43(B)log

SEPTEMBER 7, 2021

The claim for cancellation of the ‘675 Mark was based on fraud in obtaining the trademark registration and misrepresentation of source, whereas their claim for cancellation of the ’549 and ’077 Marks was based on misrepresentation of source alone. and [the] Coach” brand. and [the] Coach” brand. Tapestry, Inc. Chunma USA, Inc.,

False Advertising 59

False Advertising Registration Trademark Registering Trademarks 59

43(B)log

APRIL 29, 2024

He posted the Cube design and 3D print files on Thingiverse.com, the largest site for 3D print objects. Kitchen Cube also stated on its website that “we designed and manufactured every kitchen measuring device in one easy to use gadget.” False advertising: Only ok against Kitchen Cube. 8-23-cv-01698-MEMF-ADS (C.D.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

43(B)log

AUGUST 3, 2023

So too w/false advertising. Assumptions skipped over in TM/false advertising analysis.] Dustin Marlan, Trademark Disclosure TM registration requires disclosures just as patent does: undertheorized. Protecting brand investment and consumers? Death closes things off. TESS is a mess.

Registration 52

Registration False Advertising Advertising Advertising 52

43(B)log

FEBRUARY 16, 2024

In Two Pesos, the Supreme Court tells us that “the general principles qualifying a mark for registration under § 2 of the Lanham Act are for the most part applicable in determining whether an unregistered mark is entitled to protection under § 43(a).” Tam and Brunetti, striking down various bars on registration. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

IIPRD

AUGUST 4, 2022

However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. In today’s market, a distinct brand identity is critical in all company sectors. Influencers that make a lot of money from internet marketing must also defend their own brand identification. Trademarks.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

LexBlog IP

NOVEMBER 17, 2021

Kaira’s brand AMUL is internationally renowned and India’s largest food brand. Kaira also owns common law design marks which are displayed on the websites www.amul.com and www.amuldairy.com. First, Kaira provided evidence of the goodwill that the AMUL brand and designs have acquired globally and in Canada.

False Advertising 40

False Advertising Social Media Trademark Branding 40

IP and Legal Filings

APRIL 28, 2022

Tiffany is world renowned jewellery brand famous for selling diamond engagement rings since 19 th century. It owns multiple trade mark registrations for the word “Tiffany” in connection with “Decorative Art Objects Made in Whole or in Part of Precious or Semiprecious Metals” among others.

Fair Use 52

Fair Use False Advertising Trademark Branding 52

43(B)log

FEBRUARY 24, 2024

A variant of separating the mark from the brand; not seeing it in all categories, and we may have a world in which some marks—maybe the 1%--are not divided from brands but the others are. Other examples: design patent, as Sarah Burstein has writte n. Human desire for TMs? The judge isn’t hearing that they’re not counterfeiters.

Fair Use 45

Fair Use Branding Brands Branding 45

43(B)log

APRIL 15, 2024

GMP owns two federally registered trademarks: the “GOOD MEAT” standard character mark and the “GOOD MEAT BREAKDOWN” design mark. The court denies a preliminary injunction on the trademark claims based on lack of likely success on the merits, but declines to dismiss either infringement or false advertising claims.

False Advertising 64

False Advertising Advertising Advertising Marketing 64

43(B)log

SEPTEMBER 7, 2021

Wakefern operates approximately 353 supermarkets under various brands such as ShopRite and Fairway Market across several states, and has a registration for ShopRite. False advertising: Not commercial advertising or promotion. Trademark infringement: This just wasn’t use in commerce.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

SpicyIP

APRIL 17, 2023

Krbl Limited was alleged infringement and passing off of the plaintiff’s trademark registrations for marks that include the word ‘Royal’, by the defendant’s mark ‘Zabreen Royal’ (‘Impugned Mark’). Responding in the affirmative, the Calcutta High Court has swung the interpretative pendulum back in favor of GUIs being registrable.

Advertising 105

Advertising Advertising Confidentiality Trademark 105

Trademark and Copyright Law Blog

APRIL 7, 2020

Most of these trademark filings are long-abandoned, a field of virtual, sun-bleached bones that should serve as warnings to opportunistic would-be brand owners with their eyes on “trending” terms related to public crises. That quote may not be entirely accurate, but the U.S. An Outbreak of Recent Filings. I also appreciate the sentiment.

Trademark 52

Trademark Branding Brands Branding 52

43(B)log

JULY 21, 2023

but also narrows the issues somewhat; the larger infringement, cybersquatting, and false advertising claims can’t be resolved on summary judgment. Axon sued for infringement of the Taser word and design marks and for holding Taser-related domain names for ransom. However, the disclaimers were not ineffective as a matter of law.

False Advertising 52

False Advertising Advertising Advertising Social Media 52

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

NOVEMBER 8, 2023

Malwarebytes, which allowed a false advertising claim to proceed based on one software provider’s use of the terms “malicious” and “threat” to describe its alleged competitor’s software, despite a dissent raising free speech arguments. Then I’ll talk about the 9 th Circuit case Enigma Software v.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

43(B)log

FEBRUARY 25, 2023

These surveys are now designed to suppress that uncertainty and not let it appear in the courtroom b/c we just want numbers. 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.” Most people are not really sure!

Trademark 72

Trademark Marketing Marketing Advertising 72

43(B)log

FEBRUARY 3, 2023

Most obvious formalism to her is set of presumptions and burden shifts that come w/registration. Lemley: is/should there be contributory false advertising liability? We don’t need to reform advertising law; we need to reform agency law. Is that any different from what we see in other contexts? Gender and class?

False Advertising 45

False Advertising Trademark Advertising Advertising 45

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Thus, even though it would be possible to have a registrable llama logo that functioned as a trademark, that’s not what Epic had.

IP 94

IP Trademark Advertising Advertising 94

43(B)log

FEBRUARY 24, 2023

Tam & Brunetti: wiping away bars and then putting pressure on failure to function as the limit on registration. 1A and Article III standing are there, but worrisome; casualness over stare decisis does suggest courts are willing to look at things from scratch—Vintage Brands; Netchoice—everything might be up for grabs.

Trademark 69

Trademark False Advertising Fair Use Branding 69