Kluwer Copyright Blog

SEPTEMBER 1, 2021

music synchronised in an advertisement) and adaptations (e.g. This is another sculpture from the Banality series: Koons used a photograph for an advert created for the French prêt-à-porter (ready to wear) brand Naf-Naf in 1988, that had been published in various women’s magazines such as “Elle” and “Marie Claire”.

Derivative Work 111

Derivative Work Copyright Law Copyright Law 111

SpicyIP

DECEMBER 12, 2023

Chetanbhai Shah & Ors (2001 case) and held that where a case of prima facie passing off is made out, the Court ought to grant an immediate ex-parte injunction. states that “The brand names serve as information ‘chunks’. product, advertisement or store) before using what we have in our memory to interpret and identify that object.

Trademark 59

Trademark Branding Brands Branding 59

SpicyIP

JUNE 13, 2024

Essentially, consumers are motivated to make positive efforts—such as verifying brand authenticity or switching websites—only if they perceive a substantial benefit from doing so. 2001) where the Court considered the potential for initial confusion sufficient for infringement. This is akin to the US decision in Autozone, Inc.

Branding 56

Branding Brands Branding Marketing 56

SpicyIP

AUGUST 4, 2024

Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts? It was also submitted that the advertisement of the plaintiff including their mark ‘RUMMYCIRCLE’ was changed to show ‘VRUMMY’ by the defendants. The petitioner proved prior use by placing documents on record since 2001.

Social Media 105

Social Media Trademark Licensing Music 105

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising. Thomas in 2001. She received her J.D. Dr. Crystal Culhane focuses her practice on U.S.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

IP Whiteboard

NOVEMBER 18, 2020

The Disputed Numbers were associated with the Manly Cabs brand, with some featuring as part of the livery of Manly Cabs’ taxis. In the Panel’s view, the Complainant was not using the smartnumbers as names or brands. Both decisions also recognised that some value may subsist in telephone numbers as a result of their use.

Branding 40

Branding Branding Brands Business 40

LexBlog IP

JULY 5, 2022

§ 102(a); see also Pride Family Brands, Inc. Secondary meaning may be established when a manufacturer can show that, in the minds of the public, the primary significance of a product feature or term is to identify the source of the product rather than the product itself. [22] Turner Heritage Homes Inc., 3d 1314, 1320 (11th Cir.

Intellectual Property 52

Intellectual Property Design Patent Design Designs 52

Above the Fold

JULY 5, 2022

102(a); see also Pride Family Brands, Inc. Secondary meaning may be established when a manufacturer can show that, in the minds of the public, the primary significance of a product feature or term is to identify the source of the product rather than the product itself. [22] Turner Heritage Homes Inc., 3d 1314, 1320 (11th Cir. GFI , 193 F.3d

Intellectual Property 40

Intellectual Property Design Patent Design Designs 40

The IPKat

MARCH 27, 2022

One of these brands that has popped up on the AmeriKat's Instagram are riding boots from Fairfox & Favor. It sells well-known and artisan brands through its retail premises, online store and mail-order catalogue and has an annual turnover of £30million. The footwear part of their business accounted for less than 20%.

Designs 52

Designs Design Copying Art 52

Garrigues Blog

SEPTEMBER 19, 2024

In this scenario, we could be dealing with a case of illicit product placement and surreptitious advertising. Instead, the court found a ‘clear advertising purpose, with the risk of misleading consumers, subtly and unconsciously leading them to purchase Amantis products’. Article 129.1

Advertising 52

Advertising Advertising Trademark Intellectual Property 52

LexBlog IP

NOVEMBER 30, 2022

Varsity Brands , 137 S.Ct. 2001), which itself carried on the notion described in Publications International, Limited, v. In 2022, the NFL branded the Thanksgiving games as the John Madden Thanksgiving Celebration, to honor the memory of head coach and broadcaster John Madden. [ Head , 178 F. 2d 758, 764 (S.D. ” Id.

IP 52

IP Intellectual Property Fair Use Trademark 52

SpicyIP

JANUARY 2, 2022

The suit concerned agreements dating back to 2001 between IPRS and ENIL regarding broadcasting music in certain cities. The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets.

IP 143

IP Intellectual Property Copyright Trademark 143

Patently-O

DECEMBER 12, 2021

21] Under this test, Ginger Rogers and the estate of Fred Astaire could not prevent a filmmaker from using the title “Ginger and Fred” in a fictional film because the use was “clearly related to the content of the movie and is not a disguised advertisement for the sale of goods or services or a collateral commercial product.” [22]

Registration 69

Registration Government Advertising Advertising 69