LexBlog IP

AUGUST 16, 2023

Essential Benefits of Trademark Registration – Part 6 This is the sixth in a series of posts about the benefits of having your trademark registered. In the fast-paced world of commerce, where imitation and unauthorized use can compromise a brand’s integrity, safeguarding your unique identity is of paramount importance.

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Branding Brands Branding Registration 40

IPilogue

FEBRUARY 14, 2022

Comparative advertising is an effective marketing technique, in which a company’s product or service is compared to its competitor’s. Consumers are more willing to try out new things if they are assured that the new product is comparable or superior to those made by well-known brands. Operations (“Constellation”).

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Advertising Advertising Trademark Branding 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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Trademark Advertising Advertising Branding 111

JD Supra Law

APRIL 3, 2024

At the National Advising Division (NAD), competitors will sometimes go for the brass ring, the big prize, the whole enchilada, and ask the NAD to recommend that an advertiser’s trademarked slogan or even the brand name be discontinued. By: BakerHostetler

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False Advertising Advertising Advertising Trademark 51

Indiana Intellectual Property Law

DECEMBER 22, 2023

In the competitive world of mattresses and bedding, brand recognition and trust are paramount. recently filed a lawsuit against Defendant Luxury Mattress & Furniture LLC , a suit highlighting the significance of safeguarding trademarks and brand integrity. Plaintiff Tempur Sealy International Inc. Continue reading

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Branding Brands Branding Intellectual Property 52

azrights

OCTOBER 5, 2023

I would love to send you a signed copy of Brand Tuned, the new rules of branding, strategy and intellectual property if you’re UK based and are: EITHER: An Azrights client: OR An agency or freelancer supporting businesses to promote or create their brand. Effectively, the reputation of a business is its brand.

Copying 52

Copying Branding Brands Branding 52

JD Supra Law

JULY 24, 2023

Last week, the Federal Court of Canada issued its long-awaited decision in Energizer Brands, LLC v Gillette Company, 2023 FC 804. The case is noteworthy because it is a “comparative advertising” case, and one of only a few that have dissected section 22 of the Trademarks Act. By: Smart & Biggar

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Advertising Advertising Branding Brands 52

IP Watchdog

FEBRUARY 14, 2024

Fashion is a brand-driven industry, and few brands in the fashion space carry the same cachet as Chanel. But how much control do brands like Chanel have over merchants who resell name-brand items in the secondary market? The answer, according to a federal jury in the Southern District of New York, is “Quite a bit.”

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False Advertising Trademark Branding Brands 72

azrights

JUNE 27, 2023

Do you: Know what ‘brand’ means and signifies to the value of your business? Have the knowledge and skills in Brand IP and branding to be your own brand manager? You as the business owner need a solid understanding of Brand and IP so you can be its brand manager. Why brand management?

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Branding Brands Branding Business 52

IP Law 360

JANUARY 24, 2023

Intellectual property owners who can't justify the cost of trademark, copyright or advertising litigation in the current uncertain economic climate should consider less expensive brand-protection options, such as the Digital Millennium Copyright Act's uniform takedown procedure for online copyright infringement, says Michael Justus at Katten.

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Branding Brands Branding Litigation 75

Erik K Pelton

DECEMBER 7, 2021

The brands of many professional online gamers have millions of followers and huge profits from endorsements, advertising, merchandise, and more, yet many of them are not protected. Erik provides some trademark tips and guidance for the eSports industry that is applicable to other brand owners, influences, and businesses as well.

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Trademark Advertising Advertising Branding 133

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

azrights

MARCH 15, 2021

There are two drivers of brand asset strength: uniqueness and fame. For example, when you see the swoosh logo of the Nike brand you know it represents Nike even though it may be featured on its own with no name accompanying it. If an asset is less famous, it is more likely to be mistakenly attributed to a competitor’s brand.

Branding 52

Branding Brands Branding Trademark 52

JD Supra Law

JANUARY 30, 2024

2023 was an active year in Canadian trademark law. Canadian Courts addressed a wide range of issues, from licensing to comparative advertising to co-branding. Notable changes also emerged from the Canadian Trademarks Office. Additionally, many trademark fees increased by 20-35%.

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Trademark Law Trademark Law Advertising 76

Olartemoure Blog

APRIL 14, 2023

The photograph in question features Shayk wearing sweatpants designed by the brand Deadly Doll, which is protected by copyright. The trademark claimed that it had the rights over the photograph and published it on its social media as advertising , without the authorization of the author.

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Branding Brands Branding Derivative Work 52

Erik K Pelton

MAY 23, 2022

The following is an edited transcript of my video Trademark Protection for eSports and Gamers. But I’ve been following the world of gaming and eSports competitions for many years, and in fact, have been lucky enough to work with eSports teams and several gamers to protect their brands. Zero trademarks.

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Trademark Social Media Branding Brands 162

azrights

OCTOBER 27, 2021

The brand name and codes play an important role in the management of competition. Inevitably competitors will try to capture some of the market shares of any brand that discovers a lucrative market opportunity. Protecting brand identifiers is the way to avoid the possibility of consumer confusion as to the source or origin of a brand.

Branding 52

Branding Brands Branding Copying 52

JD Supra Law

APRIL 29, 2024

Earlier this month, the National Advertising Division (NAD) of the Better Business Bureau (BBB) announced a recommendation that Planting Hope Brands, LLC discontinue use of the ® (registered trademark symbol) in advertising a specific rice product called RIGTHRICE. By: Fox Rothschild LLP

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Registering Trademarks Advertising Advertising Branding 72

Erik K Pelton

NOVEMBER 15, 2021

The following is an edited transcript of my video, 50 Ways to Use Your Trademark. Clients ask all the time, “Now that I’ve got my trademark protected or registered, how do I use it? There are many different places and ways to use your trademarks. I’ve got 50 Ways to Use Your Trademark. Where do I use it?”

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Trademark Branding Brands Branding 147

Trademark and Copyright Law Blog

APRIL 25, 2022

Business is booming for cannabis ventures, but the legal landscape for brand protection and product advertising is rife with complications that demand special consideration. Leveraging alternative IP strategies for brands. Advertising best practices and what not to say. CBD, hemp, and the 2018 Farm Bill.

Advertising 40

Advertising Advertising Trademark Intellectual Property 40

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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Fair Use Advertising Advertising Branding 105

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.

Advertising 105

Advertising Advertising Branding Brands 105

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. Buildings can be registered as trademarks. That’s a registered trademark.

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Trademark Registering Trademarks Registration Designs 189

IP and Legal Filings

NOVEMBER 22, 2023

Introduction Advertising is an important strategy for a company to sell its products to the customer. Advertising generated awareness about a particular product in among the masses and the reaction of the masses decides the fate of the product. To increase their sales, often companies indulge themselves in comparative advertising.

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Fair Use Advertising Advertising Branding 88

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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Advertising Advertising Marketing Marketing 73

IP Tech Blog

NOVEMBER 30, 2022

AJ Press, LLC , the Ninth Circuit affirmed a trademark win for upstart news outfit Punchbowl News. Thus, Punchbowl ’s true impact on trademark law will likely be delayed until resolution of Jack Daniel’s. It owns the trademark PUNCHBOWL for its event services as well as for related services (such as sending electronic invitations).

Branding 57

Branding Brands Branding Fair Use 57

IP and Legal Filings

MARCH 14, 2022

. (“Chanel”), is an iconic fashion company based in New York known for its luxury fashion products and owns rights to several Chanel and CC monograms trademarks associated with the brand design. The brand was not involved with selling secondly handed or vintage goods.

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Branding Brands Branding False Advertising 52

LexBlog IP

AUGUST 16, 2023

Essential Benefits of Trademark Registration – Part 8 This is the eighth in a series of posts about the benefits of having your trademark registered. In the digital age, where online presence is integral to business success, safeguarding your brand’s identity across the virtual landscape is a priority.

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Registration Social Media Trademark Registering Trademarks 52

IP and Legal Filings

OCTOBER 30, 2023

Conceived by Ruth Handler and named after her own daughter, Barbie has, from its inception, been a driving force behind Mattel’s successful branding efforts, resulting in the sale of over a billion Barbie dolls and the expansion of the franchise into various media, including video games, merchandise, and a live-action movie.

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Trademark Branding Brands Branding 86

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?

Marketing 105

Marketing Marketing Trademark Branding 105

The IPKat

JULY 30, 2023

Over to Theodora: Second-hand fashion and trademark rights’ exhaustion under EU law, a guide for brand owners to “wear” this new trend by Theodora Goula Every day, more and more consumers are joining the second-hand fashion movement. The second question is whether any of the exceptions to trademark exhaustion apply.

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Branding Brands Branding Advertising 97

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. 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.

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Cease and Desist Trademark Registering Trademarks Business 98

Corsearch

APRIL 19, 2023

With Gen Z ambivalent on the cost of counterfeiting to legitimate brands – and often actively seeking fakes out – how can brands educate consumers about their societal harms? Typically defined as people born between 1997 and 2012, Gen Z are seen by many brands as the number one audience to connect with online.

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Branding Brands Branding Social Media 40

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.”

Branding 40

Branding Brands Branding Cease and Desist 40

TorrentFreak

JULY 9, 2022

These VPN providers emphasize in advertisements that they delete their end users’ log access records so their identities will never be disclosed to copyright owners or law enforcement. Soon after, VeePN started to promote itself in relation to the Popcorn Time brand, the lawsuit alleges. Millions in Copyright and Trademark Damages.

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Advertising Advertising Copying Trademark 127

Technology & Marketing Law Blog

AUGUST 11, 2022

Rebecca Tushnet and I are pleased to announce the sixth edition of our casebook, Advertising & Marketing Law: Cases & Materials. We also have two online-only chapters on housing discrimination (Chapter 20) and political advertising (Chapter 21), both also freely downloadable. Chapter 2: What is an Advertisement?

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Editing Advertising Advertising Marketing 119

LexBlog IP

JULY 10, 2023

Can I Use a Competitor’s Name in Advertising? by Founders Legal Some of the most memorable advertising campaigns in history involve the comparative use of competing trademarks. A thoughtless ad campaign that carelessly namedrops another company’s trademark could land you in court. The list could go on and on.

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Advertising Advertising Branding Brands 40