IPilogue

NOVEMBER 22, 2022

While Bolt’s trademark registration is for the design mark rather than the pose, the use of poses and gestures in branding can potentially bring a new wave of “unusual” trademarks, especially as social media and technology have spread previously unthought-of but recognizable traits.

Trademark 59

Trademark Social Media Branding Brands 59

SpicyIP

AUGUST 31, 2023

Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. If you have come across such ads and have wondered whether such use of a mark infringes the mark of the luxury brand, then you are not alone.

Trademark 111

Trademark Advertising Advertising Branding 111

Technology & Marketing Law Blog

MARCH 10, 2022

Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. Moore, Find Out Who Your Friends Are: A Framework for Determining Whether Employees’ Social Media Followers Follow Them to A New Job, 39 CAMPBELL L. See generally, Christopher A.

Social Media 79

Social Media Contracts Ownership Business 79

Technology & Marketing Law Blog

MAY 30, 2023

The categorization of social media accounts into “business” and “personal” accounts was a hot issue a decade ago, when states across the country passed laws to protect employees from invasive employer demands to access or control their personal social media accounts.

Social Media 79

Social Media Ownership Marketing Marketing 79

IPilogue

OCTOBER 28, 2021

Interestingly, the court noted that Rozier produced evidence which called into question whether Fun World’s mask possessed the requisite originality, given that a third-party created and marketed a similar “Wailer” mask several months before the “Ghost Face” mask was registered. Supreme Court case, Star Athletica, LLC v Varsity Brands, Inc.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

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. Power Ventures involved a social media aggregator’s consensual use of its users’ Facebook passwords to access their Facebook accounts.

Cease and Desist 121

Cease and Desist Blogging Contracts Social Media 121

Kashishipr

JANUARY 12, 2022

All ardent social media users are aware of the latest trend of using hashtags to spread the word across a wide range of users for bolstering consumer engagement. Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection.

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

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.

Blogging 102

Blogging Trademark Fair Use Trademark Law 102

Garrigues Blog

OCTOBER 25, 2021

Right now we are living the intangibles revolution: social media, online shopping, on screen greetings, audio messages and meetings via platforms. So, when their digital self attends an online class or chats on social media, they can choose which t-shirt to wear from the items stored in their digital wardrobe.

Non-Fungible Tokens 59

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

Intepat

MAY 16, 2023

A fraudulent lottery-winning message with Amitabh Bachchan’s voice from KBC was viral through various social media platforms and many people fell into this trap. 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

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 78

IP Intellectual Property Trademark Designs 78

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. Herein, the social media also played a very crucial role.

Branding 66

Branding Brands Branding Trademark 66

azrights

MAY 3, 2022

Though many important decisions people make when creating a new brand identity are intellectual property decisions, IP lawyers are rarely involved in the naming and brand creation process. . As a trademark lawyer, I began to ask myself why? So, I wrote Brand Tuned, the new rules of branding, strategy and intellectual property.

Branding 119

Branding Brands Branding Registration 119

IP and Legal Filings

FEBRUARY 21, 2022

Trademark law encapsulates such territorial jurisdiction under Section 134 of the Trademarks Act, 1999 [1] ( hereinafter “Trademark Act”). However, it did not deal with crypto currency under any brand name or trade mark. Introduction. On the other hand, Defendants 1 and 2 were situated in the U.K. Conclusion.

Social Media 52

Social Media Trademark Law Marketing 52

43(B)log

FEBRUARY 19, 2022

Gripers and Political Critics Cases involving criticism of ordinary commercial actors provide a fascinating contrast to both noncommercial speech sold in the market and to political and religious conflicts. The 9th Circuit in Bosley v. Kremer, the 4th in Radiance Foundation v.

Trademark Law 72

Trademark Law Trademark Art Branding 72

43(B)log

DECEMBER 1, 2022

Viacom also engaged a market research company to learn more about “southern beach culture,” which suggested that the term Flora-bama was “either unknown or though [sic] to refer strictly to the bar.” An online article used photos of the Lounge in its coverage of the series, and MGFB also submitted social media posts.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

The IPKat

APRIL 17, 2024

These and approximately 30 other motifs were then sold as oil paintings, posters, canvas prints, and replicated on a variety of merchandise, promoted on social media, and sold both in the gallery and online. Furthermore, the Artpusher case involved more than the use of a trademark in a single artwork or a series of artworks.

Trademark 73

Trademark Artwork Social Media Trademark Law 73

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. DM me on social media or email me at info@kingpatentlaw.com.

Designs 52

Designs Design Trademark Copyright 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

Kashishipr

APRIL 27, 2022

Business companies across the globe understand the utmost importance of the internet and different social media platforms and are therefore enhancing their logo with unique visual effects and animation. Motion Trademarks in India. The Indian Trademark Law and Motion Marks.

Registration 105

Registration Trademark Branding Brands 105

Copyright Lately

MAY 1, 2023

As I explained in my discussion of the Rick Astley lawsuit , right of publicity and trademark law provided viable claims to Bette Midler and Tom Waits when imitations of their voices were used in advertising. Hit me up in the comments below or on social media @copyrightlately.

Music 87

Music Copyright Copying Copyright Law 87

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

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 85

Trademark Non-Fungible Tokens Branding Brands 85

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. 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. Judgement of the court Fame, as the Honourable Justice noted, can have negative outcomes, including the erosion of people’s rights to privacy, a way of life, and social dignity.

Personality Rights 63

Personality Rights Privacy Social Media Intellectual Property 63

SpicyIP

DECEMBER 30, 2023

This rejection order passed consequent to a pre-grant opposition was among the many other legal and social campaigns against the high prices at which the drug was made available. Doing this was regarded as essential to avoid stifling local industry and balance global brand reputation with the interests of national enterprises and consumers.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

JANUARY 28, 2022

For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”. It did not specifically address ownership of social media accounts. Gutman signed an employment agreement with JLM.

Social Media 89

Social Media Ownership Contracts Privacy 89

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 99

Trademark Blogging Trademark Law Fair Use 99

43(B)log

FEBRUARY 3, 2023

We can make things excludable through tech and law, making things that previously looked like public goods providable by private markets. Book project: how do we reconcile that with our intuitions about markets and distributive justice? A few say that you can’t use marketing messages other than what they approve.

False Advertising 45

False Advertising Trademark Advertising Advertising 45

43(B)log

NOVEMBER 8, 2023

VIP Products, the Court held that it did not need to apply or even decide the validity of a speech-protective limit on trademark law designed to prevent trademark owners from shutting down expressive works that comment on trademarks, known as the Rogers test.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

43(B)log

OCTOBER 4, 2021

Another way to put it is that aesthetic functionality requires you to have an understanding of the definition of the market in which other clothing makers should be free to compete. Nor did he allege any lost business opportunities as the result of their presence on the market.

IP 94

IP Trademark Advertising Advertising 94