LexBlog IP

APRIL 17, 2023

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. The draft Article 18 Trademark Law correctly removes the distinction between registered and unregistered well-known marks. For example, the actual art.

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Technology & Marketing Law Blog

SEPTEMBER 9, 2022

Also, there should not be a “use in commerce” when the advertiser (here, Troia) doesn’t actually offer any goods or services in the marketplace. Instead, the court’s hacking of precedent brought to mind one of my all-time least-favorite trademark cases (it still annoys me 15+ years later!) 2022 WL 3647817 (E.D.

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Technology & Marketing Law Blog

MARCH 8, 2024

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money. Alibaba N.D.

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Technology & Marketing Law Blog

MARCH 6, 2024

Tomelleri (who has appeared on this blog before ) illustrates fishes (see court exhibit on the right). He sued a print-on-demand service (Sunfrog) over alleged IP violations of his illustrations. New practice area alert for law students: the specialty niche of fish artists asserting IP claims against print-on-demand services.

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Biswajit Sarkar Copyright Blog

DECEMBER 24, 2022

The depiction of Santa Claus in Coca-Cola’s winter advertisement was done by artist Haddon Sundblom but because this artistic work was based on a real person, it could not be granted copyright protection as it was not unique. has several registered trademarks depicting various creative images of Santa Claus.

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Technology & Marketing Law Blog

MAY 13, 2023

Kudos to Nicolet Law for surviving the motion to dismiss, but I’m wondering if it will ultimately regret filing this lawsuit–either because its trademark gets busted or because it made a federal case out of nothing. For more background on competitive keyword advertising by lawyers, see this article. LoanStreet v.

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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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LexBlog IP

OCTOBER 25, 2021

It is difficult to remember a time when keyword advertising did not dominate the internet. Most search engines, such as Google, Bing, and Yahoo, maintain keyword advertising programs which allow advertisers to bid on search terms and keywords that drive customers searching for a particular product or service to their website.

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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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Technology & Marketing Law Blog

AUGUST 30, 2023

This is a competitive keyword advertising lawsuit. The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising.

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IPilogue

MARCH 6, 2023

Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On December 26, 2022, the Japanese IP High Court dismissed an appeal from Christian Louboutin (“Louboutin”), a shoe designer known for its iconic red-bottom heels, in its action against Japanese shoe designer, Eizo Collection Co.,

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Technology & Marketing Law Blog

JULY 26, 2022

I’ve often wondered about the conversations that take place between trademark owner and counsel before filing a keyword advertising lawsuit. You can have a court declare your trademarks weak or invalid so they are less valuable than when you started. More Posts About Keyword Advertising. * Should we say ?

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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. Copyright Law.

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Garrigues Blog

FEBRUARY 5, 2024

regarding the use of the ZARA trademark. We will examine the impact of the ruling in cases involving the use of third-party trademarks. Buongiorno was an internet and mobile telephone network provider that, in 2010, launched an advertising campaign for a paid subscription to a messaging service for receiving content via SMS.

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Technology & Marketing Law Blog

JULY 25, 2021

More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. Want to Engage in Anti-Competitive Trademark Bullying? FTC. * Selling Keyword Ads Isn’t Theft or Conversion–Edible IP v. Newport Fishing. * IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v. Google cases.

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Technology & Marketing Law Blog

MARCH 13, 2022

More Posts About Keyword Advertising. Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v. Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v. lululemon. * Ohio Bans Competitive Keyword Advertising by Lawyers. * Want to Engage in Anti-Competitive Trademark Bullying? Greenberg v.

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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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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. How to Ensure Compliance with IP? As per a report, influencer marketing investment is expected to reach $15 billion in 2022.

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IP and Legal Filings

OCTOBER 26, 2023

Legal Position In India In India a viable resolution against baseless legal threats is encapsulated in Section 142 [2] of the Trademark Act, 1999. 4] That Daily Basket had an entirely different user interface and the get-up was also way different. However post this Big Basket offered to solve the issue in an amicable manner.

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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. Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India.

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IPilogue

NOVEMBER 17, 2022

A month later, the restaurant found an advertisement posted by Meng for the sale of the registration of the JU DIAN & Design Mark for $100,000. It was reasonable to infer that Meng knowingly obtained the trademark registration associated with Beijing Judian in China to leverage the restaurant’s reputation for his own economic interests.

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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.

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43(B)log

FEBRUARY 16, 2023

22, 2022) This is a super messy case with a lot going on; I’m going to blog about it mainly to highlight a new thing you can apparently do with a trademark application , which is use it on non-Amazon platforms to gain advantages. Even without standing, Jones failed to state a claim for false association or false advertising.

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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.

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LexBlog IP

APRIL 19, 2023

A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. The purpose of a trademark is to prevent consumer confusion about the source of the corresponding product.

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Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern. Many companies exploit renowned person identities without obtaining proper consent, leading intellectual property experts to advocate for the safeguarding of image rights through registration under Intellectual Property laws.

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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 post Can QR Codes be Trademarked? appeared first on Blog | Kashish IPR | Intellectual Property Rights Law Firm.

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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. As well as the many other trademarks that each of them uses).

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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].

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The IP Law Blog

MARCH 5, 2021

Xerox ran an advertising campaign “You can’t Xerox a Xerox on a Xerox. Scott discusses this topic with Josh Escovedo in an episode of The Briefing by the IP Law Blog. But we don’t mind at all if you copy a copy on a Xerox® copier.”. You can watch the video here , or listen to the podcast here.

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IPilogue

MARCH 20, 2023

The motion court first hearing the case misapplied the fundamental principles of trademark law. because they were the first to file a trademark application for “Bombay Frankies” despite not having yet used the mark. The motion court granted the injunction to 2788610 Ontario Inc. 2788610 Ontario Inc.

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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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IP Tech Blog

AUGUST 17, 2022

57 of the Chinese Trademark law. The article provides as follows: “ Any of the following acts shall be deemed as infringement of exclusive rights to use registered trademarks: . (1) 7) causing harm to other’s exclusive rights to use registered trademarks.”. 57 of the Trademark Law. The MSA Decision.

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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. AJ Press LLC , Case No. 21-55881, in the U.S.

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IPilogue

OCTOBER 6, 2021

The EUIPO allowed Munich to trademark Oktoberfest under twenty-two product classes including, most importantly, tourism advertising. The application to the EUIPO stated that Munich wished to trademark the term to prevent others from advertising and profiting off products associated with the event or events replicating the festival.

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Intepat

MAY 16, 2023

Publicity Rights Under Indian IP Law In India, there is no direct statute that governs publicity rights in the intellectual property law regime. However, Indian law has indirect references for the protection of publicity rights. appeared first on Intepat IP. Under this Act, Sec. Rajat Nagi & Ors.

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IPilogue

AUGUST 4, 2022

On May 1, 2019 the respondent met with Mr. Sing and demanded CAD $1,500,000 for Beijing Judian to acquire use of JU DIAN trademarks. On June 3, 2019, Judian became aware of an advertisement for sale of the trademark on an online marketplace, VanSky.

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