Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. As per a report, influencer marketing investment is expected to reach $15 billion in 2022. It currently accounts for about 15% of the entire revenue spent on global advertising. How to Ensure Compliance with IP?

Social Media 52

Social Media Intellectual Property Registration Branding 52

Technology & Marketing Law Blog

AUGUST 30, 2023

The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. ” Marketing channel. It would be accurate to classify this ruling as another trademark owner loss in a competitive keyword advertising case, despite the fact that the trademark appears in the ad copy.

Advertising 89

Advertising Advertising False Advertising Trademark 89

IP and Legal Filings

SEPTEMBER 8, 2023

As per the Trademarks Act 1999 , the definition of trademark explicitly conveys that only the graphical representation of the marks and the element of in comparability i.e dissimilarity between the existing marks either in terms of shape, size, color, picture serves the essentials of a trademark.

Trademark 52

Trademark Registration Marketing Marketing 52

IPilogue

OCTOBER 28, 2021

In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. Scary Issues with Licensing and Trademarks. It appears in the U.S.,

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

Kashishipr

DECEMBER 15, 2021

For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. In simple terms, the shape must be highly recognizable, noticeably distinct from other products in the market, and offer a clear indication of the origin of the product. Registration took two years.

Trademark 105

Trademark Intellectual Property Registration Designs 105

Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name.

Trademark 52

Trademark Designs Design Marketing 52

IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. registration requirements. Provisions of intellectual property law will be applicable to NFTs. Trademark: NFTs may also be protected as a trademark. data retention.

Non-Fungible Tokens 86

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 86

LexBlog IP

APRIL 19, 2023

Sellers need to be aware of competitor patents before introducing a product to the market. The purpose of a trademark is to prevent consumer confusion about the source of the corresponding product. This can lead to expensive “false marketing” litigation. pictures or descriptions) for use on their own materials.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

Intepat

MAY 24, 2023

More than 120 years ago, nine countries established a particular unit for the international registration of marks, known as the Madrid System. More and more countries have signed up to this unique international trademark registration system. What is a Provisional Refusal under the Madrid System?

Registration 52

Registration Trademark Intellectual Property Reporting 52

LexBlog IP

MAY 15, 2023

” This is like a watermark that a producer can place in their song to detect copying. With this verifiable copying of copyrighted music owned by UMG, the company was able to issue a Digital Millennium Copyright Act (DMCA) takedown to the platforms hosting the song.

Copyright 52

Copyright Music Social Media Art 52

Technology & Marketing Law Blog

APRIL 29, 2023

.” Most of the opinion discusses the trademark implications of Ripps’ rival NFT collection. With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v.

Fair Use 100

Fair Use Cease and Desist Copyright Trademark 100

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. There have been some court decisions on this precise topic, but the law is not completely settled. But what rights do you have to what it creates for you?

Designs 52

Designs Design Trademark Copyright 52

IP and Legal Filings

SEPTEMBER 17, 2021

As of 2019, the apparel market was valued at about 368 billion U.S For the same reason, several famous designers in India such as Anju Modi, Rohit Bal, Anita Dongre, and Masaba Gupta have legally protected their designs to avoid the creation of counterfeit apparel, copies, or knock-offs of their designs by unauthorized parties.

Designs 72

Designs Design Artistic Work Technology 72

LexBlog IP

JULY 5, 2023

On June 29, 2023, the Supreme Court adopted a restrictive view of the extraterritorial application of the Lanham Act, holding that federal trademark law cannot support a claim for trademark infringement against solely foreign conduct. The case is Abitron Austria GmbH v. Hetronic International, Inc.

Trademark 52

Trademark Marketing Marketing Contracts 52

LexBlog IP

SEPTEMBER 15, 2021

The Court of Appeals affirmed the previous decision of the district court which found that Australian Leather had wilfully infringed Deckers’ “UGG” trademarks by selling less than 15 pairs of UGG branded boots in the U.S., Background.

Trademark 52

Trademark Registration Branding Brands 52

43(B)log

DECEMBER 1, 2022

Grimaldi grounds, the district court’s grant of summary judgment to MTV on the resulting trademark claims. MGFB has a federal registration for FLORA-BAMA for “bar and restaurant services” and several entertainment services, including “social entertainment events,” live musical performances, and “competitions for fish throwing.”

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

IIPRD

OCTOBER 17, 2022

The first and the foremost question which crosses our minds is that does the digital assets in the virtual reality fall under the category of “Goods” under trademark law, and who should be held liable for infringement when the infringer is unknown. It also protects the product from unauthorized use by a third party.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

IP and Legal Filings

JUNE 12, 2023

Finding a differentiator in a field that is becoming more and more competitive, where the distinctions between original ideas and copies are frequently blurred, is crucial. As a result, the UK Court of Appeals recently challenged Cadbury’s registration of a dark-purple colour for their chocolate packaging.

IP 76

IP Intellectual Property Trademark Designs 76

azrights

OCTOBER 18, 2021

Trademarks can last forever provided you continue to use them, and you renew your registration. While most people know that the name is an important choice, there is less awareness of what actually constitutes a good name from a trademark perspective. Trademarks impact what you should choose to create.

Branding 52

Branding Brands Branding Trademark 52

IIPRD

OCTOBER 14, 2022

Even though traditional banks continue to command the financial market by offering standard operations such as payments, deposits, and credit; they need to understand that now, they are not the only players. With the size of such a market, there is always a high possibility of intellectual stealing in order to maximize profit.

Intellectual Property 52

Intellectual Property Confidentiality Copyright Technology 52

Intepat

MAY 16, 2023

The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks. 14 provides that if anyone files an application for the registration of a trademark, the consent of the living person must be taken and it should not be falsely or fraudulently obtained.

Branding 98

Branding Brands Branding Personality Rights 98

Technology & Marketing Law Blog

OCTOBER 19, 2021

Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” Thus, other cases have applied conversion law to alleged theft of domain name registrations (e.g., ” Wait, what? We need to know more about this license.

Licensing 91

Licensing Copyright Contracts Advertising 91

43(B)log

FEBRUARY 19, 2022

Gripers and Political Critics Cases involving criticism of ordinary commercial actors provide a fascinating contrast to both noncommercial speech sold in the market and to political and religious conflicts. The 9th Circuit in Bosley v. Kremer, the 4th in Radiance Foundation v.

Trademark Law 72

Trademark Law Trademark Art Branding 72

43(B)log

JUNE 24, 2022

RT: I would say lots of courts in © also try to reduce merger to meaning that you can do anything but copy verbatim, which is a narrowing that many courts in TM don’t bother with, though some variants of Rogers v. U’s registration for THE for clothing and other merchandise by putting THE on a hangtag. Registration v.

Trademark Law 75

Trademark Law Law Trademark Registration 75

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

The manufacturer can sue the seller for copying its shots; the manufacturer can sue for false advertising if non-official shots aren’t “accurate,” and freelancers love to sue over product shots they took and ones they think are too similar to the ones they took.]. Trademark owners will weaponize that ambiguity.

Trademark 139

Trademark False Advertising Advertising Advertising 139

IIPRD

JUNE 14, 2021

However, there lies an unfilled gap between the existence of such rights and their application in the real world which has led to the development of the omnipresent problem of copying an individual’s work rather than using one’s own craftsmanship. In another case, that is Castrol India Limited &Ors. Iqbal Singh Chawla&Ors. ,

Intellectual Property 40

Intellectual Property Artistic Work Designs Design 40

LexBlog IP

MARCH 28, 2023

Now, as a practical matter, parodies won’t confuse when differences in marks, markets, or message, typically ridicule, signal that the brand company didn’t make the joke. But absent these features, pervasive copying and trading off a brand’s goodwill tends to confuse. The argument got spirited quickly.

Branding 52

Branding Brands Branding Trademark 52

LexBlog IP

MARCH 28, 2023

Now, as a practical matter, parodies won’t confuse when differences in marks, markets, or message, typically ridicule, signal that the brand company didn’t make the joke. But absent these features, pervasive copying and trading off a brand’s goodwill tends to confuse. ” The argument got spirited quickly.

Branding 52

Branding Brands Branding Trademark 52

SpicyIP

FEBRUARY 13, 2023

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. Delhi High Court Imposes Costs worth INR 2 Cr. on Triveni Interchem Pvt.

Designs 52

Designs Design Trademark Cease and Desist 52

Technology & Marketing Law Blog

DECEMBER 11, 2023

Thus, we learn nothing from the Second Circuit about how the new trademark use test should be applied going forward. As the new threshold test for application of Rogers , courts can’t simply assume trademark use based on the close copying of the plaintiff’s goods. at 156 (citation omitted)”). Tam , 582 U.S. 218 (2017); Iancu v.

Blogging 114

Blogging Trademark Branding Brands 114

SpicyIP

SEPTEMBER 8, 2023

Hari Shankar noted that Dabur appeared to be attempting to pass off its product as Emami’s, by intentionally copying key elements of Emami’s product packaging, which had been in the market since 1989.

Registration 111

Registration Trademark Marketing Marketing 111

TorrentFreak

DECEMBER 22, 2022

In parallel, websites that sell pirated copies of TIR’s copyrighted videos compete in the same market by targeting TIR’s customers. ” Cloudflare’s claim that it has never modified the intended destination of DNS responses “at the request of law enforcement or another third party” is also mentioned.

Privacy 119

Privacy Copyright Infringement Trademark Copyright 119

SpicyIP

DECEMBER 12, 2023

But the facts pertaining to its market share indicate that the mark has achieved distinctiveness. The statutory threshold for proving trademark dilution is pegged higher when compared to trademark infringement and passing off. For the benefit of readers, I am copy-pasting the relevant parts of the judgment: “9.

Trademark 59

Trademark Branding Brands Branding 59

IP and Legal Filings

SEPTEMBER 8, 2021

According to a report by Markets and Markets, the cryptocurrency market is expected to grow from USD 1.6 In a broad sense, blockchain technology can be defined as an open ledger of information that is used to keep a digital record of the transactions that occur in the crypto market. billion in 2021 to USD 2.2

Intellectual Property 66

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 66

LexBlog IP

JULY 21, 2021

It can also mean as the proxy or substitute holder of rights here on earth because no spiritual being will receive a copyright certificate, trademark registrations, or letters patent. provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. Lal Babu Priyadarshi ].

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

The IPKat

MARCH 7, 2022

Still the Circular does hold out a ray of hope, noting that- [u]nder certain circumstances, names, titles, or short phrases may be protectable under federal or state trademark laws. The upshot is that anyone hoping to find IP refuge on either the copyright or trademark island will be disappointed.

Copyright 96

Copyright Trademark IP Public Domain 96

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film. Trademark etc.

Fair Use 52

Fair Use Trademark Copyright Editing 52