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

SpicyIP

FEBRUARY 22, 2023

Battle of the Firms – The Irony of IP Law Firms Being Sued for Trademark Infringement Niyati Prabhu It is well known that companies across the world take their brands seriously and deploy law firms in order to safeguard their intellectual properties, be it their names, slogans, brands, taglines, marketing tools and (even phone numbers ).

Trademark 98

Trademark Law IP Intellectual Property 98

azrights

OCTOBER 18, 2021

Although it isn’t necessary in the UK and USA to register a trademark in order to use a name, you’re in a very vulnerable position if you don’t register a trademark. On the other hand, generic names or ones that can’t function as a trademark leave your business wide open to theft of its market share by competitors.

Branding 52

Branding Brands Branding Trademark 52

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

Technology & Marketing Law Blog

OCTOBER 19, 2021

WhenU concluded that trademarks was a dead-end. As a result, the legal issues rarely are litigated any more. * * *. Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? The issue is that Google incorporated a new feature into its Android software.

Licensing 88

Licensing Copyright Contracts Advertising 88

JIPEL Copyright Blog

DECEMBER 15, 2021

Trademark litigation in the fashion world is not a novel concept. For decades, Adidas has been engaging in a long list of trademark infringement cases in the US and across the world. Indeed, fast fashion has already flooded the market with similar products at a lower price point.

Trademark Law 52

Trademark Law Marketing Marketing Trademark 52

Copyright Lately

AUGUST 2, 2022

And unlike the vast majority of songwriters and performing artists who have relinquished ownership rights to musical publishers and record labels, Barlow & Bear decided to release “The Unofficial Bridgerton Musical” themselves, which means keeping more of the earnings. In the Supreme Court’s opinion in Petrella v.

Music 104

Music Derivative Work Fair Use Cease and Desist 104

Technology & Marketing Law Blog

MAY 30, 2023

The employee-protection social media laws have mostly faded from memory, but they did not resolve when a social media account was the employer’s or employee’s. A decade late, we are still waiting for the case law to answer that question. bangenergy.ceo; @bangenergy.careers; @bang_merch; etc.);

Social Media 79

Social Media Ownership Marketing Marketing 79

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

Technology & Marketing Law Blog

JULY 17, 2023

Nonetheless, the majority opinion will have significant practical implications for transnational litigation in all IP areas. In addition, the opinion has important ramifications for domestic trademark law through its identification of “use in commerce” as the actionable domestic conduct. Yes, and no.

Trademark 69

Trademark Blogging Litigation Law 69

SpicyIP

SEPTEMBER 28, 2023

Broad vs. Narrow Interpretation of Use in Trademark Infringement Globally, the interpretation of ‘use’ to examine whether a mark has been infringed by the Google Adword or not seems to range from narrow to broad. However, it may be important to re-emphasise Google’s role in influencing the market share.

Advertising 110

Advertising Advertising Trademark Marketing 110

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. Users are expressing their annoyance at the frauds that have already taken over the NFT market. Trademark dangers abound in this outlaw setting.

Trademark 80

Trademark Non-Fungible Tokens Branding Brands 80

LexBlog IP

JULY 21, 2021

provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. market for religious publishing and products at $6.8 ” Aseri, Commercializing Religion Via Trademarking God, 23 J. include[es] the contribution of businesses with religious roots. ” (at page 9 and 13). .”

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

JANUARY 28, 2022

For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”. It did not specifically address ownership of social media accounts. Gutman signed an employment agreement with JLM. This was erroneous.

Social Media 89

Social Media Ownership Contracts Privacy 89

43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? Which is the same as the problem of market definition, with which TM law has long grappled unsuccessfully and largely silently. 1A and © public domain seem to answer the market definition Q. In the fair use calculus?

Trademark Law 56

Trademark Law Law Trademark Fair Use 56