LexBlog IP

JUNE 13, 2022

Product placement, by which I mean the placement of branded products in films and TV shows, is a prevalent feature in media. As a trademark attorney (since I can’t seem to turn it off), I appreciate the legal complications of product placement. One possibility is a likelihood of confusion claim.

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Trademark Registering Trademarks Branding Brands 52

Corsearch

AUGUST 30, 2023

We’ve put together a comprehensive glossary of trademark terms for both seasoned practitioners and those that are new to the field. Whether you’re interested in trademark screening, searching, clearance, registration, or watching, refer to this glossary of key terms to help you in your day-to-day role. See registration fee.

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Trademark Registration Registering Trademarks Designs 52

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. The decision in Jack Daniel’s Properties, Inc. as a trademark). 2 On Your Tennessee Carpet.”

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Trademark Branding Brands Branding 52

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. By Guest Blogger Lisa P.

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Trademark Blogging Trademark Law Fair Use 100

Kashishipr

MAY 18, 2022

For any company to thrive and do exceptionally well in the open market, it must create brand recognition among the general public and enhance the brand value. The simplest mechanism of achieving the same is through Trademark Registration. A trademark reflects the source or origin and the quality of the products or services.

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Trademark Registering Trademarks Marketing Marketing 45

Kashishipr

OCTOBER 6, 2021

Part of this research includes performing a Trademark Clearance Search. A trademark clearance search is vital because it allows you to get ahead of obstacles and avoid potential legal issues before they arise and before the company invests time and resources in developing its trademark. Elements of Trademark Clearance.

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Business Trademark Cease and Desist Registration 105

Kashishipr

AUGUST 18, 2021

What is Meant by a Family of Trademarks? Trademarks are distinctive marks, symbols, or labels used to differentiate goods belonging to one entity from that of another to avoid deception concerning the origin of those goods or services. Characteristics of a Family of Trademarks.

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Trademark Registration Branding Brands 105

SpicyIP

MARCH 10, 2024

His passion lies in understanding the intersection of economics and public health with intellectual property rights. Given that trademark infringement suits over deceptively similar trademarks occur all the time, this post attempts to highlight when bad faith can be imputed to the act of registering a deceptively similar trademark.

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Trademark Registering Trademarks Registration False Advertising 59

43(B)log

NOVEMBER 8, 2023

I’m going to talk briefly about last term’s Jack Daniels case—a trademark infringement and dilution case—as well as Elster, argued last week, in which the Justices appeared inclined to reject a First Amendment challenge to the refusal to register the claimed mark “TRUMP TOO SMALL” for t-shirts.

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False Advertising Advertising Advertising Trademark 75

LexBlog IP

NOVEMBER 29, 2022

Sections 32(1)(a) and 43(a)(1)(A) of the Lanham Act impose civil liability on any person who “use[s] in commerce” a trademark in a manner that “is likely to cause confusion, or to cause mistake, or to deceive.” ” 15 U.S.C. 1114(1)(a); 15 U.S.C. 1125(a)(1). § 1121(a). Abitron Austria GmbH v.

Trademark 52

Trademark Law Branding Brands 52

SpicyIP

FEBRUARY 13, 2023

Other Posts Honesty as a Defense vis-à-vis Trademark Infringements: Principle or Provision? Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision.

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Designs Design Trademark Cease and Desist 52

The IP Law Blog

APRIL 22, 2021

In the 9th Circuit (as well as the 2nd, 5th, 6 th , and 11th Circuits), the test for determining whether the use of a third-party trademark in an expressive work (i.e., use of a brand within a movie, TV series, video game, etc., The Rogers test was adopted by the 9th Circuit in Mattel, Inc. However, in Gordon v. Drape Creative, Inc. ,

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Television Trademark Registering Trademarks Art 52