Trademark and Copyright Law Blog

JANUARY 3, 2024

As we ring in 2024, sip some champagne and make a resolution to check in on your trademark portfolio more often. Maybe your filings are all in the US, but the EU and Brazil have become major markets for you. Similarly, if you expect to launch in new markets, lay the groundwork with a trademark application.

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Technology & Marketing Law Blog

DECEMBER 9, 2022

And since I like to go outside, I figured I’d save everyone some time and provide a condensed takedown of the some of the more common but less-informed perspectives about the laws related to web scraping in the United States. by Kieran McCarthy. Eric’s note: this is the second of a two-part series on the denouement of the hiQ v.

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Technology & Marketing Law Blog

OCTOBER 5, 2023

This is a SAD Scheme case from one of my least-favorite rightsowners, Emojico. (I I have no doubt that the screenshot above doesn’t constitute trademark infringement. (In In my SAD Scheme paper, I characterize the poop emoji mug example as “not a serious trademark claim”). The SAD Scheme helps with that.

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Trademark Fair Use Trademark Law Branding 119

SpicyIP

MAY 17, 2023

Image from the Report The US Trade Representative (USTR) released the Special 301 Report for 2023 on April 26, 2023, and has placed India in the ‘Priority Watch List’, yet again. Prabhat Kumar Saha highlighting certain concerns of the USTR in the 2023 Special 301 Report and assessing the same from a public health perspective.

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Reporting Intellectual Property Patent Application Intellectual Property Law 137

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

SpicyIP

MAY 18, 2022

Her previous posts on the blog can be viewed here, here , here , here and here. Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? Image from here. World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse. Aparajita is a lawyer based in Bangalore.

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SpicyIP

DECEMBER 8, 2023

Image from here [ This post is authored by SpicyIP Fellow Tejaswini Kaushal. This case has brought to the forefront the discussion on transborder reputation, goodwill, and territoriality principles again (previously discussed on the blog here , here, and here ). Tejaswini is a 3rd-year B.A. Her previous posts can be accessed here. ]

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Technology Trademark Business Branding 59

Trademark and Copyright Law Blog

DECEMBER 19, 2022

As we ring in 2023, sip some champagne and make a resolution to check in on your trademark portfolio more often. Maybe your filings are all in the US, but the EU and Brazil have become major markets for you. Similarly, if you expect to launch in new markets, lay the groundwork with a trademark application.

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Trademark Registration Branding Brands 52

IPilogue

FEBRUARY 14, 2022

Comparative advertising is an effective marketing technique, in which a company’s product or service is compared to its competitor’s. Despite these advantages, comparative advertising is a dangerous field to navigate from a legal perspective. Photo by NordWood Themes ( Unsplash ). Operations (“Constellation”).

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Advertising Advertising Trademark Branding 105

SpicyIP

SEPTEMBER 25, 2023

Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Read on to see the comments submitted by Swaraj, Praharsh, and Tejaswini with research assistance from Tanya. Roshan Santhalia shares his perspective. Humans Of Bombay Stories Pvt.

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Cease and Desist Copyright Infringement Invention Social Media 105

azrights

MAY 3, 2022

As a trademark lawyer, I began to ask myself why? Brand Tuned was a difficult book to write because although I had dealt with trademark registration and brand protection work, and had explored the concept of brand in my Legally Branded book, I didn’t have a deep understanding of it. The world of branding needs to change.

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Branding Brands Branding Registration 119

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2023

These rights safeguard intangible assets resulting from human creativity and innovation, allowing creators to have control and benefit from their inventions or creations. Market Competitiveness: IPRs grant entrepreneurs exclusive rights to their innovations, safeguarding them from unauthorised usage by competitors.

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Biswajit Sarkar Copyright Blog

JANUARY 24, 2022

Recently, the Delhi High Court in Humdard National Foundation vs Sadar Laboratories refused to give an injunction against the defendant’s trademark ‘Dil Afza’. The case was filed by the plaintiff alleging that the defendant’s trademark is deceptively similar to their trademark ‘Rooh Afza’. Both were sharbat products.

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IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. NFTs also may embody or use trademarks. This is highlighted in the case of Hermès International v.

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Trademark Non-Fungible Tokens Branding Brands 62

Intepat

APRIL 18, 2023

In our previous blog post, we focused on the general understanding of the metaverse and its interaction with IP law. The discussion gave a broad overview of copyrights, patents, licensing structures, trademarks etc. In this post, we aim to analyse and understand how trademark jurisprudence is shaping the metaverse.

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Trademark Branding Brands Branding 52

azrights

JUNE 7, 2022

I set up on my own for the flexibility to work around my daughters instead of spending long hours in the workplace away from home. So, I made the classic mistake mentioned in my blog Thirteen Reasons Why Businesses Fail , of taking whatever work came my way and plenty of conveyancing and probate work came in!

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Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Dairy and food industry: This industry has benefitted from new innovations and advancements in modern biotechnology. In modern biology research, inventors come from various disciplines such as pharmaceutical, environmental, agricultural, and dairy, and all of them are involved in improving the quality of life. What is patent?

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IPilogue

JANUARY 27, 2023

ISED works with Canadians in all sectors of the economy and across Canada to create a more favourable environment for investment, strengthen Canada’s innovation capacity, boost the country’s share of international commerce, and create a market that is efficient, fair, and competitive. You need Secret Clearance Level II.

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SpicyIP

MAY 1, 2023

Her previous posts on the blog can be viewed here , here , here , here. After making an argument for the need of regulating AI from an IP perspective in Part I , Part II of the post focuses on the different aspects which can be regulated to develop a responsible and ethical AI. private or personal use).

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IP Licensing Fair Use Moral Rights 129

IIPRD

AUGUST 27, 2022

The willingness of the Court to grant a trademark for the product’s visual appearance was based on the objectively unique visual effect that the product generates in the lipstick sector. trademark law which was later borrowed and adopted in a more limited sense in the European trademark law.

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Trademark Law Registration Marketing Marketing 52

azrights

JUNE 19, 2023

The company tried in vain to register Clubcard as a trademark. Unless a business has intellectual property protecting its innovation, such as a trademark, patent, copyright, design, or trade secret, competitors are free to copy its differentiation strategy immediately. The brand name is a prime way to protect innovations.

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Branding Brands Branding IP 52

Biswajit Sarkar Copyright Blog

APRIL 21, 2023

Women throughout the world have been making scientific breakthroughs and building business with newer perspectives. Biswajit Sarkar, Advocates- IP Attorneys is celebrating this event at EEPC India premises on 26 th April, 2023 from 2 PM onwards.

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Business Intellectual Property IP Branding 40

JIPL Online

APRIL 9, 2021

With this brief background in mind, this blog post explores the implications of copyright protection of memes. In this blog I argue that copyright protection of the content underlying memes does not matter because of the relative weakness of enforcement mechanisms for copyright infringement of this scale.

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Copyright Infringement Copyright Intellectual Property Blogging 98

Intepat

MAY 12, 2023

Understanding The Madrid Protocol The Madrid Protocol is an international agreement that enables individuals or businesses to obtain trademark protection in multiple countries through a centralized system. After successful registration, the trademark is considered to be granted and protected in the member states.

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Registration Branding Brands Branding 52

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

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IP Copyright Trademark Intellectual Property 124

Kluwer Copyright Blog

JUNE 16, 2021

Presentations of reCreating’s researchers will be commented upon by respondents representing key stakeholders, policymakers, academics and the civil society, who will bring in different perspectives and contribute to a multi-faceted, sparkling debate. Panel 2: A new era for copyright exceptions and limitations? by Tito Rendas. €

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Copyright Law Copyright Law Marketing 52

IP and Legal Filings

FEBRUARY 20, 2022

Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. Under trademark law, however, phrases are frequently deemed not to disclose the commercial origin of products or services, which is a trademark’s primary role. 2017/1001 and thus can be registered as a trademark.

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Trademark Advertising Advertising Registration 54

Kluwer Copyright Blog

OCTOBER 10, 2023

17 Copyright in the Digital Single Market (DSM) Directive is the latest regulatory instrument to entrench the status of exploiters. For example, in Deutsche Grammophon , consent is interpreted by balancing free movement of goods against the exercise of IP rights, and in Sterling , to the choice of market. The introduction of art.

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Art Music Copyright Copyright Law 89

SpicyIP

NOVEMBER 26, 2023

Here are our summaries of the blog posts published last week along with the summaries of some interesting orders from different courts. Anything we are missing out on? Please drop a comment and let us know. Read on to know more! SpicyIP Tidbit: Advocate Faces Music for Concocting a Fake IPAB Order! Universal City Studios Llc. &

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Trademark Registration Invention Social Media 59

IIPRD

NOVEMBER 14, 2023

of the population of India having ingress to the world wide web and ever growing e-commerce market which is forecasted to reach about twenty billion euros by 2030, it becomes pertinent to analyse the interconnect between these two. [1] Introduction Intellectual property rights (IPR) in e-commerce are a vital component of e-commerce.

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Intellectual Property Due Diligence Journalism IP 59

Intepat

JUNE 22, 2023

Franchising is commonly adopted to commercialise trademarks. Testing the System – Applying the developed franchising system in at least one pilot unit in the same or similar market can help in testing the operational aspects of the business and in perceiving the possible defects before the launch of franchising.

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Intellectual Property Due Diligence Marketing Marketing 52

Garrigues Blog

OCTOBER 25, 2021

So, when their digital self attends an online class or chats on social media, they can choose which t-shirt to wear from the items stored in their digital wardrobe. The auction of NFT ( non-fungible tokens ), which we addressed in this post , comprising wearable works of digital art, has revolutionized the trademark industry.

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Non-Fungible Tokens Social Media Intellectual Property Intellectual Property Law 59

azrights

JUNE 19, 2023

Designers who undergo training emerge from courses curated by well-known designers that focus entirely on differentiation and positioning – effectively they’re taught marketing. However, clients who are initially satisfied with a service can later become dissatisfied once they learn more about branding… This happened to me.

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Branding Brands Branding Designs 52

azrights

OCTOBER 18, 2021

I’ll then explain the role of trademarks and why and how to be strategic with them. It distinguishes one product or service from another. The Meaning of Brand. The best way I’ve found to explain brands is by contrasting them to their unbranded commodity counterparts. But brands have a third dimension or a third purpose.

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Branding Brands Branding Trademark 52

IPilogue

MARCH 1, 2022

From the limited scope of my research as a 1L student, as well as my personal interest, I have noticed a lack of creative voices within the legal realms that apply to them. However, it also brings new dimensions to copyright and trademark issues. Emily (E): What prompted you to protect TAF and trademark your brand?

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Social Media IP Business Branding 106

SpicyIP

DECEMBER 24, 2023

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. To read these, along with a round up of IP developments around the country, and world, read on below.

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Registration Trademark Copyright Registering Trademarks 52

Selvam & Selvam Blog

MAY 7, 2021

Branding is important because not only does it create a memorable impression among the public, but it allows consumers to know what to expect from your company. It is a way of distinguishing your brand from the competitors. So how do you do proper brand due diligence from an IP (legal) perspective? It is second nature.

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