Technology & Marketing Law Blog

MARCH 8, 2022

[Today, Betsy Rosenblatt, Rebecca Tushnet and I sent the following letter to Congress on behalf of 26 trademark academics (here’s a PDF version ). academics with expertise in trademark law. FN: Although the INFORM Act does not address directly trademark law, its provisions partially overlap with the SHOP SAFE Act.

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Trademark Trademark Law Law Blogging 128

LexBlog IP

JANUARY 14, 2022

Navigating Brand Protection and Trademarks for Social Media Influencers. Building a brand or business as an influencer on social media is not easy. Not only are you tasked with building a successful, recognizable brand, you’re building yourself as the brand. Making a brand out of a social media business.

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Social Media Branding Brands Branding 52

Corsearch

NOVEMBER 20, 2023

Name saturation is an existential challenge for every industry that harnesses trademark law to protect its brand. Read on as we explore how you can conquer the likelihood of confusion in your pharmaceutical trademarks. A key difference arises, however, when comparing brand name and generic name confusion.

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Trademark Branding Brands Branding 59

Corsearch

NOVEMBER 15, 2022

In simpler terms, the metaverse doesn’t refer to any one platform or a specific place but is rather used to describe a broad application of emerging technologies. These technologies represent an evolvement of what the internet is today and are rooted in blockchain, VR (virtual reality), and AR (augmented reality).

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Branding Brands Branding Non-Fungible Tokens 52

Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

Intepat

DECEMBER 21, 2021

Is the Trademark Act applicable to QR Codes? As Trademark Law only protects elements that allow the public to easily identify the goods and services, such as names, logos, slogans, sounds, or colours, QR codes cannot be trademarked on their own. The post Can QR Codes Be Trademarked? Judicial Decision.

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Trademark Intellectual Property Registering Trademarks Branding 98

IPilogue

NOVEMBER 22, 2022

You may recall Usain Bolt’s subtle but impactful tweet on August 23, 2022, adding a trademark emoji to his iconic quote, “To the World”. That tweet spoke to his trademark of his iconic “lightning” celebration pose, indicating Bolt’s possible plans to create merchandise using his iconic celebrity power and image.

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Trademark Social Media Branding Brands 59

IP and Legal Filings

OCTOBER 23, 2023

E-commerce platforms have produced new kinds of purchasing experiences for customers by combining the forces of technology, competitive price offerings, exciting deals, and quick delivery. Effective trademark enforcement is essential in this situation for protecting the goodwill and financial interests of legitimate businesses.

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Marketing Marketing Trademark Registration 86

Technology & Marketing Law Blog

APRIL 3, 2023

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. Jack Daniel’s contends this design infringes its trademarks and tarnishes its brand.

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Blogging Trademark Fair Use Trademark Law 105

Corsearch

FEBRUARY 14, 2023

Given the huge commercial opportunity, it is clear to see why there is great demand in trademarks for goods and services linked to the holiday name and others throughout the year. Can you trademark a holiday name? Can you trademark a holiday name? CUPID appeared in 481 trademarks registered in 2022.

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Trademark Non-Fungible Tokens IP Branding 52

IP Tech Blog

MARCH 23, 2022

More and more companies are entering the Metaverse leading to a trend towards increased filings of trademarks in the “virtual” classes. 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.

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Trademark Branding Brands Branding 57

IP Tech Blog

AUGUST 17, 2022

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. Is this however a case of trademark infringement? Trademark or Unfair Competition? And, why is this important?

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Trademark Registering Trademarks Art Cease and Desist 104

Corsearch

APRIL 5, 2024

On March 19th, the trademark community came together in the heart of New York City for an exclusive event that promised to be both informative and enriching. Attended by 150 trademark experts, the event proved to be a resounding success, offering a blend of networking opportunities and engaging Continuing Legal Education (CLE) sessions.

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Trademark Confidentiality Branding Brands 59

SpicyIP

MAY 18, 2022

She works in a law firm that advises technology companies. Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse. The views expressed in this post are personal. Aparajita Lath. Image from here.

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Non-Fungible Tokens Trademark Artwork Art 122

IP Tech Blog

NOVEMBER 30, 2022

AJ Press, LLC , the Ninth Circuit affirmed a trademark win for upstart news outfit Punchbowl News. Thus, Punchbowl ’s true impact on trademark law will likely be delayed until resolution of Jack Daniel’s. In doing so, the court held that First Amendment protection extends to the names of commercial enterprises. Background.

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Branding Brands Branding Fair Use 57

Selvam & Selvam Blog

MAY 28, 2024

It is not really surprising that with the rapid development of technology, its adverse effects are also increasing every day. In response to these threats, many popular personalities have started trademarking their names to protect their goodwill and reputation from being misused by technology. Let’s have a look.

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Personality Rights Intellectual Property Technology Trademark 52

IP and Legal Filings

DECEMBER 23, 2023

Therefore, with the increasing presence of commercial enterprises on web, it becomes apparent that domain name may be subject to norms applicable to other intellectual property rights such as trademarks. Akash Arora [8] , the plaintiff was the proprietor of the well-known trademark “Yahoo” and corresponding domain name, “Yahoo.com”.

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Trademark Registration Trademark Law Business 52

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. The trademark owner memorably (and ridiculously) characterized the rival as engaging in “keyword conquesting,” a term I encourage you never to use. The court already sent that trademark claim to the jury ( my blog post on that ruling ).

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Trademark Advertising Advertising False Advertising 81

LexBlog IP

MARCH 23, 2022

More and more companies are entering the Metaverse leading to a trend towards increased filings of trademarks in the “virtual” classes. Here is why: New opportunities for growing your brand. In both the real world and the Metaverse, this data can then be used to increase sales and brand awareness.

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Trademark Branding Brands Branding 52

IP Tech Blog

SEPTEMBER 7, 2023

Paolo will discuss how to protect your IP in China, sharing insights on the new trademark law proposal, as well as current counterfeiting trends and strategies for how to combat them. The in-person event will take place in Milan on October 12; details and registration are available here.

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Intellectual Property Branding Brands Branding 62

IP and Legal Filings

JULY 5, 2023

Introduction Trademarks are recognised phrases, words, or symbols that designate a certain item and lawfully distinguish it from all other items of the same type. A trademark is a valuable intellectual property that businesses use to differentiate their brand from their competitors’ in the market.

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Trademark Registration Branding Brands 59

Larson & Larson

JULY 13, 2023

Patents and trademarks are two forms of intellectual property protection, but they serve different purposes. Here’s an overview of how patent protection and trademark protection differ: What is a Patent? What is a Trademark? Trademarks can be renewed indefinitely as long as they continue being used in commerce.

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Trademark Patent Invention Intellectual Property 40

IIPRD

JANUARY 6, 2023

Trademark; Meaning and need of laws. Trademark infringement is the unauthorized use of a trademark which is one of the various ways in which intellectual property rights are violated. Different kinds of misuse, unauthorized use, and infringement of trademarks are: Brand Protection. Hashtag and trademarks.

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Social Media Trademark Advertising Advertising 52

SpicyIP

MARCH 25, 2024

Sunanda Bharti on the Michelin Stars and its interaction was trademark laws. Bharti is a Professor of Law at Delhi University, and her previous posts can be accessed here. Image from here Mischief, Manifestation, and the Michelin Trademark! As an IP enthusiast, the author perceives this as a trademark matter.

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Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

LexBlog IP

SEPTEMBER 1, 2023

The Fifth Circuit upheld a preliminary injunction last week prohibiting Chinese company Shenzhen Sanlida Electrical Technology Co. and Shenzhen Sanlida Electrical Technology Co., ’s (“Whirlpool”) famous KITCHENAID trademarks and trade dress. Trademark Registration Nos.

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IP Tech Blog

AUGUST 3, 2022

These branded goods are sold without the trademark owner’s consent for a much lower price than that of the official retailer. The consequences of such so-called “parallel imports” are well-known: the foreign brand and its official Chinese distributor suffer economic losses and the brand is diluted by cheap sales of parallel imports.

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Trademark Branding Brands Branding 57

IP and Legal Filings

MARCH 19, 2024

ABSTTRACT The constraints placed on trademark registration, particularly concerning common English words by recent judicial review by Justice C. This article explores real world examples, international perspectives and aims to provide comprehensive understanding of the complexities surrounding trademark restriction.

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Branding Brands Branding Intellectual Property 52

IP and Legal Filings

JANUARY 31, 2023

[Image Sources : Istock] Metaverse- a Magnet to Fashion Brands Virtual worlds provide fashion brands with the opportunity to significantly cut down on the excessive resource consumption of lifestyle and create sustainability. For undisputed ownership of virtual designs, Intellectual Property (IP) laws must be thoroughly handled with.

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Law Branding Brands Branding 85

Technology & Marketing Law Blog

FEBRUARY 16, 2022

Edible Arrangements objected to Google selling its trademark to trigger keyword ads. They filed a trademark lawsuit in 2018 but abandoned the suit when it got sent to arbitration. However, Edible invoked theft law and disavowed consumer confusion. However, they didn’t give up! Conversion.

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Technology & Marketing Law Blog

OCTOBER 17, 2022

GmbH has registered trademarks in the dictionary word “Emoji.” ” (Raise your hand if you’ve ever seen Emojico-branded patient safety restraints). .'” ” (Raise your hand if you’ve ever seen Emojico-branded patient safety restraints). The trademark registrations discourage that outcome.

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Trademark Fair Use Registration Licensing 112

LexBlog IP

OCTOBER 10, 2023

Eliezer How to Legally Protect your Board Game with Intellectual Property Law Table of Contents: Copyright Law Design Patents Trademarks and Trade Dress Utility Patents Limitations of Protection Say there is a game that’s been around. Learn more about Trademark law for board games and Trade Dress protection.

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Design Patent Intellectual Property Designs Design 52

Garrigues Blog

OCTOBER 26, 2022

They are basically certificates that uniquely identify a specific digital asset by means of cryptography and blockchain technology, made even more relevant following the popularity of the Ethereum network and the ERC-721 and ERC-1155 standards. But what are NFTs? The EUIPO’s guidelines as from 2023.

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Non-Fungible Tokens Trademark Intellectual Property Art 52

IIPRD

JUNE 13, 2024

When artificial technologies are utilized for creating innovations, such as employing evolutionary algorithms for antenna design or engaging IBM Watson to produce music, IPR laws become relevant. Trademark law One of the areas where both trademarks and AI intersect with each other is in creation of new brands and trademarks.

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Intellectual Property Inventor Invention Trademark 59

LexBlog IP

NOVEMBER 30, 2022

AJ Press, LLC , the Ninth Circuit affirmed a trademark win for upstart news outfit Punchbowl News. Thus, Punchbowl ’s true impact on trademark law will likely be delayed until resolution of Jack Daniel’s. In doing so, the court held that First Amendment protection extends to the names of commercial enterprises.

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Branding Brands Branding Fair Use 52

Technology & Marketing Law Blog

MARCH 13, 2022

Las Vegas Skydiving Adventures offers tandem skydiving under the “Fyrosity” brand. LVSA sued Groupon for trademark infringement. Melwani sells products under the “Royal Silk” brand. Melwani sued Amazon for trademark infringement, dilution, and more. Purchaser Care. Skydiving is expensive.

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Trademark Advertising Advertising Settlement 82

Trademark and Copyright Law Blog

JULY 9, 2020

On June 30, amidst the traditional flurry of end-of-term opinions, the Supreme Court issued its decision in the first case to have been argued before it via teleconference, United States Patent and Trademark Office et al. Yes, Booking.com can now obtain a federal trademark registration and can use the ® symbol with its mark.

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Trademark Registration Trademark Law Fair Use 93

IP and Legal Filings

SEPTEMBER 17, 2021

The fashion industry has witnessed several technological advancements over the years. With the introduction of technologies such as 3D printing or laser printing, patent laws have entered the fashion industry. Protection of such trademarks is imperative since apparel brands greatly value their brand equity.

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Designs Design Artistic Work Technology 72