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.

Trademark 130

Trademark Registering Trademarks Branding Brands 130

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.

Advertising 74

Advertising Advertising Marketing Marketing 74

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%.

Trademark Law 75

Trademark Law Trademark Law Advertising 75

LexBlog IP

AUGUST 16, 2023

Essential Benefits of Trademark Registration – Part 7 This is the seventh in a series of posts about the benefits of having your trademark registered. In the world of business, where brands are not merely labels but stories that resonate with consumers, effective brand building is a strategic imperative.

Branding 40

Branding Brands Branding Registration 40

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

Advertising 52

Advertising Advertising Branding Brands 52

LexBlog IP

AUGUST 16, 2023

Essential Benefits of Trademark Registration – Part 3 This is the third in a series of posts about the benefits of having your trademark registered. In a marketplace teeming with similar offerings, where countless brands vie for attention, the risk of brand confusion is a looming threat.

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Registration Branding Brands Branding 40

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

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 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

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

Biswajit Sarkar Copyright Blog

AUGUST 9, 2022

The growth of internet and internet related facilities have made brands shift a major part of their business online, some generating the entirety of their income through online sales. In this blog, we will see brands and trademarks on the internet and how to protect them from infringement. Domain names and trademarks.

Branding 52

Branding Brands Branding Social Media 52

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

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.

Branding 40

Branding Brands Branding Registration 40

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

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 128

IP and Legal Filings

AUGUST 28, 2023

The Reason Behind This Evolutionary Development Brand and companies have made it a trend to evolve from time to time creating variants over their original/ main or core mark. It strengthens brand awareness, builds a better rapport, and a more intimate Business-to-consumer relation which builds trust and faith in their product.

Branding 86

Branding Brands Branding Trademark 86

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 118

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Defining Trademark A “trademark” is a mark which is used for a commercial purpose. It is also called a brand name because it contains names, symbols, logos, and taglines that help to identify and differentiate a company’s goods and services from those of others. How do trademarks function?

Business 52

Business Trademark Registration Cease and Desist 52

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 77

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

Branding 52

Branding Brands Branding Intellectual Property 52

Erik K Pelton

NOVEMBER 3, 2020

The following is an excerpt from my book, Building a Bold Brand. I am particularly sensitive to the trademark challenges that small businesses face for several reasons. Pelton & Associates, to advise and counsel others about trademark protection. a great trademark: Marketing department. Television advertising.

Business 130

Business Trademark Cease and Desist Branding 130

Kashishipr

NOVEMBER 3, 2021

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. What is Genericide of a Trademark? Genericide of a trademark occurs when it is reduced to a common term identifying a category of products.

Trademark 105

Trademark Branding Brands Branding 105

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. The product was trademark-protected.

Intellectual Property 52

Intellectual Property Advertising Advertising Branding 52

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 99

azrights

OCTOBER 20, 2023

Apple and MacDonalds are household brands that have lost their EU trademarks in recent years, meaning that third parties may now freely use ‘Think Different’ and Big Mac in the EU. When that happens, the other party who wants to use the marks will be able to apply to have the trademark registrations cancelled.

Branding 52

Branding Brands Branding Marketing 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

The IPKat

APRIL 23, 2022

Here's what Anna Maria and Lorenzo write: Parasitic advertising on UEFA Euro 2020: Italian Competition Authority imposes first sanction for ambush marketing by Anna Maria Stein and Lorenzo Maniaci Ambush Kat By its decision No. 16 of 11 March 2020 ('Law-Decree No. 16/2020'), converted with amendments, by Law No. 31 of 8 May 2020 ('Law No.

Advertising 98

Advertising Advertising Marketing Marketing 98

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.

Advertising 40

Advertising Advertising Branding Brands 40

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 89

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.

Trademark 87

Trademark Branding Brands Branding 87

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

Erik K Pelton

DECEMBER 20, 2022

The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.

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Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

TorrentFreak

FEBRUARY 16, 2024

Somewhat unusually, however, federal trademark infringement and cybersquatting allegations also played a key role, alongside other claims including unfair competition. Allegations of copyright infringement also featured in a complaint filed at an Arizona court in 2023, which hoped to quickly shut down a popular pirate site.

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Copyright Trademark Copyright Infringement Registration 109

Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Trademark and Halloween Costumes. The other major part of the question is trademark. Trademark infringement, however, isn’t like copyright. Copyright and Halloween Costumes.

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Copyright Trademark Cease and Desist Copying 233

IP and Legal Filings

APRIL 12, 2023

I ntroduction Hermes International recently filed a lawsuit against Crimzon Fashion Accessories Private Limited, alleging Trademark Infringement. The act defines a well-known trademark in Section 2(z)(g). For example, if someone mentions the well-known trademark Bisleri , one immediately thinks of bottled mineral water.

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Trademark Branding Brands Branding 90

Technology & Marketing Law Blog

MARCH 6, 2023

Leonel Lops claims a trademark in the term “Confidence Empire” for shoes. He alleges that YouTube sold items under the “Confidence Empire” brand and published videos from a dance troupe named Confidence Empire (maybe this one ?). The post YouTube Defeats Trademark Lawsuit–Lops v. eBay and Sellify v.

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Trademark False Advertising Advertising Advertising 90

Intepat

APRIL 10, 2022

Additionally, trademark registrations for MSMEs are relatively cost-effective. Overall, the MSME scheme fosters the growth and development of these enterprises and assists them to flourish among existing top brands. Trademarks help your business to stand out from the crowd where there are so many look-alike products.

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