Technology & Marketing Law Blog

MARCH 4, 2022

This provision of the federal trademark law known as the Lanham Act is codified in 15 USC 1052.) Sections 2(a) and 2(c) both protect an individual’s right of privacy and right of publicity in trademark law by preventing the unauthorized registration of a person’s name, signature, or image.

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LexBlog IP

FEBRUARY 11, 2024

Will any of your old favorite marketing campaigns be brought back? I look forward to posting about the Super Bowl every year — not because I love football (I do) but because it’s the only time I actually appreciate watching commercials (truly). What will companies pay for a spot this year? Which celebrities will be featured?

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Intepat

MAY 29, 2024

Registering a trademark involves navigating various procedures and submitting several documents to the Trademark Registry. Trademark applications can be filed under two primary categories: “Claiming User Date” and “Proposed to be Used.”

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Technology & Marketing Law Blog

NOVEMBER 27, 2023

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court will likely hold in Elster that Section 2(c) is consistent with the First Amendment, but will it clarify how to balance trademark and free speech rights? After the Supreme Court granted cert in Vidal v. Tam (2017) and Iancu v.

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Technology & Marketing Law Blog

JUNE 21, 2023

She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] The Trademark Infringement Claim A new gateway requirement for application of the Rogers test. 1114(1) or 15 U.S.C.

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Technology & Marketing Law Blog

MARCH 6, 2023

Leonel Lops claims a trademark in the term “Confidence Empire” for shoes. He sued YouTube for allegedly infringing his trademark and sought “$1 billion in damages, $2 million in costs, at least $500 million in punitive damages, and temporary and permanent injunctive relief.” ” Cites to Yout v. .’

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The IPKat

NOVEMBER 14, 2021

Come with this Kat for a stroll around this week’s posts from IP blogs. This is the question Miquel Peguera raises on Kluwer Copyright Blog, alongside his analysis of the topic. As good Kats, we are always paying attention to our surroundings. Copyright A Kat walking and enjoying its freedom.

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The IPKat

JANUARY 2, 2022

We say goodbye to 2021 with the most interesting posts and articles from the surrounding IP blogs of the past week! disputes between domain names and trademarks).

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The IPKat

MAY 31, 2022

Perfect timing to take a look at what the surrounding blogs have posted over the past few days! " The Kluwer Trademark Blog provides a summary of the background and outcome of the above decisions. The Kluwer Copyright Blog reports on a recent Italian Supreme Court decision addressing this question.

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Intepat

MAY 28, 2024

Trademark dilution is like death by a thousand cuts, and it is crucial to prevent the first cut. Apple’s smart business strategies have successfully upheld the validity of its trademark, preventing it from being diluted. Notably, Apple trademarked its store design in the United States in 2011.

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Technology & Marketing Law Blog

AUGUST 11, 2022

Rebecca Tushnet and I are pleased to announce the sixth edition of our casebook, Advertising & Marketing Law: Cases & Materials. FTC and the Trademark Modernization Act. It is available for purchase in the following formats: * DRM-free PDF file. Price: $12. Price: $9.99. * Print-on-demand hard copy from Amazon.

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Kluwer Copyright Blog

DECEMBER 4, 2023

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. Top 3 Kluwer Trademark Blog posts 1) Brothers in arms. Here are the most popular posts over the past few months.

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Kashishipr

FEBRUARY 9, 2022

In the present highly competitive business environment, understanding the market trends well is imperative for the development, and eventually, the success of a particular product or service. Market research helps come across the already existing inventions that may be similar to the applicant’s invention. .

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Technology & Marketing Law Blog

JULY 17, 2023

the Supreme Court held that the Lanham Act does not reach trademark infringement that occurs outside of the United States (US). In addition, the opinion has important ramifications for domestic trademark law through its identification of “use in commerce” as the actionable domestic conduct. The same is true even in trademark treaties.

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Patent Trademark Blog

MAY 9, 2023

Why register your trademark in a foreign country? While I’ve discussed how to file foreign trademark applications , let’s dig into the why question. That means a US trademark registration does not provide the trademark owner with rights outside the United States. IP rights are territorial.

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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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The IPKat

AUGUST 19, 2021

Kluwer Trademark Blog reported here on this ruling. Other Class 46 blog shared information on a new initiative by the Chinese government. The companies on the List will be subject to stricter and more frequent inspections by market authorities. Foss Blog pondered privacy concerns when using Apple apps.

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Blogging IP Privacy Reporting 62

43(B)log

FEBRUARY 21, 2024

16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. It sued Peloton for trademark infringement and other claims after the defendant launched a new line of interactive stationary bicycles under the name “Peloton Bike+.” Peloton Interactive, Inc., 2024 WL 665181, No.

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IPilogue

SEPTEMBER 16, 2021

Founded in 2016, Los Angeles-based streetwear brand formerly known as Chinatown Market offers everything you’d need to fit in on Fairfax Avenue. Appearing on the “ Business of Hype with jeffstaple ” podcast, founder Mike Cherman cites the New York street markets that he visited as a kid as inspiration for its name. Photo from Market.

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The IPKat

OCTOBER 10, 2021

This Kat is having a haunted October This post promises to take readers around the IP blogs in eight posts. The Kluwer Copyright Blog thought it over. The current unevenness of arrangements in answer to this question from the UK and EU sides came under the spotlight , over on the Kluwer Trademark Blog.

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Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. The trademark owner memorably (and ridiculously) characterized the rival as engaging in “keyword conquesting,” a term I encourage you never to use. The court already sent that trademark claim to the jury ( my blog post on that ruling ).

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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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Trademark Registration Branding Brands 52

Kashishipr

MAY 11, 2022

A trademark refers to a recognizable expression, design, or sign uniquely identifying the products or services of a specific source and differentiating them from those of others. A trademark may be located on the packaging, voucher, label, or the product itself. Law on Color Trademarks in India.

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Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab?

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Kluwer Copyright Blog

JULY 16, 2023

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. 2) Can reporting on dupes of famous perfumes amount to trademark infringement? It will focus on the s.10(3)

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Blogging Law IP Fair Use 52

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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Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * Prior blog post. * The post 2H 2022 Quick Links, Part 1 (Marketing, Privacy) appeared first on Technology & Marketing Law Blog. FTC cracks down on live reads on the radio. * NY Times : Meta Agrees to Alter Ad Technology in Settlement With U.S. Comptroller , No. C-02-cv-02-10509 (Md.

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Technology & Marketing Law Blog

MARCH 8, 2022

[Today, Betsy Rosenblatt, Rebecca Tushnet and I sent the following letter to Congress on behalf of 26 trademark academics (here’s a PDF version ). 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.]. * * *.

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Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Defining Trademark A “trademark” is a mark which is used for a commercial purpose. How do trademarks function? Trademarks reduces the chance of confusion: Trademarks helps in preventing confusion in the minds of consumers by indicating the source and quality of the product, they are intending to use.

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Technology & Marketing Law Blog

OCTOBER 5, 2023

Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net. ” That’s true.

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Patent Trademark Blog

JULY 28, 2023

How do you start using a trademark? It seems like more than half of the battle is creating a new trademark that hasn’t already been taken. Need to file a trademark application or statement of use? What counts as trademark use for goods? The USPTO has specific requirements for trademark use on goods.

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SpicyIP

MAY 15, 2024

In case any reader is interested, this order has previously been discussed on the blog here. The same could be said about Google’s Ads program wherein it seems to have successfully charted through the trademark laws to smoothly bypass them in allowing firms to bid for their competitor’s trademark as a keyword for their advertisement.

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Kashishipr

MARCH 2, 2022

What happens after you get your mark registered as a trademark? Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Furthermore, it will also never enforce your trademark rights on your behalf.

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Kashishipr

NOVEMBER 3, 2021

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. What is Genericide of a Trademark? Genericide of a trademark occurs when it is reduced to a common term identifying a category of products.

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Kashishipr

APRIL 27, 2022

With the increase in globalization and cross-border trade, intriguing types of trademarks are trending and have become a crucial tool to signify a company’s identity. Motion Trademarks in India. The most critical aspect that may be subject to the Trademark Protection of a motion mark is the succession of images in the said mark.

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JIPEL Copyright Blog

DECEMBER 15, 2021

Trademark litigation in the fashion world is not a novel concept. For decades, Adidas has been engaging in a long list of trademark infringement cases in the US and across the world. Traditionally, trademarks and trade dress have been used to communicate price and quality information to a consumer about the goods they are purchasing.

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IPilogue

DECEMBER 1, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. Given the significance of a company’s trademarks to its brand identity, this post is dedicated to providing some insight about trademark considerations for a corporate rebrand. Trademarks.

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