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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Corsearch

FEBRUARY 15, 2024

Allowing brands to connect with their consumers and establish a recognizable online presence, it is a crucial platform to reach audiences on a global scale. Here are some of the most common types of scams observed on the platform: Fake/ impersonation accounts Scammers create fake accounts that closely mimic established brands.

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Likelihood of Confusion

AUGUST 25, 2023

From last week’s INTA Trademark Topics email discussion list. The post Best of 2010: Trademarks, copyright, brand equity, and rent-seeking: Soapbox 2010 appeared first on LIKELIHOOD OF CONFUSION™. First posted on January 17, 2010. One name has been changed to protect the innocent, and the links, by way of.

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Technology & Marketing Law Blog

OCTOBER 5, 2023

Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net.

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Trademark Fair Use Trademark Law Branding 121

LexBlog IP

JULY 18, 2023

This time I will be covering fair use for trademarks instead of copyright. Much like copyright, there are exceptions and limits to what protection owning a trademark can provide you, including what is and is not infringement. Fair use in the trademark space breaks down into two categories.

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Erik K Pelton

DECEMBER 20, 2022

The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.

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Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Trademark and Halloween Costumes. The other major part of the question is trademark. Trademark infringement, however, isn’t like copyright. Copyright and Halloween Costumes.

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Trademark Copyright Cease and Desist Copying 243

IP Tech Blog

NOVEMBER 30, 2022

AJ Press, LLC , the Ninth Circuit affirmed a trademark win for upstart news outfit Punchbowl News. That news splashed a bit of cold water on Punchbowl’s apparent expansion of fair use defenses heralded above. Thus, Punchbowl ’s true impact on trademark law will likely be delayed until resolution of Jack Daniel’s.

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Branding Brands Branding Fair Use 57

LexBlog IP

JULY 12, 2023

As users rush to join the platform, brands should also prioritize claiming accounts in order to guarantee the availability of their choice names—and to prevent potential bad faith registrants. Ownership of a registered trademark may not be enough to claim an account. Threads names may therefore eventually have a wider reach.

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Olartemoure Blog

NOVEMBER 29, 2023

In the digital world, and working with visuals and sometimes with external brands, you navigate a potential minefield of IP risks. Build Trust: Registered content builds trust and credibility, making content more trustworthy for followers and brands. Trademark your Brand: Protect your brand name, logo, or design that distinguishes you.

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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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JD Supra Law

JULY 12, 2023

Branding, including acquiring and protecting your trademarks, is essential to growing your business and protecting against other companies getting a free-ride on your reputation and goodwill. In that case, the appeals court ruled against Lous Vuitton, reasoning the use of the mark was a clear parody, and therefore deemed fair use.

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IP and Legal Filings

OCTOBER 28, 2023

Introduction The Trademarks Act of 1999 introduced trademark dilution. The use of trademarks helps a company set itself apart from its rivals’ products and services. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may. What is Trademark Dilution?

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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. The more arbitrary the numeral trademark is, the stronger protection it receives.

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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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Technology & Marketing Law Blog

JUNE 21, 2023

She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] VIP Products LLC, a dispute involving a “Bad Spaniels” dog toy parody of Jack Daniel’s brand of whisky. 1114(1) or 15 U.S.C.

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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’ve left out the parts specific to registered trademarks and the reference to treaties.

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IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. NFTs are unique tokens based on blockchain technology and used as digital assets. NFTs also may embody or use trademarks.

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LexBlog IP

NOVEMBER 30, 2022

AJ Press, LLC , the Ninth Circuit affirmed a trademark win for upstart news outfit Punchbowl News. That news splashed a bit of cold water on Punchbowl’s apparent expansion of fair use defenses heralded above. In doing so, the court held that First Amendment protection extends to the names of commercial enterprises.

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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. ” The Court noted that applying Rogers to all matters where there is an expressive element would impermissibly extend Rogers to nearly all facets of life and potentially supplant the purpose of trademark law.

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Trademark Cease and Desist Fair Use Branding 52

Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

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Fair Use Trademark Cease and Desist Designs 130

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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SpicyIP

MAY 18, 2022

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. In the US too, several companies are protecting their trademarks for similar goods and services. Aparajita Lath. Image from here. Application date.

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LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. NFTs are unique tokens based on blockchain technology and used as digital assets. NFTs also may embody or use trademarks.

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Trademark Non-Fungible Tokens Intellectual Property Branding 52

Kluwer Copyright Blog

MARCH 1, 2023

In the United States, the doctrine of fair use has been held to permit parody in uses ranging from rap music to children’s books. These fair use rights, the courts have said, have their roots in the U.S. Jack Daniels asserts that the Bad Spaniels toy infringes on its trademark and dilutes its brand.

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IPilogue

JUNE 21, 2022

sued StockX LLC for trademark infringement, false designation of origin, trademark dilution, and related causes. This case has the potential to define the scope of trademark rights against unauthorized uses in the world of NFTs. On February 3 rd 2022 Nike Inc. These issues are novel in their involving the metaverse.

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Non-Fungible Tokens Ownership False Advertising Fair Use 116

JIPEL Copyright Blog

MARCH 16, 2022

The most recent of them is the metaverse, and similar to what has happened to other parallel realities such as video games and social media, the metaverse is being invaded by fashion brands. The new gems being mined are the non-fungible tokens (NFTs), which are already at the center of several trademark battles.

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IPilogue

MARCH 2, 2022

The Birkin’s distinctive shape has acquired a secondary meaning, such that its trade dress has a trademark registration with the US Patent & Trademark Office. Hermès is embroiled in constant legal battles defending the Birkin against trademark infringement and passing-off. Trademark Protection in the Metaverse .

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

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 7, 2022

Cheng is based in Fish’s New York office, where she focuses her practice on trademark, trade dress, unfair competition, and copyright litigation.

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LexBlog IP

MARCH 15, 2023

As these symbols are so closely associated with Ireland, it is not surprising that they are subject to trademark protection in the country. 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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IP and Legal Filings

FEBRUARY 16, 2023

Introduction Trademarks may include any distinctive sign or mark that contributes in differentiating goods or services those of the competitors. In order to maintain the owner’s rights, a trademark must be used and periodically renewed; otherwise, the proprietor might lose the validity and the right of enforcing the trademark.

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43(B)log

FEBRUARY 18, 2022

Lolita Darden, Stopping Zombie Company Trademark Abuse and Consumer Deception in Trademark Abandonment Cases Based on clinic work. b/c standard for proving abandonment is not consistent through US. Lemon/lime squirt bottles indicate product and not brand. User using it to communicate=left to TM fair use doctrines?

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Trademark False Advertising Fair Use Branding 59

Technology & Marketing Law Blog

DECEMBER 11, 2023

MSCHF has frequently targeted major brands. The Second Circuit stayed MSCHF’s appeal of the district court’s ruling that the Wavy Baby infringed Vans’ trademarks pending the Supreme Court’s decision in Jack Daniel’s v. Trading on the goodwill of the trademark” and using the trademark as a source indicator are two very different things.

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IP and Legal Filings

SEPTEMBER 30, 2022

Many shopping, clothing, and accessories websites use augmented reality (AR), allowing customers to try on products in real-time without possessing them physically. Consequently, trademark infringement is becoming a concern in this new world. NIKE’S CONTENTION: i.

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43(B)log

AUGUST 4, 2021

Cathay Smith: Do you foresee a point in time at which an AI might be able to make a fair use/fair dealing decision in the moment? But fair use/dealing typically involves reproduction of a limited portion, and AI could calculate portion. EFF doesn’t want fair use cases in the system; MPAA does.

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The IPKat

JULY 17, 2023

unless the complainant can show one of two things: That the challenged use has “no artistic relevance to the underlying work”; or That it “explicitly misleads as to the source or the content of the work.” In fact, trademarks are often also expressive, containing hints to the relevant product’s origin or characteristics.

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43(B)log

FEBRUARY 24, 2023

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. Does “brand personality” online change what TMs are about? Does “brand personality” online change what TMs are about?

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Trademark False Advertising Fair Use Branding 69