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. Characters are often protected by copyright, even if their fashion is not, but they are also routinely protected by trademark. Trademark infringement, however, isn’t like copyright.

Trademark 242

Trademark Copyright Cease and Desist Copying 242

IP Tech Blog

MARCH 23, 2022

Why you need new trademark registrations now. There is a surging number of new applications submitted to the EUIPO, the UKIPO and the USPTO seeking to register trademarks for use of their brand in virtual reality. In such cases, a trademark registration in Classes 09, 35, 41 and 42 can be decisive.

Trademark 57

Trademark Branding Brands Branding 57

LexBlog IP

MARCH 23, 2022

Why you need new trademark registrations now. There is a surging number of new applications submitted to the EUIPO, the UKIPO and the USPTO seeking to register trademarks for use of their brand in virtual reality. In such cases, a trademark registration in Classes 09, 35, 41 and 42 can be decisive.

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

OCTOBER 31, 2022

The objective of the Singapore Treaty is to create a modern and dynamic international framework for the harmonization of administrative trademark registration procedures. The Singapore Treaty is applicable to all types of marks registrable under the law of a given Contracting Party. Image Source: IStock]. Conclusion.

Trademark 52

Trademark Contracts Intellectual Property Registering Trademarks 52

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

SpicyIP

MARCH 10, 2024

Image from here In the case of Sterling Agro Industries Limited vs ASR Trading Company , the Delhi High Court while dealing with a trademark infringement suit, imputed mala fide intention to ASR Trading’s (the Defendant) act of applying for a trademark registration. His previous posts can be accessed here.

Trademark 59

Trademark Registering Trademarks Registration False Advertising 59

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

Another person or entity has applied for a trademark at the United States Patent and Trademark Office (the “USPTO”) that is similar to your trademark. One option is to institute an opposition with the Trademark Trial and Appeal Board (the “TTAB”) to challenge their registration of the mark. What can you do?

Litigation 59

Litigation Trademark Registering Trademarks Registration 59

Technology & Marketing Law Blog

AUGUST 30, 2023

The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. The litigants directly compete. ” Marketing channel. Amazon * More Evidence Why Keyword Advertising Litigation Is Waning * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v.

Advertising 86

Advertising Advertising False Advertising Trademark 86

IPilogue

OCTOBER 28, 2021

Nonetheless, the Canadian Intellectual Property Office notes that those in the jewellery industry may be granted industrial design registrations, offering a different kind of intellectual property protection. where original jewellery designs are automatically protected under copyright law as sculptural or pictorial works.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

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.

Trademark 52

Trademark Designs Design Marketing 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

IP and Legal Filings

FEBRUARY 4, 2022

Introduction: The concept of comparing and considering a trademark in its entirety is a well-established tenet in trademark law. When a trademark is registered, it provides protection to the mark as a whole, even if it is a composite trademark with numerous aspects in it.

Registration 62

Registration Trademark Trademark Law Marketing 62

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. and abroad.

Trademark 52

Trademark Marketing Marketing Contracts 52

The IP Law Blog

DECEMBER 22, 2022

According to the Complaint, Roma Costumes sells women’s clothing, accessories, and costumes throughout the United States and owns two separate trademark registrations for ROMA and ROMA COSTUMES, as the marks relate to “fitted clothing for women, namely, costumes.” Accordingly, Roma Clothing seeks injunctive relief.

Registration 52

Registration IP Trademark Designs 52

The TTABlog

AUGUST 30, 2023

If that were the case, having a famous mark would entitle the owner to a right in gross, and that is against the principles of trademark law." That both parties market and sell their products through the Internet is unpersuasive. Nor did opposer prove an overlap in trade channels.

Designs 57

Designs Design Branding Brands 57

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

43(B)log

FEBRUARY 19, 2022

Gripers and Political Critics Cases involving criticism of ordinary commercial actors provide a fascinating contrast to both noncommercial speech sold in the market and to political and religious conflicts. The 9th Circuit in Bosley v. Kremer, the 4th in Radiance Foundation v.

Trademark Law 72

Trademark Law Trademark Art Branding 72

The IP Law Blog

APRIL 1, 2021

He gradually expanded his offerings to a variety of markets, including motorcyclists, skaters, lumberjacks and “headbangers.”. This was apparently untrue and in a separate 2008 proceeding, the PTO concluded that this was a false statement, at least as to boots, and cancelled TA’s registration of the METAL mark.

Trademark 52

Trademark Branding Brands Branding 52

azrights

OCTOBER 18, 2021

Trademarks can last forever provided you continue to use them, and you renew your registration. While most people know that the name is an important choice, there is less awareness of what actually constitutes a good name from a trademark perspective. Trademarks impact what you should choose to create.

Branding 52

Branding Brands Branding Trademark 52

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Those requirements will impose huge compliance costs, but those investments won’t prevent online marketplaces from being dragged into extraordinarily expensive and high-stakes litigation over eligibility for this defense. Fourth, the law imposes a proactive screening obligation, something that Tiffany v. eBay rejected.

Trademark 136

Trademark False Advertising Advertising Advertising 136

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. Tam and Brunetti, striking down various bars on registration. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

Traverse Legal Blog

APRIL 6, 2021

There are web hosting companies, affiliate marketers, e-commerce agreements, clickwrap agreements, and social media defamation. My name is Internet Law Attorney Enrico Shaefer. You’ve been listening to Internet Law Radio. Several issues surround the DNS system and the Domain Name Server system.

Copyright Infringement 75

Copyright Infringement Artwork Copyright Law Business 75

43(B)log

DECEMBER 1, 2022

Grimaldi grounds, the district court’s grant of summary judgment to MTV on the resulting trademark claims. MGFB has a federal registration for FLORA-BAMA for “bar and restaurant services” and several entertainment services, including “social entertainment events,” live musical performances, and “competitions for fish throwing.”

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients. Let’s see how it unfolded.

Trademark 59

Trademark Publishing Journalism Copyright 59

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

MARCH 28, 2023

Now, as a practical matter, parodies won’t confuse when differences in marks, markets, or message, typically ridicule, signal that the brand company didn’t make the joke. And it keeps the thread of extended litigation from silencing speech. She continued: “Parodies can be confusing.

Branding 52

Branding Brands Branding Trademark 52

LexBlog IP

MARCH 28, 2023

Now, as a practical matter, parodies won’t confuse when differences in marks, markets, or message, typically ridicule, signal that the brand company didn’t make the joke. It has no sound basis in trademark law or, indeed, in the First Amendment. [I]f ” She continued: “Parodies can be confusing.

Branding 52

Branding Brands Branding Trademark 52

Technology & Marketing Law Blog

MARCH 7, 2022

Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. Legal Background: Registration. Unicolors, Inc.

Registration 76

Registration Blogging Copyright Designs 76

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

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks. pending or issued registrations) and those that are not.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

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.

Registration 111

Registration Trademark Marketing Marketing 111

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. By deterring rip offs, trademarks safeguard a company’s identity and the repute of its brand(s), especially in the Metaverse.

Trademark 80

Trademark Non-Fungible Tokens Branding Brands 80

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

SEPTEMBER 26, 2021

The Plaintiff suppressed that it has applied for registration of ‘AS?VA’ Functioning as a Trademark. 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 Registration of Mark and Estoppel. VA’ as well.

Branding 118

Branding Brands Branding Trademark 118

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

LexBlog IP

JULY 21, 2021

It can also mean as the proxy or substitute holder of rights here on earth because no spiritual being will receive a copyright certificate, trademark registrations, or letters patent. provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. Lal Babu Priyadarshi ].

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

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