SpicyIP

AUGUST 8, 2023

The plaintiff’s case was a standard trademark infringement and passing off plea, founded upon its extensive advertisements, market share, goodwill and reputation and the defendant using a similar website and the word ‘MODERN’ in its marks.

Trademark 98

Trademark Registration Advertising Advertising 98

The IPKat

MARCH 28, 2022

While temperatures are still struggling to raise above 15°C, check the latest IP events to warm up! Events IFIM, "Shaping the Digital Services Act: What impact on intellectual property?", Our PermaKat Eleonora Rosati is IFIM's Director and will also chair one of the panels of the event. Registration is open and can be made here.

Intellectual Property 67

Intellectual Property Registration IP Intellectual Property Law 67

LexBlog IP

DECEMBER 7, 2022

But, we warned, dark patterns had the potential to dramatically reshape how we look at marketing and blur if not obliterate the lines between clever marketing and unlawful marketing. And it may be time to pay closer attention to some of the things your marketing department is doing.

Web Design 52

Web Design Marketing Marketing Registration 52

LexBlog IP

FEBRUARY 26, 2024

But if you have not taken that route for one reason or another and you encounter highly similar products on the market, there are other ways to protect your products through IP. It is essential for the commercial team to join forces with the marketing department to consider launching some smart advertising campaigns.

IP 52

IP Designs Design Copying 52

The TTABlog

JULY 24, 2023

Because the involved goods are in-part identical and there are no restrictions in the opposed applications or pleaded registrations, the Board must presume that these goods travel in the same trade channels to the same classes of consumers. July 14, 2023 [not precedential] (Opinion by Judge Thomas W. Wellington).

Registration 52

Registration Designs Design Advertising 52

BYU Copyright Blog

JULY 25, 2023

He argues that the Academy derived financial benefits from the use of his photographs on their website, attributing the increased website traffic to the images, resulting in higher advertisement revenues for the institution. response to the unauthorized use of his photographs, Messerschmidt acted promptly to secure his rights.

Intellectual Property 52

Intellectual Property Ownership Copyright Copyright Infringement 52

Kashishipr

SEPTEMBER 22, 2021

Licensing your trademark can be a beneficial business strategy that can not only strengthen the brand but also allow for expansion into new markets. A trademark owner may accept a lump-sum payment for a one-time license, for instance, the use of the image on 100,000 T-shirts at a sporting event. Advantages of Trademark Licensing.

Licensing 105

Licensing Trademark Branding Brands 105

LexBlog IP

NOVEMBER 10, 2022

The Court then reasons that the fact that the Juventus former player had granted the creator of the NFTs the right to use his image did not exclude the need to seek authorization for the use of the trademarks that are displayed in that image, since the goods produced (the NFTs) are intended for sale on the market. The enforcement dilemma.

Non-Fungible Tokens 52

Non-Fungible Tokens Trademark Marketing Marketing 52

SpicyIP

MARCH 11, 2024

While allowing the event’s continuation, the Court directed the defendants to use “FEF” as a prefix and display a disclaimer to avoid association with FDCI’s event. The Court considered the advanced event preparations but mandates compliance with the modifications.

Trademark 59

Trademark Registration Copyright Patent 59

LexBlog IP

AUGUST 31, 2023

Thaler was unsuccessful with obtaining a copyright registration for the AI-generated artwork. The legal framework is continually evolving and there are many issues that content creators, artists, and marketing companies need to be cognizant of as the legal framework develops. ” Thereafter, Thaler filed a complaint in the D.C.

Artwork 52

Artwork Copyright Editing Ownership 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. If not for these efforts, the virtual goods market has the potential to be very competitive. Some examples under class 9 include: S.No.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces. ” I mean, pretty much every physical product meets this definition, right? .”

Trademark 139

Trademark False Advertising Advertising Advertising 139

IIPRD

NOVEMBER 22, 2023

Influencing others via social media is one of the most influential and efficient method of marketing and they get good pay out from it. Ensuring Compliances of IP laws Trademarks and logos: On media platforms, names and emblems are commonly used to advertise companies and services, both visually and orally.

Social Media 59

Social Media IP Intellectual Property Copying 59

IP and Legal Filings

FEBRUARY 4, 2022

For almost a century, the Plaintiffs have been making and marketing Unani and Ayurvedic medicines, oils, syrups, and non-alcoholic beverages, among other things. ’ Plaintiffs claim that their original registration of their ‘RoohAfza’ was obtained in 1942 under Class 5 and that the registration is still valid today.

Registration 64

Registration Trademark Trademark Law Marketing 64

IP and Legal Filings

JANUARY 19, 2023

Introduction Prior to 2017, China was the largest cryptocurrency market in the world, with 80% of Bitcoin transactions, the most popular digital currency, taking place in yuan 1. Events involving cryptocurrencies or initial coin offerings (ICO) have been discouraged, and domestic cryptocurrency platforms and ICOs have been outlawed.

Government 71

Government Marketing Marketing Business 71

IP and Legal Filings

JANUARY 5, 2023

1] This empowers an enterprise to market its product effectively and allows consumers to differentiate between products of identical natures or classes. The plaintiff has made various efforts to make their trademark famous like advertising and has hosted various sports and cultural events including international cricket matches.

Trademark 84

Trademark Branding Brands Branding 84

The IPKat

APRIL 26, 2023

A prior design is disclosed where it has been published following registration or otherwise, or exhibited, used in trade, or otherwise disclosed, except where these events could not reasonably have become known in the normal course of business to the circles specialised in the sector concerned, operating within the EU ( Art.

Designs 76

Designs Design Art Intellectual Property 76

The IPKat

NOVEMBER 12, 2021

Harrogate Distillery Ltd T/A Whittaker’s Gin owns a UK registration for the mark below (the “Hare Logo”), covering, among other things, “gin” in Class 33. The state of the register alone is not sufficient evidence – it all comes down to use in the market. The application was published for opposition on 27th March 2020.

Branding 112

Branding Brands Branding Public Domain 112

The IPKat

JANUARY 6, 2022

In my view the judgment is controversial and arguably misses the bigger picture, including the cumulative impact of more and more broadly drafted registrations on the practice of trade marks. The same could also apply to a company registration. SkyKick has said it would appeal – again – this time to the UK Supreme Court.

Registration 96

Registration Cease and Desist Branding Brands 96

IP and Legal Filings

OCTOBER 20, 2022

Further, the section also provides that in case a pre-packaged commodity is advertised, then such advertisements shall also declare the net quantity or number of the commodities contained in the package along with the retail price. [1]. After this date, the product should not be marketed/ sold. [12]. Image source:Gettyimage].

Advertising 71

Advertising Advertising Due Diligence Government 71

Garrigues Blog

SEPTEMBER 14, 2022

The Royal Warrant, which, as we said, allows holders to display the Royal Arms of the United Kingdom on their products, marketing communications, in their premises and on commercial vehicles, automatically lends prestige to a brand and most assuredly boosts the sales of those companies known as “official suppliers” of the British Crown.

Intellectual Property 52

Intellectual Property Branding Brands Branding 52

SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients. Well, this wraps up our Octobers’ sift.

Trademark 59

Trademark Publishing Journalism Copyright 59

43(B)log

FEBRUARY 18, 2022

Traditional advertising can change firsthand consumer impressions, both pre and post experience—telling consumers coffee isn’t bitter makes their impressions of bitterness change, etc. Vagisil: opposed registration for vagi-formative mark for product for vaginal use. Firms don’t just sit back and let consumers form reputations.

Copyright 69

Copyright Business Branding Brands 69

The IPKat

OCTOBER 16, 2023

In the course of this event, Elon Musk briefly announced Tesla’s intention to sell ‘Gigabier’ by saying “and we’re even gonna have a beer”. One day after this event, on 10 October 2021, Juicyphant GmbH (‘Juicyphant’) filed for registration of EU trade mark no. Recently, the EUIPO rejected the opposition.

Art 78

Art Registration Social Media Publishing 78

The IPKat

JUNE 23, 2022

In most trade mark cases waiting a little longer to see the Defendant off the market would not, in my view, cause the Claimant a huge additional loss. It was clear that he had a poor recollection of the events that formed the background to these proceedings. The judge was very much in the former camp.

Branding 73

Branding Brands Branding Litigation 73

43(B)log

DECEMBER 1, 2022

“The Lounge has been in operation since 1964 and has gained regional fame by hosting many entertainment and athletic events.” Viacom also engaged a market research company to learn more about “southern beach culture,” which suggested that the term Flora-bama was “either unknown or though [sic] to refer strictly to the bar.”

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

The IPKat

SEPTEMBER 4, 2022

With a new month comes a new post with the best and latest IP events and opportunities. Events IP Lawyers Tool - 1st World Robot Patent Drafting Symposium - 23 and 24 September 2022 - Cannes, France IP Lawyers Tool will hold the 1st World Robot Patent Drafting Symposium on 23 and 24 September 2022 from 1:00pm to 8:00pm (CEST).

Intellectual Property 85

Intellectual Property Registration IP Patent Drafting 85

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Trademarks perform the following functions- Trademark or logo helps identify the goods and services easily: A trademark serves as a means of identification for a certain brand, corporation, or other entity, allowing it to be clearly distinguished from the other brands on the market. It takes years for them to get registration.

Business 52

Business Trademark Registration Cease and Desist 52

The IPKat

SEPTEMBER 22, 2022

According to the Court, the advertising and promotional activities for the marks relating to hotel and ancillary services constitute acts of use of an EU trade mark. For the most part, when looking for a hotel room, Merpel does not look for "standard" services. The EU trade mark was registered in 2011.

Advertising 52

Advertising Advertising Intellectual Property Marketing 52

43(B)log

JANUARY 19, 2024

It has a registration for its logo, comprising stylized wording and a graphic of roads. Note that the current website seems to have removed “resources” from the logo, which I expect is a big enough change that a new registration ought to be required.) There was only a “minor overlap” in services.

Advertising 59

Advertising Advertising Branding Brands 59

IIPRD

FEBRUARY 23, 2021

The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. The National IPR Policy of 2016 has resulted in increasing IP registration since its inception. The pendency in IP registration applications have also decreased. Objective 5.11.1

IP 40

IP Intellectual Property Branding Brands 40

The IPKat

NOVEMBER 20, 2022

December is just around the corner - and with it a few reminders, opportunities, and events for you to check out! This event is a must for all those working in the field of trade marks - practitioners, students, and researchers. Registration is available here. Full programme and registration for the event are available here.

Intellectual Property 76

Intellectual Property Intellectual Property Law Registration Licensing 76

SpicyIP

JULY 19, 2021

In the event of assignment of rights, any person wishing to legally record a film would have to additionally obtain written permission from the author aside from the permissions already needed from the present copyright owner. Serious Comparative Advertising: Broadening the Definition. Thematic Highlights. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

Garrigues Blog

NOVEMBER 30, 2023

In the event of a possible opposition by a third party, it is necessary to have sufficient evidence to prove the use of the prior mark with documents that support its presence in the market for real commercial purposes. As the proverb says: “Caesar’s wife must not only be honest but must also be seen to be honest.”

Trademark 52

Trademark Advertising Advertising Marketing 52

SpicyIP

JANUARY 2, 2022

CRI Events Private Limited [Delhi High Court]. The second suit was filed by IPRS and PPL against an event management company for broadcasting music without authorization. The Indian Performing Right Society Limited (IPRS) v. Entertainment Network India Ltd (ENIL) and Phonographic Performance Ltd (PPL) v.

IP 143

IP Intellectual Property Copyright Trademark 143

The TTABlog

AUGUST 24, 2023

In a 63-page opinion, the Board dismissed Nautica Apparel's Section 2(d) and Section 43(c) claims in this opposition to registration of the mark NAUTICA for "[r]ecreational vehicles, namely, motor homes." Although opposer's sales and advertising figures were "impressive," they were not broken down by product category.

Registration 52

Registration Television Designs Design 52

SpicyIP

APRIL 17, 2023

Krbl Limited was alleged infringement and passing off of the plaintiff’s trademark registrations for marks that include the word ‘Royal’, by the defendant’s mark ‘Zabreen Royal’ (‘Impugned Mark’). Responding in the affirmative, the Calcutta High Court has swung the interpretative pendulum back in favor of GUIs being registrable.

Advertising 105

Advertising Advertising Confidentiality Trademark 105