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. In this case, the plaintiff was Bright Lifecare Pvt.

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Erik K Pelton

MAY 9, 2022

A famous example of this is the pin stripes of the New York Yankees are a registered trademark. The uniform of a UPS driver is a registered trademark. That configuration of a uniform is a registered trademark. Colors can be registered. That’s a registered trademark.

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Trademark Registering Trademarks Registration Designs 189

SpicyIP

MAY 2, 2022

We’re pleased to bring you a timely guest post by Sangita Sharma on a recent order by the Delhi High Court, on the usage of a competitor’s registered trademarks as keywords or adwords. Sangita is a 3rd year student at Gujarat National Law University and has previously written for us here and here. 1- Booking.com B.V

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Registering Trademarks Trademark Advertising Advertising 119

Canadian Intellectual Property Blog

JUNE 22, 2022

Bill 96 will have a significant impact on the use of English trademarks in the Province of Québec. For example, whereas in the past, both unregistered and registered trademarks did not need to be translated into French, under Bill 96, only registered trademarks will be exempt from translation into French.

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Trademark Law Trademark Law Registering Trademarks 52

LexBlog IP

AUGUST 16, 2023

Trademark registration grants the power to prevent others from using your mark as a domain name, username, or in online advertising, thereby preserving your online presence and ensuring a strong, authoritative, and cohesive presence in the online realm. Search Engine Authority Search engines play a crucial role in brand visibility.

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Registration Social Media Trademark Registering Trademarks 52

IP and Legal Filings

MARCH 5, 2024

Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising. Using trademarks in domain names, linking, framing, meta-tagging, and framing are a few methods that could lead to trademark challenges.

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Trademark Social Media Advertising Advertising 86

IP and Legal Filings

JANUARY 31, 2023

The gaming and metaverse platform Roblox helped Gucci develop a variety of immersive themed locations that were inspired by the brand’s various advertising campaigns. The main assets of any fashion firm that are virtual designs, may need to be protected as trade dress under trademark law. 1114 (United States of America).

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Law Branding Brands Branding 84

SpicyIP

AUGUST 31, 2023

Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. Image from here Smells like Luxury, Does it cost a Trademark Battle? We will explore the relevance of this further ahead in this post.

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Trademark Advertising Advertising Branding 111

IP and Legal Filings

AUGUST 4, 2022

Black’s Law Dictionary defines intellectual property as “a commercially valuable product of the human intellect, in a concrete or abstract form such as a copyrightable work, a protectable trademark, a patentable invention, or a trade secret.” The laws governing copyright cover a variety of materials used in the tourism sector.

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Intellectual Property Law Intellectual Property Law Social Media 76

LexBlog IP

AUGUST 16, 2023

Without registered trademarks, consumers are left to navigate a sea of uncertainty, potentially leading to frustration and dissatisfaction. Registered trademarks provide clarity by assuring consumers of the authenticity and quality associated with the brand.

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Registration Branding Brands Branding 40

LexBlog IP

APRIL 19, 2023

A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. The purpose of a trademark is to prevent consumer confusion about the source of the corresponding product. Registering trademarks with the U.S.

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Intellectual Property Law Intellectual Property Law IP 52

IP Tech Blog

AUGUST 17, 2022

Is the use and function of the words Tsingtao Beer on the bottles’ neck a “trademark use”? Or should this be rather a case of trade dress infringement under the Unfair Competition Law? Trademark or Unfair Competition? 57 of the Chinese Trademark law. And, why is this important?

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Trademark Registering Trademarks Art Cease and Desist 104

SpicyIP

AUGUST 22, 2022

We are pleased to bring our readers a guest post by Abhijay Srekanth and Vivek Basanagoudar on interaction of trademarks with free speech. Abhijay Srekanth is an LLM candidate at the Queen Mary University of London specialising in IP, and a recent graduate of Jindal Global Law School. The views expressed in the piece are personal.

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Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

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! This judgment of infringement comes nearly one year to the day after Crocs filed lawsuits against 21 companies alleging infringement of its registered trademark rights in its clog designs. …

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False Advertising Advertising Advertising Branding 59

SpicyIP

AUGUST 20, 2023

Aditya is an attorney at Ira Law and represents Google in trademark litigation relating to keyword advertising. He graduated from National Law University, Jodhpur and then pursued a masters in law from Harvard Law School. The Court examines various provisions of the Trademarks Act to reach this conclusion.

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Advertising Advertising Trademark Branding 97

IP and Legal Filings

SEPTEMBER 19, 2023

If there are no oppositions, or if the opposition is unsuccessful, the trademark will be registered, and a certificate of registration will be issued. A registered trademark is valid for a period of 10 years, after which it can be renewed for additional 10-year periods.

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Trademark Intellectual Property Registration Registering Trademarks 86

IP and Legal Filings

OCTOBER 26, 2023

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. The trademark owners enjoy monopoly and exclusive proprietary rights of their trademarks through the law of trademark protection.

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Cease and Desist Trademark Registering Trademarks Business 98

Kluwer Copyright Blog

MAY 23, 2022

This was not the first time the Italian Supreme Court has taken a position on copyright protection for advertising claims. In 2016, the Court ruled on the slogan “ You are, we car ” used (again) by FIAT to advertise its new “500” car model, without mentioning the name of the author who came up with the catchphrase.

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Copyright Advertising Advertising Trademark 108

LexBlog IP

AUGUST 16, 2023

A registered trademark serves as a deterrent to potential infringers. When competitors or unauthorized entities see a registered mark, they are less likely to attempt to capitalize on its recognition due to the legal consequences that could ensue. Minimizing Brand Confusion Brand confusion can erode consumer trust and loyalty.

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Indiana Intellectual Property Law

OCTOBER 6, 2023

Celina, Texas – Plaintiff, Nickels and Dimes Incorporated is suing LaPorte, Indiana company, Noah’s Arcade, LLC d/b/a Full Tilt , for infringement of its federally registered trademark TILT, in association with arcade , amusement, and entertainment services, under Section 32(1) of the Lanham Act, 15 U.S.C.

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SpicyIP

MARCH 10, 2024

Kevin is a second-year law student at NLSIU Bangalore. Image from here In the case of Sterling Agro Industries Limited vs ASR Trading Company , the Delhi High Court while dealing with a trademark infringement suit, imputed mala fide intention to ASR Trading’s (the Defendant) act of applying for a trademark registration.

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Trademark Registering Trademarks Registration False Advertising 59

The IPKat

DECEMBER 17, 2021

The Plaintiffs also contended that the logos used by the Defendants infringed on their marks and get up since their registered trademark incorporated the words ‘ACAL’ and an image with the map of Africa which the Defendants had copied. This Katpost discussed the case in fuller detail.

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Trademark IP Registering Trademarks Branding 96

43(B)log

SEPTEMBER 6, 2023

Lanham Act false advertising: Allen alleged that Toyota’s statements that “[t]he purchase. a breach of your dealer agreement” constituted false advertising because the agreement in fact allows for purchases of Toyota parts from other sources, including for non-warranty repairs. The court declined to dismiss the counterclaims.

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Marketing Marketing False Advertising Advertising 59

IIPRD

JANUARY 6, 2023

Trademark; Meaning and need of laws. Trademark infringement is the unauthorized use of a trademark which is one of the various ways in which intellectual property rights are violated. There have been cases where even in the case of parody the imitator is found to be guilty of infringement of the trademark.

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Social Media Trademark Advertising Advertising 52

Intepat

APRIL 9, 2021

Usage of the identical or similar mark in respect of identical or similar goods or services is likely to confuse the public or is likely to have an association with the registered trademark. ? who can claim the following civil remedies in cases involving trademark infringement or passing off-. ? PASSING OFF. CIVIL REMEDIES.

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Trademark Registering Trademarks Advertising Advertising 52

IPilogue

MARCH 20, 2023

Anita Gogia is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On November 2, 2022, the Ontario Superior Court of Justice ruled that goodwill does not exist when the registered trademark has not been used. The motion court first hearing the case misapplied the fundamental principles of trademark law.

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Trademark Social Media Registering Trademarks Trademark Law 105

43(B)log

APRIL 29, 2022

Hawrych’s name, likeness, and trademark (‘Hawrych MD’) in various advertisements.” Thus, the false advertising claim would be dismissed. False advertising law has a much more structured way of accounting for implications than trademark law does. The allegations related to the use of “M.D.”

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False Advertising Advertising Advertising Registering Trademarks 59

IP and Legal Filings

FEBRUARY 16, 2023

In order to maintain the owner’s rights, a trademark must be used and periodically renewed; otherwise, the proprietor might lose the validity and the right of enforcing the trademark. Image Sources : Shutterstock] A trademark’s removal from the trademark registration is the consequence of non-use. Co Pvt Ltd.

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Trademark Registration Registering Trademarks Advertising 52

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.

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Intellectual Property Registration Trademark Personality Rights 76

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. Since the costume doesn’t have a mask or any accessories, from a copyright standpoint, it’s likely not breaking any laws. Trademark and Halloween Costumes. Bottom Line.

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Trademark Copyright Cease and Desist Copying 241

IP and Legal Filings

MAY 17, 2024

There are no separate legal provisions for these rights and they have been included under the existing Intellectual Property laws. This is prone to gross misuse and there is ambiguity regarding the legality of the same since there is a vacuum in the existing legal framework of IP laws with regards to AI generated content.

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Personality Rights Intellectual Property Social Media Intellectual Property Law 74

Biswajit Sarkar Copyright Blog

DECEMBER 24, 2022

Santa Claus art works which are often used by brands to promote their Christmas related products can be protected copyright law. Coming to the prospect of trademark protection for using the word “Santa Claus” or the character of Santa Claus being used to identify the products or services of one brand from another, U.S

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IP Artistic Work Intellectual Property Branding 52

LexBlog IP

AUGUST 16, 2023

Trademark registration sets your brand apart from competitors by giving you the tools to keep your brand’s unique identity that consumers can easily identify and connect with. Consumer Trust and Loyalty A registered trademark inspires consumer trust.

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Branding Brands Branding Registration 40

43(B)log

JANUARY 27, 2023

Steeplechase has a copyright for the book, “Piano Book for Adult Beginners: Teach Yourself How to Play Famous Piano Songs, Read Music, Theory & Technique” and registered trademark rights in STEEPLECHASE ARTS & PRODUCTIONS for, among other things, music instruction books, including for the Piano Book. Was this literally false?

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Derivative Work False Advertising Advertising Advertising 75

IP and Legal Filings

SEPTEMBER 21, 2022

This type of ads leads to disturbance in the internet traffic of the trademark owner’s site as people are diverted into another platform. Thus, many questions arises, Why Trademarks are so important for the business?, How the Trademarks are governed and Whether this type of activity violates the said law?,

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Trademark Registering Trademarks Business Marketing 52

IPilogue

FEBRUARY 28, 2022

However, the fate of the Gruyère trademark in Canada is still up in the air. Without a registered trademark, Gruyère producers expose themselves to the risk of dispute that may lead to a long and costly legal battle in Canada. As a result, this application has remained as “advertised” since November 1, 1995.

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Trademark Registering Trademarks Intellectual Property Advertising 106

Kashishipr

JANUARY 5, 2022

Additionally, it also deals with the exclusive rights of a trademark owner, penalties for Trademark Infringement , remedies for damaged goods, and modes of transference of a Registered Trademark. Creating a brand image for the goods/services in the minds of the public at large. For more visit: [link].

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