LexBlog IP

FEBRUARY 14, 2023

Design patents protect the look of something functional, regardless of whether the functional aspects are new. Because of this, a popular use of design patents is to protect the outside of common consumer products. Increasingly, companies are investing in designing unique and aesthetically pleasing typefaces.

Design Patent 52

Design Patent Designs Design Patent 52

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

43(B)log

JULY 21, 2023

but also narrows the issues somewhat; the larger infringement, cybersquatting, and false advertising claims can’t be resolved on summary judgment. Axon sued for infringement of the Taser word and design marks and for holding Taser-related domain names for ransom. Does that sound like the claims against the domain names might be lached?

False Advertising 52

False Advertising Advertising Advertising Social Media 52

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 often is designated by the term “doing business as,” “trading as,” or “operating as” to make this distinction from the legal name.

Marketing 52

Marketing Marketing Intellectual Property Branding 52

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 (!),

False Advertising 59

False Advertising Advertising Advertising Branding 59

43(B)log

AUGUST 25, 2022

22, 2022) The court here allows an antitrust claim to proceed based in part on allegedly false/misleading statements because they form part of the alleged anticompetitive product-hopping scheme and because the unique characteristics of the drug market make market-based responses to false advertising difficult.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

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.

Trademark 86

Trademark Social Media Advertising Advertising 86

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

43(B)log

JANUARY 27, 2023

24, 2023) WS sued Wayfair, alleging patent infringement, Lanham Act false advertising, Massachusetts and California statutory unfair competition and Massachusetts false advertising based on alleged copying of West Elm products. Wayfair moved to dismiss the false advertising and unfair competition claims.

False Advertising 59

False Advertising Advertising Advertising Designs 59

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights. Design Rights.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

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.

Branding 59

Branding Brands Branding False Advertising 59

The IPKat

DECEMBER 27, 2021

In addition, the notion of ‘counterfeit’ was taken to refer to “ items that look identical to a genuine product with or without the official branding/logo, but are not made by the brand and may be of lower quality, for example, a handbag of identical design to a “Chanel” with or without the Chanel logo.”

Social Media 117

Social Media Reporting Advertising Advertising 117

IPilogue

JULY 15, 2021

Behind every costume is a designer whose vision and design breathes life into characters. But behind every designer, other figures may undercut and miscredit them. Disney’s Cruella , released in May 2021 , tells the story of two haute couture designers battling for recognition in the fashion industry.

Licensing 106

Licensing Contracts Designs Design 106

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.

Branding 40

Branding Brands Branding Social Media 40

43(B)log

APRIL 15, 2024

GMP owns two federally registered trademarks: the “GOOD MEAT” standard character mark and the “GOOD MEAT BREAKDOWN” design mark. The court denies a preliminary injunction on the trademark claims based on lack of likely success on the merits, but declines to dismiss either infringement or false advertising claims.

False Advertising 64

False Advertising Advertising Advertising Marketing 64

SpicyIP

OCTOBER 27, 2023

Nagging refers to persistent, repetitive, and constant requests for action, such as the ‘sign-up’ or ‘subscribe now’ box repeatedly opening on an unrelated webpage during various access steps. Example: ‘No thanks, I hate saving money’ 5. This violates copyright laws and may lead to legal actions for copyright infringement.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

SpicyIP

APRIL 17, 2023

To Be or Not To Be (Design): Calcutta HC Sways Against Trend of Denying Design Registrations Over GUIs Image from here Can a GUI be regarded as a Design? The plaintiff further argued that the defendants’ websites are using “pirate branding” to indicate that they are mere new iterations of previously blocked sites.

Advertising 105

Advertising Advertising Confidentiality Trademark 105

The IP Law Blog

MARCH 5, 2021

Put in common parlance, if the general public primarily understands the word to designate the product rather than the producer , the word is generic. There is a two-part test used to determine whether a designation is generic: (1) What is the class of goods or services at issue? This is commonly referred to as Genericide.

Trademark 85

Trademark Branding Brands Branding 85

IP and Legal Filings

OCTOBER 30, 2023

Barbie, a name synonymous with an unattainable standard of femininity and the concept of commercial feminism, was designed to captivate the toy market with all its glittery pink magnificence. ” In other words, it needs to be a colour that distinguishes and defines a certain brand, thereby revealing the brand’s identity.

Trademark 85

Trademark Branding Brands Branding 85

The IPKat

MARCH 27, 2022

One of these brands that has popped up on the AmeriKat's Instagram are riding boots from Fairfox & Favor. A very popular design of one of these boots is based on a traditional Spanish riding boot - the Regina boot or Heeled Regina - which looks like the below (and for a closer look click here ).

Designs 52

Designs Design Copying Art 52

The IPKat

NOVEMBER 22, 2022

On the occasion of the opening of a new store in NY, the well-known clothing brand created a collection of NFTs based on digital copies of works of famous artists such as Miró, Tàpies and Barceló, incorporating various outfits of the collection available at the store, to be displayed in the Decentraland Metaverse, at the coordinates 16.78

Artistic Work 144

Artistic Work Artwork Public Domain Intellectual Property 144

Kluwer Copyright Blog

OCTOBER 30, 2023

Lidl is described in the judgment as a “discounter” supermarket: it focuses on own-branded products and a “more curated selection of goods thus enabling greater control over price” (Paragraph [51]). Another example of a “discounter” supermarket is Aldi.

Copyright 60

Copyright Copying Branding Brands 60

Garrigues Blog

NOVEMBER 30, 2023

These requirements are cumulative, so the proprietor must prove for each one: That it refers to the territory in which the trademark has been registered. If it is a national mark, the proof must refer to the country in question. It must be evidenced that the mark has been used as such, that is, to designate the goods or services.

Trademark 52

Trademark Advertising Advertising Marketing 52

The IPKat

AUGUST 25, 2023

Only a few days ago, news was shared online that energy drink brand Alani Nutrition sued Rise UP and an influencer for copyright infringement and false advertising due to the allegedly unauthorised reproduction of one of its advertising campaigns. Its right pocket has a small star-shaped embroidery with the brand's logo.

Copyright Infringement 52

Copyright Infringement False Advertising Branding Brands 52

Kashishipr

MAY 4, 2022

Additionally, they help the customers distinguish between brands and understand the quality of the products they buy. Trademarks also carry all the image and reputation a brand builds over the years. It has already knocked out some widely recognized brands in the past, including Cellophane, Asprin, and Escalator.

Social Media 105

Social Media Trademark Cease and Desist Registering Trademarks 105

azrights

MARCH 18, 2022

When I was a teenager lawyers were not allowed to advertise, and de-regulation of the industry hadn’t even begun. As someone who has spent the last 10 years developing multidisciplinary skills through wider reading on business and brand. Brand Tuned Accreditation.

Branding 52

Branding Brands Branding Intellectual Property 52

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. A trademark refers to any mark capable of being represented graphically, identifying the products or services of one and distinguishing them from those of others in the market.

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

NOVEMBER 27, 2022

Trademark refers to the cumulation of distinctive sign/symbol, design, or combination which is exclusively associated with the products or services helping the targeted customers identify the same easily. Image Source: iStock]. But then why are colour marks controversial?

Trademark 52

Trademark Branding Brands Branding 52

43(B)log

JANUARY 11, 2023

9, 2023) Simpson sued MiTek for Lanham Act and state law false advertising/passing off, and for copyright infringement. Each product name has a “part name” (a letter or combination of letters designating the product line) and a “model number” (additional numbers and letters that distinguish parts with different attributes).

False Advertising 59

False Advertising Advertising Advertising Reporting 59

The IPKat

JANUARY 7, 2024

Game of triangles: A Prada Triangle bag, with the Triangle pattern, and Prada's triangular logo When you think of Prada (at least from a trade mark perspective), what Prada itself refers to as its “iconic Triangle” cannot but come to mind. An appeal appeared unavoidable.

Branding 89

Branding Brands Branding Registration 89

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. Acquiring Secondary Meaning.

Trademark 105

Trademark Registration Branding Brands 105

LexBlog IP

FEBRUARY 26, 2023

“ ChatGPT replied: The use of trademarks can be traced back to ancient times, when craftsmen and traders marked their goods with unique symbols or designs to identify their origin or quality. The red triangle was chosen because it was easily recognizable and stood out on advertising materials.

Trademark 52

Trademark Designs Design Journalism 52

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.

Trademark 52

Trademark Designs Design Marketing 52

Technology & Marketing Law Blog

JULY 5, 2021

The Counterclaim alleges that Kid Car purchased “KIDMOTO” as keyword on Google and that by using ‘kid car’ in the resulting advertisement there is a likelihood of consumer confusion.” Pattern Brands, Inc., ” * RVC Floor Decor, Ltd. Floor and Decor Outlets of America, Inc., 2021 WL 1163117 (E.D.N.Y.

IP 85

IP Social Media Fair Use Branding 85

The IPKat

JANUARY 14, 2022

First instance [Case reference: Civil Judgment No. Second instance [Case reference: Civil Judgment No. SLC also referred to another ruling in April 2020 issued by the Higher People’s Court of Beijing (case reference: Administrative Judgment No.

Law 142

Law Branding Brands Branding 142

Technology & Marketing Law Blog

MARCH 5, 2024

The plaintiff claims that Pixels’ users upload infringing images and refer to them by the trademark DeYoung. On the other end are brick and mortar stores that sell trademark-infringing items directly to consumers, regardless of whether the stores design or manufacture those items. Trademark Infringement. Cite to Ohio State v.

Artwork 98

Artwork Trademark Publishing Marketing 98

IIPRD

NOVEMBER 22, 2023

They by using social sites such as Instagram, Facebook, YouTube, Twitter, Snapchat , and many other,create ad revenue, brand endorsement prospects, as well as other income sources. Content creators should first procure explicit authorization from any company whose brand name, emblem, or merchandise appear in a post, webpage or clip.

Social Media 59

Social Media IP Intellectual Property Copying 59