IPilogue

NOVEMBER 15, 2022

Regarding the second prong, Rothschild’s counsel pointed to the lack of explicit mention of Hermès in the advertising of the NFTs. Hermès argued that Rothschild’s usage of “MetaBirkin” was akin to a trademark, namely to “brand a product line, and to attract public attention and signify source.”

Trademark Law 105

Trademark Law Trademark Non-Fungible Tokens Law 105

Technology & Marketing Law Blog

FEBRUARY 16, 2022

.” In other words, they sought to establish (using centuries-old chattel-based theft doctrines rather than trademark law) that a trademark owner has the unrestricted right to shut down anyone using their trademarks, even if no consumers are harmed. to see if it could find some soft spot in Georgia state law.

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IP Advertising Advertising Trademark Law 126

The IP Law Blog

APRIL 14, 2023

The NFL and Las Vegas Raiders threatened to sue a local law firm for trademark infringement, after the firm hired one of its athletes to appear in an advertisement with black and silver branding. Scott Hervey and Josh Escovedo talk about this dispute on this episode of The Briefing by the IP Law Blog.

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Technology & Marketing Law Blog

APRIL 3, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and was one of the signatories of the First Amendment Professors amicus brief filed in Jack Daniel’s Properties, Inc. The post The First Amendment Limits Trademark Rights, But How?–Jack

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Blogging Trademark Fair Use Trademark Law 102

43(B)log

FEBRUARY 17, 2022

One of Elysium’s counterclaims was based on statements that appeared on a blog, Right of Assembly, upwards of 20 times: ChromaDex isn’t allowed to say that NR treats any disease, because the FDA has not approved that. Was this commercial advertising or promotion? You can find out more here: [link]. I would have thought that was enough.]

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Advertising Advertising False Advertising Marketing 80

Above the Fold

SEPTEMBER 29, 2023

With more individuals and businesses entering the cannabis sector, there has been an increased interest in what kind of trademark protections a cannabis business can obtain. To read more, you can access the article here.

Law 52

Law Trademark Law Trademark Blogging 52

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.

Trademark Law 98

Trademark Law Trademark IP Blogging 98

Technology & Marketing Law Blog

MARCH 6, 2024

Tomelleri (who has appeared on this blog before ) illustrates fishes (see court exhibit on the right). If that rings a bell, it’s because just yesterday I blogged on a DIFFERENT fish painter, DeYoung, who also brought an IP lawsuit against a print-on-demand service (Pixels).

Copyright 99

Copyright Trademark Law Publishing Copyright Infringement 99

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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Advertising Advertising Trademark Cease and Desist 52

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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Law Advertising Advertising False Advertising 91

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

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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Trademark Trademark Law Advertising Advertising 59

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 ?

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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 81

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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Advertising Advertising False Advertising Trademark 85

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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Trademark Advertising Advertising Litigation 98

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? Perfect Body Image. * The Florida Bar Regulates, But Doesn’t Ban, Competitive Keyword Ads. * Rounding Up Three Recent Keyword Advertising Cases–Comphy v. Google cases.

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Advertising Advertising Settlement Trademark 105

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

Garrigues Blog

APRIL 23, 2024

The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. regarding the use of the ZARA trademark, as previously discussed here.

Trademark 52

Trademark Advertising Advertising Trademark Law 52

Technology & Marketing Law Blog

MARCH 13, 2022

More Posts About Keyword Advertising. 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? Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….

Trademark 79

Trademark Advertising Advertising Settlement 79

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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Trademark Branding Brands Branding 52

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. Most trademarks registered in the U.S The post Santa Clause and IP appeared first on Biswajit Sarkar Blog.

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IP Artistic Work Intellectual Property Branding 52

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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Trademark Registration Advertising Advertising 111

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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Cease and Desist Trademark Registering Trademarks Business 99

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

Trademarks have become an important part of running a business. Increasingly, businesses across India are applying for trademarks. This helps them stand out and acts as a prime instrument for advertising and selling their products. Primarily, a trademark distinguishes the goods and services of one trader from those of others.

Trademark 52

Trademark Intellectual Property Registration Trademark Law 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

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.

Trademark 97

Trademark Intellectual Property Registration Trademark Law 97

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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False Advertising Trademark Registration Advertising 87

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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Trademark Trademark Law Intellectual Property Advertising 122

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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Intellectual Property Registration Trademark Personality Rights 76

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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Trademark Designs Design Marketing 52

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

Trademarks have become an important part of running a business. Increasingly, businesses across India are applying for trademarks. This helps them stand out and acts as a prime instrument for advertising and selling their products. Primarily, a trademark distinguishes the goods and services of one trader from those of others.

Trademark 52

Trademark Registration Intellectual Property Service Mark 52

JIPL Online

FEBRUARY 26, 2021

[i] SCOTUS’s Booking.com decision made consumer surveys invaluable for owners of similar marks seeking trademark protection because as long as consumers identify the “generic.com” with the source, which can be illustrated via consumer surveys, it can and should receive trademark registration.

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Trademark Registration Trademark Law Advertising 98

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. As per a report, influencer marketing investment is expected to reach $15 billion in 2022. For more visit: [link].

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Social Media Intellectual Property Registration Branding 52

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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Trademark Social Media Registering Trademarks Trademark Law 105

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.)

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Trademark Government Copyright Service Mark 98

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.” Washington State’s Proposed Employer Social Media Law: The Legislature Should Take a Cautious Approach — SB 5211. The court also found “Ms. Christou v.

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Social Media Ownership Branding Brands 98