Corsearch

AUGUST 16, 2023

Have you ever felt lost in the labyrinth of legal jargon when it comes to protecting your creative works or brand identity? In this short blog we demystify the realms of copyright and trademarks, using the U.S. Unlike copyright, trademarks are all about the name game. Do you need to register your trademark?

Trademark 52

Trademark Copyright Branding Brands 52

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

Kashishipr

AUGUST 17, 2022

Therefore, content creators and social media influencers must understand that their unique and creative content is easily accessible to millions of social media users and can be easily copied. Trademarks – A trademark helps identify, indicate, classify, and differentiate the source of products or services of one from those of others.

Social Media 52

Social Media Intellectual Property Registration Branding 52

IPilogue

OCTOBER 28, 2021

In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. Supreme Court case, Star Athletica, LLC v Varsity Brands, Inc.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

IIPRD

FEBRUARY 6, 2024

Copy Right Law in the Entertainment Industry The cornerstone of intellectual property protection in the entertainment sector is copyright law. Creators need to comprehend the fundamentals of copyright law to safeguard their creations and negotiate licensing and distribution contracts with skill.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

IP and Legal Filings

SEPTEMBER 17, 2021

For the same reason, several famous designers in India such as Anju Modi, Rohit Bal, Anita Dongre, and Masaba Gupta have legally protected their designs to avoid the creation of counterfeit apparel, copies, or knock-offs of their designs by unauthorized parties. Such technologies add to the uniqueness and image of a particular brand.

Designs 69

Designs Design Artistic Work Technology 69

IP and Legal Filings

SEPTEMBER 3, 2021

Surprisingly enough, store layouts play a crucial role in boosting the brand image, consumer favourableness and profitability of the business. There are numerous advantages of registering store layouts as a trademark. For one, it could add to the reputation, goodwill and brand image of a particular business.

Trademark 52

Trademark Branding Brands Branding 52

Intepat

JULY 4, 2023

Given YouTube’s aforementioned popularity, protecting brands from unauthorized use or reproduction on the platform becomes essential. Since the brand value is often connected to YouTube Business, trademark registration increases the value of the YouTube brand. What constitutes a YouTube Trademark Infringement?

Trademark 52

Trademark Social Media Branding Brands 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

Kashishipr

DECEMBER 15, 2021

Trademarks indicate the origin of a product. While they commonly consist of a brand name or logo, the shape of a product may also be an indication of its origin. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. Registration took two years.

Trademark 105

Trademark Intellectual Property Registration Designs 105

The IP Law Blog

MARCH 5, 2021

Ironically, the more popular a trademark becomes, the more likely it is that a trademark will become generic, causing the trademark owner to lose its exclusive right to use and protect the trademark. Once a mark becomes generic, it loses its trademark protection and becomes available to the public.

Trademark 85

Trademark Branding Brands Branding 85

Intepat

MAY 16, 2023

If the property of a person can be protected, likewise, when a popular celebrity like Amitabh Bachchan faces possible harm regarding his brand, the same can be protected under his right to publicity. Through various case laws, the scope of publicity rights has been expanded by the Indian judiciary. Under this Act, Sec.

Branding 98

Branding Brands Branding Personality Rights 98

43(B)log

JANUARY 27, 2023

Spiralverse removed the original paperback glue bindings from the copies it purchased, punched holes in the pages, and installed spiral bindings. Spiralverse listed its modified copies for sale on Amazon at prices of $29.99 It’s desirable for making it easier to turn pages for performance etc. Was this literally false?

Derivative Work 75

Derivative Work False Advertising Advertising Advertising 75

The TTABlog

JANUARY 4, 2023

trademark law intersects with international treaties, administrative law, and international relations. At the heart of each dispute is the question of the status of trademarks not used in the U.S. If this grounds for cancellation sounds unlike anything you’ve ever heard of in trademark law, you are not alone.

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Registration Trademark Law Trademark Branding 78

LexBlog IP

OCTOBER 25, 2021

The brand thrived by pioneering a “Home Try-On” program which allows customers to select five frames to be shipped to them for free, and then the customer has five days to try out the frames before returning them to the company. Michaela Cappucci is a second-year law student at Wake Forest University School of Law.

Advertising 52

Advertising Advertising Trademark Cease and Desist 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. On the other hand, the Trademark Law allows two or more registered owners or concurrent users of similar marks. Also, their use was concerning identical goods. Defendant’s Response.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

IP and Legal Filings

MARCH 28, 2023

Marks that are so well-known, highly regarded, or famous that governments have determined they warrant protection regardless of whether their unauthorised use is likely to lead to consumer confusion are protected by trademark dilution. This is known as trademark dilution. Blurring Tarnishing 1.Blurring Haute Diggity Dog. [4]

Trademark 68

Trademark Branding Brands Branding 68

IP and Legal Filings

SEPTEMBER 8, 2023

Misutilisation Of ‘Smell’ In Trademarks Till date it is clearly apparent that no laws regarding the protection of ‘smell’ in trademarks have come into survival in India.The doctrine of functionality in trademark law states that a product’s functional characteristic does not count for trademark.

Trademark 52

Trademark Registration Marketing Marketing 52

LexBlog IP

MARCH 28, 2023

Now, as a practical matter, parodies won’t confuse when differences in marks, markets, or message, typically ridicule, signal that the brand company didn’t make the joke. But absent these features, pervasive copying and trading off a brand’s goodwill tends to confuse. The argument got spirited quickly. I had a dog. BLATT: Okay.

Branding 52

Branding Brands Branding Trademark 52

The IPKat

JANUARY 27, 2022

In any event, the decision underscores that the principle of territoriality cannot be avoided even by the most iconic world-wide brands. In terms of trademark law, yes. The decision also reminds that each jurisdiction fashions its own requirements regarding proof of acquired distinctiveness, especially consumer perception.

Trademark 138

Trademark Registration Marketing Marketing 138

LexBlog IP

MARCH 28, 2023

Now, as a practical matter, parodies won’t confuse when differences in marks, markets, or message, typically ridicule, signal that the brand company didn’t make the joke. But absent these features, pervasive copying and trading off a brand’s goodwill tends to confuse. I had a dog. I know something about dogs.

Branding 52

Branding Brands Branding Trademark 52

43(B)log

FEBRUARY 19, 2022

NAACP—these courts very clearly say that trademark law applies to commercial speech, defined as it is in First Amendment case law, and not to noncommercial speech. Some of the work is also done by the idea that trademark control extends only to the name/logo of a congregation and not to other elements of worship.

Trademark Law 72

Trademark Law Trademark Art Branding 72

LexBlog IP

APRIL 19, 2023

“Trade dress” is a subsection of trademark law and protects the design and shape of a product or its packaging, again to identify the source of the product. A common pitfall for Amazon sellers is copying and pasting content from other websites or products (e.g.,

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

LexBlog IP

SEPTEMBER 15, 2021

The Court of Appeals affirmed the previous decision of the district court which found that Australian Leather had wilfully infringed Deckers’ “UGG” trademarks by selling less than 15 pairs of UGG branded boots in the U.S., However, on 7 May 2021, the U.S.

Trademark 52

Trademark Registration Branding Brands 52

Copyright Lately

MAY 1, 2023

The comments from Michael Nash quoted above really only speak to the input phase, during which audio recordings are copied to a dataset that’s then used to train a voice model. It isn’t human-readable and does not contain copies of any audio recordings. But once created, the voice model is just a set of parameters.

Music 87

Music Copyright Copying Copyright Law 87

IP and Legal Filings

JUNE 12, 2023

To do this, food firms invest a lot of money in developing and promoting distinctive brands and are increasingly turning to intellectual property (IP) protection as a means of establishing or maintaining their leadership in the industry. IP provides a wide range of tools that can help businesses stand apart from the competitors.

IP 73

IP Intellectual Property Trademark Designs 73

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

Patently-O

SEPTEMBER 17, 2023

The Federal Circuit’s pair of decisions provide guidance on how logos factor into the design patent infringement inquiry, and begin to tease-out differences in policy concerns underlying design patent law versus trademark law. Columbia Sportswear N. Seirus Innovative Accessories, Inc. , 3d 1119 (Fed.

Design Patent 70

Design Patent Patent Infringement Designs Design 70

43(B)log

DECEMBER 1, 2022

Deliberate copying was irrelevant. In a Rogers case, intentional copying alone cannot justify an inference of copying with intent to confuse, even if that can occur in cases that don’t “implicate” the First Amendment. “[I]n This justification is at least consistent with the core idea of trademark law.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

IIPRD

JUNE 14, 2021

Right from the lanes of Delhi’s Sarojini Nagar, to the high-end fashion brands like Manish Malhotra and Sabyasachi, the people of the country have dynamic tastes and never-ending interests! A similar problem has been in existence since time immemorial and continues to act as a termite in the world of fashion. Piracy and Fashion Design.

Intellectual Property 40

Intellectual Property Artistic Work Designs Design 40

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. Delhi High Court Imposes Costs worth INR 2 Cr. for Disobeying Interim Injunction Praharsh highlighted the order from Delhi High Court whereby the court imposed costs worth INR 2 Cr.

Designs 52

Designs Design Trademark Cease and Desist 52

The IP Law Blog

DECEMBER 23, 2021

Supporting its tarnishment claim, Jack claims that FTX’s Moon Man is a poorer quality copy or derivation of the Jack in the Box character and that FTX’s use of its Moon Man in advertising has tarnished Jack’s reputation, and/or blurred consumers’ association of Jack’s “Jack” with FTX’s shoddy Moon Man.

Trademark 98

Trademark Advertising Advertising Copying 98

LexBlog IP

JUNE 20, 2023

7 Brand Tennessee Sour Mash Whiskey” turns into “The Old No. It owns trademarks in the distinctive Jack Daniel’s bottle and in many of the words and graphics on the label. The trademark law provides that the “noncommercial” use of a mark cannot count as dilution. Though not entirely.

Trademark 40

Trademark Designs Design Fair Use 40

IIPRD

OCTOBER 14, 2022

Since FinTech is a dynamic concept and originated from the intellectual labour of its creator, the chief question running in the minds of stakeholders is “How to protect their work from copying”? Concerning infringement, a trademark is abused when a person adopts a corporation’s domain name without authorization. CONCLUSION.

Intellectual Property 52

Intellectual Property Confidentiality Copyright Technology 52

43(B)log

JUNE 24, 2022

RT: I would say lots of courts in © also try to reduce merger to meaning that you can do anything but copy verbatim, which is a narrowing that many courts in TM don’t bother with, though some variants of Rogers v. Davis: we’re talking about brands: if you become a brand, getting aesthetic and emotional meanings, should you lose your TM?

Trademark Law 75

Trademark Law Law Trademark Registration 75

Technology & Marketing Law Blog

JANUARY 8, 2024

I raised this taxonomical issue with the Network Automation case , which involved niche-y job scheduler software where a consumer who is new to the niche might not know the various brands when starting a search. the rival included ad copy telling consumers they were buying the trademark owner’s items when they weren’t.

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Trademark Advertising Advertising False Advertising 78

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. There have been some court decisions on this precise topic, but the law is not completely settled. But what rights do you have to what it creates for you? Not yet, anyway.

Designs 52

Designs Design Trademark Copyright 52