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

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.,

Copying 97

Copying IP Copyright Law Designs 97

Technology & Marketing Law Blog

JUNE 21, 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 recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.

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Trademark Blogging Trademark Law Fair Use 100

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

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

DECEMBER 11, 2023

What the second Circuit did say was that, like in the Jack Daniel’s case, the Wavy Baby used plaintiff’s trademarks and trade dress throughout the design of its product. But especially in a case of an alleged parody, that doesn’t answer the trademark use question. at 156 (citation omitted)”). Acuff-Rose Music, Inc.,

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Blogging Trademark Branding Brands 112

SpicyIP

JANUARY 2, 2024

M P Ram Mohan is a Professor in the Strategy Area at the Indian Institute of Management Ahmedabad and Aditya Gupta is a lawyer by training and is presently working on issues that fall at the intersection of IP law, freedom of expression, and business strategy.

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Trademark Law Trademark Law Registration 59

Garrigues Blog

MAY 25, 2022

Can a company monopolize a certain way of presenting its articles to the market without having a recognized exclusive right? In an exception to this general principle, however, the ability to freely imitate the offerings of competitors in the market may be restricted if an exclusive right is held.

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Law Marketing Marketing Business 52

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

MARCH 19, 2024

INTRODUCTION For consumer identification and brand protection a crucial mechanism is important which is served by trade mark law. encourages creativity ; to stand out in the market , businesses will be creative in developing unique brand names and identities which is forced by limitation on the common words.

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Branding Brands Branding Intellectual Property 52

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 76

Corsearch

APRIL 5, 2024

On March 19th, the trademark community came together in the heart of New York City for an exclusive event that promised to be both informative and enriching. Attended by 150 trademark experts, the event proved to be a resounding success, offering a blend of networking opportunities and engaging Continuing Legal Education (CLE) sessions.

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Trademark Confidentiality Branding Brands 59

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

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].

Law 84

Law Branding Brands Branding 84

IP and Legal Filings

AUGUST 29, 2023

Can their names be officially protected under trademark laws?At At first, it might seem a little confusing as Trademarks are like- ‘special signs’ that help us know where products or services come from. However, evidence presented by Indian Shaving Products Ltd. But the names of generic terms are different.

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Trademark Trademark Law Law Advertising 87

IP and Legal Filings

FEBRUARY 7, 2023

Importance of Registration of Trademarks in the Metaverse Businesses may now reach a larger audience, increase their digital footprint, and increase profits by utilising the Metaverse. The platform integrates platforms, digital accelerators, domain and design skills, and solid partnerships in a “rich creator-partner economy.”

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Trademark Non-Fungible Tokens Branding Brands 83

IP and Legal Filings

JULY 5, 2023

Introduction Trademarks are recognised phrases, words, or symbols that designate a certain item and lawfully distinguish it from all other items of the same type. A trademark is a valuable intellectual property that businesses use to differentiate their brand from their competitors’ in the market.

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Trademark Registration Branding Brands 59

Selvam & Selvam Blog

MARCH 28, 2022

The trademark law firmly establishes that a trademark owner reserves the exclusive right to use the trademark and enforce the same. Through this, the former aims to monopolize the market and kick out any remotely similar business operating under the mark.

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Cease and Desist Trademark Due Diligence Intellectual Property 40

TorrentFreak

APRIL 19, 2022

In at least one case, there are breaches of trademark law too. From a basic web browser to dedicated media players such as VLC, many tools will do the job, but when users want to access IPTV streams (Internet Protocol Television), they often turn to tools designed for that specific purpose.

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Reporting Television Trademark Law Advertising 107

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

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IP Copyright Trademark Intellectual Property 124

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.

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Trademark Marketing Marketing Contracts 52

IIPRD

OCTOBER 17, 2022

Many big companies are getting ready to enter the world of Metaverse, for example, Nike for the purpose of selling virtual footwear and apparel in the virtual world of metaverse filed many trademark applications with the U.S These trademark applications consist of Nike’s logo “just do it” and air Jordan designs.

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IP Non-Fungible Tokens Intellectual Property Trademark 52

Garrigues Blog

OCTOBER 26, 2022

Although at present NFTs are scarcely used beyond mere collectibles, the growing interest in the metaverse is making non-fungible tokens extremely useful assets in our virtual lives. In this race to explore new markets, infringing conducts have also taken place as a result of the unauthorized uses of famous brands to create NFTs.

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Non-Fungible Tokens Trademark Intellectual Property Art 52

The IPKat

JULY 22, 2021

Trademark rights are not granted to reward authors or incentivise future creations or dissemination of cultural works – because trademark law has a more static goal of preserving market transparency. An artist can hardly be expected to be aware of behavioural norms in industry and commerce.

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Trademark Public Domain Copyright Cease and Desist 57

Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” A Google search turns up three different pairs of designs with differing degrees of similarity. that the confined designs may have been “reserved” at a later time).

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Registration Blogging Copyright Designs 77

SpicyIP

FEBRUARY 5, 2024

Highlights of the Week Comments on the Proposed Patent (2nd Amendment) Rules, 2024 In addition to the typos and ambiguity regarding the timelines, the Draft Patent (2nd Amendment) Rules, 2024, inter alia, suffer from limited scope and require clarity on the qualification of the designated officers. Marico Ltd. & & Anr vs J.

Trademark 59

Trademark Settlement Licensing Copyright Infringement 59

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.

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Intellectual Property Confidentiality Copyright Technology 52

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Plaintiff hasn’t presented any evidence of it, but the court says that’s OK because I guess the court doesn’t expect to see these allegations in the complaint? Marketing channels. Luxy appeared first on Technology & Marketing Law Blog. Actual confusion. It’s really offensive.

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43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. Kagan describes it as “designation of source.” But what is TM use? of Ala, LV v. HomeVestors: title of TV show.

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Trademark Fair Use Registration False Advertising 59

43(B)log

FEBRUARY 19, 2022

The Ninth Circuit has adopted Rogers but tinkered with what counts as “explicit” falsehood, holding that some non-explicit content might qualify as explicitly false if there’s nothing else present that allows consumers to identify the true source of an expressive work. 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

FEBRUARY 25, 2023

Changes in Trademark Law and Evidentiary Rules Introduction: Jake Linford Before courts admitted surveys routinely, they were concerned about hearsay. These surveys are now designed to suppress that uncertainty and not let it appear in the courtroom b/c we just want numbers. Some objections go to the weight of the evidence.

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Trademark Marketing Marketing Advertising 72

Garrigues Blog

OCTOBER 25, 2021

The auction of NFT ( non-fungible tokens ), which we addressed in this post , comprising wearable works of digital art, has revolutionized the trademark industry. Just as online fashion revolutionized the market, digital fashion – fashion you can’t touch –is set to do the same. Think for example of influencers.

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Non-Fungible Tokens Social Media Intellectual Property Intellectual Property Law 59

Intepat

MAY 24, 2023

In the trademark registration process under the Madrid System, a provisional refusal refers to the initial objection or refusal issued by an individual national trademark office (known as the “Office of Origin”) in response to an international trademark application filed through the Madrid System.

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Registration Trademark Intellectual Property Reporting 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.

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Designs Design Trademark Cease and Desist 52

Technology & Marketing Law Blog

MARCH 10, 2022

One wonders how a domain name would fare under Maryland law. The claims are presented through the trademark lens and they focused on false association. Washington State’s Proposed Employer Social Media Law: The Legislature Should Take a Cautious Approach — SB 5211. Social Media and Trademark Law” Talk Notes.

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Social Media Contracts Ownership Business 80

Corsearch

AUGUST 30, 2023

A trademark which is a combination of a word mark and a figurative mark, for example a text with a particular design (logotype), or the combination of a logotype and and a logo. What is a common-law trademark? The common-law tort against trademarks (registered or not) is called passing off. E What is EUIPO?

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Trademark Registration Registering Trademarks Designs 52

IP and Legal Filings

MAY 8, 2024

Enterprises A proprietary concern at 155, Gurunanak Timber Market, Dhar Road, Indore (Madhya Pradesh) Brief Facts Plaintiffs are in business of manufacturing and distribution of wines, liquors and spirits. The present appeal is filed by appellants under order 43 Rule 1(r) of CPC against order of Commercial Court, Indore.

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