Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Therefore, the need to safeguard one’s name becomes apparent, and Intellectual Property Rights offer a means to address this concern. However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

The IP Law Blog

DECEMBER 29, 2023

Weintraub Tobin’s Intellectual Property podcast, The Briefing , published nearly 50 episodes this year covering a variety of IP issues relating to trademark, copyright, and entertainment law. As we look back, we want to share The Briefing’s most popular episodes in 2023. 3: What Now for Fair Use After Warhol v.

False Advertising 62

False Advertising Intellectual Property Fair Use Music 62

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

The growth of Intellectual Property Rights has led to an increase in demand for trademark lawyers in India. Trademarks have become an important part of running a business. Increasingly, businesses across India are applying for trademarks. This is where you need a trademark lawyer or agent to step in.

Trademark 52

Trademark Intellectual Property Registration Trademark Law 52

Biswajit Sarkar Copyright Blog

DECEMBER 24, 2022

However, the question which arises, if the character of Santa Claus is so widely used and to gain commercially benefits by attracting consumers, then who owns it and how is the intellectual property rights of the proprietor protected. Most trademarks registered in the U.S

IP 52

IP Artistic Work Intellectual Property Branding 52

Selvam & Selvam Blog

MAY 28, 2024

In the author’s personal opinion, Trademark law when implemented and enforced effectively can play a crucial role in the protection of personality rights of celebrities and to target the prevention of deepfakes and unauthorized use of an individual’s identity or likeness by third parties. Once uploaded, there is no reversing it.

Personality Rights 52

Personality Rights Intellectual Property Technology Trademark 52

SpicyIP

MARCH 8, 2023

She is intrigued by the field of Intellectual Property Law and wishes to explore the same.] This results in common claims of ‘disparagement’ in trademark law. Previously, trademark cases have been entertained in situations where disclaimers/ warnings have been given along with products. Image from here.

Advertising 104

Advertising Advertising Trademark Intellectual Property Law 104

Kashishipr

JUNE 4, 2021

QR codes originated in the automotive industry and are now commonly used in advertising, payments, product tracing, and detection of counterfeits, etc. Can we Trademark QR Codes? The Federal Institute of Intellectual Property rejected the application for the lack of distinctiveness. The post Can QR Codes be Trademarked?

Trademark 97

Trademark Intellectual Property Registration Trademark Law 97

Kashishipr

AUGUST 24, 2022

Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Relationship between Trademark Law & the Hospitality Industry. For more visit: [link].

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

OCTOBER 26, 2023

Introduction Trademarks are an important division of Intellectual Property Rights (IPR) as it considerably contributes in identification and promotion of a product. The trademark owners enjoy monopoly and exclusive proprietary rights of their trademarks through the law of trademark protection.

Cease and Desist 96

Cease and Desist Trademark Registering Trademarks Business 96

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

The growth of Intellectual Property Rights has led to an increase in demand for trademark lawyers in India. Trademarks have become an important part of running a business. Increasingly, businesses across India are applying for trademarks. This is where the role of trademark lawyer in India becomes crucial.

Trademark 52

Trademark Registration Intellectual Property Service Mark 52

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

The growth of Intellectual Property Rights has led to an increase in demand for trademark attorneys in India. Trademarks have become an important part of running a business. Primarily, a trademark distinguishes the goods and services of one trader from those of others. Who is a trademark attorney?

Trademark 52

Trademark Intellectual Property Registration Trademark Law 52

BYU Copyright Blog

OCTOBER 25, 2021

LTF provided evidence of a current version of the bulldog, in use since 2008, along with a copyright registration and a trademark registration for the Bulldog. Bel-Mac allegedly uses its Bulldog logo on apparel, cups, and other products as well as advertisements such as billboards and its website.

Derivative Work 52

Derivative Work Advertising Advertising Intellectual Property 52

Selvam & Selvam Blog

APRIL 5, 2022

For example, Amul is as famous for its quirky print advertisements, as it is for its products. However, recently when PV Sindhu won a medal in the Tokyo Olympics 2020, a lot of brands ran advertisements on social media platforms portraying her name and face along with their logo and brand to congratulate her. Tata Tea Ltd (CS no.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

Garrigues Blog

NOVEMBER 15, 2021

Often, during scrutiny and examination of an intellectual property portfolio, trade names will be found among the trademarks. It is not uncommon when reviewing a client’s intellectual property portfolio to find distinctive signs which in Spain are protected by trade names rather than trademarks.

Trademark 52

Trademark Intellectual Property Trademark Law Registration 52

Intepat

MAY 29, 2024

This affidavit is essential when the applicant asserts that the trademark has been used continuously in the market since a particular date. It is a formal declaration of prior use, establishing the applicant’s claim to the trademark. Supporting documents should be attached to substantiate these claims.

Registration 52

Registration Trademark Advertising Advertising 52

Velocity of Content

JULY 26, 2022

But trademarks are not mentioned in that foundational document. This blog has already discussed the differences between copyright and trademark– which are, unfortunately, too frequently confused as two alternative ways of protecting non-technical IP. See discussion at this blog for a longer discussion of the differences.)

Trademark 98

Trademark Government Copyright Service Mark 98

SpicyIP

MARCH 3, 2022

We are pleased to bring you a guest post by Kedar Ganesh Dhargalkar, analysing the possibility of trademark protection for bodily features. Balasaheb Apte College of Law in Mumbai. His previous guest posts on the blog can be viewed here and here. Trademarking Signature Poses/Looks – A Progressive Protection of Individuality.

Trademark 122

Trademark Trademark Law Intellectual Property Advertising 122

IPilogue

OCTOBER 6, 2021

Flash-forward to fall 2020, after Munich cancelled Oktoberfest for the first time, the city registered for the trademark with the European Union Intellectual Property Office (EUIPO). The EUIPO allowed Munich to trademark Oktoberfest under twenty-two product classes including, most importantly, tourism advertising.

Trademark 59

Trademark Intellectual Property Advertising Advertising 59

Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name. For more visit: [link].

Trademark 52

Trademark Designs Design Marketing 52

LexBlog IP

APRIL 25, 2023

where at issue is whether the Tenth Circuit erred in applying the Lanham Act extraterritorially to Abitron’s foreign sales, including purely foreign sales that never reached the United States, as more fully described in our previous blog. advertise their goods on the internet, and they purposely target American customers in America.

Trademark Law 52

Trademark Law Trademark Blogging Law 52

The IP Law Blog

APRIL 13, 2023

However, after hiring three professional athletes, including Maxx Crosby of the Las Vegas Raiders, to appear in a new advertisement, the NFL sent a cease-and-desist letter to Dimopoulos accusing the firm of unauthorized use of the Raiders’ marks.

Cease and Desist 98

Cease and Desist Law Advertising Advertising 98

IPilogue

JANUARY 14, 2022

Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School. Trademark Law. David Vaver.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

Selvam & Selvam Blog

MARCH 28, 2022

The trademark law firmly establishes that a trademark owner reserves the exclusive right to use the trademark and enforce the same. Section 142 of the Act categorizes threats as circulars, advertisements or other similar means served on the other party.

Cease and Desist 40

Cease and Desist Trademark Due Diligence Intellectual Property 40

IP and Legal Filings

FEBRUARY 20, 2022

Slogans are brief, memorable words that are commonly used in advertising to promote a specific company. Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. Using a mark as an advertising slogan, on the other hand, does not prevent it from being registered as a trademark.

Trademark 54

Trademark Advertising Advertising Registration 54

Intepat

MAY 16, 2023

For instance, famous Bollywood actor Shah Rukh Khan has registered his name “Shah Rukh Khan” and the initials “SRK” as a trademark to protect his publicity rights. Publicity Rights Under Indian IP Law In India, there is no direct statute that governs publicity rights in the intellectual property law regime.

Branding 98

Branding Brands Branding Personality Rights 98

Technology & Marketing Law Blog

OCTOBER 19, 2021

Nor could Google place ads in Plaintiffs’ marketing brochures or superimpose ads on top of Plaintiffs’ print advertisements without Plaintiffs’ permission and without paying Plaintiffs’ price. I agree Google can’t unilaterally stick its logos onto a physical retailer’s windows…because THAT WOULD BE REAL PROPERTY TRESPASS.

Licensing 89

Licensing Copyright Contracts Advertising 89

LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” So a lot is implied in, or possible from, the title ( as is often my intent on this blog ). ” (at page 9 and 13).

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Technology & Marketing Law Blog

JULY 17, 2023

Involving a dispute between two former business partners, both doing business in more than one country with the same trademarks, the Court reversed the Tenth Circuit and remanded the case for a determination of whether the accused acts satisfied the “use in commerce” requirement.

Trademark 69

Trademark Blogging Litigation Law 69

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets. .

IP 98

IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

NOVEMBER 30, 2022

This ground-breaking decision heralds the expansion of traditional fair use defenses to any trademark infringement claims where a defendant’s conduct relates, in any way, to the broad category of activity considered “expressive” under the First Amendment. VIP Products LLC.

Branding 52

Branding Brands Branding Fair Use 52

Olartemoure Blog

FEBRUARY 8, 2023

It is commonly used in trademark law and derives its authority from the First Amendment of the U.S. The Lanham Act is the main federal trademark statute in the United States. It regulates trademark infringement, trademark dilution and false advertising, amongst other activities. Constitution.

False Advertising 59

False Advertising Intellectual Property Trademark Trademark Law 59

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

The Third Circuit ruled today that Section 230 doesn’t preempt publicity rights claims because they qualify as “intellectual property” claims. ” Not only has it been proven a zillion times that property rights often harm free markets, but this concern doesn’t fit Hepp’s situation at all.

Intellectual Property 133

Intellectual Property Trademark Marketing Marketing 133

Kashishipr

NOVEMBER 3, 2021

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. Interestingly, in these cases, the trademark owner itself/himself misused the trademark as the generic name of the product in advertising and Patent Applications.

Trademark 105

Trademark Branding Brands Branding 105

Kashishipr

SEPTEMBER 8, 2021

We know that brands try to make their trademarks as unique and distinctive as possible to attain the highest level of protection under the Trademark Law. ’ Common or generic terms are usually not protected under trademark law. ’ How are then these common words registered as a trademark?

Trademark 105

Trademark Registration Branding Brands 105

LexBlog IP

MARCH 28, 2023

On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. As we previously blogged , the issues presented in the care are: 1. VIP Products LLC. We just think the Rogers test is the wrong way to approach these cases.

Branding 52

Branding Brands Branding Trademark 52

LexBlog IP

MARCH 28, 2023

On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. As we previously blogged , the issues presented in the care are: 1. It has no sound basis in trademark law or, indeed, in the First Amendment. [I]f VIP Products LLC.

Branding 52

Branding Brands Branding Trademark 52

Kashishipr

AUGUST 18, 2021

The same is majorly influenced by the mode of use, nature of advertising, and inherent nature contributing to the inherent distinctiveness of the mark owing to its common characteristics. The issue of the distinctiveness of a family of trademarks was brought forth in the case of Pure & Simple Concepts, Inc. Conclusion.

Trademark 105

Trademark Registration Branding Brands 105