Technology & Marketing Law Blog

AUGUST 30, 2023

This is a competitive keyword advertising lawsuit. The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising.

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SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. The Hermès-Rothschild Dispute.

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IP and Legal Filings

MAY 13, 2023

Using the name or image of a celebrity for brand advertisement or promotion in the US does not always attract liability, provided the brand is not falsely misleading the public that the celebrity endorses the product. FX Networks and Guglielmi v. Spelling-Goldberg Prods., In Gautam Gambhir v. D.A.P & Co. &

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Personality Rights Privacy Trademark Law False Advertising 83

IP and Legal Filings

SEPTEMBER 19, 2023

Trademark Infringement Trademark infringement is the unauthorized use of a trademark that is identical or similar to a registered trademark, without the permission of the trademark owner. Maccoffee first appeared on IPLF.

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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. Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India.

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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. Imagine a place where a tea stall named “Chai Chai Chronicles” warmly invites you to enjoy a cup of tea.

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43(B)log

MAY 16, 2022

To be sure, some posts did refer to a future party, but none had any particulars. To the extent [the Board’s] appeal attempts to improperly use trademark laws to block the expression of negative views about the university and its administration, such efforts fail.”

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Garrigues Blog

APRIL 23, 2024

The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. regarding the use of the ZARA trademark, as previously discussed here.

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IP and Legal Filings

MAY 17, 2024

A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. The concept of passing off under trademarks law was used to provide relief to the plaintiff. Passing-off refers to misrepresenting someone else’s goods as one’s own. In Amitabh Bhachchan v.

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Selvam & Selvam Blog

APRIL 5, 2022

It refers to marketing in respect of trending topics/events usually undertaken by brands to gain traction and benefit from the popularity that the trending events have garnered. For example, Amul is as famous for its quirky print advertisements, as it is for its products. But what exactly is moment marketing? Personality Rights.

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IP and Legal Filings

NOVEMBER 2, 2021

This case comes in when the Retrolympics applied for the word and the figurative mark Retroolympic at the German Patent and Trademark Office in 2012 (for Nice classes 28 (games and sporting goods); 35 (advertising) and 41 (sporting and cultural activities). Post-publication, IOC filed for an opposition. Federal Supreme Court.

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LexBlog IP

SEPTEMBER 22, 2022

“The first step in determining whether an unregistered mark or name is entitled to the protection of the trademark laws is to categorize the name according to the nature of the term itself.” Showing your sales and advertising. Platinum Fin. 3d 722, 727 (7th Cir. ” Int’l Kennel Club of Chi., ” Id.

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Kashishipr

JUNE 4, 2021

QR codes originated in the automotive industry and are now commonly used in advertising, payments, product tracing, and detection of counterfeits, etc. Can we Trademark QR Codes? A QR (shorthand for ‘Quick Response’) code is a machine-readable matrix barcode.

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JIPL Online

FEBRUARY 26, 2021

BOOKING.COM refers to some specific entity.” com” at after a generic word, “Booking,” still makes “Booking.com” generic within traditional trademark law [xiv] and (2) the fact consumer identify “Booking.com” doesn’t change the fact that it is still generic and thus ineligible for trademark registration. [xv]

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SpicyIP

MARCH 10, 2024

In their written statement, the Defendants claimed distinctions between the marks and denied any unlawful activities, asserting that their trademark application for ‘NOVYA’ covered a broader range of goods, and commercial activities had not yet commenced.

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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.

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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. )

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IPilogue

AUGUST 19, 2021

During her time as a trademark law professor at Drake University, Shontavia Johnson wrote that she believed the laws created solely to protect the Olympics had been stretched too far. Rule 40 restricts social media posts and advertisements published by athletes and sponsors during the Games, both in volume and content.

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Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. It currently accounts for about 15% of the entire revenue spent on global advertising. Remember, posting content that contains someone else’s logo, product name, or trademark may infringe upon their IPRs.

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IP and Legal Filings

MARCH 28, 2023

Introduction The term “trademark dilution” refers to the unauthorised use of, and/or application for, a trademark that is likely to damage an established mark’s distinctiveness. Exceptions As the coin have both the side in the same way the doctrine of dilution of trademark also have some exceptions.

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IP and Legal Filings

SEPTEMBER 8, 2023

Misutilisation Of ‘Smell’ In Trademarks Till date it is clearly apparent that no laws regarding the protection of ‘smell’ in trademarks have come into survival in India.The doctrine of functionality in trademark law states that a product’s functional characteristic does not count for trademark.

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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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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.

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SpicyIP

SEPTEMBER 28, 2023

Image from here Not Everyone’s Cup of “Use” – The Changing Dynamics of “Trademark Use” and “Infringement” in Internet Advertising Nivrati Gupta “New technologies give us new opportunities, but they all raise the question: How do old, familiar laws apply?” Views expressed here are those of the author’s alone.

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SpicyIP

MARCH 25, 2024

Sunanda Bharti on the Michelin Stars and its interaction was trademark laws. Bharti is a Professor of Law at Delhi University, and her previous posts can be accessed here. Image from here Mischief, Manifestation, and the Michelin Trademark! As an IP enthusiast, the author perceives this as a trademark matter.

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43(B)log

SEPTEMBER 7, 2021

Big Ligas sued for tortious interference and for false advertising and trademark infringement under the Lanham Act. Yu used the Plaintiff’s mark in commerce by referring to and describing her relationship with her client by using his given name.” [Of False advertising: “That Ms.

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The IP Law Blog

MARCH 5, 2021

and (2) Does the relevant public understand the designation primarily to refer to that class of goods or services? While a generic term cannot become a trademark, a trademark can become generic. This is commonly referred to as Genericide. Xerox ran an advertising campaign “You can’t Xerox a Xerox on a Xerox.

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IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3]

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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. However, there are still some grey areas clouding this issue. Supreme Court Judgment no.

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The IP Law Blog

DECEMBER 23, 2021

In November 2021, fast-food chain Jack in the Box sued FTX, a cryptocurrency exchange launched in 2019, over an allegedly infringing mascot named Lunar, referred to as “Moon Man”. In its complaint, Jack references various tweets regarding the FTX Moon Man such as “Oh look, it’s Walmart Jack in the Box!” Jack in the Box is not happy.

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IP and Legal Filings

FEBRUARY 20, 2022

Slogans are brief, memorable words that are commonly used in advertising to promote a specific company. Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. Using a mark as an advertising slogan, on the other hand, does not prevent it from being registered as a trademark.

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Trademark and Copyright Law Blog

JULY 9, 2020

While a competitor might wish to use the mark to engage in nominative fair use and comparative advertising, these are, of course, permitted despite a trademark owner’s rights.). In other words, Booking.com has already largely addressed the potential problem of “booking.somethingelse,” via the DNS rather than trademark law.

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Technology & Marketing Law Blog

AUGUST 5, 2022

The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” She also pointed to anecdotal references by JLM employees to the accounts as Ms. Gutman’s “personal accounts,” but the court says these stray references are hardly determinative.

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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. Section 142 of the Act categorizes threats as circulars, advertisements or other similar means served on the other party.

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43(B)log

DECEMBER 1, 2022

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.” This justification is at least consistent with the core idea of trademark law. Nor was referential use required.

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IP and Legal Filings

FEBRUARY 4, 2022

Introduction: The concept of comparing and considering a trademark in its entirety is a well-established tenet in trademark law. When a trademark is registered, it provides protection to the mark as a whole, even if it is a composite trademark with numerous aspects in it. Similarly, in Vardhman Buildtech Pvt.

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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. Unlike the other services, these services get a 6 month phase-in period).

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