Technology & Marketing Law Blog

FEBRUARY 27, 2022

TPG is a service built around the brand of a world-traveling man sipping champagne in first class, selling to the world his knowledge of the best rewards programs for credit cards and flights. That said, at least some of the issues raised by this lawsuit involve novel and interesting questions of law that have yet to be fully decided.

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Cease and Desist Blogging Contracts Social Media 121

IP Tech Blog

NOVEMBER 30, 2022

This ground-breaking decision heralds the expansion of traditional fair use defenses to any trademark infringement claims where a defendant’s conduct relates, in any way, to the broad category of activity considered “expressive” under the First Amendment. VIP Products LLC. Neither of these prongs is easy [for a plaintiff] to meet.”.

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Branding Brands Branding Fair Use 57

Trademark and Copyright Law Blog

JANUARY 3, 2024

You may have launched new brands or drastically redesigned your logo since you last interacted with the USPTO. 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. Stay tuned!

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Trademark Registration Branding Brands 52

Technology & Marketing Law Blog

OCTOBER 5, 2023

Despite Emoji Company’s apparent confidence in the strength of its brand, the reality is that consumers looking to buy emoji-themed stickers are likely to search for the word “emoji.” This is not because they seek any Emoji-Company-branded products (licensed or otherwise). ” Trademark law does not restrict that usage.

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Trademark Fair Use Trademark Law Branding 120

Technology & Marketing Law Blog

FEBRUARY 16, 2022

.” In other words, they sought to establish (using centuries-old chattel-based theft doctrines rather than trademark law) that a trademark owner has the unrestricted right to shut down anyone using their trademarks, even if no consumers are harmed. to see if it could find some soft spot in Georgia state law.

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Garrigues Blog

JULY 6, 2021

They allow companies to promote their brand image and connect with the community around them. When we start any business, one of the first things to choose is the name that will identify you in the market and, if the homework is done, it will be registered as a trademark (see a related post here ). Let us see it. Beatriz Ganso.

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Branding Brands Branding Registration 52

Technology & Marketing Law Blog

MARCH 8, 2022

I explain my concerns with the SHOP SAFE Act in excruciating detail in this blog post from last year. For bonus coverage, see my blog post on the INFORM Act.]. * * *. academics with expertise in trademark law. The SHOP SAFE Act would do this by fundamentally changing trademark law. March 8, 2022.

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Trademark Trademark Law Law Blogging 125

Kashishipr

OCTOBER 12, 2022

Owning a trademark undoubtedly counts as one of the most valuable and crucial assets for every business company or organization. Hence, it becomes imperative not to stay ignorant about a Trademark Assignment. Moreover, trademark assignment proves to be beneficial for both parties involved. Overview of Trademark Assignment.

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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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Registering Trademarks Trademark Registration Trademark Law 105

IPilogue

MARCH 6, 2023

While Louboutin’s products retail for JPY80,000 ($613) and over and fall within the luxury brand market, Eizo’s shoes occupy the affordable or no-name brand markets, with an average retail price of JPY17,000 ($130). The court also took issue with Louboutin’s market research. 2015-29921 ).

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IP Branding Brands Branding 59

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. Here is why: New opportunities for growing your brand. Why you need new trademark registrations now. We are here to help you.

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Trademark Branding Brands Branding 57

Kashishipr

AUGUST 25, 2021

Several times, we see that luxury brands come up with limited edition products, whether it is cars, watches, cosmetics, chocolates, electronics, etc., Protection for Limited Edition Products under Trademark Law. The post Limited Edition Products: Can they be Protected under IP Law? For more visit: [link].

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Editing Law IP Designs 105

Trademark and Copyright Law Blog

DECEMBER 19, 2022

You may have launched new brands or drastically redesigned your logo since you last interacted with the USPTO. 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. Stay tuned!

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Trademark Registration Branding Brands 52

IP Tech Blog

AUGUST 3, 2022

These branded goods are sold without the trademark owner’s consent for a much lower price than that of the official retailer. The consequences of such so-called “parallel imports” are well-known: the foreign brand and its official Chinese distributor suffer economic losses and the brand is diluted by cheap sales of parallel imports.

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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. Here is why: New opportunities for growing your brand. Why you need new trademark registrations now.

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Trademark Branding Brands Branding 52

Kashishipr

AUGUST 24, 2022

By establishing a brand name, a service provider in the hospitality industry can benefit from having many customers and build a good reputation. Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India. The same is then safeguarded under trademark law.

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Trademark Branding Brands Branding 52

IIPRD

FEBRUARY 6, 2024

Creators need to comprehend the fundamentals of copyright law to safeguard their creations and negotiate licensing and distribution contracts with skill. Trademark Law in the Entertainment Industry When it comes to branding and selling entertainment-related goods and services, trademarks are crucial.

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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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Trademark Registering Trademarks Art Cease and Desist 104

Kashishipr

SEPTEMBER 7, 2022

When we talk about building brand image and attraction, fashion companies put in a lot of time, money, effort, and hard work. Trade dress protection falls under trademark law as the design functions as a trademark, i.e., identifying a product emerging from a specific fashion house or fashion designer.

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Trademark Designs Design Marketing 52

Technology & Marketing Law Blog

AUGUST 5, 2022

We blogged this case twice before. The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.”

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Social Media Ownership Branding Brands 98

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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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. Can we Trademark QR Codes? However, if you incorporate a QR code into a logo, you can file a Trademark Application to register that logo. Judicial Viewpoint.

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Trademark Intellectual Property Registration Trademark Law 97

Kashishipr

DECEMBER 15, 2021

Trademarks indicate the origin of a product. While they commonly consist of a brand name or logo, the shape of a product may also be an indication of its origin. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. Registration took two years.

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Trademark Intellectual Property Registration Designs 105

azrights

OCTOBER 27, 2023

Last week’s newsletter How to avoid the biggest brand management mistakes , highlighted that the role of our business name and signs like logos, taglines, characters, or sounds is to enable buyers to recognise that it’s us. Use it or lose it is a universal concept of trademark law across nations.

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Trademark Branding Brands Branding 52

IPilogue

NOVEMBER 22, 2022

While Bolt’s trademark registration is for the design mark rather than the pose, the use of poses and gestures in branding can potentially bring a new wave of “unusual” trademarks, especially as social media and technology have spread previously unthought-of but recognizable traits.

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Trademark Social Media Branding Brands 59

Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. As per a report, influencer marketing investment is expected to reach $15 billion in 2022. Remember, posting content that contains someone else’s logo, product name, or trademark may infringe upon their IPRs.

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Social Media Intellectual Property Registration Branding 52

LexBlog IP

AUGUST 30, 2023

Yet cannabis businesses continue to grapple with protecting their brands, as trademark protection at the federal level remains unavailable. The current hodgepodge of state trademark regimes will undoubtedly result in litigation and a race to register federal marks once Congress legalizes cannabis. the Lanham Act).

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Due Diligence Intellectual Property Branding Brands 52

Kashishipr

JANUARY 12, 2022

Often, hashtags help businesses reach out to their target audience and connect with them, which may further help them attain and achieve goodwill and raise awareness about their brand. Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection.

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Trademark Registration Registering Trademarks Social Media 105

IP and Legal Filings

MAY 8, 2024

Karanveer Singh Chhabra, emerges as a poignant saga, pitting the stalwarts of the liquor industry against each other in a quest for brand integrity and consumer trust. This blog delves into the judgement of the High Court of Madhya Pradesh Bench at Indore and discerns the legal questions answered by the court in the matter.

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Trademark Intellectual Property Branding Brands 52

Biswajit Sarkar Copyright Blog

JANUARY 10, 2023

What is a registration of trademark? Trademark registration is not a mandate under the Indian trademark law, however it is advisable to go for a registration for certain reasons. The following steps are to be undertaken in order to get a mark registered as trademark under Indian trademark law: a.

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Registration Trademark Reporting Trademark Law 52

LexBlog IP

APRIL 19, 2023

Sellers need to be aware of competitor patents before introducing a product to the market. “Trade dress” is a subsection of trademark law and protects the design and shape of a product or its packaging, again to identify the source of the product. This can lead to expensive “false marketing” litigation.

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Intellectual Property Law Intellectual Property Law IP 52

IPilogue

OCTOBER 28, 2021

Interestingly, the court noted that Rozier produced evidence which called into question whether Fun World’s mask possessed the requisite originality, given that a third-party created and marketed a similar “Wailer” mask several months before the “Ghost Face” mask was registered. Supreme Court case, Star Athletica, LLC v Varsity Brands, Inc.

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Technology & Marketing Law Blog

JANUARY 24, 2024

The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM. Monaghan Trademark Owner Sues Over Alleged Twittersquatting–Coventry First, LLC v. Case citation : JLM Couture, Inc. Christou v.

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Social Media Ownership Designs Design 79

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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Trademark Registration Reporting Branding 52

Technology & Marketing Law Blog

DECEMBER 11, 2023

MSCHF has frequently targeted major brands. At this point the Second Circuit baldly states “MSCHF used Vans’ trademarks—particularly its red and white logo—to brand its own products.” Unlike the defendant in Jack Daniel’s , MSCHF, at least amongst its relevant consumers, has a valuable brand. at 156 (citation omitted)”).

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Blogging Trademark Branding Brands 111

Kashishipr

SEPTEMBER 20, 2021

Since then, it has been continuously used and has even acquired reputation and goodwill in the market. According to SSPL, this practice was dishonest as it could make NTC benefit from the reputation and goodwill of SSPL’s brand name. In May 2007, the label mark ‘SOYA DROP’ was registered. Defendant’s Response.

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Technology & Marketing Law Blog

OCTOBER 17, 2022

” (Raise your hand if you’ve ever seen Emojico-branded patient safety restraints). Any person looking at the listings in question would instantly interpret “emoji” as describing the product’s physical attributes–AS TRADEMARK LAW PERMITS IT TO DO. –Emoji GmbH v.

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Trademark Fair Use Registration Licensing 109