Technology & Marketing Law Blog

NOVEMBER 27, 2023

The United States Patent and Trademark Office (USPTO) refused registration of “Trump Too Small” under Section 2(c) of the Lanham Act ( 15 USC 1052(c) ) because the phrase includes a living individual’s name without his written consent. Tam (2017) and Iancu v. The text of Section 2(c) is viewpoint-neutral.

Registration 74

Registration Trademark Blogging Law 74

Erik K Pelton

NOVEMBER 29, 2021

Achieve registration. Enforce your trademark , if necessary, by sending cease and desist letters, or take down notices, or otherwise engaging with infringements. Enforce your trademark , if necessary, by sending cease and desist letters, or take down notices, or otherwise engaging with infringements.

Trademark 147

Trademark Cease and Desist Branding Brands 147

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Trademarks perform the following functions- Trademark or logo helps identify the goods and services easily: A trademark serves as a means of identification for a certain brand, corporation, or other entity, allowing it to be clearly distinguished from the other brands on the market. It takes years for them to get registration.

Business 52

Business Trademark Registration Cease and Desist 52

Intepat

MAY 28, 2024

The logo, consisting of a stylized apple with a bite taken out of it, is instantly recognizable amongst the consumer base and needs no introductions amongst the market & trade channels. has invested heavily in marketing and brand promotion, making its trademark well-known to consumers. Prior Registration and Use: Apple Inc.

Trademark 52

Trademark Intellectual Property Branding Brands 52

SpicyIP

SEPTEMBER 25, 2023

Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Some Perspectives Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Emami Ltd. Image from here Kia Wang vs The Registrar of Trademarks & Anr.

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

Patently-O

JULY 20, 2023

The proposed registration filings focused on iconic elements of the boot, including the silhouette features shown above. Timberland boots have been on the market for 50 years, and according to the record the company has “never has demanded that competitors cease and desist from selling look-alike boots.”

Designs 74

Designs Design Cease and Desist Design Patent 74

The IPKat

DECEMBER 14, 2023

Stephen Mouka issued a Cease and Desist Notice to the public after an X user created and shared a limited merchandise bearing the slogan. Things, however, took a different turn in when Njemanze's application and registration of Domittila as a trademark were revoked by the Trademark Tribunal. Katpost on the decision here.

IP 83

IP Service Mark Cease and Desist Registration 83

Indiana Intellectual Property Law

AUGUST 9, 2021

Hammond, Indiana – Monster Energy Company (“Monster”), the Plaintiff, claims to be a nationwide leader in marketing and selling ready-to-drink beverages. billion dollars promoting and marketing the MONSTER brand including the Claw Icon and the Monster Trade Dress. Since 2002, Monster asserts it has spent over $8.5

Cease and Desist 52

Cease and Desist Trademark Branding Brands 52

IPilogue

OCTOBER 19, 2021

Hershey alleges in their complaint that Cookie Department released packaging and marketing materials for cookie products with the same conical shape. In response, on August 28, Hershey sent a cease-and-desist order on its Kisses trademark, which led to the September 28 lawsuit.

Cease and Desist 106

Cease and Desist Branding Brands Branding 106

Erik K Pelton

NOVEMBER 3, 2020

Believe it or not, I even had to face changing my brand name early on as a result of receiving a cease and desist letter! a great trademark: Marketing department. And, it’s even more helpful to hire an experienced trademark attorney to handle the registration process. In fact, small businesses may be even more capable.

Business 130

Business Trademark Cease and Desist Branding 130

The IPKat

AUGUST 8, 2021

Registration was obtained in March 2018 by decision of the Opposition Division following an unsuccessful opposition filed by Aeroporto di Villanova d’Albenga SpA (Riviera-Airport) (the applicant), which was named Aeroporto Villanova d’Albenga SpA at the time of the opposition. azacilik Tekstil Sanayi ve Ticaret v EUIPO (C?104/18 104/18 P) ).

Cease and Desist 128

Cease and Desist Registration Business Marketing 128

IP and Legal Filings

NOVEMBER 11, 2021

A trademark refers to a name, mark, or sign through which the products belonging to a company or a person can be distinguished from other products in the market. Firstly, trademarks help distinguish one product from another in the market. Primarily, trademarks perform four functions. Trademark genericide and its contributive factors.

Trademark 83

Trademark Cease and Desist Branding Brands 83

Kashishipr

OCTOBER 6, 2021

Any business owner looking to distinguish himself from others in the market would be wise to safeguard the elements that make his business unique. The non-availability of a domain name of the trademark selected is a vital factor to be considered while clearing the trademark for registration. Elements of Trademark Clearance.

Business 105

Business Trademark Cease and Desist Registration 105

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

IPRs are crucial for startups as they safeguard their unique ideas and creations, enabling them to establish a competitive edge in the market. Trade Secrets: Trade secrets encompass confidential information critical for a startup’s success; this may include formulas, processes, customer lists, marketing strategies etc.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

Selvam & Selvam Blog

MARCH 28, 2022

Through this, the former aims to monopolize the market and kick out any remotely similar business operating under the mark. This is often perceived as a means of brand building and a way to assert and secure their position and goodwill in the market to avoid losing customers or market share to the smaller entities.

Cease and Desist 40

Cease and Desist Trademark Due Diligence Intellectual Property 40

Plagiarism Today

OCTOBER 26, 2021

The name Beetlejuice, for example, has multiple registered trademarks related to it including registration number 4863369, which covers the use in “Clothing for men, women and children…”. Lawsuits around these particular issues are rare and the disputes that do arise typically are handled through cease and desist letters or takedown notices.

Trademark 243

Trademark Copyright Cease and Desist Copying 243

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Sometimes marketing departments and independent divisions spin out valuable intellectual property assets that, for one reason or another, never made it past the desk of general counsel or a responsible executive.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

TorrentFreak

AUGUST 21, 2021

Last year his Area 51 service was shut down following a cease-and-desist issued by the Alliance For Creativity and Entertainment (ACE). “As Plaintiffs point out, Defendant’s activities also expand the market for infringing services, which causes further harm to Plaintiffs. Early July in a California court, Warner Bros.,

Cease and Desist 145

Cease and Desist Settlement Copyright Infringement Copyright 145

Technology & Marketing Law Blog

APRIL 29, 2023

” As for the remaining copyright-based takedown notice, the court says it doesn’t matter that BAYC didn’t have a copyright registration for the work at issue because unregistered works are still protectable. Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v.

Fair Use 98

Fair Use Cease and Desist Copyright Trademark 98

43(B)log

AUGUST 18, 2021

For example (the details vary a little depending on defendant, but you get the picture): The STURGIS BIKE WEEK registration dates to 1997; defendants’ “Sturgis Motor Classic” came from 1997-98. During this period, defendants continued to grow and develop their inventory and marketed “Sturgis” and “Sturgis Motor Classic” rally products.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

Intepat

JUNE 5, 2023

Introduction It is not uncommon for market competitors to find themselves in a courtroom confrontation over trademark infringement cases. Background In 2018, PhonePe sent a cease and desist notice to the Defendant, requesting that they cease using the brand name with the ‘Pe’ component written in the Devanagari script.

Trademark 52

Trademark Cease and Desist Branding Brands 52

Technology & Marketing Law Blog

MAY 30, 2022

Finally, it points out Viacom is the owner of three valid trademark registrations for the KRUSTY KRAB mark and 400 copyright registrations covering “creative aspects of the SpongeBob SquarePants franchise,” including episodes from the animated television series, movies, drawings, and stylebooks featuring artwork from the franchise.

Blogging 92

Blogging Social Media Television Fair Use 92

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. The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement.

Trademark 86

Trademark Social Media Advertising Advertising 86

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. ” Nevertheless, the successor licensee sent DMCA takedown notices to Amazon targeting the registrant’s stripped-down sticker. .”

Registration 112

Registration Fair Use Copyright Designs 112

Garrigues Blog

OCTOBER 19, 2021

Registrations will not prevent others per se from trying to enter the market with similar signs covering similar goods and services: you need to be vigilant and take into account the following ground rules. If you own a business in Portugal and have a registered trademark, these recommendations will prove useful.

Trademark 59

Trademark Cease and Desist Registration Litigation 59

Technology & Marketing Law Blog

MARCH 6, 2022

Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. Babybus appeared first on Technology & Marketing Law Blog. Ozimals. * 17 USC 512(f) Claim Against “Twilight” Studio Survives Motion to Dismiss–Smith v. MGA Entertainment.

Fair Use 97

Fair Use Cease and Desist Copying Copyright Infringement 97

Technology & Marketing Law Blog

MARCH 15, 2022

Fuxi, the putative copyright owner, has a registration for an image of printed sage leaves (the left image): The alleged infringer, the Sunny Factory, sells the candles on the right on Amazon. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. MGA Entertainment.

Copyright 128

Copyright Fair Use Cease and Desist Litigation 128

IP Tech Blog

AUGUST 17, 2022

The case was adjudicated in 2022 by the Weihai Market Supervision and Administration Bureau of Shandong Province in favor of Tsingtao Brewery and has been selected as a model trademark enforcement case by the State Administration for Market Regulation. Is this however a case of trademark infringement? Tsingtao’s choice.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

LexBlog IP

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Sometimes marketing departments and independent divisions spin out valuable intellectual property assets that, for one reason or another, never made it past the desk of general counsel or a responsible executive.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

Technology & Marketing Law Blog

AUGUST 18, 2022

The Copyright Office registered this work: The registration makes sense with the landscape backgrounds. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. Day to Day Imports appeared first on Technology & Marketing Law Blog. This is a messy case with complex facts.

Fair Use 104

Fair Use Cease and Desist Copyright Blogging 104

SpicyIP

MARCH 27, 2023

Other posts IP Financing in India – Part I: Perfection of Security and (Non) Registration of Copyright Despite the increasing importance of intellectual property in the modern economy, there is a surprising lack of attention given to IP financing in India.

Designs 105

Designs Design Cease and Desist Art 105

Kashishipr

JULY 21, 2021

The world’s largest markets for e-commerce are the United States of America, China, the United Kingdom, etc., Proof of IP Ownership – IP Registration Certificate or Copyright Recordal Certificate is necessary. Takedown notices, cease and desist notices, etc.,

Branding 105

Branding Brands Branding Cease and Desist 105

The TTABlog

JUNE 17, 2021

Finding that Petitioner failed to demonstrate its entitlement to maintain its genericness claim (f/k/a standing), the Board tossed out this petition for cancellation of two registrations for the mark ADVENTIST for religious publications, film production and distribution, educational services, and religious and missionary services.

Cease and Desist 52

Cease and Desist Registration Trademark Ownership 52

Art Law Journal

JUNE 30, 2022

Although copyright registration is not required, there are several benefits to doing so. To see more on the benefits of copyright registration, see Stop, Thief! Trademark Registration. Given the investment required to bring a company or product to market, it is well worth having a trademark attorney handle the application. .

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

SpicyIP

MAY 15, 2023

Considering that the petitioner is the prior user of the mark and has an earlier registration, Delhi High Court directs the Trademarks registry to remove the respondent’s allegedly similar mark. Case: Holyland Marketing Pvt. The defendants applied for registration of their mark on 13th April 2009. 50,000/- to be paid to YSL.

Trademark 104

Trademark Registration Cease and Desist IP 104

LexBlog IP

AUGUST 17, 2022

The case was adjudicated in 2022 by the Weihai Market Supervision and Administration Bureau of Shandong Province in favor of Tsingtao Brewery and has been selected as a model trademark enforcement case by the State Administration for Market Regulation. Is this however a case of trademark infringement? Tsingtao’s choice.

Trademark 52

Trademark Registering Trademarks Art Cease and Desist 52

SpicyIP

DECEMBER 24, 2023

UK Supreme Court Confirms No Patent for “AI-invented” Inventions Image from here On December 20, the UK Supreme Court affirmed its previous decision to deny registration to inventions by Dr. Stephen Thaler’s AI DABUS, holding that an AI software cannot be listed as an inventor. SpicyIP intern Vedika discusses this development.

Registration 52

Registration Trademark Copyright Registering Trademarks 52