The IP Law Blog

MAY 20, 2021

In essence, reverse confusion can occur when “the junior user’s advertising and promotion so swamps the senior user’s reputation in the market that customers are likely to be confused into thinking that the senior user’s good are those of the junior user.”. Commerce Ins. Agency, Inc., 3d 432, 445 (3d Cir.

Trademark 98

Trademark Marketing Marketing Business 98

IP and Legal Filings

FEBRUARY 7, 2023

In an effort to connect with a younger, tech-savvy consumer base, more and more firms are deciding to debut their products and advertise them electronically through the Metaverse. Information Technology Act of 2000, Section 10A.) It ought to function similarly to how online contracts are upheld.

Trademark 98

Trademark Non-Fungible Tokens Branding Branding 98

Selvam & Selvam Blog

MARCH 28, 2022

The trademark law firmly establishes that a trademark owner reserves the exclusive right to use the trademark and enforce the same. Section 142 of the Act categorizes threats as circulars, advertisements or other similar means served on the other party.

Cease and Desist 40

Cease and Desist Trademark Due Diligence Intellectual Property 40

SpicyIP

DECEMBER 12, 2023

316 US 203] “the protection to trademark is the law’s recognition of the psychological functions of the symbols”. Mr. Jacob Jacoby in his article, “The Psychological Foundations of Trademark Law: Secondary Meaning, Generism, Fame, Confusion, Dilution.” The Trademark Reporter, Vol. 5 September-October, 2000].”

Trademark 58

Trademark Brands Branding Branding 58

SpicyIP

JUNE 13, 2024

Mountain Valley Springs, the plaintiff, has been marketing its products under the trademark (TM) “Forest Essentials” since 2000, claiming extensive reputation and goodwill, especially for their Ayurvedic products, including a baby care segment launched in 2006. Case Overview: What were The Parties even Fighting for?

Branding 55

Branding Brands Branding Marketing 55

Biswajit Sarkar Copyright Blog

JANUARY 19, 2022

In that case, Google was using the plaintiff’s (Bharatmatrimony) trademark for advertising the websites of other matrimonial sites. Unlike UDRP, it is governed by the Arbitration & Conciliation Act, 1996 and hence, binding in the court of law 8. vs Cyberbooth AIR 2000 Bom 27 People Interactive (India) Pvt.

Registration 52

Registration Trademark Cinema Business 52

Technology & Marketing Law Blog

OCTOBER 23, 2024

This is a major ruling validating the legitimacy of competitive keyword advertising, which occurs when an advertiser purchases and displays ads triggered in response to third-party trademarks. Recently, the “ Second Circuit Tells Trademark Owners to Stop Suing Over Competitive Keyword Advertising.”

Trademark 105

Trademark Advertising Advertising False Advertising 105

IPilogue

JANUARY 14, 2022

2000 SCC 66 at para. Trademark Law. Parody in Trademarks is No Joke. In Subway IP LLC v Budway, Cannabis & Wellness Store , the Federal Court reaffirmed that parody is not a defence against trademark violation. Currently, under Quebec’s French-language laws, both registered and unregistered (i.e.,

IP 105

IP Copyright Infringement Inventor Intellectual Property 105

43(B)log

DECEMBER 11, 2024

23-2000 (1 st Cir. A second sign advertises Miss Lizzies as The Most Haunted Coffee Shop in the World! The parties also rely on different forms of advertising, and a sign on Miss Lizzies storefront explicitly disclaimed any relationship with the neighboring Lizzie Borden House. US Ghost Adventures, LLC v.

Registration 94

Registration Business Trademark Marketing 94

IP and Legal Filings

OCTOBER 23, 2024

The integrity of trademark law is seriously threatened by such exploitative strategies, which emphasises the necessity of court action to defend and preserve the rights of rightful trademark owners. A study of Indian and US Trademark Law relating to the effect of ‘Non-Use’of a trademark. [3]

Trademark 86

Trademark Registration Branding Branding 86

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Professor Alexandra Roberts has written an excellent recent article on this, Trademark Failure to Function.

IP 94

IP Trademark Advertising Advertising 94