Technology & Marketing Law Blog

DECEMBER 11, 2023

MSCHF has frequently targeted major brands. by guest blogger Christine Haight Farley Because it is grading season, when I read the Second Circuit’s per curiam decision in Vans, Inc. MSCHF Prod. Studio, Inc. LEXIS 32063 (2d Cir. 2023), I already had my red grading pen out. A previous pair of shoes, “ Satan Shoes ,” prompted a suit by Nike.

Blogging 114

Blogging Trademark Branding Brands 114

azrights

OCTOBER 27, 2021

The brand name and codes play an important role in the management of competition. Inevitably competitors will try to capture some of the market shares of any brand that discovers a lucrative market opportunity. Some will copy blatantly, others are more savvy so will copy what they calculate they can get away with.

Branding 52

Branding Brands Branding Copying 52

Technology & Marketing Law Blog

JUNE 21, 2023

VIP Products LLC, a dispute involving a “Bad Spaniels” dog toy parody of Jack Daniel’s brand of whisky. 1125(c)(3)(C) by claiming its humorous use of the Jack Daniel’s marks was not pure commercial speech because it poked fun at the company in the Bad Spaniels design. By Guest Blogger Lisa P. Ramsey [Lisa P. 1114(1) or 15 U.S.C.

Trademark 101

Trademark Blogging Trademark Law Fair Use 101

The IPKat

DECEMBER 9, 2021

The General Court rejected an appeal brought by AC Milan (nicknamed also Rossoneri) and considered that the brand characterizing Rossoneri’s emblem could not be registered as an EU trade mark (EUTM) since it would give rise to a likelihood of confusion with the earlier German trade mark ‘Milan’ held by the company InterES.

Branding 94

Branding Brands Branding Registration 94

DuetsBlog

OCTOBER 21, 2020

Hotels, Ice Cream, and Shoes as Canvases for Great Brands. . Seth Godin has written about how Nike is a great brand because we can imagine what a Nike hotel would look like. . So, let me ask a slightly weirder question: If Nike were an ice cream flavor, what would it taste like? . What would it look like? .

Branding 59

Branding Brands Branding Registration 59

The TTABlog

MARCH 29, 2023

opposed applications to register EVERWILD (in standard form) and EVERWILD SPIRITS & design , both for "distilled spirits," claiming likely confusion with its registered mark EVERCLEAR for alcoholic beverages except beer. The Board found the involved goods to be legally identical, but what about the marks? Luxco, Inc.

Branding 67

Branding Brands Branding Designs 67

IP and Legal Filings

MAY 24, 2024

This means that others cannot use the same or similar mark in a way that may cause confusion among consumers. The dispute revolved around an antediluvian luxury handbag brand ‘Hermès’ and artist Mason Rothschild for his avant-garde creation called MetaBirkin NFTs.

Non-Fungible Tokens 79

Non-Fungible Tokens Trademark Art Branding 79

The IPKat

JANUARY 29, 2024

In a recent decision which has divided trade mark practitioners across the UK, the High Court of Justice of England and Wales (the Court) found that Aldi's own-brand cloudy lemon cider product had not infringed the trade mark rights in the packaging of the product it was inspired by.

Branding 62

Branding Brands Branding Marketing 62

LexBlog IP

JULY 26, 2023

Supreme Court recently decided that, when using another’s trademark “as a designation of source for the infringer’s own goods,” one is not entitled to a First Amendment defense even if the use is a parody. 7 Brand Tennessee Sour Mash Whiskey” was replaced with “The Old No. as a trademark).

Trademark 52

Trademark Branding Brands Branding 52

The IPKat

AUGUST 4, 2023

The IPKat has received and is pleased to host the following contribution by former GuestKat Jan Jacobi (BarentsKrans) regarding a recent Dutch decision on free riding and declining reputation of a brand. Quite often, the IP of a bankrupt company is sold to a third party who continues operating all or some of the brands.

Branding 52

Branding Brands Branding Marketing 52

LexBlog IP

APRIL 11, 2023

But it could also lead to confusion in the aisles of Pennsylvania’s liquor stores. Because various types of alcohol goods are available in various types of stores, this often leads to consumers making trips to multiple different stores depending on what type of alcohol they want to buy.

Branding 52

Branding Brands Branding Trademark 52

The TTABlog

JULY 11, 2023

Thomas McCarthy shares his thoughts (below) on the Supreme Court's "Bad Spaniels" decision (pdf here ), in the hope of stimulating discussion (in the comments) as to what readers think will be the impact of the case on the use of marks in "expressive" works. As you will recall, the Court vacated the decision of the U.S.

Trademark 73

Trademark Government Designs Design 73

The IPKat

DECEMBER 31, 2023

Royal Unibrew (the Opponent) is a Danish brewing and beverage company which owns a number of brands including Ceres, Faxe, Albani, Thor, Karlens and, importantly, Royal.

Branding 62

Branding Brands Branding Registration 62

Corsearch

AUGUST 30, 2023

Glossary A What are absolute grounds? What is acquired distinctiveness? What are additional factors (for pharmaceutical trademarks)? What is application date? What is an application fee? What is application language (EUIPO)? What is an application number? This term is only used in Europe.

Trademark 52

Trademark Registration Registering Trademarks Designs 52

43(B)log

JANUARY 19, 2024

It adopted the Rampart/Wurth branding in 2023. It adopted the Rampart/Wurth branding in 2023. Rampart Resources was founded in 1989 in Baton Rouge. Its website states: “Our core services include right-of-way acquisition, surveying, permitting, project planning, and E&P land rights management.”

Advertising 59

Advertising Advertising Branding Brands 59

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’m going to start by going back to some earlier cases, Two Pesos v. Taco Cabana, from 1992. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

LexBlog IP

MARCH 28, 2023

Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, or instead receives heightened First Amendment protection from trademark infringement claims. She continued: “Parodies can be confusing. If so, you should not have a dog.

Branding 52

Branding Brands Branding Trademark 52

LexBlog IP

MARCH 28, 2023

Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, or instead receives heightened First Amendment protection from trademark infringement claims. ” She continued: “Parodies can be confusing.

Branding 52

Branding Brands Branding Trademark 52

Garrigues Blog

NOVEMBER 30, 2021

The proceeding involved the claim filed by Happy Pills, in what the court called “a borderline case between acts of imitation likely to cause association among consumers pursuant to article 11.2 of the Unfair Competition Law ( UCL ) and acts that generate a likelihood of confusion under article 6 UCL”.

Branding 98

Branding Brands Branding Law 98

The TTABlog

JULY 24, 2023

Swiss watchmaker Audemars Piquet opposed applications to register MOSSY OAK and MOSSY OAK & Design for watches and jewelry on the grounds of likely confusion with and likely dilution of the registered mark ROYAL OAK , in standard character and stylized form, for watches. But what about likelihood of confusion?

Registration 52

Registration Designs Design Advertising 52

LexBlog IP

JANUARY 25, 2024

In those instances, a traditional likelihood of confusion or dilution analysis is required. It reiterated that where artistic expression is at issue, “the traditional [likelihood of confusion] test fails to account for the full weight of the public’s interest in free expression.” AJ Press, Inc. ,

Trademark 40

Trademark Designs Design Branding 40

The TTABlog

MAY 2, 2023

The USPTO refused to register the mark RAO'S for "Wine produced from grapes grown in a single designated vineyard in the Atlas Peak American Viticultural Area, labeled and advertised in compliance with U.S. And what about consumer sophistication? The marks are identical, but are the goods and services related? MUCKY DUCK).

Registration 78

Registration Branding Brands Branding 78

azrights

JUNE 15, 2022

And in the latest development of the dispute the High Court ruled that Muzmatch has unfairly benefited from Match Group’s reputation and investment in its brand and was riding on Match Group’s coattails for undeserved gain. They would believe Muzmatch to be a sub-brand.

Business 93

Business Branding Brands Branding 93

IP and Legal Filings

OCTOBER 30, 2023

Introduction With Margot Robbie lighting up our screens in what is arguably the movie of the year, it is the summer of Barbie again; just like it has been, every summer, since her introduction in 1959. This transformation has elevated Barbie to the status of a widely recognized cultural icon.

Trademark 85

Trademark Branding Brands Branding 85

Intepat

AUGUST 31, 2022

Before trying to get a trademark registered we first need to understand what can be registered as a trademark and what are the possible grounds on which the registration can be refused. According to Section 9 (2)(a), a trademark cannot be registered if it is of such nature so as to deceive the public or cause confusion.

Trademark 52

Trademark Registration Branding Brands 52

43(B)log

FEBRUARY 23, 2023

The court granted a motion to dismiss on lack of likely confusion. Users can download “dapps” (or decentralized applications) which allow users to design and develop software using the Internet Computer blockchain. 10, 2022) Dfinity alleged that Meta infringed its Dfinity and Rainbow marks in its rebranding.

Designs 59

Designs Design Registration Trademark 59

The TTABlog

FEBRUARY 23, 2024

Oregon Grain Growers Brand Distillery Inc. Petitioner Oregon Grain requested reconsideration of the Board's denial of its petition for cancellation of a registration for the mark TORPEDO JUICE for "Alcoholic beverages, except beer; Gin; Liquor; Rum" [ TTABlogged here ]. Michael Pitsokos , Cancellation No.

Law 62

Law Branding Brands Branding 62

43(B)log

FEBRUARY 25, 2023

You can get a sense for what the use of the putative mark was like at first use, if your data are rich enough. You can get a sense for what the use of the putative mark was like at first use, if your data are rich enough. Skeptical that it could help w/confusion though. What about ChatGPT? Brain scans for consumers?

Trademark 72

Trademark Marketing Marketing Advertising 72

LexBlog IP

MARCH 24, 2023

The justices had a bit of fun—and even laughed at points when hypotheticals highlighted the absurdity of what consumers might encounter in today’s online marketplace—but at the end of the day, raised very serious questions about the proper reach of the federal Lanham Act. consumers will become confused. and abroad.

Trademark Law 52

Trademark Law Trademark Law Artistic Work 52

43(B)log

DECEMBER 23, 2021

This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis. Hilti claimed that it didn’t design the label, but that defendant RectorSeal did the final design. Hilti, Inc., 2021 WL 6049964, No. 3:19-cv-50122 (N.D.

False Advertising 59

False Advertising Advertising Advertising Designs 59

Kashishipr

OCTOBER 6, 2021

The same can be possible through trademarking any word, symbol, design, or phrase that the company uses to identify itself in the marketplace. are examples of searchable databases that allow users to search for trademarked words, brands, and even images. Part of this research includes performing a Trademark Clearance Search.

Business 105

Business Trademark Cease and Desist Registration 105

IPilogue

DECEMBER 6, 2021

What does the colour red, an in-store family diner, and Zeddy the teddy bear remind you of? What does the colour red, an in-store family diner, and Zeddy the teddy bear remind you of? However, HBC’s registration over its design mark was expunged by the Canadian Intellectual Property Office on September 24, 2020 for failure to renew.

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Trademark Intellectual Property Intellectual Property Law Registration 111

The TTABlog

MAY 26, 2022

The USPTO refused registration of the mark AJ LAMPS for "Lighting apparatus, namely, table lamps" [LAMPS disclaimed], on the ground of likelihood of confusion with the registered mark AJ for "Lighting fixtures; HID lighting fixtures." The Board unsurprisingly found the marks to be similar, but what about the goods?

Branding 54

Branding Brands Branding Registration 54

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. 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.

Art 52

Art Non-Fungible Tokens Intellectual Property Ownership 52

The IPKat

MARCH 24, 2024

Here’s what Hans writes: Horological IP and the customization of watches by Hans Eriksson The world of high-end watchmaking is a good case study for the importance of intellectual property (IP) rights. Brands like Rolex, Patek Philippe and Audemars Piguet hold rich trade mark and design portfolios and enforce their rights vigorously.

IP 70

IP Marketing Marketing Reporting 70

The TTABlog

DECEMBER 31, 2021

Guess What? Section 2(d) - Likelihood of Confusion: TTABlog Test: Are Hockey Sticks Related to Sports Gloves Under Section 2(d)? Section 2(d) - Likelihood of Confusion: TTABlog Test: Are Hockey Sticks Related to Sports Gloves Under Section 2(d)? & Design" for Beer? Yes] Precedential No.

Cinema 67

Cinema Registration Trademark Reporting 67

The IPKat

DECEMBER 5, 2021

While looking for a suitable present for your fellow co-workers or distant relatives, take a moment to check what happened on the other IP blogs last week. The CREATe blog published an article on sharing the results of research about trade marks, fashion and crime in the nineteenth century, which tangencies the story of the Jaeger brand.

Blogging 67

Blogging IP Intellectual Property Publishing 67