Garrigues Blog

SEPTEMBER 29, 2021

Trademarks displayed in audiovisual works can be a real headache if the associated legal aspects fail to be taken into account. Both Spanish and European trademark laws and case law have shed some light in this regard. It is common practice in the audiovisual world to be particularly careful with any trademarks displayed on screen.

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43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film.

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LexBlog IP

JULY 12, 2021

What is the Supplemental Trademark Register, and how does it differ from the Principal Register? Officially called the “ Supplemental Register ,” it is one of two United States federal trademark registers. What is a Supplemental Register Trademark? Moving a Trademark From the Supplemental to the Principal Register.

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Garrigues Blog

NOVEMBER 15, 2021

Often, during scrutiny and examination of an intellectual property portfolio, trade names will be found among the trademarks. It is not uncommon when reviewing a client’s intellectual property portfolio to find distinctive signs which in Spain are protected by trade names rather than trademarks. In particular, article 7.1

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Trademark Intellectual Property Trademark Law Registration 52

43(B)log

SEPTEMBER 13, 2024

The first one’s the potential surprise, and raises evidentiary questions about hearsay that a court in a trademark case might have seen differently. J-B has used unqualified “Made in USA” claims in its advertising. This wasn’t comparative advertising (or a two-player market). Epoxy: In J-B Weld Co., Gorilla Glue Co.,

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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 your sales and advertising. Platinum Fin. 3d 722, 727 (7th Cir. ” Int’l Kennel Club of Chi., Mighty Star, Inc.,

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Social Media Advertising Advertising Trademark Law 52

SpicyIP

SEPTEMBER 16, 2024

Filed under Article 226 of the Constitution, it is an ‘urgent application’ to the Registrar, DHC under the ground that the incumbent CGDPTM is not qualified to hold the post and was selected/nominated vide an arbitrary procedure without proper and effective advertisement for filling up the post. 3 (UP Pandit), for the CGPDTM post.

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LexBlog IP

MARCH 15, 2024

Throughout the twentieth century, many newspapers, advertisements, magazines, textbooks, and other reference materials used the term “red gold” to describe the gold-copper combination. ” Plaintiff alleged that it has used the mark RED GOLD on watches since 1989.

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Fair Use Social Media Trademark Advertising 52

SpicyIP

AUGUST 4, 2024

It was held that the defendant’s use of the impugned mark was infringing upon the plaintiff’s trademark rights. 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.

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The IPKat

JANUARY 25, 2024

Background In 2010, Buongiorno Myalert SA (Buongiorno), an Italian mobile apps and services provider, launched an advertising campaign for a paid subscription to a multimedia messaging service, marketed under the name ‘Club Blinko’.

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Kluwer Copyright Blog

SEPTEMBER 1, 2021

music synchronised in an advertisement) and adaptations (e.g. 5(3)(k) of Directive 2001/29/EC “ (discussed here ); the essential characteristics of parody are the following: A parody must evoke an existing work. The Copyright / Trademark Interface: How the Expansion of Trademark Protection Is Stifling Cultural Creativity.

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Derivative Work Copyright Law Copyright Law 111

43(B)log

AUGUST 18, 2021

29, 2021) This is part of a long-running trademark case, now over 10 years old. were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. Sturgis Motorcycle Rally, Inc. 2021 WL 1176242, No.

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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. The statutory threshold for proving trademark dilution is pegged higher when compared to trademark infringement and passing off. The Trademark Reporter, Vol.

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Kluwer Copyright Blog

JUNE 21, 2021

3 Directive 2001/29/EC on the harmonization of certain aspects of copyright and related rights in the information society (“InfoSoc Directive”). Use of advertising content aimed at the respective public in that EU Member State. There is some controversy as to how the right of communication to the public as mentioned in Art.

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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. Patent & Trademark Office. He received his J.D.

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Due Diligence Patent Prosecution Litigation Intellectual Property 59

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? Tandy Corp.,

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SpicyIP

MARCH 11, 2024

A Case of Reverse Passing Off: DHC Rules In Favour Of Western Digital On Trademark Infringement Recently, the DHC passed an ex-parte interim injunction order against Geonix, holding them prima facie liable for indulging in ‘reverse passing off’ by selling Western Digital’s hard disks as their own.

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Trademark Registration Copyright Patent 59

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. Hence, the court held by virtue of Section 29(3) of the Trademark Act, there will be a presumption of infringement against the defendant. Thus, there were three parties involved in that case.

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The TTABlog

JANUARY 26, 2022

Although Applicant Integra's products have been commercially successful, it failed to prove that relevant consumers perceive the "Pastel Tints" as trademarks. Nor did it provide any advertising figures, or an proof of "look for" advertising. 23, 58 USPQ2d 1001, 1006 (2001) (quoting Inwood Labs., Functionality?:

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LexBlog IP

JULY 5, 2022

Patent and Trademark Office (USPTO) typically takes only nine to 12 months and the patents remain in force for 15 years from the date of issuance (or 14 years, for applications filed before May 13, 2015). [13] Additionally, remedies available for trade dress infringement are the same as trademark infringement. [24]. 844, 850 (1982)).

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The TTABlog

JULY 5, 2023

“Economic prejudice may arise from investment in and development of a trademark, as well as the continued commercial use and economic promotion of a mark over a prolonged period.” 2001) (“The Dilution Act offers no benefit to the consumer public—only to the owner.”); Pharmacia Corp. Bridgestone/Firestone , 58 U.S.P.Q.2d 2d at 1463.

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Above the Fold

JULY 5, 2022

Patent and Trademark Office (USPTO) typically takes only nine to 12 months and the patents remain in force for 15 years from the date of issuance (or 14 years, for applications filed before May 13, 2015). [13] Additionally, remedies available for trade dress infringement are the same as trademark infringement. [24]. 844, 850 (1982)).

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Technology & Marketing Law Blog

DECEMBER 13, 2023

2001), the court found that: if the promise [in a contract] amounts only to a promise to refrain from reproducing, performing, distributing or displaying the work, then the contract claim is preempted. This logic has been adopted by the Fifth, Eleventh, and Federal Circuits (and maybe the First Circuit). In Wrench Ltd. Taco Bell Corp. ,

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IP Whiteboard

NOVEMBER 18, 2020

Gleeson J stated that the circumstances and available evidence did no support an order by the court that the Disputed Numbers be transferred to Manly Cabs under section 90-15 of Schedule 2 of the Corporations Act 2001 (Cth). To succeed, the Complainant needed to satisfy three elements under the.au

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Branding Branding Brands Business 40

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 19, 2021

would be “in furtherance of the offense” of misappropriation, and since the plaintiff established at trial that the defendants advertised, promoted, and marketed the products embodying the allegedly stolen trade secrets inside the U.S., Since “use” of the trade secret inside the U.S. DTM Research, L.L.C. AT & T Corp., 3d 327 (4th Cir.

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Garrigues Blog

SEPTEMBER 19, 2024

Several years ago, we wrote about the major headaches faced by creative teams in the film industry when using third-party trademarks in the films, series and programs they produce: ‘Can my characters casually drink a beer on the beach without prior authorization from the trademark owners? Article 129.1 Article 129.1 Article 129.3

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LexBlog IP

NOVEMBER 30, 2022

2001), which itself carried on the notion described in Publications International, Limited, v. § 1125(c)(3)(C), thus barring as a matter of law a claim of dilution by tarnishment under the Trademark Dilution Revision Act. Head , 178 F. 2d 758, 764 (S.D. ” Belford, Clarke & Co. ” Id. Jack Daniel’s Cert.

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Patently-O

DECEMBER 12, 2021

Can you register a famous person’s name as your trademark without their consent? Patent and Trademark Office interprets this to mean no, never, no matter what. 22] TRUMP TOO SMALL passes this test because it is commentary on TRUMP, not a disguised advertisement that is merely incidental to Donald Trump. 471, 500 (2003)). [16]

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