Garrigues Blog

APRIL 16, 2024

The Supreme Court has delivered a judgment that bolsters copyright protection for works of applied art under criminal law: It sets an important precedent in Spain in distinguishing design as an art that deserves protection under both criminal as well as civil law.

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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. Understanding the Secondary Meaning of Trademark.

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Technology & Marketing Law Blog

NOVEMBER 11, 2023

The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines, Car-Freshner has turned into a serial plaintiff, though this is my first time blogging them in-depth. I see potential legitimate trademark defenses for the design. This ruling highlights the legal risk.

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Kashishipr

MARCH 2, 2022

Therefore, even after a trademark office grants you your exclusive trademark rights, you must do your part to safeguard such rights well. No trademark office across the globe will ever keep a watch on the market for unauthorized use of your Registered Trademark. Non-Use of a Registered Trademark.

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Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. The court explains: They describe steps in the process of fashion design and capture much (if not all) of the creative output that Gutman might produce in her role as a designer.

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Biswajit Sarkar Copyright Blog

MAY 29, 2023

This article explores the criticality of trademark searches for new brands. What is a Trademark? A trademark is a recognizable sign, symbol, or expression that represents a brand’s products or services. It can be a word, logo, slogan, design, or even a combination of these elements.

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IIPRD

AUGUST 27, 2022

The instant order of the General Court proves wrong the false assumptions that the shape mark is dead under the trademark law based on the doctrine of aesthetic functionality. trademark law which was later borrowed and adopted in a more limited sense in the European trademark law. Jacob Products Co.,

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Kashishipr

DECEMBER 15, 2021

For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. In simple terms, the shape must be highly recognizable, noticeably distinct from other products in the market, and offer a clear indication of the origin of the product. Registration took two years.

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IPilogue

OCTOBER 28, 2021

In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. In Pyrrha Design Inc. Scary Issues with Licensing and Trademarks.

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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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Intepat

MAY 29, 2024

Trademark applications can be filed under two primary categories: “Claiming User Date” and “Proposed to be Used.” This affidavit is essential when the applicant asserts that the trademark has been used continuously in the market since a particular date.

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Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. We blogged this case twice before. Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” Social Media and Trademark Law” Talk Notes.

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Technology & Marketing Law Blog

APRIL 29, 2023

.” Most of the opinion discusses the trademark implications of Ripps’ rival NFT collection. With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v.

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IP Tech Blog

MARCH 23, 2022

More and more companies are entering the Metaverse leading to a trend towards increased filings of trademarks in the “virtual” classes. This blog has reported on this trend here and here. Even if you do not (yet) want to offer NFTs or other digital assets, it is advisable to take precautions under trademark law now.

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azrights

OCTOBER 27, 2023

Crocodile International noticed that Lacoste wasn’t using the design it had registered and applied to revoke Lacoste’s trademark for non-use. This broad argument that any use of a crocodile design was use of the registered crocodile trademark was rejected out of hand by the court.

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IP and Legal Filings

OCTOBER 4, 2022

However, with the publication on 23 October 2012 of UAE Federal Law No. 4 of 2012 Concerning Regulation of Competition all businesses with operations in the UAE or supplying goods and services to the UAE market will have to ensure that they focus on and comply with the provisions of this new law. image Source : Medium Blog].

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Kashishipr

NOVEMBER 2, 2022

Maintaining a Trademark Registration can indeed be challenging if you aren’t familiar with the Trademark Law. However, there exist some steps and guidelines you can take and follow to ensure your Registered Trademark remains protected and valid.

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IPilogue

OCTOBER 19, 2021

The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. Hershey alleges in their complaint that Cookie Department released packaging and marketing materials for cookie products with the same conical shape.

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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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IP Tech Blog

AUGUST 3, 2022

The latter problem is particularly acute if the foreign brand markets itself in the luxury segment. The Relevant Law on Parallel Import of Cosmetic Products into China. E-commerce platforms’ takedown systems are in fact limited to trademark infringement cases. those of the markets where they were first commercialized).

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Trademark Branding Brands Branding 57

LexBlog IP

MARCH 23, 2022

More and more companies are entering the Metaverse leading to a trend towards increased filings of trademarks in the “virtual” classes. This blog has reported on this trend here and here. Even if you do not (yet) want to offer NFTs or other digital assets, it is advisable to take precautions under trademark law now.

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Trademark Branding Brands Branding 52

IPilogue

NOVEMBER 22, 2022

Indeed, when searching the United States Patent and Trademark Office (“USPTO”) database, the signature pose has been registered for many industries, including eyewear and accessories, clocks and watches, leathers, bags, clothing, footwear, games, entertainment, restaurants, etc.

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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.

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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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IIPRD

FEBRUARY 6, 2024

A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment. Blogs continue to be essential tools for learning, communication, and creating thriving online communities.

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Kashishipr

SEPTEMBER 20, 2021

The label in question was designed by an employee of SK Oil Industries. Since then, it has been continuously used and has even acquired reputation and goodwill in the market. On the other hand, the Trademark Law allows two or more registered owners or concurrent users of similar marks. Concluding Remarks.

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Technology & Marketing Law Blog

DECEMBER 11, 2023

What the second Circuit did say was that, like in the Jack Daniel’s case, the Wavy Baby used plaintiff’s trademarks and trade dress throughout the design of its product. But especially in a case of an alleged parody, that doesn’t answer the trademark use question. at 156 (citation omitted)”).

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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. What are “marketing rights”??? Case citation : Jim S.

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Biswajit Sarkar Copyright Blog

NOVEMBER 25, 2022

A trademark is a mark that distinguishes the goods and services of one person, from the other. It helps consumers differentiate between the myriad brands available in the market today. A trademark is territorial in nature, thus, if the trademark is registered in India, it can only be protected within the Indian jurisdiction.

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Garrigues Blog

OCTOBER 26, 2022

In this race to explore new markets, infringing conducts have also taken place as a result of the unauthorized uses of famous brands to create NFTs. District Court for the Southern District of New York for designing, minting and offering handbags inspired by Hermès’ famous Birkin handbag, under the name “MetaBirkins”.

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Non-Fungible Tokens Trademark Intellectual Property Art 52

Kashishipr

SEPTEMBER 14, 2022

Barcodes and QR codes are capable of identifying the products and/or services of an entity in the market and are widely used to do so. The courts in India protect barcodes and QR codes under the Trademark Law. Industries, including entertainment, education, banking, and print media, have been widely using barcodes and QR codes.

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Technology & Marketing Law Blog

SEPTEMBER 9, 2022

” I’ll focus on the false designation of origin claim regarding Troia’s keyword ads. Troia claimed that he did not use the LoanStreet trademark in commerce. .” So by the time the court says “the parties are vying for users in the same ‘market,'” you know that the judge has lost the thread.

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Technology & Marketing Law Blog

MARCH 10, 2022

It’s helpful to compare and contrast this case with a pair of cases I blogged about last year. Washington State’s Proposed Employer Social Media Law: The Legislature Should Take a Cautious Approach — SB 5211. Big Problems in California’s New Law Restricting Employers’ Access to Employees’ Online Accounts (Forbes Cross-Post).

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Technology & Marketing Law Blog

SEPTEMBER 28, 2021

[Note: this blog post covers Rep. 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. However, this bill is itself a giant counterfeit. A new frontier for a trade war.].

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The IP Law Blog

AUGUST 18, 2022

For example, Pepto-Bismol was denied a trademark on the color pink because of the color’s “therapeutic value” in treating upset stomachs. The court reasoned that Pepto-Bismol’s competitors might want to use that color in order to compete effectively in the market.

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Technology & Marketing Law Blog

MARCH 13, 2022

With respect to the trademark claim, the court says the Ninth Circuit’s Multi-Time Machine v. 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.

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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. Through this, the former aims to monopolize the market and kick out any remotely similar business operating under the mark.

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