IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] Notwithstanding the essence of this finding, this is too narrow an interpretation of the true spirit of trademark law. 2003) 27 PTC 478 at para 63.

Registration 98

Registration Trademark Trademark Law Law 98

The IP Law Blog

APRIL 30, 2021

Although Kobe started his career with Adidas, he changed to Nike in 2003, and he stayed there for the rest of his life. Well, if the uptick in activity at the Trademark Office is any indication of what’s to come, we may see the late Mamba’s estate launch its own brand. So what now?

Trademark 87

Trademark Branding Brands Branding 87

IP and Legal Filings

APRIL 14, 2023

There have been several instances wherein the Courts have granted protection and recognized marks as Well-Known Trademarks. One such instance was the recent case involving the renowned Basmati Rice Brand ‘DAAWAT’. It is the case of the Plaintiff that it is one of the 50 most renowned brands among Food Companies in North India.

Trademark 98

Trademark Branding Brands Branding 98

IP and Legal Filings

JUNE 26, 2023

Introduction Brand owners and traders have long embraced numeral creativity to captivate consumers. Names like 7-eleven, 5 Star, 7Up, and 99acres resonate with consumers, widely reflecting the innovative use of number as brand identities.

Trademark 96

Trademark Fair Use Registration Brands 96

IIPRD

OCTOBER 28, 2023

However, outside the realm of brand marketing, when celebrities make use of a phrase, to the point of it becoming associated to them, it becomes a catchphrase of their own. Positionin India Indian judicial position regarding copyright and trademark of celebrity catchphrases is not clear. For instance, in the U.S.A.,

Copyright Law 59

Copyright Law Branding Brands Branding 59

SpicyIP

AUGUST 26, 2024

Further, it was alleged that they were diluting and tarnishing the brand by publishing AI-generated deepfake content using the said characters image and appearance across online platforms, including pornographic websites, which, the plaintiff argued, was detrimental to the overall reputation and goodwill amassed by the show over the years.

Personality Rights 111

Personality Rights Privacy Copyright Trademark 111

Intepat

JUNE 7, 2024

INTRODUCTION The historical narrative of color as a trademark unfolds as a captivating voyage intertwined with the evolution of branding methodologies and legal frameworks. The significance of trademarking colors lies in their profound impact on consumer perception and brand identity. In Colgate Palmolive Company And Anr.

Trademark 52

Trademark Branding Brands Branding 52

IIPRD

JANUARY 21, 2022

This distinct packaging assists the consumers in associating a product with a particular brand which helps in developing the goodwill and reputation of the brand. Also, the scope of trade dress protection is comparatively a lot broader than the protection offered by the trademark law. Anchor Health &Beauty Care Pvt.

Branding 40

Branding Brands Branding Trademark Law 40

Patently-O

SEPTEMBER 17, 2023

The Federal Circuit’s pair of decisions provide guidance on how logos factor into the design patent infringement inquiry, and begin to tease-out differences in policy concerns underlying design patent law versus trademark law. For trademark infringement under the Lanham Act, likelihood of consumer confusion is a key requirement.

Design Patent 72

Design Patent Patent Infringement Designs Design 72

IPilogue

MARCH 27, 2023

As a result, the Mickey Mouse copyright was then set to expire at the end of 2003. Although the original Mickey Mouse’s copyright protection will expire at the end of 2023, Disney will still be able to protect the Mickey Mouse brand through trademark law.

Public Domain 40

Public Domain Copyright Law Copyright Registering Trademarks 40

Technology & Marketing Law Blog

OCTOBER 19, 2021

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Citing a 2003 Ninth Circuit case, Kremen v. It didn’t.

Licensing 105

Licensing Copyright Contracts Advertising 105

Copyright Lately

MAY 1, 2023

No wonder I’m getting flashbacks to 2003. As I explained in my discussion of the Rick Astley lawsuit , right of publicity and trademark law provided viable claims to Bette Midler and Tom Waits when imitations of their voices were used in advertising. Soundalikes: No Actual Sounds, No Actual Infringement?

Music 90

Music Copyright Copying Copyright Law 90

LexBlog IP

SEPTEMBER 29, 2022

Joost Kist Memex (2003) , par. But, as Nick March has said , there is no turning back as “the power of sound to build emotional connections between consumers to brands has become evident. The equity of an instantly recognisable – ideally catchy – sound that creates subconscious connections with a brand is immense.

Trademark 52

Trademark Registration Music Intellectual Property 52

IP and Legal Filings

FEBRUARY 19, 2025

At the first instance this practise may look harmless, Since the brand does not officially associate with the organisers, it may pretend to believe as there is no use or direct infringement of the logo or name of the event. This type of marketing practise is known as ambush marketing practise. What Is Ambush Marketing?

Intellectual Property 96

Intellectual Property Marketing Marketing Branding 96

SpicyIP

MARCH 23, 2025

The Trial Court granted an interim injunction, restraining DS Drinks from using the mark, reasoning that “SWING” was the dominant part of Hector Beverages brand and had acquired significant goodwill. Skullcandy Inc vs Galaxy Mobile Plaza Ors on 11 March, 2025 (Delhi District Court) Image from here. The plaintiff, Skullcandy Inc.

Registering Trademarks 102

Registering Trademarks Trademark Brands Branding 102

SpicyIP

MARCH 22, 2025

Kiranakart contended that their ZEPTO mark had generated immense goodwill since 2021, and they have invested heavily in branding and operations. Interestingly, the respondent had also opposed Kiranakarts trademark application in Class 35, despite having no active use of his mark. Addisons Paint & Chemicals Ltd. A Test or a Hurdle?

Advertising 59

Advertising Advertising Trademark Registration 59

43(B)log

JANUARY 31, 2025

Jeanne Fromer (with Beebe and Stein), An Empirical Picture of Trademark Law We are running out of competitively effective word marks. Inadequacy of TM law: visual depletion and congestion; difficulty handling visual similarity in confusion analysis; difficulty handling visual distinctiveness in the sense of source identification.

Branding 52

Branding Brands Branding Designs 52

Patently-O

DECEMBER 12, 2021

2003) (quoting Mark S. 471, 500 (2003)). [16] Lemley, What the Right of Publicity Can Learn from Trademark Law , 58 Stan. 903, 930 (2003) (“[T]here is good reason to think… that the right of publicity is unconstitutional as to all noncommercial speech, and perhaps even as to commercial advertising as well.”). [24]

Registration 69

Registration Government Advertising Advertising 69