Technology & Marketing Law Blog

MARCH 6, 2024

Tomelleri (who has appeared on this blog before ) illustrates fishes (see court exhibit on the right). If that rings a bell, it’s because just yesterday I blogged on a DIFFERENT fish painter, DeYoung, who also brought an IP lawsuit against a print-on-demand service (Pixels).

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Copyright Trademark Law Publishing Copyright Infringement 99

Technology & Marketing Law Blog

MARCH 8, 2024

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money. Alibaba N.D.

Trademark Law 98

Trademark Law Trademark IP Blogging 98

Technology & Marketing Law Blog

FEBRUARY 27, 2022

Courts need to get wise that what’s really happening here is incumbents are leveraging things like trademark law, the CFAA, and the law of online contracts to avoid competition on the internet. TPG’s parent company Red Ventures, LLC, has a market cap about the same size as American Airlines.

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Cease and Desist Blogging Contracts Social Media 121

IP and Legal Filings

OCTOBER 23, 2023

These E-commerce platforms make it simple to access consumer goods from a computer or smart phone, but they also, by their very nature, make it simple for counterfeiters to market their counterfeit goods. In the year 2017 the market value of the E-commerce was $38.5 Nakul Bajaj &Ors, [Civil Suit No. 344/2018]. [6] 344/2018]. [7]

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Marketing Marketing Trademark Registration 85

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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IP Advertising Advertising Trademark Law 126

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

JIPL Online

APRIL 7, 2021

By: Tyler Dysart The sports apparel market is plagued by counterfeit products that reproduce athletic teams’ trademarks at a fraction of the cost. This is out of line with the modern policies behind trademark law, which is to protect consumers, not the manufacturers.

Marketing 40

Marketing Marketing Licensing Trademark Law 40

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

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. The contributory trademark infringement claim survives a motion to dismiss. Meta Platforms, Inc.

Trademark 91

Trademark Contracts Blogging Fair Use 91

Technology & Marketing Law Blog

OCTOBER 5, 2023

The court could have cited two recent Supreme Court cases (Jack Daniels and Abitron) for the proposition that trademark law only applies when parties are using a trademark as a mark , i.e., to identify and distinguish the source of marketplace goods. ” Trademark law does not restrict that usage.

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Trademark Fair Use Trademark Law Branding 120

The IP Law Blog

JULY 14, 2021

In this week’s episode of The Briefing by The IP Law Blog , attorneys Scott Hervey and Josh Escovedo discuss the trademark litigation between Nike and a custom shoe maker, MSCHF (pronounced “Mischief”). The shoes were tied into marketing by Rapper Lil Nas X, and all 666 pairs created by MSCHF were sold. In Nike Inc.

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Blogging Litigation IP Marketing 98

Biswajit Sarkar Copyright Blog

MAY 29, 2023

Here are several reasons why trademark searches are critical for these brands: Establishing Brand Identity: Trademarks enable new brands to establish a unique identity and differentiate themselves in the market. Trademark infringement can lead to brand reputation damage and loss of market share.

Intellectual Property 52

Intellectual Property Branding Brands Branding 52

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. The Cosmopolitan Approach.

Trademark Law 52

Trademark Law Registration Marketing Marketing 52

Trademark and Copyright Law Blog

JANUARY 3, 2024

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. should include best practices from a trademark law perspective, to make sure you’re not inadvertently harming your marks.

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Trademark Registration Branding Brands 52

Garrigues Blog

FEBRUARY 5, 2024

regarding the use of the ZARA trademark. We will examine the impact of the ruling in cases involving the use of third-party trademarks. They claimed the lawfulness of such use under the limitations specified in Article 37 of the Trademark Law, both in its original version and as modified by Directive 2015/2436.

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Trademark Trademark Law Advertising Advertising 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.

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Trademark Designs Design Marketing 52

Kashishipr

AUGUST 25, 2021

A critical issue to be addressed is whether these limited-edition products can get protection under Intellectual Property (IP) law, just as regular products do, and if yes, then which is the most appropriate form of IP Protection ? Protection for Limited Edition Products under Trademark Law. For more visit: [link].

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Editing Law IP Designs 105

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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Trademark Branding Brands Branding 52

IPilogue

OCTOBER 18, 2022

In its injunction motion, WOTC considers criteria based on the trademark application examination process under US law. WOTC asserts that TSR LLC cannot register the marks in question because of factors such as proximity of goods, similarity of the marks, marketing channel convergence, and ultimately, consumer confusion.

Trademark 101

Trademark Trademark Law Intellectual Property Law Publishing 101

The IPKat

APRIL 5, 2022

For the purposes of this Law, “act of unfair competition” means that in its production or distribution activities, a business disrupts the order of market competition and causes damage to the lawful rights and interests of the other businesses or consumers, in violation of this Law.

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Law Business Marketing Marketing 95

Technology & Marketing Law Blog

DECEMBER 19, 2021

Earlier this year, I blogged a ruling holding that Seeking Arrangements’ trademark infringement claim against Luxy could proceed because Luxy included Seeking Arrangements’ purported trademarks in its keyword metatags. Luxy appeared first on Technology & Marketing Law Blog.

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Advertising Advertising Settlement Trademark 106

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.

Fair Use 97

Fair Use Cease and Desist Copyright Trademark 97

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

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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Registration Registering Trademarks Trademark Cease and Desist 52

Technology & Marketing Law Blog

AUGUST 5, 2022

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.” Gutman’s personality and personal life, these were part of the overall marketing strategy for JLM. Social Media and Trademark Law” Talk Notes.

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Social Media Ownership Branding Brands 98

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? Thus, the sign cannot be used to distinguish goods or services in the market. The post Can QR Codes be Trademarked?

Trademark 97

Trademark Intellectual Property Registration Trademark Law 97

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.

Trademark 57

Trademark Branding Brands Branding 57

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 ).

IP 59

IP Branding Brands Branding 59

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

Technology & Marketing Law Blog

DECEMBER 11, 2023

Going forward, my advice to parodists who don’t want to be found to infringe trademarks: make sure your parody slaps everyone right in the face. This is not just a new standard in trademark law, but a new standard for this ancient and important literary form. at 156 (citation omitted)”). Nope, the Supreme Court didn’t say that.

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Blogging Trademark Branding Brands 111

Garrigues Blog

APRIL 16, 2024

The way legal protection varies from country to country complicates things even further, forcing designers to maneuver through a complex web of legal protection that ranges from copyright to industrial designs, trademark law and unfair competition.

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Art Artistic Work Law Designs 59

Technology & Marketing Law Blog

AUGUST 30, 2023

Nursing CE Central” is a descriptive mark with “a weak secondary meaning… the plaintiff makes no meaningful showing that the public, or even those in the market in which it competes, readily recognizes its name.” ” Marketing channel. Colibri appeared first on Technology & Marketing Law Blog.

Advertising 85

Advertising Advertising False Advertising Trademark 85

Trademark and Copyright Law Blog

DECEMBER 19, 2022

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. should include best practices from a trademark law perspective, to make sure you’re not inadvertently harming your marks.

Trademark 52

Trademark Registration Branding Brands 52

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. Gutman appeared first on Technology & Marketing Law Blog. Case citation : JLM Couture, Inc. Christou v.

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Social Media Ownership Designs Design 79

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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Trademark Branding Brands Branding 52

More Than Your Mark

AUGUST 20, 2021

If you have invented a 3-D printed product or have a new printing process, remember to consult an intellectual property lawyer before marketing it. 3-D Printing and Copyrights, Patents, or Trademarks. Trademarks. Copyrights. Contact Norris McLaughlin About Intellectual Property Disputes Over 3-D Designs.

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Intellectual Property Designs Design Invention 98

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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Intellectual Property Cease and Desist Copyright Law Music 52