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.

Marketing 52

Marketing Marketing Trademark Law IP 52

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.

Trademark Law 52

Trademark Law Trademark Law Branding 52

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. ,

Marketing 98

Marketing Marketing Licensing Trademark Law 98

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.

Trademark Law 52

Trademark Law Law Trademark Intellectual Property 52

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.

Trademark 80

Trademark Intellectual Property Marketing Marketing 80

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]

Marketing 85

Marketing Marketing Trademark Registration 85

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.

Trademark Law 52

Trademark Law Trademark Law Branding 52

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:

Blogging 98

Blogging Marketing Marketing IP 98

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.

Copyright 99

Copyright Trademark Law Publishing Copyright Infringement 99

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.

Trademark Law 52

Trademark Law Marketing Marketing Law 52

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.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

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.

Trademark Law 98

Trademark Law Trademark IP Blogging 98

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.

Marketing 40

Marketing Marketing Licensing Trademark Law 40

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.

Trademark 100

Trademark Trademark Law Marketing Marketing 100

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 126

Trademark Trademark Law Marketing Marketing 126

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.

Trademark Law 52

Trademark Law Marketing Marketing Trademark 52

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.

Blogging 52

Blogging Advertising Advertising Trademark Law 52

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.

IP 126

IP Advertising Advertising Trademark Law 126

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.

Trademark 119

Trademark Trademark Law Branding Brands 119

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

Trademark 52

Trademark Law Trademark Law Branding 52

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.

Trademark Law 52

Trademark Law Designs Design Marketing 52

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?

Blogging 52

Blogging Advertising Advertising Trademark Law 52

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.

Trademark 78

Trademark Branding Brands Branding 78

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.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

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.

Trademark 86

Trademark Social Media Advertising Advertising 86

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.

Trademark Law 40

Trademark Law Marketing Marketing Trademark 40

IP Law 360

JULY 20, 2023

Supreme Court's recent ruling limiting how federal trademark law can be applied to foreign sales won't stop arguments from citing foreign sales as "circumstantial evidence" in a "gray market" trademark lawsuit over industrial automation products that goes to trial before a jury next week.

Trademark Law 40

Trademark Law Marketing Marketing Trademark 40

IIPRD

AUGUST 27, 2022

The instant order of the General Court proves wrong the false assumptions that the shape mark is dead under the trademark law based on the doctrine of aesthetic functionality. trademark law which was later borrowed and adopted in a more limited sense in the European trademark law. The Cosmopolitan Approach.

Trademark Law 52

Trademark Law Registration Marketing Marketing 52

Patently-O

FEBRUARY 3, 2023

Unlike patents and copyrights, trademark law is not designed to reward the creative endeavor of invention or authorship. Rather, trademark is designed as a consume-protection and market-function tool and so focuses on consumer perception. On appeal, the TTAB reversed the refusal.

Registration 127

Registration Trademark Social Media Music 127

IPilogue

OCTOBER 18, 2022

In its injunction motion, WOTC considers criteria based on the trademark application examination process under US law. WOTC asserts that TSR LLC cannot register the marks in question because of factors such as proximity of goods, similarity of the marks, marketing channel convergence, and ultimately, consumer confusion.

Trademark 101

Trademark Trademark Law Intellectual Property Law Publishing 101

Technology & Marketing Law Blog

MARCH 8, 2022

academics with expertise in trademark law. The SHOP SAFE Act represents one of the most significant proposed reforms of trademark law that Congress has contemplated in years, and it will likely reshape e-commerce in unwanted ways. The SHOP SAFE Act would do this by fundamentally changing trademark law.

Trademark 124

Trademark Trademark Law Law Blogging 124

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

The IPKat

JANUARY 27, 2022

Ab initio distinctiveness The Court concluded that the trademark is not distinctive ab initio because there are numerous similar perfume bottles on the market. So the Court considered that Chanel’s perfume bottle is commonplace within the perfume market. 5 perfume) within the entire perfume market (similar to C-25/05 P ).

Trademark 138

Trademark Registration Marketing Marketing 138

IP and Legal Filings

MAY 18, 2023

Image Sources : Shutterstock] The differentiation between principles of design infringement and trademark infringement is logical. Trademark law is not intended to encourage creation or production but rather serves as a tool for source identification to benefit consumers who associate distinctive brand identity with goodwill.

Designs 75

Designs Design Art Trademark Law 75

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.

Trademark 119

Trademark Fair Use Trademark Law Branding 119

IP Law 360

JANUARY 4, 2023

A New York federal judge has ordered a gray-market diabetes test strip seller to cough up almost $26.5 million to Abbott Laboratories over allegations of breaking trademark laws by selling test strips made for the European marketplace in the U.S. — not quite the nearly $40 million that Abbott's lawyers asked for.

Trademark Law 40

Trademark Law Marketing Marketing Trademark 40

Biswajit Sarkar Copyright Blog

MAY 29, 2023

Here are several reasons why trademark searches are critical for these brands: Establishing Brand Identity: Trademarks enable new brands to establish a unique identity and differentiate themselves in the market. Trademark infringement can lead to brand reputation damage and loss of market share.

Intellectual Property 52

Intellectual Property Branding Brands Branding 52