The IP Law Blog

FEBRUARY 10, 2022

In this episode of The Briefing from the IP Law Blog , Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit that was filed against a beauty influencer for a sponsored post she shared on social media. Watch this episode on the Weintraub YouTube channel, here.

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Social Media Trademark Blogging IP 52

Technology & Marketing Law Blog

MAY 30, 2023

The categorization of social media accounts into “business” and “personal” accounts was a hot issue a decade ago, when states across the country passed laws to protect employees from invasive employer demands to access or control their personal social media accounts. See Musk, Elon).

Social Media 85

Social Media Ownership Marketing Marketing 85

IP Tech Blog

MAY 15, 2023

A track called “ Heart on My Sleeve ” went viral recently on social media with lead vocals sounding eerily similar to a certain crooner known for his lovelorn lyrics. Promoting the track using Drake or The Weeknd’s names would likely run afoul of trademark law, given that consumers could be confused as to the source of the music.

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Copyright Music Social Media Art 125

IPilogue

MARCH 20, 2023

The motion court first hearing the case misapplied the fundamental principles of trademark law. because they were the first to file a trademark application for “Bombay Frankies” despite not having yet used the mark. The motion court granted the injunction to 2788610 Ontario Inc.

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Trademark Social Media Registering Trademarks Trademark Law 105

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

JANUARY 12, 2022

All ardent social media users are aware of the latest trend of using hashtags to spread the word across a wide range of users for bolstering consumer engagement. 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

Intepat

JULY 4, 2023

While YouTube seeks to protect the IP rights of the trademark holder, they only provide a minimal investigation of the complaint. However, in addition to these limited measures, the trademark laws in India provide the following comprehensive remedies for trademark infringement. Dabur India Limited (“Dabur”) v.

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Trademark Social Media Branding Brands 52

Garrigues Blog

OCTOBER 25, 2021

Right now we are living the intangibles revolution: social media, online shopping, on screen greetings, audio messages and meetings via platforms. 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.

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

IPilogue

OCTOBER 28, 2021

Scary Issues with Licensing and Trademarks. Although costumes are generally not afforded copyright protection, trademark laws still prevent retailers from selling and marketing unlicensed versions of costumes using the names which they are based on. It appears in the U.S.,

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

43(B)log

FEBRUARY 16, 2023

22, 2022) This is a super messy case with a lot going on; I’m going to blog about it mainly to highlight a new thing you can apparently do with a trademark application , which is use it on non-Amazon platforms to gain advantages. Jones is “a social media influencer, media personality, and celebrity gossip blogger.”

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False Advertising Trademark Registration Advertising 87

SpicyIP

MARCH 10, 2023

Varsha is a lawyer based in Delhi and is a graduate of Hidayatullah National Law University, Raipur. Her previous posts on the blog can be viewed here , here , here and here. ChatGPT and the Underlying Copyright Malady Varsha Jhavar Original meme from here For a while now, ChatGPT has been making headlines.

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Copyright Copyright Law Ownership Copyright Infringement 105

Intepat

MAY 16, 2023

A fraudulent lottery-winning message with Amitabh Bachchan’s voice from KBC was viral through various social media platforms and many people fell into this trap. Through various case laws, the scope of publicity rights has been expanded by the Indian judiciary. Under this Act, Sec.

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Branding Brands Branding Personality Rights 98

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

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IP Intellectual Property Social Media Cease and Desist 98

43(B)log

FEBRUARY 17, 2022

One of Elysium’s counterclaims was based on statements that appeared on a blog, Right of Assembly, upwards of 20 times: ChromaDex isn’t allowed to say that NR treats any disease, because the FDA has not approved that. However, Elysium didn’t show that all the pages of the blog had a Tru Niagen banner, only the homepage. [I

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Advertising Advertising False Advertising Marketing 80

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Once a brand becomes popular, it is no longer necessary to use the actual brand name in posters and other forms of marketing; this may be accomplished by simply writing the product’s information with the trademark sign and flashing it on social media and other sites to increase its popularity.

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Business Trademark Registration Cease and Desist 52

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. 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. For more visit: [link].

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Registration Trademark Branding Brands 105

Intepat

JUNE 7, 2024

Traditionally, trademarks encompassed fundamental elements such as plain words, logos, and designs, serving as unequivocal identifiers of the origin of goods and services. The use of color as a distinguishing element under trademark law is subject to a number of requirements.

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Trademark Branding Brands Branding 52

IPilogue

DECEMBER 17, 2021

However, British artist Stuart Semple considers Tiffany Blue as being held captive through trademark law. Semple has been “liberating colours since 2016” , with previous paints replicating trademarked colours including International Klein Blue , T-Mobile Magenta , and Blackest Black.

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Trademark Social Media Art Ownership 112

azrights

MAY 3, 2022

Any new media company doing work customers want, such as websites or social media, can and does add on a branding service to their offerings. I soon discovered that the branding industry is a minefield with conflicting advice and multiple disciplines. There are a wide range of companies offering branding services.

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Branding Brands Branding Registration 119

IP and Legal Filings

FEBRUARY 20, 2024

However, it may be more appropriate to consider trademark law as a comparable framework for comprehending the extent of the personality right. Content made with Deepfake AI technology is abundant on social media sites; in fact, many producers exclusively use it for their work. Stanford Law Review , 58 (4), 1161–1220.

Personality Rights 61

Personality Rights Privacy Social Media Intellectual Property 61

SpicyIP

JANUARY 2, 2022

The Supreme Court looked into a wide variety of issues such as oxygen and Covid-19 drugs shortage, equitable pricing of vaccines, protection of health workers, possibility of invoking compulsory licenses and the clampdown on free speech on social media platforms. Revocation of Pepsico’s PVP certificate by the PPV & FR Authority.

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IP Intellectual Property Copyright Trademark 143

Technology & Marketing Law Blog

JUNE 21, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. 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.] By Guest Blogger Lisa P. Ramsey [Lisa P.

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Trademark Blogging Trademark Law Fair Use 103

Technology & Marketing Law Blog

JANUARY 28, 2022

For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”. It did not specifically address ownership of social media accounts. Gutman signed an employment agreement with JLM.

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Social Media Ownership Contracts Privacy 94

JD Supra Law

NOVEMBER 6, 2023

trademark law, Vidal v. Patent and Trademark Office (USPTO) to register the phrase TRUMP TOO SMALL as a trademark violates the free speech right under the First Amendment. Patent and Trademark Office (USPTO) to register the phrase TRUMP TOO SMALL as a trademark violates the free speech right under the First Amendment.

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Social Media Trademark Trademark Law Blogging 72

SpicyIP

DECEMBER 30, 2023

The difficulty in balancing the delicately poised sides in this issue, together with the history of so few patent cases taking so long to go all the way through trial (thus making the interim injunction a de-facto ‘result’ instead of an interim measure) is an issue that has been discussed several times on the blog earlier (eg here and here ).

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IP Copyright Trademark Intellectual Property 124