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 73

Trademark Fair Use Registration Branding 73

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 70

Design Patent Patent Infringement Designs Design 70

Kashishipr

MAY 11, 2022

The single color or color combination of a product’s packaging can obtain Trademark Protection only if it is capable enough to be recognized by the general public as unique or belonging to a specific brand. 2003 (27) PTC 478 Del. It also encourages safeguarding the interests of the traders and consumers in the market.

Trademark Law 105

Trademark Law Trademark Law Branding 105

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

Kashishipr

NOVEMBER 3, 2021

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. Simply put, trademark genericization is the death of the mark as it no longer acts as a source indicator of the brand owner.

Trademark 105

Trademark Branding Brands Branding 105

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 90

Licensing Copyright Contracts Advertising 90

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 84

Music Copyright Copying Copyright Law 84

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

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

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