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

IPilogue

OCTOBER 18, 2022

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. . We will be following the outcome of this dispute as litigation continues.

Trademark 101

Trademark Trademark Law Intellectual Property Law Publishing 101

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 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 125

Trademark Marketing Marketing Trademark Law 125

Technology & Marketing Law Blog

OCTOBER 5, 2023

The court could have cited two recent Supreme Court cases (Jack Daniels and Abitron) for the proposition that trademark law only applies when parties are using a trademark as a mark , i.e., to identify and distinguish the source of marketplace goods. ” Trademark law does not restrict that usage.

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Trademark Fair Use Trademark Law Branding 120

Technology & Marketing Law Blog

JULY 26, 2022

You can have a court declare your trademarks weak or invalid so they are less valuable than when you started. You can get less damages than the cost of litigation, so the whole effort is unprofitable. The court says this lawsuit qualified: “LVSA litigated this case in an unreasonable manner. How did that come about?

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Trademark Advertising Advertising Litigation 98

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 84

Traverse Legal Blog

JULY 14, 2022

If the infringer does not comply, this cease and desist letter now becomes evidence in your trademark infringement litigation. If a cease and desist letter does not clear up the matter, then it may be time to litigate. Have you ever assigned – or been assigned – your trademark rights? Litigation is always unpredictable.

Cease and Desist 98

Cease and Desist Trademark Litigation Intellectual Property 98

SpicyIP

MAY 17, 2024

Interestingly, the judgment (dated May 1, 2024) by the Delhi High Court covers multitude of legal intricacies of trademark regime, making this judgement a rich resource for a trademark law enthusiast seeking a holistic understanding of the subject. Pfizer Products Inc., (the 20,00,000 as was claimed to Rs.

Trademark 45

Trademark Due Diligence Litigation Law 45

The IP Law Blog

JULY 14, 2021

In this week’s episode of The Briefing by The IP Law Blog , attorneys Scott Hervey and Josh Escovedo discuss the trademark litigation between Nike and a custom shoe maker, MSCHF (pronounced “Mischief”). The shoes were tied into marketing by Rapper Lil Nas X, and all 666 pairs created by MSCHF were sold. In Nike Inc.

Blogging 98

Blogging Litigation IP Marketing 98

Technology & Marketing Law Blog

MARCH 4, 2022

This provision of the federal trademark law known as the Lanham Act is codified in 15 USC 1052.) Sections 2(a) and 2(c) both protect an individual’s right of privacy and right of publicity in trademark law by preventing the unauthorized registration of a person’s name, signature, or image.

Registration 119

Registration Blogging Trademark Privacy 119

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. Halloween costumes sit at an interesting and muddled intersection between copyright and trademark law. This isn’t to say there’s been no litigation in this area.

Trademark 242

Trademark Copyright Cease and Desist Copying 242

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. A trademark is a marketing tool, valid in India for ten years once granted and can be renewed further.

Copyright Law 59

Copyright Law Branding Brands Branding 59

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. The Difficulty Faced in Proving Secondary Meaning.

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Trademark Designs Design Marketing 52

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. The expense of litigation may chill speech. by guest blogger Lisa P.

Blogging 102

Blogging Trademark Fair Use Trademark Law 102

Technology & Marketing Law Blog

AUGUST 30, 2023

“Nursing CE Central” is a descriptive mark with “a weak secondary meaning… the plaintiff makes no meaningful showing that the public, or even those in the market in which it competes, readily recognizes its name.” The litigants directly compete. ” Marketing channel. ” Relatedness of goods.

Advertising 85

Advertising Advertising False Advertising Trademark 85

Technology & Marketing Law Blog

AUGUST 5, 2022

Compared to most social media ownership disputes, this case has featured extensive litigation, including an appeal, revised injunction, a contempt motion, and now, a motion to modify the scope of the preliminary injunction. Gutman’s personality and personal life, these were part of the overall marketing strategy for JLM.

Social Media 98

Social Media Ownership Branding Brands 98

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.

Business 52

Business Trademark Registration Cease and Desist 52

LexBlog IP

AUGUST 30, 2023

Yet cannabis businesses continue to grapple with protecting their brands, as trademark protection at the federal level remains unavailable. The current hodgepodge of state trademark regimes will undoubtedly result in litigation and a race to register federal marks once Congress legalizes cannabis. the Lanham Act).

Due Diligence 52

Due Diligence Intellectual Property Branding Brands 52

Technology & Marketing Law Blog

FEBRUARY 27, 2022

Knowing well that litigation in the Northern District of Texas is not in its best interests, TPG filed a declaratory judgment in Delaware hoping to take advantage of the first-to-file rule. With all that, the first battle in this litigation will be the question of where to litigate it.

Cease and Desist 121

Cease and Desist Blogging Contracts Social Media 121

Technology & Marketing Law Blog

OCTOBER 17, 2022

This means the term “emoji” is generic with respect to the dictionary definitions and Emojico’s litigation empire should crumble. The trademark registrations discourage that outcome. The post If the Word “Emoji” is a Protectable Trademark, What Happens Next?–Emoji –Emoji GmbH v.

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Trademark Fair Use Registration Licensing 109

SpicyIP

SEPTEMBER 8, 2023

A trio of recent orders from these cases has raised both eyebrows and hopes of IP litigators for witnessing a shift in the Court’s stance on granting ex parte interim injunctions to be considered not only on procedural grounds but also on substantive grounds.

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Registration Trademark Marketing Marketing 111

Technology & Marketing Law Blog

SEPTEMBER 10, 2023

For a fuller description of the litigation genre and its problems, see my paper. I’ve been shocked at how acquiescent judges have been towards SAD Scheme cases, especially in the Northern District of Illinois, where the judges see these cases frequently and surely have witnessed first-hand some litigation abuses.

Trademark 79

Trademark Litigation Law Blogging 79

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

This is especially important when the opponent has not yet started using the trademark with a service or good, as this may prevent the challenging party from suing in district court. Often TTAB oppositions are resolved quicker than district court litigations because the opponent has not invested heavily in the mark. Specialized Judges.

Litigation 59

Litigation Trademark Registering Trademarks Registration 59

Technology & Marketing Law Blog

MAY 13, 2023

Amazon * More Evidence Why Keyword Advertising Litigation Is Waning * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. Bye, Goff appeared first on Technology & Marketing Law Blog. 1-800 Contacts * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Law 91

Law Advertising Advertising False Advertising 91

IP Tech Blog

MARCH 23, 2022

Even if you do not (yet) want to offer NFTs or other digital assets, it is advisable to take precautions under trademark law now. We further recommend filing new trademarks in order to provide a basis for additional revenue streams by licensing.

Trademark 57

Trademark Branding Brands Branding 57

LexBlog IP

MARCH 23, 2022

Even if you do not (yet) want to offer NFTs or other digital assets, it is advisable to take precautions under trademark law now. We further recommend filing new trademarks in order to provide a basis for additional revenue streams by licensing.

Trademark 52

Trademark Branding Brands Branding 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 97

Fair Use Cease and Desist Copyright Trademark 97

Technology & Marketing Law Blog

JANUARY 8, 2024

That’s certainly true for high-profile and well-advertised consumer items like fast food chains, mass-market phones, and major car labels, but is it true in this particular niche? Amazon * More Evidence Why Keyword Advertising Litigation Is Waning * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v.

Trademark 78

Trademark Advertising Advertising False Advertising 78

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Marketing channels. The litigants use the Internet, but who doesn’t, so normally the court would say this factor is irrelevant. ” Every sex worker just took massive umbrage at the judge’s condescending stereotypes about the role of online marketing in their financial and safety decisions.

Advertising 98

Advertising Advertising Trademark Settlement 98

Technology & Marketing Law Blog

JULY 25, 2021

If they really wanted to build their business, they could have invested that money into marketing instead of legal fees. Consistent with that, Aliign is spending more marketing dollars to appeal this lawsuit to the Ninth Circuit. lululemon appeared first on Technology & Marketing Law Blog.

Advertising 105

Advertising Advertising Settlement Trademark 105

SpicyIP

SEPTEMBER 26, 2021

VA is not a trademark at all ! Echoing well-established principles of trademark law, the Division Bench pointed out that even if RAMPUR was the brand and AS?VA VA the product description, there was nothing to suggest that the latter, being a sub-brand, did not operate as a trademark as well.

Branding 118

Branding Brands Branding Trademark 118

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.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

IPilogue

OCTOBER 28, 2021

Interestingly, the court noted that Rozier produced evidence which called into question whether Fun World’s mask possessed the requisite originality, given that a third-party created and marketed a similar “Wailer” mask several months before the “Ghost Face” mask was registered. Scary Issues with Licensing and Trademarks.

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Intellectual Property Designs Design Copyright 116

Technology & Marketing Law Blog

NOVEMBER 28, 2022

This is a bad ad buy by Allied, AND it’s a bad trademark enforcement decision by Porta-Fab. As I teach my students, Porta-Fab should have spent its enforcement budget on more marketing instead of more lawyers, which almost certainly would produce a higher ROI than this lawsuit did. Case citation : Porta-Fab Corporation v.

Advertising 102

Advertising Advertising False Advertising Trademark 102

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. The case was a pretty big deal and after three years of litigation, Cloudflare took the win and an important ruling on liability. While bold, TIR’s allegations are nothing new.

Privacy 117

Privacy Copyright Infringement Trademark Copyright 117

Technology & Marketing Law Blog

AUGUST 17, 2021

It’s a defect of the common law tradition; bad doctrinal memes rarely die, and even those fading away are just one ill-advised case from being resurrected. What are “marketing rights”??? McNeil appeared first on Technology & Marketing Law Blog. Case citation : Jim S. Adler, P.C.

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Advertising Advertising Trademark Settlement 105