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?":

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Kashishipr

MAY 11, 2022

It aims at promoting the products or services in the marketplace while restricting the competitors from using the trademark and making profits through infringement. It also encourages safeguarding the interests of the traders and consumers in the market. For more visit: [link].

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The IPKat

JULY 20, 2021

We soon learn that "Trademark Law Reform" refers to aspirations to tackle contemporary problems in trade mark law worldwide, whether by means of legislative overhaul or not, put to paper by some of the world's leading experts. But make no mistake: behind the cover is a veritable treasure trove of thought-provoking scholarship.

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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.

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LexBlog IP

APRIL 17, 2023

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. The draft Article 18 Trademark Law correctly removes the distinction between registered and unregistered well-known marks. For example, the actual art.

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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. ,

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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.

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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.

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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 Nakul Bajaj &Ors, [Civil Suit No. 344/2018]. [6] 344/2018]. [7]

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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.

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LexBlog IP

MARCH 24, 2023

require the Court to consider exactly how far trademark law can go in regulating conduct in the face of competing public policy interests. citizens accountable when foreign companies also purposely target marketing to U.S. Both Abitron Austria GmbH et. Hetronic Int’l, Inc. and Jack Daniel’s Properties Inc.

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The IP Law Blog

DECEMBER 2, 2022

Vogue Magazine is suing 21 Savage and Drake after they created mock Vogue Magazines to market their new album. Scott Hervey and Josh Escovedo discuss the dispute on this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here. Watch this episode here:

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Technology & Marketing Law Blog

MARCH 6, 2024

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. If not, the print-on-demand industry may not be commercially viable under prevailing law. While Sunfrog won this battle, it lost the war because it’s exited the market.

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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.

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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.

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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?

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LexBlog IP

FEBRUARY 16, 2023

On January 13, the China National Intellectual Property Administration (CNIPA) circulated a draft amendment to the PRC Trademark Law for public comment (“TML Draft Amendment”). The CNIPA Draft Amendment is comprised of a total of 101 articles in 10 chapters (as opposed to 73 articles in 8 chapters in the current law).

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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.

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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.

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43(B)log

JUNE 24, 2022

Why not have it across all consumer markets? Beebe: East German TM regime encouraged colorful packages, tried not to fall further behind in the market. Art/not art serves social, market, political purposes; in TM, ornamental/not merely ornamental requires us to be explicit about values underlying that choice.

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The IPKat

APRIL 17, 2024

The court's analysis focused on trademark law, finding Irma's figurative trademark registrations of the Irma Girl and the "Irma" and "Coop" word marks undoubtedly well-known and owned by Coop, thus fulfilling the first condition for an injunction. Court’s decision The case was filed as a preliminary injunction.

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IP Law 360

OCTOBER 3, 2022

A federal judge in Maryland on Monday told lawyers for Instagram's parent company that they couldn't quite escape a lawsuit from a dealer of "fine adult paraphernalia" going by the username "lickmykakez" who wants to use trademark law to hold Meta Platforms Inc.

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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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The IPKat

MAY 11, 2024

The fruit industry news has been abuzz this week with reports that a new pineapple will soon be hitting the market in the United States. The pineapple, characterised by its red outer skin and produced in very limited quantities in Costa Rica, is being marketed under the name Rubyglow™ and will retail for nearly $400 per fruit.

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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.

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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.

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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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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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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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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

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Technology & Marketing Law Blog

NOVEMBER 27, 2023

I disagreed , and continue to think the Court will uphold the constitutionality of Section 2(c), but the question is what free speech doctrine(s) the Justices will use to make this determination and whether they will provide additional guidance on evaluating First Amendment challenges to trademark laws.

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JD Supra Law

JUNE 19, 2023

Whiskey-maker Jack Daniel’s had accused VIP Products of violating trademark law by selling a dog toy marketed as “Bad Spaniels” and designed to look like a bottle of Jack Daniel’s Old No. Applying the so-called Rogers test—named for an early Second Circuit ruling in this.

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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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LexBlog IP

FEBRUARY 11, 2024

Will any of your old favorite marketing campaigns be brought back? I look forward to posting about the Super Bowl every year — not because I love football (I do) but because it’s the only time I actually appreciate watching commercials (truly). What will companies pay for a spot this year? Which celebrities will be featured?

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43(B)log

JANUARY 18, 2024

Abstract: According to the sole normative foundation for trademark protection—“search costs” theory—trademarks transmit useful information to consumers, enabling an efficient marketplace. Increasingly, retail is virtual, marketing is data-driven, and purchasing decisions are automated by AI.

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IP Law 360

MAY 31, 2023

In a split decision, the Tenth Circuit on Wednesday affirmed that trademark law permits a new educational nonprofit called "Edwell" to coexist with an older company that markets training programs under a nearly identical name.

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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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