Technology & Marketing Law Blog

MARCH 8, 2024

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money.

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The IPKat

MAY 11, 2024

The fruit industry news has been abuzz this week with reports that a new pineapple will soon be hitting the market in the United States. The pineapple, characterised by its red outer skin and produced in very limited quantities in Costa Rica, is being marketed under the name Rubyglow™ and will retail for nearly $400 per fruit.

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Trademark Registering Trademarks Marketing Marketing 104

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. This isn’t limited to logo design. AI isn’t perfect.

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Designs Design Trademark Copyright 52

Patently-O

FEBRUARY 3, 2023

Unlike patents and copyrights, trademark law is not designed to reward the creative endeavor of invention or authorship. Rather, trademark is designed as a consume-protection and market-function tool and so focuses on consumer perception. On appeal, the TTAB reversed the refusal.

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JD Supra Law

JUNE 19, 2023

Whiskey-maker Jack Daniel’s had accused VIP Products of violating trademark law by selling a dog toy marketed as “Bad Spaniels” and designed to look like a bottle of Jack Daniel’s Old No. Applying the so-called Rogers test—named for an early Second Circuit ruling in this.

Trademark Law 52

Trademark Law Designs Design Marketing 52

Kashishipr

AUGUST 25, 2021

A critical issue to be addressed is whether these limited-edition products can get protection under Intellectual Property (IP) law, just as regular products do, and if yes, then which is the most appropriate form of IP Protection ? Protection for Limited Edition Products under Trademark Law.

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Editing Law IP Designs 105

The IPKat

JANUARY 27, 2022

Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products.

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Trademark Registration Marketing Marketing 138

Garrigues Blog

APRIL 16, 2024

The Supreme Court has delivered a judgment that bolsters copyright protection for works of applied art under criminal law: It sets an important precedent in Spain in distinguishing design as an art that deserves protection under both criminal as well as civil law.

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LexBlog IP

OCTOBER 3, 2023

Of those, inventors who make board games often go straight to patent filings and forget about the trademark analysis. This article considers a sub-category of trademark law that allows for some interesting board game protection. You don’t need an emblem or a name tag to recognize this design as the legendary Lamborghini.

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LexBlog IP

OCTOBER 10, 2023

Eliezer How to Legally Protect your Board Game with Intellectual Property Law Table of Contents: Copyright Law Design Patents Trademarks and Trade Dress Utility Patents Limitations of Protection Say there is a game that’s been around. Learn more about Trademark law for board games and Trade Dress protection.

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Design Patent Intellectual Property Designs Design 52

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. Understanding the Secondary Meaning of Trademark.

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Trademark Designs Design Marketing 52

The IPKat

OCTOBER 1, 2022

According to The Business of Fashion , Kardashian “tweaked Dolce & Gabbana styles from the 1990s and early 2000s” creating “finished looks” with Domenico Dolce and Stefano Gabbana “that were, the designers said, about 20 percent different from the originals.” copyright law. In this negative space of copyright law in the U.S.,

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Copying IP Copyright Law Designs 97

IIPRD

AUGUST 27, 2022

The instant order of the General Court proves wrong the false assumptions that the shape mark is dead under the trademark law based on the doctrine of aesthetic functionality. trademark law which was later borrowed and adopted in a more limited sense in the European trademark law. Jacob Products Co.,

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Trademark Law 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. In Pyrrha Design Inc. Scary Issues with Licensing and Trademarks.

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Intellectual Property Designs Design Copyright 116

IPilogue

MARCH 6, 2023

Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On December 26, 2022, the Japanese IP High Court dismissed an appeal from Christian Louboutin (“Louboutin”), a shoe designer known for its iconic red-bottom heels, in its action against Japanese shoe designer, Eizo Collection Co.,

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IP Branding Brands Branding 59

IP and Legal Filings

SEPTEMBER 17, 2021

Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. As of 2019, the apparel market was valued at about 368 billion U.S Designs or patterns that are created to stitch or print into textiles are protected with the help of design acts in several countries.

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Designs Design Artistic Work Technology 69

Kashishipr

MARCH 2, 2022

Therefore, even after a trademark office grants you your exclusive trademark rights, you must do your part to safeguard such rights well. No trademark office across the globe will ever keep a watch on the market for unauthorized use of your Registered Trademark. Non-Use of a Registered Trademark.

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Registering Trademarks Trademark Registration Trademark Law 105

azrights

OCTOBER 27, 2023

Crocodile International noticed that Lacoste wasn’t using the design it had registered and applied to revoke Lacoste’s trademark for non-use. This broad argument that any use of a crocodile design was use of the registered crocodile trademark was rejected out of hand by the court.

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Trademark 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. Trademark violation raises significant issues. Cybersquatting is another type of trademark infringement.

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Technology & Marketing Law Blog

APRIL 3, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and was one of the signatories of the First Amendment Professors amicus brief filed in Jack Daniel’s Properties, Inc. by guest blogger Lisa P. Ramsey [Lisa P.

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Blogging Trademark Fair Use Trademark Law 102

Biswajit Sarkar Copyright Blog

MAY 29, 2023

This article explores the criticality of trademark searches for new brands. What is a Trademark? A trademark is a recognizable sign, symbol, or expression that represents a brand’s products or services. It can be a word, logo, slogan, design, or even a combination of these elements.

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Intellectual Property Branding Brands Branding 52

Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. The court explains: They describe steps in the process of fashion design and capture much (if not all) of the creative output that Gutman might produce in her role as a designer.

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Social Media Ownership Designs Design 79

IPilogue

OCTOBER 19, 2021

The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. Hershey alleges in their complaint that Cookie Department released packaging and marketing materials for cookie products with the same conical shape.

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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.

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Trademark Intellectual Property Registration Designs 105

The IPKat

SEPTEMBER 15, 2022

One of the first enacted changes concerned the rules for calculation of the compensation paid to the patent owner in the event that an invention, utility model, or industrial design is being used without the patent owner’s authorization. These rules were introduced in the 2021 amendment to Article 1360 of the Civil Code.

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IP Branding Brands Branding 132

IP and Legal Filings

MARCH 19, 2024

However the limitations and restrictions for registration is present not all terms are eligible for registration… a trade mark encompasses with number of elements, including logo, slogans, shapes, sounds, even scents, all designed to distinguish product and services from other competitors.

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Branding Brands Branding Intellectual Property 52

IP and Legal Filings

OCTOBER 4, 2022

However, with the publication on 23 October 2012 of UAE Federal Law No. 4 of 2012 Concerning Regulation of Competition all businesses with operations in the UAE or supplying goods and services to the UAE market will have to ensure that they focus on and comply with the provisions of this new law. image Source : Medium Blog].

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Intellectual Property Law Business Designs 52

IPilogue

JULY 27, 2021

For France, champagne is one of the most prestigious and expensive spirits in the market. While trademark law protecting geographical indications is fairly straightforward, Article 20 caused a fair amount of political debate this past decade. Its objections were unsurprising, to say the least.

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Trademark Law Intellectual Property Branding Brands 106

IPilogue

NOVEMBER 22, 2022

Indeed, when searching the United States Patent and Trademark Office (“USPTO”) database, the signature pose has been registered for many industries, including eyewear and accessories, clocks and watches, leathers, bags, clothing, footwear, games, entertainment, restaurants, etc.

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Trademark Social Media Branding Brands 59

Technology & Marketing Law Blog

NOVEMBER 11, 2023

I don’t understand the shirt’s message, but it clearly has a message unrelated to Car-Freshner’s trademark rights. I see potential legitimate trademark defenses for the design. Trademark Claims Car-Freshner submitted trademark takedown notices to Facebook and Instagram over four user-listed items.

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Trademark Contracts Blogging Fair Use 91

Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. First, design elements that are “physically or conceptually separate” from the article can be protected. Copyright and Halloween Costumes. However, there are two key exceptions to this.

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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.

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Trademark Registering Trademarks Art Cease and Desist 104

Corsearch

APRIL 5, 2024

Key takeaways: Prioritize enforcement: Understand your business, critical markets, competitors, and prioritize enforcement efforts accordingly. Demonstrate value: Stay on top of dockets and use data to demonstrate the value of your trademark efforts to the business.

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Trademark Confidentiality Branding Brands 59

Corsearch

FEBRUARY 22, 2024

What is trademark infringement? Let’s start with the basics; what is trademark infringement? Imagine you’ve conjured up the hottest brand on the market – “Crispy Crunch Delights” , complete with a jazzy logo. Learn more about distinctive trademarks. We explore in this article. Skechers USA, Inc.

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Branding Brands Branding Trademark 59

IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The players can collect up to 30 NFTs in the game, 10 of which are designed by the artist Beeple [i].

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Law Branding Brands Branding 82

IP and Legal Filings

JUNE 12, 2023

Although word marks are by far the most popular tool employed by organisations in this industry, there are numerous other unused tools that can give a competitive edge in the market. This finding has led to the routine rejection of copyright, patent, design, and trademark protection for a range of food products by courts all around the world.

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IP Intellectual Property Trademark Designs 73

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” Gutman’s personality and personal life, these were part of the overall marketing strategy for JLM.

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Social Media Ownership Branding Brands 98