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

IP and Legal Filings

JUNE 14, 2023

Introduction It often happens that a company’s trademark is confused with its brand and on top of that, the brand name or trade name. A trade name is a name under which a company pursues its business and needs to be distinguished from the entity’s registered or legal name.

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Marketing Marketing Intellectual Property Branding 52

43(B)log

SEPTEMBER 6, 2023

Toyota USA sued Allen for grey marketing in violation of the Lanham Act and related claims, asserting that material differences included the existence of a manufacturer-backed warranty, the shipping and packaging of the parts, and the appearance and condition of the parts. 14, 2023) This is the trademark side of the case.

Marketing 59

Marketing Marketing False Advertising Advertising 59

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

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.

Copyright 242

Copyright Trademark Cease and Desist Copying 242

IP and Legal Filings

SEPTEMBER 19, 2023

The process for registering a trademark in India begins with the filing of an application with the Intellectual Property India (IPI), the national trademark office. If the trademark is found to be eligible, it will be published in the Trademarks Journal, and any interested party will have a chance to oppose the registration.

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Trademark Intellectual Property Registration Registering Trademarks 87

IP Tech Blog

AUGUST 17, 2022

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. Is this however a case of trademark infringement? Trademark or Unfair Competition? And, why is this important?

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

SpicyIP

MARCH 10, 2024

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. His previous posts can be accessed here.

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Trademark Registering Trademarks Registration False Advertising 59

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.

Trademark 52

Trademark Registering Trademarks Advertising Advertising 52

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

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. Trademarks are the beacons that guide consumers toward trusted products and services. Building Consumer Trust A registered trademark is a symbol of trust.

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Registration Branding Brands Branding 40

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. The upsurge of social media apps and their intervention in our lives have completely changed the marketing game for every business organization.

Social Media 52

Social Media Trademark Advertising Advertising 52

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. A registered trademark serves as a deterrent to potential infringers. Minimizing Brand Confusion Brand confusion can erode consumer trust and loyalty.

Branding 40

Branding Brands Branding Registration 40

The IPKat

DECEMBER 17, 2021

Today, it’s about the trademark arena. It had to be decided how the marks would be perceived by the average consumer, in the relevant market, who is reasonably well-informed and observant, taking account of the type of goods and how they are marketed.

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Trademark IP Registering Trademarks Branding 96

Selvam & Selvam Blog

AUGUST 28, 2023

FAO(OS)(COMM) 2 of 2022), involved a dispute as to whether displaying/ encouraging the use of a registered trademark of the Respondent to display third party’s website links, which were infringing the Respondent’s trademark, amounts to infringement. DRS Logistics (P) Ltd., (FAO(OS)(COMM)

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Trademark Registering Trademarks Advertising Advertising 52

IPilogue

FEBRUARY 28, 2022

Interestingly, another battle regarding the Gruyère trademark is happening in North America. However, the fate of the Gruyère trademark in Canada is still up in the air. However, the fate of the Gruyère trademark in Canada is still up in the air. SCU, as a Swiss organization, does not meet the requirement.

Trademark 106

Trademark Registering Trademarks Intellectual Property Advertising 106

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. The plaintiff filed the suit seeking protection of its various registered trademarks used by Defendant No.1- Defendant no.

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Registering Trademarks Trademark Advertising Advertising 119

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. Trademark registration aids in building a cohesive brand identity. Consistent Visual Identity Trademark registration solidifies your brand’s visual identity.

Branding 40

Branding Brands Branding Registration 40

IP and Legal Filings

SEPTEMBER 21, 2022

But how do the businesses are so famous without marketing? If they do marketing, then how it is regulated and who does it? Online platforms do not gain this much popularity just by selling their products but with extensive marketing and planning. This will lead to Trademark infringement.

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Trademark Registering Trademarks Business Marketing 52

Kashishipr

JANUARY 5, 2022

The Trade Marks Act, 1999 governs and deals with the mechanism of registration, protection, and illegal use of trademarks in India. 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.

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Trademark Branding Brands Branding 105

IP and Legal Filings

FEBRUARY 16, 2023

Introduction Trademarks may include any distinctive sign or mark that contributes in differentiating goods or services those of the competitors. 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.

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Trademark Registration Registering Trademarks Advertising 52

Kashishipr

SEPTEMBER 22, 2021

A trademark is an important business asset that offers protection to a brand. Businesses own valuable trademarks, which, once registered, can be licensed out. The rights that flow from a trademark can be licensed to others to receive royalties for commercialization. What is Trademark Licensing? Exclusive License.

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Licensing Trademark Branding Brands 105

43(B)log

SEPTEMBER 9, 2021

I won’t say much about that, though I do have a big question, but there are also false advertising aspects of the case. The parties compete in the market for adjustable air mattresses and related products. Plaintiffs’ registered trademarks include “SLEEP NUMBER”, “WHAT’S YOUR SLEEP NUMBER”, “SELECT COMFORT”, and “COMFORTAIRE.”

False Advertising 59

False Advertising Advertising Advertising Trademark 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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Trademark Designs Design Marketing 52

Kashishipr

JUNE 4, 2021

The relatively new advent allows the marketers to put the barcodes on several different items and allow smartphone users to scan them and discover more information. QR codes originated in the automotive industry and are now commonly used in advertising, payments, product tracing, and detection of counterfeits, etc. Judicial Viewpoint.

Trademark 97

Trademark Intellectual Property Registration Trademark Law 97

LexBlog IP

NOVEMBER 10, 2022

The Court of Rome sets a landmark precedent by granting an injunction against the creator of NFTs displaying images of a football player, reproducing without authorization the registered trademarks owned by Italian football club Juventus FC. Background. The Court thus seems to embrace the theory of the content/certificate separation.

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Non-Fungible Tokens Trademark Marketing Marketing 52

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. I’ve left out the parts specific to registered trademarks and the reference to treaties. Taco Cabana, from 1992.

Trademark 59

Trademark Fair Use Registration False Advertising 59

Kashishipr

AUGUST 24, 2022

Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Relationship between Trademark Law & the Hospitality Industry. Trademark for the Taj Mahal Palace Hotel.

Trademark 52

Trademark Branding Brands Branding 52

Kluwer Copyright Blog

MAY 23, 2022

The Supreme Court first noted that marketing claims which include references to famous trademarks aim at catching the public’s attention by mainly exploiting the selling power associated with the sign. This was not the first time the Italian Supreme Court has taken a position on copyright protection for advertising claims.

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Copyright Advertising Advertising Trademark 109

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! The parties compete in the shoe market. Crocs, Inc., 2024 WL 1051951No. 23-cv-01790-PAB-KAS (D. In 2006, Crocs sued now-plaintiff Double Diamond and Dawgs, its affiliate.

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False Advertising Advertising Advertising Branding 59

LexBlog IP

FEBRUARY 26, 2023

I asked: “ What were the first trademarks? “ ChatGPT replied: The use of trademarks can be traced back to ancient times, when craftsmen and traders marked their goods with unique symbols or designs to identify their origin or quality. However, trademark protection in the U.S.

Trademark 52

Trademark Designs Design Journalism 52

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. A widely discussed example was when Apple Inc.,

Cease and Desist 40

Cease and Desist Trademark Due Diligence Intellectual Property 40

Garrigues Blog

SEPTEMBER 29, 2021

Trademarks displayed in audiovisual works can be a real headache if the associated legal aspects fail to be taken into account. Both Spanish and European trademark laws and case law have shed some light in this regard. It is common practice in the audiovisual world to be particularly careful with any trademarks displayed on screen.

Trademark 52

Trademark Trademark Law Television Registering Trademarks 52

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

TraskBritt Intellectual Property

MARCH 22, 2021

Trademarks are powerful marketing tools that can help a potential customer not only to recall the associated brand but also to affiliate the words of the trademark with that brand. You may want to trademark a phrase to control how your brand is perceived in the minds of potential customers.

Trademark 52

Trademark Registration Registering Trademarks Branding 52

43(B)log

APRIL 29, 2022

Hawrych’s name, likeness, and trademark (‘Hawrych MD’) in various advertisements.” It was not enough to allege that the marketing materials were “misleading as to his present involvement.” Thus, the false advertising claim would be dismissed. The allegations related to the use of “M.D.” Hawrych” and “Dr.

False Advertising 59

False Advertising Advertising Advertising Registering Trademarks 59

The IPKat

DECEMBER 14, 2023

Stephen further stated that he was in the process of registering the word for advertising and media business with the aim of providing marketing, branding, and related services, there was a lot of interest in the possibility of registering such a term. The application for injunction was consequently denied.

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IP Service Mark Cease and Desist Registration 83