Branding, Cease and Desist, Design and Trademark Law

Trademark Infringement 101: What You Need to Know to Protect Your Brand

Corsearch

FEBRUARY 22, 2024

Trademark infringement is the nightmare that keeps big brands up at night. In a world where maintaining a distinctive identity and protecting consumer trust is a constant battle, safeguarding your trademarks is crucial. What is trademark infringement? Let’s start with the basics; what is trademark infringement?

Branding

Branding Brands Branding Trademark

Airline Sues to Stop Popular Web-Scraping Service–American Airlines v. The Points Guy (Guest Blog Post)

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. On January 9th, American Airlines sent TPG a cease-and-desist letter. Of course, Facebook objected and sent a cease-and-desist letter.

Cease and Desist

Cease and Desist Blogging Contracts Social Media

Let the Chips Fall Where They May: Hershey Sues Californian Cookie Maker

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. When it comes to food designs, how far can a trademark go? On September 28, 2021 , The Hershey Co.

Cease and Desist

Cease and Desist Branding Brands Branding

Trademark Infringement in the Digital Age

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

Trademark Social Media Advertising Advertising

Understanding Copyright, Trademark and Halloween Costumes

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. First, design elements that are “physically or conceptually separate” from the article can be protected. They are part fashion, part artwork, part branding and part character.

Trademark

Trademark Copyright Cease and Desist Copying

Role of Intellectual Property in Entertainment Industry

IIPRD

FEBRUARY 6, 2024

A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment. Trademarks are essential to the entertainment industry’s ability to establish and preserve brand identification.

Intellectual Property

Intellectual Property Cease and Desist Copyright Law Music

Supreme Court Rules “That Dog Don’t Hunt”: Bad Spaniels Toy’s Use of JACK DANIELS Marks is a Poor Parody and Dilution Act Applies

Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 1125(c)(3)(A).

Fair Use

Fair Use Trademark Cease and Desist Designs

Jack Daniels Tames the Pooch – SCOTUS Reverses 9th Circuit in Trademark Infringement Case Over Dog Toys

LexBlog IP

JUNE 9, 2023

The case arose from Jack Daniel’s complaint about VIP’s sale of a dog toy designed to resemble a bottle of Jack Daniel’s whiskey. As shown below, there is no question that the VIP bottle is designed to resemble the Jack Daniels bottle, although several of the notable components are modified for comedic purposes.

Trademark

Trademark Cease and Desist Fair Use Branding

Groundless threat of trademark infringement: Is Section 142 a means to combat trademark bullying?

Selvam & Selvam Blog

MARCH 28, 2022

The trademark law firmly establishes that a trademark owner reserves the exclusive right to use the trademark and enforce the same. Such groundless threats are commonly achieved by sending cease and desist letters or legal notices threatening the recipient with legal proceedings.

Cease and Desist

Cease and Desist Trademark Due Diligence Intellectual Property

Preventing Trademark Infringement or Stifling Healthy Competition? A Look at 1-800 Contacts and its Keyword Advertising Battle

LexBlog IP

OCTOBER 25, 2021

Starting in 2004 , the Company began issuing cease-and-desist letters to competitors, demanding that they prevent their search ads from appearing in response to the keyword “1-800 Contacts.” 1-800 Contacts also claims that Warby Parker copied its website design to “ intentionally deceive and confuse ” consumers.

Advertising

Advertising Advertising Trademark Cease and Desist

China: Recycled Packaging and Trademark Infringement, a Questionable Decision in the Tsingtao Beer Case

IP Tech Blog

AUGUST 17, 2022

If, instead, this were a case of trade dress infringement, the right holder would have to file a civil lawsuit under the Unfair Competition Law and prove: a) the notoriety of its product packaging/decoration, b) the infringing act, and c) the damages. 57 of the Chinese Trademark law. 57 of the Trademark Law.

Trademark

Trademark Registering Trademarks Art Cease and Desist

SpicyIP Weekly Review (February 6- February 12)

SpicyIP

FEBRUARY 13, 2023

Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision. Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013. on Triveni Interchem Pvt.

Designs

Designs Design Trademark Cease and Desist

Supreme Court Rules “That Dog Don’t Hunt”: Bad Spaniels Toy’s Use of JACK DANIELS Marks is a Poor Parody and Dilution Act Applies

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use

Fair Use Cease and Desist Trademark Designs

Supreme Court Rules “That Dog Don’t Hunt”: Bad Spaniels Toy’s Use of JACK DANIELS Marks is a Poor Parody and Dilution Act Applies

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use

Fair Use Cease and Desist Trademark Designs

It’s Not a Bag, it’s a MetaBirkin!

IPilogue

MARCH 2, 2022

On January 14, 2022, Hermès filed a trademark infringement and dilution lawsuit against Mason Rothschild, the designer of MetaBirkin Non-Fungible Tokens (NFTs), a collection of 100 fur-covered Birkin-shaped bags, which launched in December 2021 on the NFT exchange platform OpenSea. . Trademark Protection in the Metaverse .

Cease and Desist

Cease and Desist Non-Fungible Tokens Fair Use Intellectual Property

Resolving Conflicts Between Trademark and Free Speech Rights After Jack Daniel’s v. VIP Products (Guest Blog Post)

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

Trademark Blogging Trademark Law Fair Use

Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)

Technology & Marketing Law Blog

NOVEMBER 27, 2023

I disagreed , and continue to think the Court will uphold the constitutionality of Section 2(c), but the question is what free speech doctrine(s) the Justices will use to make this determination and whether they will provide additional guidance on evaluating First Amendment challenges to trademark laws.

Registration

Registration Trademark Blogging Law

Intellectual Property Pulse

Trademark Infringement 101: What You Need to Know to Protect Your Brand

Airline Sues to Stop Popular Web-Scraping Service–American Airlines v. The Points Guy (Guest Blog Post)

Trending Sources

Let the Chips Fall Where They May: Hershey Sues Californian Cookie Maker

Trademark Infringement in the Digital Age

Understanding Copyright, Trademark and Halloween Costumes

Role of Intellectual Property in Entertainment Industry

Supreme Court Rules “That Dog Don’t Hunt”: Bad Spaniels Toy’s Use of JACK DANIELS Marks is a Poor Parody and Dilution Act Applies

Jack Daniels Tames the Pooch – SCOTUS Reverses 9th Circuit in Trademark Infringement Case Over Dog Toys

Groundless threat of trademark infringement: Is Section 142 a means to combat trademark bullying?

Preventing Trademark Infringement or Stifling Healthy Competition? A Look at 1-800 Contacts and its Keyword Advertising Battle

China: Recycled Packaging and Trademark Infringement, a Questionable Decision in the Tsingtao Beer Case

SpicyIP Weekly Review (February 6- February 12)

Supreme Court Rules “That Dog Don’t Hunt”: Bad Spaniels Toy’s Use of JACK DANIELS Marks is a Poor Parody and Dilution Act Applies

Supreme Court Rules “That Dog Don’t Hunt”: Bad Spaniels Toy’s Use of JACK DANIELS Marks is a Poor Parody and Dilution Act Applies

It’s Not a Bag, it’s a MetaBirkin!

Resolving Conflicts Between Trademark and Free Speech Rights After Jack Daniel’s v. VIP Products (Guest Blog Post)

Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)

Stay Connected