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.

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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.

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Trademark Social Media Advertising Advertising 84

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 120

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).

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Due Diligence Intellectual Property Branding Brands 52

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.

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Trademark Branding Brands Branding 106

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.

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IP Advertising Advertising Trademark Law 126

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.

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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.

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Cease and Desist Trademark Registering Trademarks Business 95

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

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?

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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

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.

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Trademark Copyright Cease and Desist Copying 239

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.

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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 102

Blogging Trademark Fair Use Trademark Law 102

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.

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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.

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Registration Trademark Law Trademark Branding 78

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?

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Non-Fungible Tokens Copyright Law Trademark Copyright 49

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.

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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.

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Social Media Ownership Branding Brands 98

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.

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Art Non-Fungible Tokens Intellectual Property Ownership 52

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.

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Trademark Designs Design Marketing 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 26, 2021

Fish & Richardson has been recognized as a top national trademark law firm for the 11 th consecutive year by World Trademark Review ( WTR ) 1000. The publication added that “the firm has been protecting illustrious brands for many decades, with an unswerving commitment to providing an efficient, high-quality service.”. “We

Trademark 40

Trademark Due Diligence Intellectual Property Litigation 40

SpicyIP

FEBRUARY 22, 2023

Battle of the Firms – The Irony of IP Law Firms Being Sued for Trademark Infringement Niyati Prabhu It is well known that companies across the world take their brands seriously and deploy law firms in order to safeguard their intellectual properties, be it their names, slogans, brands, taglines, marketing tools and (even phone numbers ).

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Trademark Law IP Intellectual Property 98

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

IP and Legal Filings

MAY 17, 2022

As a part of our comprehensive service, we conduct searches for the official trademark registry and also on the internet to determine whether or not the potential trademark is identical or confusingly similar to other registered trademarks. This being an important part makes the brand owner avoid any further litigation.

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Registration Trademark Trademark Law Publishing 52

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. This can lead to expensive “false marketing” litigation. Registering trademarks with the U.S.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

Likelihood of Confusion

SEPTEMBER 15, 2023

One of my favorite ever topics here on LOC has been the litigation brought by the University of Alabama against painter Daniel Moore for unauthorized artistic depiction of trademarks. The post More, more, Moore! appeared first on LIKELIHOOD OF CONFUSION™.

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Litigation Trademark Fair Use Branding 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. She continued: “Parodies can be confusing. I had a dog. BLATT: Okay.

Branding 52

Branding Brands Branding Trademark 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.

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Branding Brands Branding Trademark 52

The TTABlog

AUGUST 30, 2023

SS Vape Brands, Inc. If that were the case, having a famous mark would entitle the owner to a right in gross, and that is against the principles of trademark law." The vape/smoke shops offer Opposer’s MONSTER and MONSTER ENERGY beverages in coolers displaying third-party brand names (e.g., Monster Energy Company v.

Designs 57

Designs Design Branding Brands 57

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. With all that, the first battle in this litigation will be the question of where to litigate it.

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Cease and Desist Blogging Contracts Social Media 121

Likelihood of Confusion

MARCH 10, 2024

The Korea Times reports that perpetual trademark litigation plaintiff Starbucks has lost two in a row to South Korea’s Elpreya company, which features a line of coffee utilizing the word STARPREYA and the above confusingly similar (says LIKELIHOOD OF CONFUSION®) logo. No likelihood of confusion here? That’s bad enough.

Litigation 52

Litigation Reporting Trademark Branding 52

Traverse Legal Blog

MAY 1, 2022

Traverse Legal’s Attorneys are globally recognized for their experience and results in the legal areas of: Complex Litigation , Internet Law , Trademark Law , Business Law and more. Contact us today for more information about our social media, brand and influencer legal services. Article updated May 2022.

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Trademark Due Diligence Intellectual Property Social Media 59