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

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.

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Trademark Intellectual Property Registration Designs 105

The IPKat

JANUARY 27, 2022

Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products.

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Trademark Registration Marketing Marketing 138

The TTABlog

JANUARY 4, 2023

the TTAB ordered cancellation of two registrations for the mark COHIBA for cigars, one in typeset and one in stylized form. The owner of the cancelled registrations is General Cigar Co., based cigar manufacturer that first obtained a COHIBA registration in 1981 and has sold COHIBA cigars in the U.S. General Cigar Co.,

Registration 78

Registration Trademark Law Trademark Branding 78

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

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?

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Trademark Social Media Branding Brands 52

The IP Law Blog

MARCH 5, 2021

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. Once a mark becomes generic, it loses its trademark protection and becomes available to the public.

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Trademark Branding Brands Branding 85

IP and Legal Filings

SEPTEMBER 8, 2023

As per the Trademarks Act 1999 , the definition of trademark explicitly conveys that only the graphical representation of the marks and the element of in comparability i.e dissimilarity between the existing marks either in terms of shape, size, color, picture serves the essentials of a trademark.

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Trademark Registration Marketing Marketing 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.

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Designs Design Artistic Work Technology 72

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. The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks.

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Branding Brands Branding Personality Rights 98

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

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. Sellers should mark uses of their trademarks with the “TM” or “®” symbol to inform the public of their trademark rights.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 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

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., Background. However, on 7 May 2021, the U.S.

Trademark 52

Trademark Registration Branding Brands 52

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?

Designs 52

Designs Design Trademark Copyright 52

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 71

Trademark Branding Brands Branding 71

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

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

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

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

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.

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IP Intellectual Property Trademark Designs 76

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. What stands out here is that the Court granted an injunction in favour of the Plaintiff based on earlier registration without considering the non-use of the mark by them.

Designs 52

Designs Design Trademark Cease and Desist 52

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

IPilogue

JANUARY 14, 2022

Trademark Law. Parody in Trademarks is No Joke. In Subway IP LLC v Budway, Cannabis & Wellness Store , the Federal Court reaffirmed that parody is not a defence against trademark violation. With damages amounting to $40,000, it is clear the courts are unamused by parody in trademarks. Copyright Law.

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IP Copyright Infringement Inventor Intellectual Property 106

43(B)log

DECEMBER 1, 2022

Grimaldi grounds, the district court’s grant of summary judgment to MTV on the resulting trademark claims. MGFB has a federal registration for FLORA-BAMA for “bar and restaurant services” and several entertainment services, including “social entertainment events,” live musical performances, and “competitions for fish throwing.”

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

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. U’s registration for THE for clothing and other merchandise by putting THE on a hangtag. Registration v.

Trademark Law 75

Trademark Law Law Trademark Registration 75

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

Technology & Marketing Law Blog

DECEMBER 11, 2023

MSCHF has frequently targeted major brands. At this point the Second Circuit baldly states “MSCHF used Vans’ trademarks—particularly its red and white logo—to brand its own products.” Unlike the defendant in Jack Daniel’s , MSCHF, at least amongst its relevant consumers, has a valuable brand.

Blogging 114

Blogging Trademark Branding Brands 114

Technology & Marketing Law Blog

OCTOBER 19, 2021

Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” Thus, other cases have applied conversion law to alleged theft of domain name registrations (e.g., ” Wait, what? We need to know more about this license.

Licensing 91

Licensing Copyright Contracts Advertising 91

SpicyIP

JANUARY 23, 2023

Delhi High Court clarifies that difference in brand name cannot be a defense against prior publication of the suit design. Case: Novamax Industries Llp vs Prem Appliances & Anr. The Defendant argued that the suit design was published prior to the date of registration under a different trade name.

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Designs Design Invention Registration 105

SpicyIP

DECEMBER 12, 2023

For the benefit of readers, I am copy-pasting the relevant parts of the judgment: “9. There have been plenty of studies in the United States of America where the psychological impact of confusion in trademarks have been studied. states that “The brand names serve as information ‘chunks’.

Trademark 59

Trademark Branding Brands Branding 59

IIPRD

JUNE 8, 2024

Fundamentals concerning this trend’s effects on consumer perceptions, intellectual property rights, and brand integrity are brought up. Although they provide more affordable options, knockoffs and counterfeiting present a problem for luxury brands and designers who want to safeguard their creative investments.

Intellectual Property 52

Intellectual Property Designs Design Branding 52

SpicyIP

DECEMBER 30, 2023

Eventually, Johnson and Johnson announced that it would no longer enforce their patents for Bedaquiline (brand name: Sirturo) which is used in the treatment of multidrug-resistant tuberculosis (MDR-TB) in 134 low- and middle-income countries. The rejection order is authored by Dr. Latika Dawara, Asst. HULM Entertainment v. First, in Toyota v.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

FEBRUARY 25, 2023

Changes in Trademark Law and Evidentiary Rules Introduction: Jake Linford Before courts admitted surveys routinely, they were concerned about hearsay. How to survey arbitrariness/TM function: Washingmachine.com in booking.com—maybe along with not sure we also need the option “neither a common name nor a brand name.”

Trademark 72

Trademark Marketing Marketing Advertising 72

43(B)log

FEBRUARY 3, 2023

Copying may be directly costless to the knowledge creator, but knowledge transfer is not, and who is initiating may affect what’s going on here: knowledge transfer encodes voluntariness which fits with Cicero but not with a lot of the copying to which people object today. Is that any different from what we see in other contexts?

False Advertising 45

False Advertising Trademark Advertising Advertising 45

43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? But there is an assumption that registration = minimal distinctiveness unless validity is questioned. A membership group might not have brand value (Happy Valley PTA example) v signaling I can afford LV, which does depend on brand value).

Trademark Law 56

Trademark Law Law Trademark Fair Use 56