LexBlog IP

MARCH 5, 2024

Docket Navigator is a valuable resource, and the place to go if you want to keep track of new patent litigation filings or want to know what is happening in particular cases, how your judge has historically handled a particular type of motion, or a particular plaintiff’s litigation history. Adim8, LLC v. Avnet, Inc.

Reporting 52

Reporting Litigation Patent IP 52

Patently-O

AUGUST 19, 2022

In 2018, Eagle filed its Abbreviated New Drug Application (ANDA) with the FDA seeking to market a generic version of Par’s vasopressin injection product (Vasostrict) used for emergency blood pressure treatment. ” In re Brimonidine Patent Litig., Eagle Pharm., 2021-2342, — F.4th 4th — ( Fed. 18, 2022 ).

Branding 87

Branding Brands Branding Marketing 87

LexBlog IP

AUGUST 18, 2023

An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US. On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective.

Litigation 52

Litigation Patent Intellectual Property Branding 52

Kashishipr

SEPTEMBER 29, 2022

It is not unusual to encounter counterfeit versions of widely recognized brands like Adidas, Gucci, Nike, etc. Such products are fake and portrayed as popular brands to charge less than the market price and make enormous profits. They usually have a devastating effect on the brand’s reputation and customer loyalty.

Branding 52

Branding Brands Branding Intellectual Property 52

IAM Magazine

JANUARY 11, 2022

Recent lawsuits involving Nike, Peloton, lululemon and others suggest an explosion in consumer demand for high-tech workout gear is leading to IP conflict.

Marketing 52

Marketing Marketing Branding Brands 52

IAM Magazine

JANUARY 11, 2022

Recent lawsuits involving Nike, Peloton, lululemon and others suggest an explosion in consumer demand for high-tech workout gear is leading to IP conflict.

Marketing 52

Marketing Marketing Branding Brands 52

azrights

OCTOBER 18, 2021

Let’s begin by considering the terminology as it’s all too common when it comes to brands to find people have different meanings in mind. The Meaning of Brand. The best way I’ve found to explain brands is by contrasting them to their unbranded commodity counterparts. But brands have a third dimension or a third purpose.

Branding 52

Branding Brands Branding Trademark 52

Intepat

MAY 28, 2024

Apple’s multiple trademark oppositions and IP Litigation worldwide has become a part of its broader strategy to maintain exclusive rights to the “Apple” icon and term. Apple could argue transborder reputation, asserting that its brand’s recognition and reputation extend beyond national borders.

Trademark 52

Trademark Intellectual Property Branding Brands 52

IP Watchdog

FEBRUARY 14, 2024

Fashion is a brand-driven industry, and few brands in the fashion space carry the same cachet as Chanel. But how much control do brands like Chanel have over merchants who resell name-brand items in the secondary market? The answer, according to a federal jury in the Southern District of New York, is “Quite a bit.”

False Advertising 72

False Advertising Trademark Branding Brands 72

azrights

MARCH 15, 2021

There are two drivers of brand asset strength: uniqueness and fame. For example, when you see the swoosh logo of the Nike brand you know it represents Nike even though it may be featured on its own with no name accompanying it. If an asset is less famous, it is more likely to be mistakenly attributed to a competitor’s brand.

Branding 52

Branding Brands Branding Trademark 52

LexBlog IP

DECEMBER 3, 2021

Branding has become more important than ever, particularly in developing an online presence through search engines, various online platforms, and social media. Further, the rise of the “influencer” has opened additional opportunities to deliver brands and products to targeted demographics. Online Marketplace Protection.

Branding 52

Branding Brands Branding Intellectual Property 52

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. . Speaking of ice cream, Ben & Jerry’s is another great brand , like Nike. . How about another test of brand strength? . sneakerheads.

Branding 59

Branding Brands Branding Registration 59

JIPEL Copyright Blog

DECEMBER 15, 2021

Trademark litigation in the fashion world is not a novel concept. While these cases exemplify the tension between different brands and their trademarks, they also allude to the growing misalignment between the luxury fashion industry and trademark law.

Trademark Law 52

Trademark Law Marketing Marketing Trademark 52

IP Watchdog

MAY 5, 2022

My 40th birthday this week brought another litigation explosion (I assume no causation), with 120 new suits, double the average, though a spike is common at the ends of months and quarters; the new filings are dominated by filings by IP Edge, DynaIP, IP Valuation, and to a far lesser extent, Leigh Rothschild’s subsidiaries.

Patent 98

Patent Litigation IP Branding 98

LexBlog IP

FEBRUARY 2, 2023

This installment will focus on NPE litigation as a whole, and what to expect in 2023. On balance, there is a mixed bag of indicators that suggest a slight decline in NPE litigation with the same household names leading the charge. The prevailing view is that litigation generally increases during a recession.

Litigation 40

Litigation Patent Troll Settlement Technology 40

Canadian Intellectual Property Blog

SEPTEMBER 2, 2020

Grey marketing typically consists of a retailer purchasing genuine branded products abroad for less than offered to them from a local distributor. The Québec Court refuses to force Costco to disclose where it obtained genuine goods but offers a practical solution to track down the source of the goods.

Marketing 52

Marketing Marketing Intellectual Property Intellectual Property Law 52

Plagiarism Today

AUGUST 11, 2021

” Prado was talking about the “fast fashion” brand Shein. The wildly popular brand is famed for its imitations of popular, luxury items at bargain-basement prices. That, in turn, is why fast fashion can be so similar to other designers’ works, become so popular and yet be so relatively free of litigation.

Plagiarism 264

Plagiarism Designs Design Copying 264

IP Tech Blog

NOVEMBER 30, 2022

Punchbowl argued, as a threshold matter, that the Rogers analysis had no application because First Amendment protections do “not extend to ‘the brand name of [a] commercial enterprise.’” The post Ninth Circuit: Commercial Brand Names Can Be Expressive Speech appeared first on Global IP & Technology Law Blog. 21-55881, in the U.S.

Branding 57

Branding Brands Branding Fair Use 57

LexBlog IP

NOVEMBER 29, 2023

Walsh You can’t “trademark your copyright,” but you can protect your brands and innovations with intellectual property rights. They discuss the significance of protecting distinct creations, from inventions to brands to original works of authorship, in the competitive middle market landscape throughout the world.

Intellectual Property 52

Intellectual Property Intellectual Property Law Marketing Marketing 52

43(B)log

OCTOBER 11, 2021

Goldsein also sent marketing materials incorporating RCI images to various vendors, including in a PowerPoint presentation. The court noted, that, “[o]n the one hand, the global market for fine jewelry is perhaps enormous.” But “the market for name-brand, artistically produced luxury jewels is surely a discrete subset of that industry.”

Marketing 59

Marketing Marketing False Advertising Advertising 59

Kashishipr

APRIL 13, 2022

The dramatic rise in e-commerce in the last two decades saw many brand and business owners struggling to safeguard their Intellectual Property (IP) assets in cyberspace, starting from domain names and then going onto social media handles. Furthermore, the purchase of virtual products and services could be used in multiple virtual worlds.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116

LexBlog IP

MARCH 24, 2023

The lease agreement allows the NCAA to use the trademark “Sweet Sixteen” in its marketing, promotions, and other activities related to the tournament, but the KHSAA retains ownership of the trademark. From trademarks to copyrights, the NCAA is diligent in protecting its rights and the value of its brand.

Branding 40

Branding Brands Branding Cease and Desist 40

Fish & Richardson Trademark & Copyright Thoughts

JULY 11, 2022

The Pharma Letter asked Ms Del Dotto, an intellectual property and life sciences litigation attorney, for an overview of changes made under the recent Orange Book Transparency Act, as well as an insight into potential exclusivity changes under consideration by the U.S.

Patent Law 90

Patent Law Patent Branding Brands 90

Patently-O

NOVEMBER 27, 2023

An exotic insurance product has recently taken the litigation world by storm. 1] Now, it’s hard to avoid; a brief Internet search will turn up hundreds of hits and dozens of explainer articles by insurance brokers, law firms, and litigation funders extolling the benefits and pitching such policies to appellants.

Settlement 82

Settlement Litigation Branding Brands 82

azrights

JUNE 19, 2023

Last week I mentioned that Tesco lost the benefit of its million-pound marketing spend because it used the Clubcard name instead of a stronger name like Tescocard. It’s the same reason why the branding industry gets away with delivering a poor service to clients. That’s the drawback with meaningful names.

Branding 52

Branding Brands Branding Business 52

SpicyIP

JANUARY 30, 2024

What if we tell you that there is a drug that is used for treating diabetes, but has a similar/ almost identical brand name as another drug used for treating a type of cancer. Eerily the issue of similar brand names for different drugs treating different ailments is pretty common in India. Surprising, isn’t it?

Branding 116

Branding Brands Branding Social Media 116

JD Supra Law

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose. By: Weintraub Tobin

Trademark 52

Trademark Law Trademark Law Branding 52

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 30, 2022

Fish & Richardson has received four coveted “Highly Recommended” rankings from LMG Life Sciences in the areas of General Patent Litigation , Hatch-Waxman Patent Litigation (Branded) , Patent Prosecution , and Patent Strategy and Management. Dorothy Whelan. Tony Zhang.

Intellectual Property 52

Intellectual Property Patent Prosecution Litigation Branding 52

IP Watchdog

MARCH 30, 2023

Court of Appeals for the Federal Circuit (CAFC) got it wrong, and that the decision could upend the careful balance contemplated by the Hatch-Waxman Amendments between incentivizing new brand name drugs and allowing cheaper generics into the market.

Government 115

Government Branding Brands Branding 115

The IPKat

MARCH 24, 2024

Brands like Rolex, Patek Philippe and Audemars Piguet hold rich trade mark and design portfolios and enforce their rights vigorously. Horology is however a market steeped in history with its own unwritten rules and customs. A recent trend in this field is the customization or personalization of luxury timepieces, or “modding”.

IP 70

IP Marketing Marketing Reporting 70

IP Watchdog

APRIL 12, 2024

The entry of upstart discount supermarkets Lidl and Aldi into the market has created new pressures on the established brands, including Tesco— ironically, the original "pile it high and sell it cheap” operation. Supermarkets compete aggressively for our custom.

Branding 52

Branding Brands Branding Marketing 52

JD Supra Law

OCTOBER 5, 2021

Over the past year, I've carefully followed the increase in litigation brought by artists against retailers — clothing brands, automotive brands, and food and beverage chains — for the alleged copying of their distinctive artwork in fashion designs and marketing campaigns.

Artwork 52

Artwork Branding Brands Branding 52

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.

Trademark 86

Trademark Social Media Advertising Advertising 86

The IPKat

AUGUST 1, 2023

Background This case concerns the latest instance of litigation brought by Lifestyle Equities (Lifestyle), a licensee of the BEVERLY HILLS POLO CLUB mark, against another polo clothing company – this time the UK-based Royal County of Berkshire Polo Club (RCB). Only Ralph Lauren’s operated on its own, without any additional wording.

Branding 52

Branding Brands Branding Marketing 52

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

It is also called a brand name because it contains names, symbols, logos, and taglines that help to identify and differentiate a company’s goods and services from those of others. Customers can simply differentiate between the brands they were looking for. Customers can identify the brand and its products by a glance.

Business 52

Business Trademark Registration Cease and Desist 52

IP Law 360

DECEMBER 2, 2022

Edible Arrangements has signaled its intent to drop its Illinois federal trademark dispute against a competitor marketing edible weed products under the brand name "Incredibles," saying the landscape of the cannabis industry is shifting too quickly to litigate the case.

Branding 40

Branding Brands Branding Litigation 40

The IPKat

DECEMBER 27, 2023

Facts Ouest SCS sells various second-hand and brand-new goods under the Easy Cash banner in France. Second-hand Chanel cosmetics and fragrances were sold in some of those shops, including samples [ IPKat on Chanel recent litigation here and here ]. Some of the products were labelled " can only be sold by Chanel-approved stockists ".

Marketing 112

Marketing Marketing Intellectual Property Law 112