Erik K Pelton

APRIL 24, 2023

The following is an edited transcript of my video Color Trademarks Case Study: T-Mobile Magenta. Non-traditional trademarks are some of the most interesting and fun topics to discuss in the world of brand protection. They’re not terribly common for most brands, and that’s part of what makes them interesting.

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Trademark Registering Trademarks Branding Brands 130

SpicyIP

JULY 13, 2021

We’re pleased to bring you a guest post by Sangita Sharma, looking into the law around comparative advertisements in India. Serious Comparative Advertising: Broadening the Definition. It allowed the advertisement but asked the company to remove the reference to the detergent soap. Sangita Sharma.

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Advertising Advertising Branding Brands 105

SpicyIP

AUGUST 31, 2023

Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. If you have come across such ads and have wondered whether such use of a mark infringes the mark of the luxury brand, then you are not alone.

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SpicyIP

AUGUST 25, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? An image of the comparative advertisement launched by Domex, wherein Domex explicitly asks which toilet cleaner fights bad smell for longer and makes a tick mark against Domex, with Harpic as another option next to it. Legal Position on Comparative Advertisement.

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IP and Legal Filings

MAY 17, 2023

Introduction The promotion of products through defamatory or misleading remarks about the competitor’s product, known as “product disparagement,” can lead to legal disputes, blurring the line between this and comparative advertising. To prevent legal disputes, caution must be exercised to differentiate between the two.

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Erik K Pelton

MAY 9, 2022

The following is an edited transcript of my video Sounds, Colors, Scents, and Other Nontraditional Trademarks. Non-traditional trademarks are those things that indicate the source of a brand, but are not brand names, logos, or slogans. The uniform of a UPS driver is a registered trademark.

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Trademark Registering Trademarks Registration Designs 189

LexBlog IP

MARCH 24, 2023

The NCAA Men’s Basketball Tournament is a major revenue generator for the NCAA, with millions of dollars in advertising and broadcasting deals at stake. One of the key elements of the NCAA’s intellectual property rights is the trademark for the phrase “March Madness.”

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Branding Brands Branding Cease and Desist 40

LexBlog IP

AUGUST 16, 2023

In the digital age, where online presence is integral to business success, safeguarding your brand’s identity across the virtual landscape is a priority. Unauthorized parties often attempt to capitalize on well-known brands by registering similar domain names.

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Registration Social Media Trademark Registering Trademarks 52

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Corporations must establish online identities, such as logos, slogans, product names, and brands, to build consumer awareness, loyalty, and trust.

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Kashishipr

OCTOBER 5, 2022

In the ongoing highly competitive working business environment, the elements of a good advertisement are likely to be copied or imitated by others in the industry. Brands and businesses are now exploring more innovative ways to advertise their offerings, i.e., products or services. Defendant no. Vini Cosmetics Pvt.

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43(B)log

MARCH 14, 2024

11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! We are fiercely protective of the Crocs brand and our iconic DNA. Crocs, Inc., 2024 WL 1051951No. 23-cv-01790-PAB-KAS (D. The parties compete in the shoe market. Trial was scheduled for 2022 (!),

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False Advertising Advertising Advertising Branding 59

43(B)log

DECEMBER 28, 2022

17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. incorporation of documents into the complaint by reference, both often significant in false advertising cases.

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Branding Brands Branding False Advertising 59

LexBlog IP

FEBRUARY 7, 2024

It includes many rules, several of them directed at the language of business in Quebec, and some regarding the use of French on both product packaging and signage/advertising. Presently, all product labelling and commercial signs appearing in Quebec must be in French – but the Charter provides certain exceptions for trademarks.

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Registering Trademarks Advertising Advertising Social Media 52

SpicyIP

AUGUST 20, 2023

Aditya is an attorney at Ira Law and represents Google in trademark litigation relating to keyword advertising. Google has argued that such a claim is not actionable in trademark law and Google’s activities are beneficial for consumers. The Court examines various provisions of the Trademarks Act to reach this conclusion.

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Kashishipr

JANUARY 5, 2022

Additionally, it also deals with the exclusive rights of a trademark owner, penalties for Trademark Infringement , remedies for damaged goods, and modes of transference of a Registered Trademark. Creating a brand image for the goods/services in the minds of the public at large. Trademark Search.

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Trademark Branding Brands Branding 105

IP and Legal Filings

JANUARY 31, 2023

[Image Sources : Istock] Metaverse- a Magnet to Fashion Brands Virtual worlds provide fashion brands with the opportunity to significantly cut down on the excessive resource consumption of lifestyle and create sustainability. Fashion brands are no strangers to the continuous fight against fake and counterfeit items in the real world.

Law 86

Law Branding Brands Branding 86

IP and Legal Filings

JUNE 14, 2023

Introduction It often happens that a company’s trademark is confused with its brand and on top of that, the brand name or trade name. A trade name is a name under which a company pursues its business and needs to be distinguished from the entity’s registered or legal name.

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Marketing Marketing Intellectual Property Branding 52

43(B)log

SEPTEMBER 9, 2021

I won’t say much about that, though I do have a big question, but there are also false advertising aspects of the case. Plaintiffs’ registered trademarks include “SLEEP NUMBER”, “WHAT’S YOUR SLEEP NUMBER”, “SELECT COMFORT”, and “COMFORTAIRE.” Baxter; 996 F.3d 3d 925 (8 th Cir.

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IP and Legal Filings

OCTOBER 26, 2023

A well- known trademark helps the consumers in spotting the difference between similar products by educating them about the product which results in informed choices. The trademark owners enjoy monopoly and exclusive proprietary rights of their trademarks through the law of trademark protection.

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Cease and Desist Trademark Registering Trademarks Business 99

The IPKat

DECEMBER 17, 2021

According to the SCA, the target market for the products was made up of discerning consumers who were more concerned with the precise brand of watch they required, and who would be less likely to be deceived or confused by the limited similarities between the marks.

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Trademark IP Registering Trademarks Branding 96

IP and Legal Filings

AUGUST 4, 2022

Trademarks refer to an identifiable phrase, word, or symbol or a combination of these that represents a particular product or service and differentiates it with another product or service. Trademarks helps in the prevention of likelihood of confusion with an existing trademark. has registered several trademarks.

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Intellectual Property Law Intellectual Property Law Social Media 78

IIPRD

JANUARY 6, 2023

However, the protection of a trademark has always been important for a firm since it is closely associated with the identification of a product but in the present scenario of social media culture, the risk of trademark infringement has increased to a large extent. Hashtag and trademarks. Parody and trademark.

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Social Media Trademark Advertising Advertising 52

SpicyIP

MAY 2, 2022

We’re pleased to bring you a timely guest post by Sangita Sharma on a recent order by the Delhi High Court, on the usage of a competitor’s registered trademarks as keywords or adwords. The plaintiff filed the suit seeking protection of its various registered trademarks used by Defendant No.1- Defendant no.

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Registering Trademarks Trademark Advertising Advertising 119

Kashishipr

JANUARY 19, 2022

The form of intangible property comprising of skillsets, know-how, business ideas, and strategies have helped in the development and generation of the transborder reputation of several brands. Noting the Difference between a Brand and a Trademark. How Does a Trademark Help in the Marketing of a Brand?

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Marketing Marketing Trademark Branding 105

Intepat

DECEMBER 1, 2023

For both individuals and businesses, trademarks stand as valuable assets, offering protection for unique brands, logos, and slogans. However, there are instances where an individual perceives that a trademark application by another person infringes upon their rights or interests.

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Trademark Registering Trademarks Registration Copying 59

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

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IP Artistic Work Intellectual Property Branding 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. 7) causing harm to other’s exclusive rights to use registered trademarks.”. 57 of the Trademark Law.

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Trademark Registering Trademarks Art Cease and Desist 104

azrights

JUNE 19, 2023

Tesco probably didn’t initially realise the wider ramifications of using the Clubcard name, so may have been satisfied with its advertising agency. However, clients who are initially satisfied with a service can later become dissatisfied once they learn more about branding… This happened to me. They have a special job to do.

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Branding Brands Branding Designs 52

IP and Legal Filings

SEPTEMBER 19, 2023

If there are no oppositions, or if the opposition is unsuccessful, the trademark will be registered, and a certificate of registration will be issued. A registered trademark is valid for a period of 10 years, after which it can be renewed for additional 10-year periods.

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Trademark Intellectual Property Registration Registering Trademarks 88

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. Akshay Kumar, who has successfully registered KHILADI as a trademark.

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Intellectual Property Registration Trademark Personality Rights 76

Corsearch

MARCH 13, 2023

So, will other content creators, brands, and consumers be able to use Mickey Mouse in their own works? Disney still own the copyright on more recent works featuring the character and, most importantly, have protected his name, likeness, and associated imagery by registering trademarks. The short answer is no.

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Public Domain Trademark Copyright Registering Trademarks 52

Intepat

DECEMBER 21, 2021

QR codes were first utilised in the automotive business, but they are now widely used in advertising, payments, product tracing, and counterfeit detection, among other things. One can, however, file a Trademark Application to register a logo that incorporates a QR code. What exactly is the issue with QR codes? Judicial Decision.

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Trademark Intellectual Property Registering Trademarks Branding 98

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. Relationship between Trademark Law & the Hospitality Industry.

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Trademark Branding Brands Branding 52

Kashishipr

SEPTEMBER 22, 2021

A trademark is an important business asset that offers protection to a brand. Businesses own valuable trademarks, which, once registered, can be licensed out. The rights that flow from a trademark can be licensed to others to receive royalties for commercialization. Advantages of Trademark Licensing.

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Licensing Trademark Branding Brands 105

Kashishipr

JULY 21, 2021

Consumers are shifting their preferences from physical to the online mode today, and to meet this demand, several brands have started working towards optimizing their online presence, protecting their brand equity, and driving profitable e-commerce sales growth. Dealing with the Challenge.

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Branding Brands Branding Cease and Desist 105

SpicyIP

MARCH 11, 2024

The Court has dismissed the Special Leave Petition (SLP) filed by MakeMyTrip (MMT) against Google regarding the alleged misuse of MMT’s trademarks as “keywords” in Google Ads. Furthermore, the CJI astutely questioned whether the auction involved the trademark itself or merely the right to claim a space.

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Trademark Registering Trademarks Branding Brands 59

43(B)log

JULY 3, 2023

Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products. For the first two, Industria failed to show literal falsity.

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