LexBlog IP

MARCH 3, 2023

Safeguard Your Brand: How Choosing the Wrong Trademark Lawyer Can Kill Your Brand @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-6402f22ad89cf2570{display: Now anyone can use the word ESCALATOR to describe a moving stairway. Further, marks can become abandoned if the owner stops using the mark.

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Branding Brands Branding Trademark 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.

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IP Marketing Marketing Reporting 70

SpicyIP

MAY 1, 2023

After making an argument for the need of regulating AI from an IP perspective in Part I , Part II of the post focuses on the different aspects which can be regulated to develop a responsible and ethical AI. Some have argued in favour of fair use, at least in the US context. private or personal use).

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IP Licensing Fair Use Moral Rights 129

DuetsBlog

OCTOBER 5, 2020

Hearty thanks to Colette Durst , Stephen Lee , and Susan Perera , for generously sharing their insights and perspectives about trademark nominative fair use. By all accounts, the Midwest IP Institute was a great success this year despite the limitations of delivering knowledge in a virtual format, thanks Zoom.

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Fair Use IP Trademark False Advertising 59

Technology & Marketing Law Blog

JULY 5, 2021

Pattern Brands, Inc., First, as discussed above, these searches have only a limited usefulness in establishing whether PRETZEL CRISPS is generic due to the more than a decade (and $50 million in advertising and marketing expenditures) that has passed since the challenged registration of the mark in 2005. 2021 WL 1226156 (S.D.N.Y.

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IP Social Media Fair Use Branding 85

LexBlog IP

NOVEMBER 30, 2022

This ground-breaking decision heralds the expansion of traditional fair use defenses to any trademark infringement claims where a defendant’s conduct relates, in any way, to the broad category of activity considered “expressive” under the First Amendment. VIP Products LLC.

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Branding Brands Branding Fair Use 52

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. The decisions in the second category, i.e., Top 10 IP Cases/Judgements (Jurisprudence/Legal Lucidity) reflect those that we thought showed a fair bit of jurisprudential rigour and/or legal lucidity.

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IP Copyright Trademark Intellectual Property 124

The IPKat

FEBRUARY 20, 2024

Background As previously reported by the IPKat last year, VEGAP, a collective management organisation for intellectual property rights in Spain, brought a claim against Punto Na SA, the IP holding company for the well-known clothing brand Mango, seeking compensation in respect of the alleged infringement of copyright in certain artworks.

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Moral Rights Artwork Fair Use Copyright 76

Olartemoure Blog

AUGUST 19, 2022

IP management and protection mechanisms . Sustainable brands have ended up being one of the most successful business operations, bringing together environmental, economic, and social issues into our daily goods and services. Grupo Nutresa , SURA and Alpina stood out as the three most innovative companies. Innovation culture .

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Fair Use Intellectual Property Branding Brands 98

LexBlog IP

JULY 18, 2023

This time I will be covering fair use for trademarks instead of copyright. Fair use in the trademark space breaks down into two categories. The first is descriptive fair use. The second is nominative fair use. As Erin covered in an earlier post , trademarks are on a spectrum of distinctiveness.

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Trademark Fair Use Branding Brands 52

IPilogue

OCTOBER 12, 2022

Netflix alleges Barlow and Bear have benefited from their album’s false association with the Bridgerton brand. Barlow and Bear reportedly hold the position that their work is not liable for IP infringement because it is inherently “fan fiction.” District Court in D.C. 501 and 15 U.S.C.

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Intellectual Property Social Media Music Fair Use 105

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Corporations must establish online identities, such as logos, slogans, product names, and brands, to build consumer awareness, loyalty, and trust.

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Trademark Social Media Advertising Advertising 86

The IPKat

JULY 17, 2023

The IPKat is pleased to host the following guest post by Katfriend Alessandro Cerri regarding the US Supreme Court’s decision in the Jack Daniel’s v VIP IP dispute. 7 Brand Tennessee Sour Mash Whiskey” as “The Old No. Bad Spaniels (L), Jack Daniel's (R). 2 On Your Tennessee Carpet”).

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Fair Use Trademark Designs Design 52

IPilogue

JUNE 21, 2022

Nike claimed trademark dilution, pointing to StockX’s heavy use of trademarks in attracting consumers familiar with the Nike brand. With consumers attributing scams to Nike, the use of Nike’s marks on these NFTs have generated negative associations with Nike in a way that harms Nike’s reputation and immense goodwill.

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Non-Fungible Tokens Ownership False Advertising Fair Use 116

Likelihood of Confusion

NOVEMBER 22, 2021

I’ve made a career here of tut-tutting the impolitic and brand-negating utterance of baseless cease and desist and other threatening letters based on IP infringement, including this recent post about. The post The unbearable dumbness of threatening appeared first on LIKELIHOOD OF CONFUSION™.

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Patently-O

JULY 19, 2023

And, that person’s brand is their name, image, and likeness. In a recent hearing on AI IP issues before the US Senate IP subcommittee, Adobe proposed creating a new federal right of publicity called the Federal Anti-Impersonation Right (FAIR). How should we balance free speech, parody, and fair use concerns?

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Privacy Trademark Law Fair Use Trademark 98

IPilogue

MARCH 2, 2022

Is this Fair Use? Several barriers may preclude Rothschild from successfully claiming fair use. His extensive use of Hermès’s trademarks — i.e., the name “MetaBirkin,” the metabirkins.com domain, the hashtags #MetaBirkins and #NotYourMothersBirkin — is likely commercial in nature, which conflicts with fair use claims.

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Cease and Desist Non-Fungible Tokens Fair Use Intellectual Property 105

LexBlog IP

SEPTEMBER 15, 2022

Transfers of rights: How does the transfer of an NFT impact IP rights in the associated asset? Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context? Infringement of rights: What is the appropriate infringement analysis where an NFT is associated with an asset covered by third-party IP?

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IP Non-Fungible Tokens Artwork Intellectual Property 52

SpicyIP

AUGUST 30, 2021

Kedar concludes that the Court set a much-needed precedent, by settling that even a medical necessity induced by COVID cannot be a free-pass for the pharma-companies to blatantly infringe IP rights and later play victim by justifying their act under the pretext of public emergency. HUL) brand, which compares the brand to Harpic.

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Non-Fungible Tokens Fair Use Advertising Advertising 105

IP Tech Blog

JUNE 8, 2023

Today, in a unanimous decision , the Supreme Court held that the First Amendment will not protect an infringers’ use of a confusingly similar trademark for its goods – even if it is a humorous parody. Without getting into whether VIP’s use was not, in fact, “commercial,” the Court reasoned that the “ ‘non-commercial use’ exclusion.

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Branding Brands Branding Trademark 57

IIPRD

FEBRUARY 25, 2022

Further, the world of digital art itself is so immensely entangled that recreations of designs and products that are protected under IP rights often go unnoticed. This concurrence of NFTs and IP has resulted in numerous issues, some of them are discussed hereunder. IP Implications under NFTs. Conclusion.

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Non-Fungible Tokens IP Ownership Intellectual Property 40

IP and Legal Filings

JULY 31, 2021

Despite this, AGL lawyer Megan Evetts said there was a “clear intention to harm the brand.” Primarily, AGL’s contention was onto the conduct of Greenpeace which was not for criticism or satirical purpose but was for harming the brand and a part to pressurize AGL to change the way for the company to work.

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Social Media Fair Use Copyright Copyright Law 98

SpicyIP

NOVEMBER 17, 2023

Swaraj Paul Barooah Swaraj Paul Barooah is an IP law and policy Consultant and Managing Editor of SpicyIP, globally recognised as a top resource for Indian IP law and policy. His areas of focus include international IP policy, IP & development, and IP & Health.

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Intellectual Property Technology IP Law 105

IP Intelligence

JUNE 1, 2022

Some IP owners may be hesitant to take the jump, wondering how the metaverse is or will be relevant to their business; others are already investing in “goods” and services in the metaverse. And uses of cryptocurrency continue to expand (e.g., Many IP owners have discovered unauthorized use of their brands in the metaverse.

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LexBlog IP

JUNE 9, 2023

VIP filed suit, seeking a declaratory judgment that Bad Spaniels neither infringed nor diluted the Jack Daniels brand. Here, the record presented evidence—including even VIP’s own admission—that VIP used the design elements as a source identifier for its products. The 9 th Circuit reversed on appeal.

Trademark 52

Trademark Cease and Desist Fair Use Branding 52

IP Law 360

JANUARY 26, 2022

Breitling has won its trademark battle with a California jewelry brand over the term "red gold" with a Connecticut federal judge ruling an earlier decision that the watchmaker made fair use of the term closed the book on the remaining issues in the case.

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Trademark Fair Use Branding Brands 40

IP Tech Blog

MARCH 18, 2022

In addition to alleging trademark infringement due to Rothschild’s use of BIRKIN in METABIRKINS as the name for his NFT collection, Hermès complained that Rothschild infringed by using METABIRKINS as a domain name, as a handle on Twitter and other social media platforms, as a brand name on NFT sales platforms, and as a hashtag.

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Trademark Non-Fungible Tokens Branding Brands 62

IP and Legal Filings

JUNE 26, 2023

Introduction Brand owners and traders have long embraced numeral creativity to captivate consumers. Names like 7-eleven, 5 Star, 7Up, and 99acres resonate with consumers, widely reflecting the innovative use of number as brand identities.

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Trademark Fair Use Registration Branding 70

43(B)log

AUGUST 11, 2022

International IP Infringement as Artefact: The Curious Case of Paramount Pictures v Rup Kamal Chitra Arpan Banerjee Film industry 60 years ago was not seen as respectable industry in India: female actors were considered sex workers. Another use: stereotyping or caricaturing: a feminist v. Grynberg: do people use ®? a Feminist ™.

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IP Copying Marketing Marketing 72

Erik K Pelton

DECEMBER 20, 2022

Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use. IP Cases Abound at the Supreme Court. Hetronic International, Inc. Queen of Christmas.

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Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

LexBlog IP

NOVEMBER 30, 2022

Varsity Brands , 137 S.Ct. That 2 nd Circuit decision is now before the Supreme Court to decide on how one should best address questions of fair use and transformative works, which the Court had addressed last year in Google v. Oracle , 141 S. ” Id. at 1203 (quoting 4 Nimmer on Copyright § 13.05[A][1][b]). ” Id.

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IP Intellectual Property Fair Use Trademark 52

IP and Legal Filings

JUNE 12, 2023

Since copying was for the purpose of criticism, it amounted to fair dealing and did not constitute infringement of the copyright. It has become a common to modify brand names, movie titles etc. Author: Tanya Saraswat, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing.

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Copyright Law Copyright Law Copyright Infringement 83

IP Watchdog

JANUARY 22, 2023

Supreme Court granted a petition for writ of certiorari filed by famed whiskey brand owner Jack Daniel’s Properties. Last November, the U.S. The petition filed by Jack Daniel’s appealed the U.S.

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Artistic Work Branding Brands Branding 124

IP and Legal Filings

APRIL 28, 2022

Tiffany is world renowned jewellery brand famous for selling diamond engagement rings since 19 th century. Costco contended that “Tiffany” is not just a brand name but also a recognised term for ring setting which is not infringement as they have been using it in good faith. The post Use In Good Faith?

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Fair Use False Advertising Trademark Branding 52

LexBlog IP

MARCH 15, 2023

Patrick’s Day, we IP nerds must recognize two of the most iconic symbols of Ireland, and how the Ireland protects these marks. Trademark protection is important because it allows the owner of the trademark to prevent others from using the trademark in a way that may confuse consumers or dilute the brand’s reputation.

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Trademark Branding Brands Branding 40

IP and Legal Filings

NOVEMBER 11, 2022

In China, certain reasonable or personal use of copyrighted works without permission or remuneration is permitted where the use falls within the scope of fair use. For example, quoting a small portion of a work in a scholarly article is considered non-infringing fair use.

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Copyright Fair Use Registration Ownership 52

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. A feature of trademark law known as trademark dilution gives the brand owner exclusive rights to the mark, providing them a strong and recognisable trademark.

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