SpicyIP

JULY 2, 2021

Since there are many companies in the world and there are only a handful of shapes and designs that can be used in any standard logo, there should be considerable flexibility in the copyright and trademark law. Further, the two brands are in different sectors. The logos of both the brands were made up of two silver chevrons.

Branding 66

Branding Brands Branding Trademark 66

The IP Law Blog

MAY 27, 2021

However, Modelo Grupo (“Modelo”) and Constellation Brands (“Constellation”) would say there is a lot riding on the answer. Modelo, whose parent is Anheuser-Busch InBev (“AB”), created the Corona brand. Based on its popularity, most would say, “Who cares whether hard seltzer is beer, just give me one.”

Licensing 103

Licensing Branding Brands Branding 103

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

Kashishipr

SEPTEMBER 20, 2021

According to SSPL, this practice was dishonest as it could make NTC benefit from the reputation and goodwill of SSPL’s brand name. The argument that copyright protection and trademark registration were two different things and lacked connection and that an individual or entity couldn’t own both was wholly incorrect.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

Technology & Marketing Law Blog

AUGUST 5, 2022

Gutman opened both accounts after she entered into the employment contract with JLM. The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” The contract term was set to expire in August 2022, and thus the injunction would be dissolved as well.

Social Media 98

Social Media Ownership Branding Brands 98

Garrigues Blog

OCTOBER 25, 2021

What’s the point of giving brand ambassadors the material product, if by simply sending them an online file, they can wear the jacket promoting the brand in their Instagram stories, just as if they were physically wearing the garment? Think for example of influencers. Image rights of avatars. And why not go even further.

Non-Fungible Tokens 59

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

Technology & Marketing Law Blog

MARCH 10, 2022

Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. The claims were unsuccessful, and I speculated that the church may have had better luck if it had a viable trademark or a contract claim, neither of which it had.

Social Media 79

Social Media Contracts Ownership Business 79

LexBlog IP

JULY 5, 2023

On June 29, 2023, the Supreme Court adopted a restrictive view of the extraterritorial application of the Lanham Act, holding that federal trademark law cannot support a claim for trademark infringement against solely foreign conduct. The case is Abitron Austria GmbH v. Hetronic International, Inc.

Trademark 52

Trademark Marketing Marketing Contracts 52

Technology & Marketing Law Blog

JANUARY 24, 2024

Monaghan Trademark Owner Sues Over Alleged Twittersquatting–Coventry First, LLC v. Does Steps Brand Owners Can Take to Deal With Brandjacking on Social Networks Battle Over LinkedIn Account Between Employer and Employee Largely Gutted–Eagle v. CH When Does A Parody Twitter Account Constitute Criminal Identity Theft?–Sims

Social Media 79

Social Media Ownership Designs Design 79

SpicyIP

MAY 18, 2022

From a trademark law perspective, however, the decision as to whether or not such a separate classification is necessary will depend on consumer experience with these goods and whether consumers perceive these ‘virtual goods’ as definable and having inherent value. But it is equipped to efficiently deal with new workload?

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

Erik K Pelton

MARCH 11, 2022

As a trademark law firm, we represent a wide array of clients but predominantly focus on helping small business owners protect their intellectual property. In recent years, trademark scams have proliferated and become increasingly problematic, particularly for small business owners. About Erik M. Pelton & Associates, PLLC.

Government 147

Government Business Trademark Blogging 147

Technology & Marketing Law Blog

OCTOBER 19, 2021

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Implied-in-Law Contract/Unjust Enrichment.

Licensing 88

Licensing Copyright Contracts Advertising 88

SpicyIP

NOVEMBER 8, 2023

So … Prashant’s post was followed by a detailed post on Adwords and Trademark Law cautioning that a traditional interpretation of “use in commerce” could jeopardize the rights of trademark owners, given the evolving business models. DRS , where the court held that ad-words are not inherently violative of trademark rights.

Trademark 59

Trademark Publishing Journalism Copyright 59

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 80

Trademark Non-Fungible Tokens Branding Brands 80

Intepat

MAY 12, 2023

The Madrid Protocol allows a brand to protect itself on an international level and gives a user-friendly, cost- effective and expeditious set of procedures in a single application. Not all states are contracting parties under the Madrid Protocol, such as Hong Kong, Afghanistan, Bangladesh, Nepal, Pakistan, etc.

Registration 52

Registration Branding Brands Branding 52

LexBlog IP

JANUARY 22, 2022

We recently spoke with Omolara (Lara) Kayode about brand protection in Nigeria. Kayode & Co, a boutique IP law firm with offices in Lagos and Abuja, Nigeria. Lara is a leader in Africa trademark law, and represents the interests of numerous international companies in counterfeit enforcement and brand protection matters.

Trademark 52

Trademark Registration Branding Brands 52

LexBlog IP

JANUARY 22, 2022

We recently spoke with Omalara (Lara) Kayode , about brand protection in Nigeria. Kayode & Co, a boutique IP law firm with offices in Lagos and Abuja, Nigeria. Lara is a leader in Africa trademark law, and represents the interests of numerous international companies in counterfeit enforcement and brand protection matters.

Trademark 52

Trademark Registration Branding Brands 52

SpicyIP

JANUARY 2, 2022

In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. The Division Bench reiterated that what makes something a trademark is the power to distinguish a product from others.

IP 143

IP Intellectual Property Copyright Trademark 143

IP and Legal Filings

FEBRUARY 20, 2024

The complaint claims that artificial intelligence-created deepfakes of Anil Kapoor and his name-branded websites defraud customers. However, it may be more appropriate to consider trademark law as a comparable framework for comprehending the extent of the personality right. National Law School of India Review , 31 (1), 125–148.

Personality Rights 61

Personality Rights Privacy Social Media Intellectual Property 61

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

FEBRUARY 3, 2023

Rierson, Trademark Law and the Creep of Legal Formalism Various rules w/in TM law have been codified that we seem to be treating more as formalistic labels or bright line rules when a more practical approach is preferable in TM context instead of leaning on labels. Interested in sellers’ understanding of the contracts.

False Advertising 45

False Advertising Trademark Advertising Advertising 45

Technology & Marketing Law Blog

JANUARY 28, 2022

The posts promoted JLM’s “Hayley Paige brand,” but also included photos of Gutman with her dog and her “reflections on a recently released Star Wars movie trailer.” At some point, the parties discussed revisiting the contract terms; these discussions ended up blowing up the relationship.

Social Media 89

Social Media Ownership Contracts Privacy 89

43(B)log

OCTOBER 4, 2021

30, 2021) Plaintiff Daniel Abrahams formerly contracted with a publisher to author a series related to the Fair Labor Standards Act. Both parties used marks for graduation-themed books but the defendant added expressive content to the work beyond the mark itself, so Rogers protected this book from trademark infringement claims.

IP 94

IP Trademark Advertising Advertising 94