LexBlog IP

MARCH 9, 2023

The highly anticipated jury verdict in the Hermès litigation over MetaBirkins NFTs has some important takeaways for both artists and sellers of NFTs as well as brand owners. Below are some takeaways for both artists and sellers of NFTs, as well as brand owners. That is not true. ” ( Id. at *17-18.) ” ( Id.

Litigation 52

Litigation Artistic Work Branding Brands 52

JD Supra Law

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose. By: Weintraub Tobin

Trademark 52

Trademark Law Trademark Law Branding 52

IP Tech Blog

NOVEMBER 30, 2022

Thus, Punchbowl ’s true impact on trademark law will likely be delayed until resolution of Jack Daniel’s. Nevertheless, in the meantime, Punchbowl remains the law in the Ninth Circuit, which has one of the highest number of trademark infringement filings, as documented by the US Judiciary. The case is Punchbowl Inc.

Branding 57

Branding Brands Branding Fair Use 57

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Corporations must establish online identities, such as logos, slogans, product names, and brands, to build consumer awareness, loyalty, and trust.

Trademark 86

Trademark Social Media Advertising Advertising 86

SpicyIP

JANUARY 30, 2024

What if we tell you that there is a drug that is used for treating diabetes, but has a similar/ almost identical brand name as another drug used for treating a type of cancer. Eerily the issue of similar brand names for different drugs treating different ailments is pretty common in India. Surprising, isn’t it?

Branding 116

Branding Brands Branding Social Media 116

Kluwer Copyright Blog

MARCH 1, 2023

In a twist, however, it is not copyright law, but rather an expansive view of trademark law, that poses this threat. Jack Daniels asserts that the Bad Spaniels toy infringes on its trademark and dilutes its brand. Trademarks are a cornerstone of our shared cultural vernacular. Supreme Court, Jack Daniels v.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 52

43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? A membership group might not have brand value (Happy Valley PTA example) v signaling I can afford LV, which does depend on brand value). For example, embedded within analysis of likely confusion factors? In the fair use calculus?

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

Patently-O

JULY 19, 2023

Unlike patent and copyright, trademarks and trade secrets continue to be concurrent and overlapping, meaning that state rights continue to exist and be enforceable alongside the federal right. It is common for litigation to assert both. And, that person’s brand is their name, image, and likeness. What do you think?

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

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 121

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).

Due Diligence 52

Due Diligence Intellectual Property Branding Brands 52

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Defining Trademark A “trademark” is a mark which is used for a commercial purpose. It is also called a brand name because it contains names, symbols, logos, and taglines that help to identify and differentiate a company’s goods and services from those of others. How do trademarks function?

Business 52

Business Trademark Registration Cease and Desist 52

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.

IP 127

IP Advertising Advertising Trademark Law 127

IPilogue

SEPTEMBER 17, 2021

Staple, who has a history of working for Nike and is the registered owner of the Staple Pigeon brand (seen on Lotas shoes), was left out of the litigation between Nike and Lotas. This is strange, as he was a co-partner in the Lotas product and his trademark pigeon is part of the trade dress of the allegedly infringing shoe.

Trademark 106

Trademark Branding Brands Branding 106

The IP Law Blog

SEPTEMBER 1, 2022

In short, the fashion brand contends that Mrs. Bieber’s use of Rhode in connection with skin care products is likely to create consumer confusion, despite the fact that their federal trademark registration does not include skin care products. Bieber in the United States District Court for the Southern District of New York.

Branding 98

Branding Brands Branding Trademark 98

IP Tech Blog

MARCH 23, 2022

Whilst the SPB Team does not blindly follow trends, we are advising all our trademark clients (even the more “conservative” ones) now to file trademarks covering goods and services related to the Metaverse. Here is why: New opportunities for growing your brand. Why you need new trademark registrations now.

Trademark 57

Trademark Branding Brands Branding 57

IP and Legal Filings

OCTOBER 26, 2023

Off late these instances of trademark bullying has been a concern and persistent problem in many countries with large entities targeting the small enterprises just for the sake of business gains. This is generally done by giant corporations and brand names to survive the competition and swallow the small businesses for gains.

Cease and Desist 98

Cease and Desist Trademark Registering Trademarks Business 98

LexBlog IP

MARCH 23, 2022

Whilst the SPB Team does not blindly follow trends, we are advising all our trademark clients (even the more “conservative” ones) now to file trademarks covering goods and services related to the Metaverse. Here is why: New opportunities for growing your brand. Why you need new trademark registrations now.

Trademark 52

Trademark Branding Brands Branding 52

LexBlog IP

MARCH 24, 2023

On Wednesday, March 22, the Supreme Court heard a case for the dogs — and trademark law. sued dog toy parody company VIP Products LLC for trademark infringement and dilution over VIP’s Bad Spaniels dog toy , which is a plush toy resembling the Jack Daniel’s Old No. 7 Tennessee whiskey bottle.

Trademark 52

Trademark Branding Brands Branding 52

Kashishipr

MARCH 2, 2022

Therefore, we can say that failing to safeguard your registered trademark adequately would lead you at risk of forfeiting your exclusive rights. You may see your trademark rights getting diluted and possibly canceled through litigation. Escalator, Trampoline, and Aspirin – Do you know what all these brands have in common?

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

IIPRD

OCTOBER 28, 2023

However, outside the realm of brand marketing, when celebrities make use of a phrase, to the point of it becoming associated to them, it becomes a catchphrase of their own. Positionin India Indian judicial position regarding copyright and trademark of celebrity catchphrases is not clear. For instance, in the U.S.A.,

Copyright Law 59

Copyright Law Branding Brands Branding 59

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.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

The IP Law Blog

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose.

Trademark 52

Trademark Law Branding Brands 52

Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Halloween costumes sit at an interesting and muddled intersection between copyright and trademark law. They are part fashion, part artwork, part branding and part character.

Trademark 241

Trademark Copyright Cease and Desist Copying 241

SpicyIP

AUGUST 20, 2023

Aditya is an attorney at Ira Law and represents Google in trademark litigation relating to keyword advertising. He graduated from National Law University, Jodhpur and then pursued a masters in law from Harvard Law School. DRS Logistics.

Advertising 97

Advertising Advertising Trademark Branding 97

Technology & Marketing Law Blog

APRIL 3, 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 was one of the signatories of the First Amendment Professors amicus brief filed in Jack Daniel’s Properties, Inc. The expense of litigation may chill speech.

Blogging 103

Blogging Trademark Fair Use Trademark Law 103

LexBlog IP

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” ” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose.

Trademark 52

Trademark Law Branding Brands 52

The TTABlog

JANUARY 4, 2023

I should disclose that I was involved in this litigation in the 1990s and even I have a hard time keeping all of these decisions straight. trademark law intersects with international treaties, administrative law, and international relations. and international trademark law.

Registration 78

Registration Trademark Law Trademark Branding 78

Fish & Richardson Trademark & Copyright Thoughts

APRIL 6, 2022

World Trademark Review selected the firm and individuals for recognition in its WTR 1000 rankings, and Managing IP recognized the firm’s trademark practice in its 2022 IP Stars publication. World Trademark Review. Managing IP released its 2022 trademark rankings, recognizing the world’s most prominent trademark practices.

Trademark 52

Trademark IP Trademark Law Branding 52

Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. Trademark rights can be even more confusing to navigate in the world of NFTs. How are Trademarks Used?

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

SpicyIP

SEPTEMBER 26, 2021

VA’ are not visually, phonetically or structurally similar as the Defendant’s mark consists of the words ‘RAMPUR’, which is the brand name, followed by ‘AS?VA’, VA’, which is the sub-brand. Functioning as a Trademark. VA as a trademark in itself. If a sub-brand performs the function, as AS?VA VA’ as well.

Branding 118

Branding Brands Branding Trademark 118

IPilogue

OCTOBER 28, 2021

Supreme Court case, Star Athletica, LLC v Varsity Brands, Inc. 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.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

Technology & Marketing Law Blog

AUGUST 5, 2022

Compared to most social media ownership disputes, this case has featured extensive litigation, including an appeal, revised injunction, a contempt motion, and now, a motion to modify the scope of the preliminary injunction. The dispute is interesting in many ways–especially the fact that it’s been this heavily litigated.

Social Media 99

Social Media Ownership Branding Brands 99

IP and Legal Filings

FEBRUARY 7, 2023

This demonstrates the succinctness and simplicity of the Metaverse’s trademarking mechanism. Their rights will be protected thanks to the metaverse brands’ trademarks. By deterring rip offs, trademarks safeguard a company’s identity and the repute of its brand(s), especially in the Metaverse.

Trademark 83

Trademark Non-Fungible Tokens Branding Brands 83

LexBlog IP

FEBRUARY 16, 2022

The artist in the Hermes lawsuit branded his images MetaBirkins and is attempting to sell them on various internet sites using MetaBirkins as a brand name. Hermes is suing the artist for trademark infringement, trademark dilution, and cybersquatting. Artists and creators can monetize ownership of their digital creations.

Art 52

Art Non-Fungible Tokens Intellectual Property Ownership 52

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.

Registration 120

Registration Blogging Trademark Privacy 120

LexBlog IP

SEPTEMBER 1, 2023

the mixers’ head and L-shaped pedestals including a base portion and an upstanding support arm) are functional and under the functionality doctrine of trademark law, are therefore not protectable. For example, Shenzhen’s mixers have other distinguishable features, like additional nobs and visible branding.

Trademark 52

Trademark Designs Design Registration 52

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.

Trademark 52

Trademark Designs Design Marketing 52