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. The district court dismissed Adler’s complaint. OK, I guess.

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Advertising Advertising Trademark Settlement 105

IPilogue

MARCH 6, 2023

Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On December 26, 2022, the Japanese IP High Court dismissed an appeal from Christian Louboutin (“Louboutin”), a shoe designer known for its iconic red-bottom heels, in its action against Japanese shoe designer, Eizo Collection Co.,

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IP Branding Brands Branding 59

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.

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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.

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Trademark Advertising Advertising Settlement 79

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. First, design elements that are “physically or conceptually separate” from the article can be protected. Copyright and Halloween Costumes. However, there are two key exceptions to this.

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Copyright Trademark Cease and Desist Copying 245

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.

Blogging 101

Blogging Trademark Fair Use Trademark Law 101

Kashishipr

AUGUST 24, 2022

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. Hotels and restaurants must get their brand names and logos registered as trademarks for the ease of operating a business in India.

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Trademark Branding Brands Branding 52

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” This is a case focusing on ownership of social media accounts. The court also found “Ms.

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Social Media Ownership Branding Brands 97

IP and Legal Filings

AUGUST 29, 2023

Can their names be officially protected under trademark laws?At At first, it might seem a little confusing as Trademarks are like- ‘special signs’ that help us know where products or services come from. showed that the term had acquired distinctiveness through its consistent use in the market for shaving products.

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Trademark Trademark Law Law Advertising 88

IP and Legal Filings

JANUARY 31, 2023

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. The players can collect up to 30 NFTs in the game, 10 of which are designed by the artist Beeple [i].

Law 85

Law Branding Brands Branding 85

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Need for Protection of Personal Name Harnessing a renowned person’s name in marketing not only seizes the public’s attention but also kindles curiosity, generating interest in the associated products and services. However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern.

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Intellectual Property Registration Trademark Personality Rights 76

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. Sellers need to be aware of competitor patents before introducing a product to the market.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

IP Tech Blog

AUGUST 17, 2022

The case was adjudicated in 2022 by the Weihai Market Supervision and Administration Bureau of Shandong Province in favor of Tsingtao Brewery and has been selected as a model trademark enforcement case by the State Administration for Market Regulation. Is this however a case of trademark infringement? Tsingtao’s choice.

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Trademark Registering Trademarks Art Cease and Desist 104

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.

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Trademark False Advertising Advertising Advertising 135

The TTABlog

AUGUST 30, 2023

If that were the case, having a famous mark would entitle the owner to a right in gross, and that is against the principles of trademark law." That both parties market and sell their products through the Internet is unpersuasive. Nor did opposer prove an overlap in trade channels. Read comments and post your comment here.

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Designs Design Branding Brands 57

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.

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Trademark Registration Branding Brands 59

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.

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Cease and Desist Trademark Due Diligence Intellectual Property 40

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. Tam and Brunetti, striking down various bars on registration. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

The TTABlog

APRIL 17, 2024

Citing Wal-Mart , the court observed that trademark law does not protect "product designs that lack distinctive meaning as a source identifier." That same principle applies to trademark registration. Furthermore, the survey questions "nudged" the recipients to name only a single company associated with the boot.

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Designs Design Advertising Advertising 62

TorrentFreak

APRIL 19, 2022

In at least one case, there are breaches of trademark law too. From a basic web browser to dedicated media players such as VLC, many tools will do the job, but when users want to access IPTV streams (Internet Protocol Television), they often turn to tools designed for that specific purpose.

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Reporting Television Trademark Law Advertising 108

SpicyIP

FEBRUARY 13, 2023

Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision. Delhi High Court directs Registry to advertise KFC’s ‘Chicken Zinger’ trademark.

Designs 52

Designs Design Trademark Cease and Desist 52

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. with tags like ‘official’) of their trademarks on virtual goods, broader protection may be accorded. Application date.

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Non-Fungible Tokens Trademark Artwork Art 122

LexBlog IP

SEPTEMBER 15, 2021

The Court of Appeals affirmed the previous decision of the district court which found that Australian Leather had wilfully infringed Deckers’ “UGG” trademarks by selling less than 15 pairs of UGG branded boots in the U.S.,

Trademark 52

Trademark Registration Branding Brands 52

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. Plus, let’s not lose sight of the users’ agency–they are the ones responding to the marketing signals. First Amendment.

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Licensing Copyright Contracts Advertising 87

Copyright Lately

MAY 1, 2023

Within just over a month, a raft of barely-underground Discord servers like AI Hub have popped up to provide users with access to software—and step-by-step instructions—for creating new songs using hundreds of community-made AI models designed to mimic specific artists’ voices.

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Music Copyright Copying Copyright Law 87

LexBlog IP

MARCH 28, 2023

Now, as a practical matter, parodies won’t confuse when differences in marks, markets, or message, typically ridicule, signal that the brand company didn’t make the joke. Jack Daniel’s advertised in its self-serious way that Jack is everyone’s friend, and Bad Spaniels is a parody playful in comparing Jack to man’s other best friend.

Branding 52

Branding Brands Branding Trademark 52

LexBlog IP

JULY 8, 2021

For sophisticated businesses with large marketing budgets and new products, it is strategically wise to file an Intent-to-Use trademark application. The reason for this stems from the fact that few, if any sophisticated business will wait until product launch to risk jeopardizing the loss of trademark rights. Zazu Designs v.

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Trademark Registration Web Development Advertising 52

LexBlog IP

MARCH 28, 2023

Now, as a practical matter, parodies won’t confuse when differences in marks, markets, or message, typically ridicule, signal that the brand company didn’t make the joke. It has no sound basis in trademark law or, indeed, in the First Amendment. [I]f ” She continued: “Parodies can be confusing.

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Branding Brands Branding Trademark 52

Intepat

DECEMBER 4, 2023

This indicates a vast consumer base and a thriving market for goods and services in India, providing ample opportunities for manufacturers and producers to introduce their products. In recent years, this economic potential has attracted global brands to expand into the Indian market.

Trademark 52

Trademark Branding Brands Branding 52

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Marketing channels. 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. The search results here do not have those same disclaimers.

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Advertising Advertising Trademark Settlement 98

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.

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Trademark Registration Branding Brands 105

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!)

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Intellectual Property Trademark Marketing Marketing 132

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. If a company conducts business internationally, it may have to adhere to the privacy laws of foreign countries. After looking at all known IP assets, look into what may be unknown.

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IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

JULY 17, 2023

In addition, the opinion has important ramifications for domestic trademark law through its identification of “use in commerce” as the actionable domestic conduct. Now in trademark law, extraterritorial reach is a simple on-off switch: Is there use in commerce or not? In Jack Daniel’s Properties, Inc.

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Trademark Blogging Litigation Law 68

The IP Law Blog

SEPTEMBER 22, 2022

It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category. In March 2019, P&P sued Johnson Enterprises for trade dress infringement under section 43(a) of the Lanham Act and unfair competition under California law.

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Copying Marketing Marketing Advertising 98

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. The platform integrates platforms, digital accelerators, domain and design skills, and solid partnerships in a “rich creator-partner economy.”

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Trademark Non-Fungible Tokens Branding Brands 84

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.

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IP Copyright Trademark Intellectual Property 124