IP Tech Blog

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. Neither of these prongs is easy [for a plaintiff] to meet.”.

Branding 57

Branding Brands Branding Fair Use 57

Kashishipr

AUGUST 24, 2022

By establishing a brand name, a service provider in the hospitality industry can benefit from having many customers and build a good reputation. Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India. Trademark for the Taj Mahal Palace Hotel.

Trademark 52

Trademark Branding Brands Branding 52

Biswajit Sarkar Copyright Blog

DECEMBER 24, 2022

Santa Claus art works which are often used by brands to promote their Christmas related products can be protected copyright law. Coming to the prospect of trademark protection for using the word “Santa Claus” or the character of Santa Claus being used to identify the products or services of one brand from another, U.S

IP 52

IP Artistic Work Intellectual Property Branding 52

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. The trademark owner memorably (and ridiculously) characterized the rival as engaging in “keyword conquesting,” a term I encourage you never to use. The court already sent that trademark claim to the jury ( my blog post on that ruling ).

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Trademark Advertising Advertising False Advertising 78

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

SpicyIP

MARCH 8, 2023

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. Nor is there any advertising for any goods or services. Comparative advertisement: A mandatory claim for disparagement ?

Advertising 104

Advertising Advertising Trademark Intellectual Property Law 104

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. The defendants bought competitive keyword ads on Adler’s trademarks, which Adler objected to. For background on the legal battles over keyword advertising by lawyers, see this article.

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Advertising Advertising False Advertising Trademark 82

IP and Legal Filings

OCTOBER 26, 2023

This is generally done by giant corporations and brand names to survive the competition and swallow the small businesses for gains. The modus operandi of bullying and legal threats which are baseless by large entities gets initiated by serving a cease and desist notice which contains threats of instituting a trademark infringement suit.

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Cease and Desist Trademark Registering Trademarks Business 97

Technology & Marketing Law Blog

MARCH 13, 2022

Las Vegas Skydiving Adventures offers tandem skydiving under the “Fyrosity” brand. Melwani sells products under the “Royal Silk” brand. More Posts About Keyword Advertising. Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v. It has never offered its services through Groupon.

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Trademark Advertising Advertising Settlement 80

Technology & Marketing Law Blog

JULY 25, 2021

lululemon’s brand also displays prominently in its keyword ads. More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. Want to Engage in Anti-Competitive Trademark Bullying? Amazon & More. * Do Adjacent Organic Search Results Constitute Trademark Infringement?

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Advertising Advertising Settlement Trademark 106

Technology & Marketing Law Blog

AUGUST 17, 2021

However, “[b]ecause meta tags direct internet traffic and are invisible to the internet user (absent the user taking additional steps), meta tags are similar to keyword advertising” (citing a non-precedential metatags opinion from 20 years ago). More Posts About Keyword Advertising. Distraction is insufficient. OK, I guess.

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Advertising Advertising Trademark Settlement 105

IPilogue

MARCH 6, 2023

While Louboutin’s products retail for JPY80,000 ($613) and over and fall within the luxury brand market, Eizo’s shoes occupy the affordable or no-name brand markets, with an average retail price of JPY17,000 ($130). As of November 2020, however, the JPO only registered 8 colour marks out of 543 applications for colour marks.

IP 59

IP Branding Brands Branding 59

Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. It currently accounts for about 15% of the entire revenue spent on global advertising. Remember, posting content that contains someone else’s logo, product name, or trademark may infringe upon their IPRs.

Social Media 52

Social Media Intellectual Property Registration Branding 52

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Additionally, a name is a crucial element of personal branding, influencing perceptions, forming first impressions, and conveying character. For renowned figures, the importance of their name extends to public perception, brand identity, and professional success. It distinguishes us and shapes our sense of self.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

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? However, if you incorporate a QR code into a logo, you can file a Trademark Application to register that logo. The post Can QR Codes be Trademarked?

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Trademark Intellectual Property Registration Trademark Law 97

Technology & Marketing Law Blog

AUGUST 5, 2022

We blogged this case twice before. The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.”

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Social Media Ownership Branding Brands 98

The IP Law Blog

MARCH 5, 2021

Ironically, the more popular a trademark becomes, the more likely it is that a trademark will become generic, causing the trademark owner to lose its exclusive right to use and protect the trademark. Once a mark becomes generic, it loses its trademark protection and becomes available to the public.

Trademark 85

Trademark Branding Brands Branding 85

Kashishipr

SEPTEMBER 7, 2022

When we talk about building brand image and attraction, fashion companies put in a lot of time, money, effort, and hard work. Trade dress protection falls under trademark law as the design functions as a trademark, i.e., identifying a product emerging from a specific fashion house or fashion designer.

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Trademark Designs Design Marketing 52

IP Tech Blog

AUGUST 17, 2022

In particular, Tsingtao alleged that such use of its registered trademark created in the relevant users the impression that the small breweries’ beer and brand was somewhat related to Tsingtao Beer. 57 of the Chinese Trademark law. 7) causing harm to other’s exclusive rights to use registered trademarks.”.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

Intepat

MAY 16, 2023

If the property of a person can be protected, likewise, when a popular celebrity like Amitabh Bachchan faces possible harm regarding his brand, the same can be protected under his right to publicity. Through various case laws, the scope of publicity rights has been expanded by the Indian judiciary. Under this Act, Sec.

Branding 98

Branding Brands Branding Personality Rights 98

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.

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Trademark Advertising Advertising Registration 54

LexBlog IP

APRIL 19, 2023

“Trade dress” is a subsection of trademark law and protects the design and shape of a product or its packaging, again to identify the source of the product. photographs or product renderings) on listings, product packaging, advertising materials, and instruction manuals.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 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. But absent these features, pervasive copying and trading off a brand’s goodwill tends to confuse. VIP Products LLC. I had a dog.

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. But absent these features, pervasive copying and trading off a brand’s goodwill tends to confuse. VIP Products LLC.

Branding 52

Branding Brands Branding Trademark 52

SpicyIP

MAY 18, 2022

She works in a law firm that advises technology companies. Her previous posts on the blog can be viewed here, here , here , here and here. Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse.

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Non-Fungible Tokens Trademark Artwork Art 122

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. There is some discussion about the First Amendment, but it’s so terrible that I can’t bring myself to blog it. First Amendment.

Licensing 88

Licensing Copyright Contracts Advertising 88

IP and Legal Filings

FEBRUARY 4, 2022

Introduction: The concept of comparing and considering a trademark in its entirety is a well-established tenet in trademark law. When a trademark is registered, it provides protection to the mark as a whole, even if it is a composite trademark with numerous aspects in it. Factual Background.

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Registration Trademark Trademark Law Marketing 63

SpicyIP

MAY 15, 2024

Malak is a third year law student from Rajiv Gandhi National University of Law, Punjab. In case any reader is interested, this order has previously been discussed on the blog here. This two-part post endeavours to counter and add a new perspective to the existing arguments on this blog, which can be found here , here and here.

Trademark 59

Trademark Advertising Advertising Blogging 59

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Trademark Law. Parody in Trademarks is No Joke. While filing trademarks is important for brand protection, the examination stage can take upwards of two years to complete.

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IP Copyright Infringement Inventor Intellectual Property 106

Kashishipr

NOVEMBER 3, 2021

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. Simply put, trademark genericization is the death of the mark as it no longer acts as a source indicator of the brand owner.

Trademark 105

Trademark Branding Brands Branding 105

Kashishipr

SEPTEMBER 8, 2021

A trademark is typically a sign, logo, symbol, word, phrase, design, or combination of them, which identifies the product or service of a particular brand. It recognizes the corporate identity of the brand. To sell the product, using the brand name makes it a trademark. A great example here is Apple.

Trademark 105

Trademark Registration Branding Brands 105

43(B)log

APRIL 17, 2023

13, 2023) I don’t usually blog default cases because there’s usually little legal analysis; this case is an exception around the fraught area of first sale, showing unusual diligence by the court. Quincy sued BRYK “under multiple legal theories for making unauthorized sales of products branded with Quincy’s PREVAGEN trademark.”

False Advertising 45

False Advertising Advertising Advertising Trademark 45

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may.

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Trademark Registering Trademarks Trademark Law Branding 74

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Defining Trademark A “trademark” is a mark which is used for a commercial purpose. It is also called a brand name because it contains names, symbols, logos, and taglines that help to identify and differentiate a company’s goods and services from those of others. How do trademarks function?

Business 52

Business Trademark Registration Cease and Desist 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.

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Trademark Registration Branding Brands 105

SpicyIP

JANUARY 2, 2022

In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. The Division Bench reiterated that what makes something a trademark is the power to distinguish a product from others.

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IP Intellectual Property Copyright Trademark 143

IPilogue

MARCH 2, 2022

On January 14, 2022, Hermès filed a trademark infringement and dilution lawsuit against Mason Rothschild, the designer of MetaBirkin Non-Fungible Tokens (NFTs), a collection of 100 fur-covered Birkin-shaped bags, which launched in December 2021 on the NFT exchange platform OpenSea. . Hermès’ Action. Future of Fashion in the Metaverse.

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Cease and Desist Non-Fungible Tokens Fair Use Intellectual Property 105