IP and Legal Filings

MARCH 5, 2024

For trademark owners, litigation was their main option. It gave them the ability to sue in court to stop infringement and recover damages for unapproved use of their marks. Trademark owners frequently used cease and desist letters to pressure infringers to stop using their marks without authorization before taking legal action.

Trademark 84

Trademark Social Media Advertising Advertising 84

SpicyIP

AUGUST 22, 2022

Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice. The Indian counterpart of fair use in trademark law is embodied in Section 30 of the Trade Marks Act, 1999. These NFTs were available on OpenSea- an online NFT marketplace.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Technology & Marketing Law Blog

JUNE 21, 2023

As I noted on Twitter , nothing in the opinion suggests that the display of parodies, jokes, or other messages on the surface of toys, T-shirts, or other types of expressive merchandise would, by itself, constitute a trademark use of another’s mark or trade dress. Redbubble, Inc. , Youngs Drug Products.

Trademark 99

Trademark Blogging Trademark Law Fair Use 99