Erik K Pelton

DECEMBER 8, 2022

We thought this was a playful, creative icon to use in videos, on social media, and elsewhere: such in the footer of our website , in some of our posts on Twitter, Instagram, and elsewhere. The purpose of trademark law is to indicate the source of a product or service. Be sure to check out the video at erikpelton.tv

Trademark 182

Trademark Social Media Editing Trademark Law 182

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.

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Trademark Social Media Advertising Advertising 88

Patently-O

FEBRUARY 3, 2023

Rather, Lizzo apparently saw a social media meme about being 100% that b h and then added it to her song. Unlike patents and copyrights, trademark law is not designed to reward the creative endeavor of invention or authorship. ” But Lizzo herself did not create the phrase. On appeal, the TTAB reversed the refusal.

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Registration Trademark Social Media Music 127

Technology & Marketing Law Blog

MARCH 10, 2022

Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. Moore, Find Out Who Your Friends Are: A Framework for Determining Whether Employees’ Social Media Followers Follow Them to A New Job, 39 CAMPBELL L. See generally, Christopher A.

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Social Media Contracts Ownership Business 79

IPilogue

AUGUST 19, 2021

During her time as a trademark law professor at Drake University, Shontavia Johnson wrote that she believed the laws created solely to protect the Olympics had been stretched too far. Rule 40 restricts social media posts and advertisements published by athletes and sponsors during the Games, both in volume and content.

Intellectual Property 106

Intellectual Property Social Media IP Trademark 106

Technology & Marketing Law Blog

MAY 30, 2023

The categorization of social media accounts into “business” and “personal” accounts was a hot issue a decade ago, when states across the country passed laws to protect employees from invasive employer demands to access or control their personal social media accounts. See Musk, Elon).

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Social Media Ownership Marketing Marketing 79

SpicyIP

JANUARY 24, 2024

However, in trying to clarify their position with regard to their (dis)association with the Trust, looks like the defendants forgot about trademark law! Unsurprisingly, consequent to this order, the defendants have taken down their website and social media pages using the “Khadi Organic” mark.

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Social Media Trademark Trademark Law Law 64

IP and Legal Filings

MAY 13, 2023

While the court in Titan Industries did not require proof of falsity, confusion or deception, the Gautam Gambhir court emphasized the need for evidence to establish confusion and disrepute, potentially due to the case being analyzed under trademark law. Interestingly, the court in Gautam Gambhir v. . &

Personality Rights 86

Personality Rights Privacy Trademark Law False Advertising 86

The IP Law Blog

FEBRUARY 10, 2022

In this episode of The Briefing from the IP Law Blog , Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit that was filed against a beauty influencer for a sponsored post she shared on social media. Watch this episode on the Weintraub YouTube channel, here.

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Social Media Trademark Blogging IP 52

IP Tech Blog

MAY 15, 2023

A track called “ Heart on My Sleeve ” went viral recently on social media with lead vocals sounding eerily similar to a certain crooner known for his lovelorn lyrics. Promoting the track using Drake or The Weeknd’s names would likely run afoul of trademark law, given that consumers could be confused as to the source of the music.

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Copyright Music Social Media Art 125

IPilogue

MARCH 20, 2023

The motion court first hearing the case misapplied the fundamental principles of trademark law. because they were the first to file a trademark application for “Bombay Frankies” despite not having yet used the mark. The motion court granted the injunction to 2788610 Ontario Inc.

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Trademark Social Media Registering Trademarks Trademark Law 105

IPilogue

NOVEMBER 22, 2022

While Bolt’s trademark registration is for the design mark rather than the pose, the use of poses and gestures in branding can potentially bring a new wave of “unusual” trademarks, especially as social media and technology have spread previously unthought-of but recognizable traits.

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Trademark Social Media Branding Brands 59

Intepat

JULY 4, 2023

While YouTube seeks to protect the IP rights of the trademark holder, they only provide a minimal investigation of the complaint. However, in addition to these limited measures, the trademark laws in India provide the following comprehensive remedies for trademark infringement. Dabur India Limited (“Dabur”) v.

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Trademark Social Media Branding Brands 52

The IP Law Blog

NOVEMBER 12, 2021

It also has a reasonable argument that consumers may ultimately be confused when they are deciding to visit one of the team’s websites or looking to tag one of the teams on social media.

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Trademark Social Media IP Intellectual Property 98

Selvam & Selvam Blog

APRIL 5, 2022

The power of the internet, in particular that of social media is humungous. 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.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

IIPRD

OCTOBER 28, 2023

Bregoli instantly became an internet meme worldwide, and her catchphrase gained much media attention, getting her worldwide recognition as the “Catch me outside girl.” 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

Technology & Marketing Law Blog

FEBRUARY 27, 2022

Power Ventures involved a social media aggregator’s consensual use of its users’ Facebook passwords to access their Facebook accounts. The service that Power Ventures sold was a platform to manage multiple social media platforms together. Power Ventures, Inc. dispute back in the Ninth Circuit in 2016. Facebook v.

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Cease and Desist Blogging Contracts Social Media 121

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. by guest blogger Lisa P. Ramsey [Lisa P.

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Blogging Trademark Fair Use Trademark Law 102

LexBlog IP

SEPTEMBER 22, 2022

“The first step in determining whether an unregistered mark or name is entitled to the protection of the trademark laws is to categorize the name according to the nature of the term itself.” Showing how third parties refer to your mark on social media, in articles, or in communications. Platinum Fin.

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Social Media Advertising Advertising Trademark 52

Garrigues Blog

OCTOBER 25, 2021

Right now we are living the intangibles revolution: social media, online shopping, on screen greetings, audio messages and meetings via platforms. So, when their digital self attends an online class or chats on social media, they can choose which t-shirt to wear from the items stored in their digital wardrobe.

Non-Fungible Tokens 59

Non-Fungible Tokens Social Media Intellectual Property Intellectual Property Law 59

43(B)log

MAY 22, 2023

Appellants, current and former professional models, appealed their summary judgment loss on a variety of claims arising from the use of their images in social media posts promoting a “gentlemen’s club” operated by EIE. Their social media footprints range from several thousand to a few million followers. 59 Murray Enters.,

Social Media 49

Social Media False Advertising Advertising Advertising 49

Traverse Legal Blog

MAY 1, 2022

Traverse Legal’s Attorneys are globally recognized for their experience and results in the legal areas of: Complex Litigation , Internet Law , Trademark Law , Business Law and more. Contact us today for more information about our social media, brand and influencer legal services. Article updated May 2022.

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Trademark Due Diligence Intellectual Property Social Media 59

LexBlog IP

MAY 15, 2023

A track called “ Heart on My Sleeve ” went viral recently on social media with lead vocals sounding eerily similar to a certain crooner known for his lovelorn lyrics. But trademark enforcement also does not have a handy takedown mechanism like the DMCA.

Copyright 52

Copyright Music Social Media Art 52

Kashishipr

JANUARY 12, 2022

All ardent social media users are aware of the latest trend of using hashtags to spread the word across a wide range of users for bolstering consumer engagement. Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection.

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Trademark Registration Registering Trademarks Social Media 105

IPilogue

OCTOBER 28, 2021

Scary Issues with Licensing and Trademarks. Although costumes are generally not afforded copyright protection, trademark laws still prevent retailers from selling and marketing unlicensed versions of costumes using the names which they are based on. It appears in the U.S.,

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. Concluding Remarks.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

SpicyIP

AUGUST 31, 2023

Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. If you have come across such ads and have wondered whether such use of a mark infringes the mark of the luxury brand, then you are not alone.

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Trademark Advertising Advertising Branding 111

LexBlog IP

OCTOBER 5, 2021

After all, it is all about the customer connecting the trademark to the source of the product or service. Or put another way, trademarks are there to help a customer make sure they are buying the same product or service from the same people they bought from last time. Great, unless the punk scene gets a hold of it. See Doc Martens.)

Social Media 40

Social Media Trademark Trademark Law Advertising 40

LexBlog IP

MARCH 9, 2023

” In the trial, the jury disagreed with Rothschild, rejecting his First Amendment defense, and finding him liable for trademark infringement, trademark dilution, and cybersquatting. This may include text messages, messaging apps, posts on any social media platform, and other forms of communication. ” ( Id.

Litigation 52

Litigation Artistic Work Branding Brands 52

Corsearch

FEBRUARY 14, 2023

A trademark is not just a means of securing and protecting a brand name, it is also a valuable business asset. It’s no surprise then that is a constant race to seek trademark ownership and registration of popular holiday names — but is owning a holiday name even possible?

Trademark 52

Trademark Non-Fungible Tokens IP Branding 52

43(B)log

FEBRUARY 16, 2023

22, 2022) This is a super messy case with a lot going on; I’m going to blog about it mainly to highlight a new thing you can apparently do with a trademark application , which is use it on non-Amazon platforms to gain advantages. Jones is “a social media influencer, media personality, and celebrity gossip blogger.”

False Advertising 87

False Advertising Trademark Registration Advertising 87

SpicyIP

JANUARY 31, 2024

Given this, I wonder if the Court will have to check the “veracity” of the claims, besides their “protectability” under trademark law or passing off.) Conversely, the defendants also asserted their claim to the culinary origins, while calling the plaintiffs’ suit “misconceived, baseless and lacking a cause of action.”

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IP and Legal Filings

JUNE 12, 2023

A trademark typically consists of a word (like Cheerios), a stylised word or letter (like the iconic M logo for McDonald’s), a design (like Nestlé’s birds’ nest), or a phrase (like “Life tastes better with KFC”).

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IP Intellectual Property Trademark Designs 78

43(B)log

DECEMBER 1, 2022

An online article used photos of the Lounge in its coverage of the series, and MGFB also submitted social media posts. Plaintiffs’ social media expert opined that the show meant that Internet searches for “Florabama” or “Flora-Bama” led to “blurred” results filled with MTV Floribama Shore content.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

IP and Legal Filings

FEBRUARY 21, 2022

Trademark law encapsulates such territorial jurisdiction under Section 134 of the Trademarks Act, 1999 [1] ( hereinafter “Trademark Act”). The petitioner presented numerous arguments to establish jurisdiction of the Court based on the defendants’ presence in India through their virtual and social-media presence.

Social Media 52

Social Media Trademark Law Marketing 52

SpicyIP

JULY 2, 2021

Since there are many companies in the world and there are only a handful of shapes and designs that can be used in any standard logo, there should be considerable flexibility in the copyright and trademark law. Herein, the social media also played a very crucial role. Image from here.

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Branding Brands Branding Trademark 66

43(B)log

FEBRUARY 19, 2022

NAACP—these courts very clearly say that trademark law applies to commercial speech, defined as it is in First Amendment case law, and not to noncommercial speech. Some of the work is also done by the idea that trademark control extends only to the name/logo of a congregation and not to other elements of worship.

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Trademark Law Trademark Art Branding 72