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. Understanding the Secondary Meaning of Trademark.

Trademark 52

Trademark Designs Design Marketing 52

Technology & Marketing Law Blog

AUGUST 17, 2021

It bids on the Adler trademarks for “click-to-call” keyword ads. The ads “are designed to display generic terms that consumers might associate with any personal injury firm.” ” Adler sued for trademark and related claims. More Posts About Keyword Advertising. Distraction is insufficient.

Advertising 105

Advertising Advertising Trademark Settlement 105

IP and Legal Filings

JANUARY 31, 2023

The Covid-19 pandemic and lockdowns had a detrimental influence on fashion companies, which further motivated them to grow their business on the Metaverse. It provides an unmatched degree of design and layout possibilities. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size.

Law 82

Law Branding Brands Branding 82

Technology & Marketing Law Blog

MARCH 13, 2022

Amazon case is “directly on point and forecloses Plaintiff’s ability to bring this claim as a matter of law.” ” The false designation of origin claim is similarly governed by the Ninth Circuit’s Lasoff v. More Posts About Keyword Advertising. Amazon ruling. 1-800 Contacts v. Greenberg v.

Trademark 79

Trademark Advertising Advertising Settlement 79

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. by guest blogger Lisa P. Ramsey [Lisa P. A consumer survey is not required.

Blogging 102

Blogging Trademark Fair Use Trademark Law 102

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. Is the Trademark Act applicable to QR Codes?

Trademark 98

Trademark Intellectual Property Registering Trademarks Branding 98

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. While certain attributes of the accounts made it unclear as to whether they were personal or business-focused accounts, the evidence was clear that the accounts were used extensively by JLM or by Ms. We blogged this case twice before.

Social Media 98

Social Media Ownership Branding Brands 98

Velocity of Content

JULY 26, 2022

In contrast, trademarks in the United States —in some instances referred to as service marks or trade names—are created by use by a person “in commerce”; technically, no government approval is required. As well as the many other trademarks that each of them uses). See also: RC Cola, Polar Cola, Jolt!—and and so on. )

Trademark 98

Trademark Government Copyright Service Mark 98

43(B)log

JANUARY 27, 2023

Defendant does business as Spiralverse; it bought lawfully made Steeplechase books and rebound them with spiral binding. (It False advertising: Spiralverse allegedly falsely advertised its version of the Piano Book on Amazon as “new,” despite the rebinding, residue, and front labels. Was this literally false?

Derivative Work 75

Derivative Work False Advertising Advertising Advertising 75

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.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

The TTABlog

JULY 2, 2021

Failure to Prove "Standing" and Priority Dooms Section 2(d) Cancellation of CHUBB TRAVEL SMART Registration for Mobile Apps Catch-all Thirteenth DuPont Factor Saves HANA BANCORP & Design from Section 2(d) Refusal Precedential No. TTABlog Test: Are These Two "Bull" Designs Confusingly Similar For Auto Parts? Guess What?

Registration 52

Registration Designs Design Trademark 52

Garrigues Blog

NOVEMBER 15, 2021

Often, during scrutiny and examination of an intellectual property portfolio, trade names will be found among the trademarks. It is not uncommon when reviewing a client’s intellectual property portfolio to find distinctive signs which in Spain are protected by trade names rather than trademarks. In particular, article 7.1

Trademark 52

Trademark Intellectual Property Trademark Law Registration 52

IP and Legal Filings

JULY 5, 2023

Introduction Trademarks are recognised phrases, words, or symbols that designate a certain item and lawfully distinguish it from all other items of the same type. A trademark is a valuable intellectual property that businesses use to differentiate their brand from their competitors’ in the market.

Trademark 59

Trademark Registration Branding Brands 59

Intepat

DECEMBER 6, 2022

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. There have been various landmark judgements which have not only highlighted cardinal principles of trademark law but have also given a nuanced understanding of how Courts interpret statutory trademark provisions.

Trademark 98

Trademark Trademark Law Registering Trademarks Law 98

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. Instead of protecting consumers, this bill gives trademark owners absolute control over online marketplaces by overturning Tiffany v.

Trademark 136

Trademark False Advertising Advertising Advertising 136

Selvam & Selvam Blog

MARCH 28, 2022

The trademark law firmly establishes that a trademark owner reserves the exclusive right to use the trademark and enforce the same. Through this, the former aims to monopolize the market and kick out any remotely similar business operating under the mark.

Cease and Desist 40

Cease and Desist Trademark Due Diligence Intellectual Property 40

SpicyIP

FEBRUARY 13, 2023

After another busy week here at SpicyIP, here are the quick summaries of the 5 blogposts that were put up, along with 15 case summaries and other national and international IP developments for you. Can “honest concurrent use” be used as a defense against a trademark infringement claim? Important IP cases that we’re missing out on?

Designs 52

Designs Design Trademark Cease and Desist 52

LexBlog IP

APRIL 19, 2023

There are two types of patents that Amazon sellers should be familiar with, utility patents and design patents. Utility patents protect functional aspects of a product, and design patents protect the appearance of a product. The purpose of a trademark is to prevent consumer confusion about the source of the corresponding product.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

IP Tech Blog

AUGUST 17, 2022

57 of the Chinese Trademark law. The article provides as follows: “ Any of the following acts shall be deemed as infringement of exclusive rights to use registered trademarks: . (1) 7) causing harm to other’s exclusive rights to use registered trademarks.”. 57 of the Trademark Law. The MSA Decision.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

SpicyIP

MAY 18, 2022

The Indian Trade Marks Registry is also seeing activity under classes 9, 35 and 41 for registration of trademarks in relation to ‘downloadable virtual goods’ and online virtual services. Some examples under class 9 include: S.No. Application date. Description (shortened). Feb 25, 2022.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

Technology & Marketing Law Blog

OCTOBER 19, 2021

Nor could Google place ads in Plaintiffs’ marketing brochures or superimpose ads on top of Plaintiffs’ print advertisements without Plaintiffs’ permission and without paying Plaintiffs’ price. A boundary-less commercial trespass doctrine creates plenty of problematic edge cases: By design, ad blockers block portions of how websites display.

Licensing 88

Licensing Copyright Contracts Advertising 88

LexBlog IP

JULY 8, 2021

However, this is a particularly useful benefit for a person or business that needs protection as soon as possible. For sophisticated businesses with large marketing budgets and new products, it is strategically wise to file an Intent-to-Use trademark application. Related : How Long Does It Take to Get a Trademark?

Trademark 52

Trademark Registration Web Development Advertising 52

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may. What is Trademark Dilution?

Trademark 72

Trademark Registering Trademarks Trademark Law Branding 72

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. To sell the product, using the brand name makes it a trademark. ’ Common or generic terms are usually not protected under trademark law.

Trademark 105

Trademark Registration Branding Brands 105

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Or, at the most, confuse Defendant’s app with Plaintiffs’ This situation is different from the websites in Network Automation and Playboy, which were clearly distinguished with ad designations. More Posts About Keyword Advertising. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….

Advertising 98

Advertising Advertising Trademark Settlement 98

The IP Law Blog

JANUARY 12, 2023

Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress. . If a company conducts business internationally, it may have to adhere to the privacy laws of foreign countries.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

JULY 17, 2023

the Supreme Court held that the Lanham Act does not reach trademark infringement that occurs outside of the United States (US). In addition, the opinion has important ramifications for domestic trademark law through its identification of “use in commerce” as the actionable domestic conduct. Hetronic International Inc. ,

Trademark 69

Trademark Blogging Litigation Law 69

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

ccBill held that “intellectual property” meant only “federal intellectual property” because otherwise this exception would expose Internet services to heterogeneous state laws that they couldn’t manage. In 2007, the Ninth Circuit in Perfect 10 v. I even agree with the latter point!)

Intellectual Property 132

Intellectual Property Trademark Marketing Marketing 132

IP and Legal Filings

FEBRUARY 20, 2024

” Dark patterns are deceptive tactics or design patterns that impair people’s autonomy, decision-making, or choice to force them to do something. Consumer rights abuses, deceptive advertising, and unfair commercial practices are examples. Shakespeare’s utopian visionary quote “what’s kept in a name”?

Personality Rights 61

Personality Rights Privacy Social Media Intellectual Property 61

IP and Legal Filings

FEBRUARY 7, 2023

In an effort to connect with a younger, tech-savvy consumer base, more and more firms are deciding to debut their products and advertise them electronically through the Metaverse. By deterring rip offs, trademarks safeguard a company’s identity and the repute of its brand(s), especially in the Metaverse.

Trademark 80

Trademark Non-Fungible Tokens Branding Brands 80

SpicyIP

JANUARY 2, 2022

Google argued that even when the keyword is a trademark, it is never used in a ‘trademark sense’, thereby the invisible use of trademarks, as keyword, failing to meet the threshold to constitute infringement. Merck Sharp and Dohme v. SMS Pharmaceuticals [Delhi High Court]. Novex Communications Pvt Ltd v.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

JUNE 21, 2023

§ 1052(c) on registering marks concerning a living person without permission; this case has the possibility of altering trademark law significantly and allowing current events to be treated similarly to historic events from a trademark perspective. Japanese Trademark Law, Article 4(1)(viii). ” Id. (at

Registration 52

Registration Trademark Trademark Law Law 52

LexBlog IP

JANUARY 22, 2022

Kayode & Co, a boutique IP law firm with offices in Lagos and Abuja, Nigeria. Lara is a leader in Africa trademark law, and represents the interests of numerous international companies in counterfeit enforcement and brand protection matters. Why should international companies seek to register their trademarks in Nigeria?

Trademark 52

Trademark Registration Branding Brands 52

LexBlog IP

JANUARY 22, 2022

Kayode & Co, a boutique IP law firm with offices in Lagos and Abuja, Nigeria. Lara is a leader in Africa trademark law, and represents the interests of numerous international companies in counterfeit enforcement and brand protection matters. Why should international companies seek to register their trademarks in Nigeria?

Trademark 52

Trademark Registration Branding Brands 52

LexBlog IP

JULY 21, 2021

Before jumping into comparative law issues, one should note that these questions are ones of concern beyond lawyers, and have much greater practical importance than “ How many angels can dance on the head of a pin ?” include[es] the contribution of businesses with religious roots. society at over $1 trillion annually.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

LexBlog IP

FEBRUARY 1, 2023

In further defense of my conclusions, however , Independent Business v. Again, what follows is from my head and hand because my request to ChatGPT to summarize holding and analysis of Rogers got the e-equivalent of a sheepish attempt to “pass” on the question from the visiting law prof ). ” Id. In VIP Products v.

Trademark 52

Trademark Intellectual Property Branding Brands 52