Likelihood of Confusion

APRIL 28, 2022

Stephen Laniel finds, in trademark law, reason not to throw the whole thing over: The public-health justification for trademark law is pretty clear: if the law defends my product brand. The post A free market moment appeared first on LIKELIHOOD OF CONFUSION™.

Marketing 52

Marketing Marketing Trademark Law Branding 52

LexBlog IP

APRIL 27, 2023

We are just a few months into 2023, but we are already seeing a number of proposed changes to Chinese Trademark Law. Overall Theme and Key Takeaway It should be noted that this will be the 5 th round of major amendments to the China Trademark Law since it was first adopted in 1982.

Trademark Law 52

Trademark Law Law Trademark Intellectual Property 52

JD Supra Law

DECEMBER 1, 2021

The November 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the emergence of trademark filings for NFTs and a recent ITC patent infringement case regarding imported oil-vape cartridges. Pulp Fiction Shows us Where NFTs Meet Trademark Law - Watching the Pot™. In this issue: - "Say What Again?":

Marketing 70

Marketing Marketing Trademark Law Patent Infringement 70

IP Blog

JUNE 29, 2021

Foreign individuals or organizations filing for trademark registration in Pakistan may find themselves curious when faced with the obligation to indicate the mark's "date of first use" in their application. Here, we will unpack its legal requirements and implications and help you prepare to bring your brand into this burgeoning market.

Trademark Law 52

Trademark Law Trademark Law Branding 52

JD Supra Law

APRIL 28, 2022

Thank you for reading the April 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. In this issue: - Watching the PotTM - NFT Suits May Blaze New Trail for Trademark Law - Managing IP Americas Awards Please see full Newsletter below for more. Drug Enforcement Administration's policies on cannabis.

Marketing 52

Marketing Marketing Trademark Law IP 52

JD Supra Law

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose. By: Weintraub Tobin

Trademark 52

Trademark Law Trademark Law Branding 52

Technology & Marketing Law Blog

MAY 13, 2023

This is another lawsuit between personal injury law firms over competitive keyword ads. The plaintiff is Nicolet Law, based in Hudson, Wisconsin with 14 offices in Wisconsin and Minnesota. However, note that Nicolet Law, a surname, isn’t registered with the USPTO and there may be questions about its secondary meaning.

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Law Advertising Advertising False Advertising 91

JIPL Online

APRIL 7, 2021

v] Thus, the market for counterfeit sports apparel in the United States is quite large. ii) Policy rationales behind trademark law and their application in the sprots apparel context. the court summarized the modern purpose behind trademark protection in that they “help consumers to select goods. [ix] Euroquilt, Inc. ,

Marketing 98

Marketing Marketing Licensing Trademark Law 98

IP and Legal Filings

OCTOBER 23, 2023

These E-commerce platforms make it simple to access consumer goods from a computer or smart phone, but they also, by their very nature, make it simple for counterfeiters to market their counterfeit goods. In the year 2017 the market value of the E-commerce was $38.5 However, these laws are not clear and settled in India.

Marketing 87

Marketing Marketing Trademark Registration 87

Technology & Marketing Law Blog

MARCH 6, 2024

New practice area alert for law students: the specialty niche of fish artists asserting IP claims against print-on-demand services. Any surviving services may need to be structured as marketing agencies that push all of the legal risk to the users and third-party vendors. This plaintiff emphasized copyright law but got little traction.

Copyright 99

Copyright Trademark Law Publishing Copyright Infringement 99

JD Supra Law

SEPTEMBER 5, 2023

As we previously reported, in January of this year, the China National Intellectual Property Administration (CNIPA) published its Draft 5th Amendment to the Chinese Trademark Law.

Trademark 79

Trademark Intellectual Property Marketing Marketing 79

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.

Trademark Law 98

Trademark Law Trademark IP Blogging 98

JD Supra Law

DECEMBER 2, 2021

Quentin Tarantino, director of the 1994 Pulp Fiction movie, announced in a press release on November 2, 2021 that he was offering uncut, exclusive scenes to the movie as “secret NFTs.” He and his organization launched a “Tarantino NFTs” Twitter account and website, [link] for the sale. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

Trademark Law 52

Trademark Law Marketing Marketing Law 52

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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Art Artistic Work Law Designs 59

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. For more visit: [link].

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Editing Law IP Designs 105

The IPKat

APRIL 5, 2022

On 16 March 2022, the Supreme People’s Court of China (SPC) issued the Judicial Interpretation by the SPC on Several Issues Concerning the Application of the Anti-Unfair Competition Law (AUCL; see the translation by WIPO Lex here ) of China (JI 2022; full context here in Chinese), which took effect on 20 March 2022. The subsequent JI (i.e.

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Law Business Marketing Marketing 95

IP and Legal Filings

OCTOBER 4, 2022

billion fine issued by the European Commission and considering the lack of a consolidated competition law in the UAE, businesses here may have been excused for being tempted to focus only on their competitive activities related to operations in Europe. However, with the publication on 23 October 2012 of UAE Federal Law No.

Intellectual Property 52

Intellectual Property Law Business Designs 52

SpicyIP

FEBRUARY 22, 2023

What happens when an IP firm is sued for infringing IP rights of other law firms? This post highlights some of these instances of law firms getting into disputes over their own IP primarily in the Indian context. The controversy was regarding the use of a similar logo by the defendant (another lawyer) for its law firm.

Trademark 98

Trademark Law IP Intellectual Property 98

Selvam & Selvam Blog

APRIL 5, 2022

When used strategically, social media becomes one of the most powerful tools of digital marketing. With the evolution of social media, the concept of moment marketing has also become increasingly common. But what exactly is moment marketing? However, the concept of moment marketing is not new.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

IP and Legal Filings

JANUARY 31, 2023

Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The main assets of any fashion firm that are virtual designs, may need to be protected as trade dress under trademark law. Any brand that wants to have exclusive rights to a mark in a country must register its trademark.

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Law Branding Brands Branding 86

Erik K Pelton

APRIL 14, 2021

Erik speaks to local middle school students about what practicing trademark law is about, how he got to this point in his career, and why he enjoys doing this work. Erik shares some fun trademark tidbits and explains to the future entrepreneurs why communication, analysis, and marketing are three pillars to his long-term success.

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Trademark Trademark Law Marketing Marketing 100

The IP Law Blog

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose.

Trademark 52

Trademark Law Branding Brands 52

Technology & Marketing Law Blog

FEBRUARY 16, 2022

.” In other words, they sought to establish (using centuries-old chattel-based theft doctrines rather than trademark law) that a trademark owner has the unrestricted right to shut down anyone using their trademarks, even if no consumers are harmed. to see if it could find some soft spot in Georgia state law.

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IP Advertising Advertising Trademark Law 126

Patently-O

JUNE 29, 2022

That divide allows the company to cater to local market preferences and regulations and also avoid potential arbitrage. In the 1970’s Coca-Cola withdrew its flagship sugary cola from the Indian market at a time of heavy regulation of foreign companies. In the 1990s, the Indian market opened again to foreign competition.

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Trademark Trademark Law Branding Brands 119

Intellectual Property Law Blog

MARCH 13, 2024

The Report looked at: i) current and future applications of non-fungible tokens (“NFTs”); ii) how intellectual property laws apply to NFTs and assets associated with NFTs; iii) intellectual property-related challenges arising from the use of NFTs; and iv) potential ways to use NFTs to secure and manage intellectual property rights.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

IP Watchdog

JANUARY 14, 2022

The International Trademark Association (INTA) has made an amicus submission before the EU Court of Justice (CJEU) in a case concerning parallel imports and EU trademark law. In the case at hand, Harman, which makes audiovisual equipment, brought trademark infringement proceedings in Poland against AB, a distributor.

Trademark 126

Trademark Trademark Law Marketing Marketing 126

IP Law 360

MARCH 27, 2023

A gray market diabetes test strip seller must pay more than $33 million total to Abbott Laboratories after a New York federal judge found that the seller violated trademark laws by selling test trips made for the European market in the U.S.

Trademark Law 52

Trademark Law Marketing Marketing Trademark 52

JIPL Online

APRIL 7, 2021

By: Tyler Dysart The sports apparel market is plagued by counterfeit products that reproduce athletic teams’ trademarks at a fraction of the cost. This is out of line with the modern policies behind trademark law, which is to protect consumers, not the manufacturers.

Marketing 40

Marketing Marketing Licensing Trademark Law 40

LexBlog IP

APRIL 19, 2023

A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. Sellers need to be aware of competitor patents before introducing a product to the market. This can lead to expensive “false marketing” litigation.

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Intellectual Property Law Intellectual Property Law IP 52

Above the Fold

FEBRUARY 11, 2024

Will any of your old favorite marketing campaigns be brought back? I’ve seen plenty of blog posts and articles providing guidance about how to advertise today without running afoul of advertising and trademark law, and surely companies should adhere to that guidance, but it’s not nearly as interesting to post about as asking these questions.

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Blogging Advertising Advertising Trademark Law 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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Trademark Social Media Advertising Advertising 88

Technology & Marketing Law Blog

MARCH 8, 2022

academics with expertise in trademark law. The SHOP SAFE Act represents one of the most significant proposed reforms of trademark law that Congress has contemplated in years, and it will likely reshape e-commerce in unwanted ways. The SHOP SAFE Act would do this by fundamentally changing trademark law.

Trademark 125

Trademark Trademark Law Blogging Law 125

LexBlog IP

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” ” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose.

Trademark 52

Trademark Law Branding Brands 52

IP and Legal Filings

MAY 18, 2023

Image Sources : Shutterstock] The differentiation between principles of design infringement and trademark infringement is logical. Trademark law is not intended to encourage creation or production but rather serves as a tool for source identification to benefit consumers who associate distinctive brand identity with goodwill.

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Designs Design Art Trademark Law 78

IIPRD

OCTOBER 28, 2023

Some classic examples of catchphrases in the commercial market include Nike’s “Just Do It,” KFC’s “Finger Lickin’ Good,” Thums Up’s “Taste the Thunder,” Redbull’s “Give you Wings,” among others. are generally not protected by copyright law. Additionally, names, titles, phrases, combinations, slogans, etc. In Reebok India v.

Copyright Law 59

Copyright Law Branding Brands Branding 59

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

IPilogue

OCTOBER 18, 2022

Cynthia Zhang is an IP Intensive Student and a 3L JD Candidate at Osgoode Hall Law School. This is an interesting example of how intellectual property law can be utilized to smother the proliferation of harmful views. The context surrounding the litigation shows that protecting business interests is not trademark law’s sole function.

Trademark 101

Trademark Trademark Law Intellectual Property Law Publishing 101