IP Tech Blog

MARCH 23, 2022

More and more companies are entering the Metaverse leading to a trend towards increased filings of trademarks in the “virtual” classes. This blog has reported on this trend here and here. Even if you do not (yet) want to offer NFTs or other digital assets, it is advisable to take precautions under trademark law now.

Trademark 57

Trademark Branding Brands Branding 57

LexBlog IP

MARCH 23, 2022

More and more companies are entering the Metaverse leading to a trend towards increased filings of trademarks in the “virtual” classes. This blog has reported on this trend here and here. Even if you do not (yet) want to offer NFTs or other digital assets, it is advisable to take precautions under trademark law now.

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

OCTOBER 26, 2023

Off late these instances of trademark bullying has been a concern and persistent problem in many countries with large entities targeting the small enterprises just for the sake of business gains. 4] That Daily Basket had an entirely different user interface and the get-up was also way different.

Cease and Desist 95

Cease and Desist Trademark Registering Trademarks Business 95

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

IP and Legal Filings

MARCH 5, 2024

Using trademarks in domain names, linking, framing, meta-tagging, and framing are a few methods that could lead to trademark challenges. Cybersquatting is another type of trademark infringement. A fundamental tenet of trademark law is to avoid consumers being confused about the origin or source of products or services.

Trademark 84

Trademark Social Media Advertising Advertising 84

LexBlog IP

APRIL 19, 2023

The purpose of a trademark is to prevent consumer confusion about the source of the corresponding product. “Trade dress” is a subsection of trademark law and protects the design and shape of a product or its packaging, again to identify the source of the product. Registering trademarks with the U.S.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

IP and Legal Filings

MAY 17, 2022

It has the freest economy in the Middle East and as per reports in Index of Economic Freedom published by The Wall Street Journal ranked Bahrain as the 12 th freest economy in the world. This being an important part makes the brand owner avoid any further litigation. There are two ways for going ahead of trademark registration.

Registration 52

Registration Trademark Trademark Law Publishing 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.

Trademark 52

Trademark Contracts Intellectual Property Registering Trademarks 52

IIPRD

OCTOBER 28, 2023

Catchphrases in Copyright and Trademark Law Copyright law guarantees artists the protection of their creative work while allowing others to expand upon it through its legislations. This reportedly led her to secure appearances worth $30,000, and widening her social media presence. [i]

Copyright Law 59

Copyright Law Branding Brands Branding 59

SpicyIP

SEPTEMBER 11, 2023

This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents. Plus, I argue that the liability of such an agent should be analogized with legal practitioners for which we already have sound jurisprudence and laws regarding professional conduct.

Government 105

Government Trademark Patent Patent Application 105

IPilogue

AUGUST 19, 2021

The New York Times reported that a spokesperson for Facebook, Instagram’s parent company, confirmed that it removed Thompson-Hera’s video but claims her access to the app was mistakenly suspended. IOC regulations are only one of the many sets of rules that surround the intellectual property (IP) of the Olympic Games.

Intellectual Property 106

Intellectual Property Social Media IP Trademark 106

SpicyIP

FEBRUARY 22, 2023

The controversy was regarding the use of a similar logo by the defendant (another lawyer) for its law firm. In the course of the litigation, the defendant argued that there cannot be a monopoly on the publicly available font ‘Edwardian Script ITC’, which was used in their logo. Notable among these is Live Law Media Pvt Ltd v.

Trademark 98

Trademark Law IP Intellectual Property 98

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2022

The TTAB reports that 2,400 cancellations were filed at USPTO in 2021. On the other hand, the TTAB reports that 6,669 oppositions were filed in 2021. Regarding judicial efficiency, the court held the fact that the district court proceeding was “in the early stages of litigation [] weigh[ed] in favor of a stay.”

Registration 52

Registration Trademark Litigation Blogging 52

The IP Law Blog

MARCH 2, 2021

10 According to Fossil, the equity courts historically required plaintiffs to establish willfulness, or its historical equivalent, to obtain a profits award in trademark disputes. But even if the Court put aside these issues, its own survey of the case law was less convincing than Fossil would have had the Court believe.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 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." The Board therefore found that "the lack of any reported instances of actual confusion weighs against finding there is a likelihood of confusion."

Designs 57

Designs Design Branding Brands 57

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. Weiner * Fair Use – It’s the Law (for what it’s worth)–Lenz v.

Fair Use 97

Fair Use Cease and Desist Copyright Trademark 97

SpicyIP

AUGUST 20, 2023

Aditya is an attorney at Ira Law and represents Google in trademark litigation relating to keyword advertising. He graduated from National Law University, Jodhpur and then pursued a masters in law from Harvard Law School.

Advertising 97

Advertising Advertising Trademark Branding 97

SpicyIP

NOVEMBER 8, 2023

Prashant and Balaji’s well-worded Special Report: The Smoke & Mirrors Surrounding the Approval of Bedaquiline examined the issue in detail. Trust me, the issue was super-intense with discussions spread across several interconnected fronts, including reporting (see also ), RTIs (see also ), advocacy , activism , and WHO.

Trademark 59

Trademark Publishing Journalism Copyright 59

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. Brands like Tide, Sharpie, and Nintendo sell at a premium because customers trust that they’re getting high quality products.

Trademark Law 52

Trademark Law Marketing Marketing Trademark 52

Technology & Marketing Law Blog

JULY 25, 2021

For more on this, see my expert report in the Larsen v. Amazon. * More Evidence Why Keyword Advertising Litigation Is Waning. * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. helps consumers disambiguate Aliign and Align to realize they may be different. Larson case.

Advertising 105

Advertising Advertising Settlement Trademark 105

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Trademark Law. Parody in Trademarks is No Joke. Stross v Trend Hunter affirmed that fair dealing for the purpose of news reporting (section 29.2 2000 SCC 66 at para.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

IP Tech Blog

NOVEMBER 30, 2022

Thus, Punchbowl ’s true impact on trademark law will likely be delayed until resolution of Jack Daniel’s. Nevertheless, in the meantime, Punchbowl remains the law in the Ninth Circuit, which has one of the highest number of trademark infringement filings, as documented by the US Judiciary.

Branding 57

Branding Brands Branding Fair Use 57

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. As a result, the plea was dismissed.

Registration 62

Registration Trademark Trademark Law Marketing 62

IP Tech Blog

JULY 10, 2023

In the trademark context, nearly all countries recognize that trademark law is necessarily territorial at its core. This would allow for enforcement of trademarks in national courts even when the Lanham Act is not applicable. court forum. The case is Abitron Austria GmbH et al. Hetronic International, Inc. ,

Trademark 40

Trademark Intellectual Property Trademark Law Law 40

43(B)log

FEBRUARY 17, 2022

In re: Elysium Health-ChromaDex Litigation, No. There’s a difference between a statement about product benefits made by Consumer Reports and the same statement by a person with an economic motive who also displayed a banner, “Buy This Product.” 17-cv-7394 (LJL) (S.D.N.Y. 11, 2022) This is the main liability opinion.

Advertising 80

Advertising Advertising False Advertising Marketing 80

Kluwer Copyright Blog

MARCH 1, 2023

In a twist, however, it is not copyright law, but rather an expansive view of trademark law, that poses this threat. Whether to evoke nostalgia or to immerse their readers, authors use trademarks both to simulate reality and to critique it. In a recent case before the U.S. Supreme Court, Jack Daniels v. Constitution.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law 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

SpicyIP

FEBRUARY 21, 2024

The question that surfaced here was “which High Court shall have the jurisdiction to hear cancellation/rectification petitions under Section 57 of the Trademark Act, 1999 (‘1999 Act’).” The Report stated that the earlier position of law (1940 Act) made it difficult to determine jurisdiction of the High Court, given its vague definition.

Trademark 105

Trademark Intellectual Property Designs Design 105

TorrentFreak

DECEMBER 22, 2022

TIR further blends copyright and trademark law by claiming that Cloudflare “admitted that the accepted 65 URL(s) for the DMCA report on mistress-harley.com” includes the 65 “infringing links” referenced earlier under trademark law. While bold, TIR’s allegations are nothing new.

Privacy 117

Privacy Copyright Infringement Trademark Copyright 117

SpicyIP

JANUARY 23, 2023

In a hard hitting guest post , Sandeep K Rathod, critiques key aspects of the report. Aside from issues around methodology and scope, he points out that the comparative assessment by the report was undertaken by comparing the practices of India with that of developed countries, highlighting that such a comparison is not a ‘like-to-like’ one.

Designs 105

Designs Design Invention Registration 105

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

JANUARY 30, 2024

2001) and the Parliamentary Standing Committee on Health and Family Welfare in its 59th report (2012) urged the Ministry of Health to put in place processes to prevent the use of names for drugs that are confusingly similar. The Supreme Court of India (in Cadila Health Care Ltd. vs Cadila Pharmaceuticals Ltd.,

Branding 116

Branding Brands Branding Social Media 116

SpicyIP

OCTOBER 23, 2023

Justice Bhat was amongst the few judges of the Delhi High Court to buck the trend and bring back some semblance of balance to intellectual property litigation. As a result of these factors, it was relatively rare to see judges disrupting the prevailing status-quo in the Delhi High Court.

Intellectual Property 52

Intellectual Property Government Law IP 52

IP and Legal Filings

FEBRUARY 7, 2023

According to a Bloomberg Intelligence report [2] , the worldwide revenue opportunity from the metaverse is predicted to hit $800 billion in 2024, up from the estimated $500 billion in revenue generated by the metaverse in 2020. Additionally, it will reduce pointless litigation and save the time of the Court and the parties involved.

Trademark 80

Trademark Non-Fungible Tokens Branding Brands 80

The TTABlog

MARCH 1, 2023

The Trademark Reporter has published its latest "Annual Review" of U.S. Trademark Cases: " The Seventy-Fifth Year of Administration of the Lanham Act of 1946 ," by Theodore H. In his introduction, Ted Davis notes the decline in litigation under the Lanham Act, related state statutes, and the common law of unfair competition.

Reporting 87

Reporting Trademark Trademark Law Government 87

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

LexBlog IP

APRIL 12, 2023

I briefly mentioned Abitron here recently , but it deserves more attention in the context of defining the boundaries of US trademark laws and just on the notion of defining words. In brief, as reported by Reuters , Hetronic, an Oklahoma company, makes remote-control systems for cranes and other industrial machinery.

Law 52

Law IP Intellectual Property Copyright 52