Technology & Marketing Law Blog

JANUARY 2, 2023

Also, did the law ban delivery services from buying keyword ads based on the retailers’ trademarks? June 6, 2022): No initial interest confusion when the plaintiff’s trademark is included in the post-domain name URL. * 2009) (internal quotes and citations omitted). Compare Left Field Holdings v. 2022 WL 2784820 (C.D.

Trademark 105

Trademark Social Media Registering Trademarks Intellectual Property 105

Kashishipr

AUGUST 4, 2021

Several courts have had trouble in applying substantive Trademark Law to this field of technology. It may also be a proactive threat to trademark owners; thus, this article delves into the question of whether or not a name or logo of a cryptocurrency can function as a legitimate trademark. Understanding Cryptocurrency.

Trademark 105

Trademark Trademark Law Intellectual Property Ownership 105

SpicyIP

FEBRUARY 10, 2023

Image from Rick Harrison, here Our readers may be aware of Section 12 in the Trademark Act 1999 which allows the registration of identical or similar trademarks by more than one proprietor in case of honest concurrent use of some special circumstances. But then came Raman Kwatra v. It claimed to have used the mark since 1954.

Trademark 119

Trademark Registration Trademark Law Law 119

Likelihood of Confusion

SEPTEMBER 12, 2023

The post Best of 2009: McBummer: Thoughts on the McFamily of Trademarks McConcept appeared first on LIKELIHOOD OF CONFUSION™. I’ve written before about the odd cultural juxtaposition of McDonald’s and the Muslim world. It turns out I don’t know the half of it! Now McDonald’s has lost its effort to.

Trademark 40

Trademark Brands Branding Branding 40

Likelihood of Confusion

AUGUST 26, 2022

The post Best of 2009: The best of the best. Only Marc Randazza can put certain things in certain ways — and on those occasions when he’s actually right (like when he’s discussing law and not politics! ;-)), man, he’s. Of the bestest. appeared first on LIKELIHOOD OF CONFUSION™.

Law 52

Law Trademark Law Trademark 52

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Trademark violation raises significant issues. Cybersquatting is another type of trademark infringement.

Trademark 98

Trademark Social Media Advertising Advertising 98

Likelihood of Confusion

JUNE 14, 2023

The post Best of 2009: “Infinity Dollars” — IP damages and the jury, Part 1 appeared first on LIKELIHOOD OF CONFUSION™. A lot of people, including judges, lawyers and civilians, don’t seem to really understand what statutory damages are all about. They are not supposed to be a windfall (discussed more.

IP 52

IP Trademark Law Copyright Law Law 52

Likelihood of Confusion

FEBRUARY 6, 2023

Published on July 6th, 2009. The post Best of 2009: Dr. Yes appeared first on LIKELIHOOD OF CONFUSION™. Just a scant day after I was using the mythical man from MI6’s movie mug to mock our former colonial overlords for their upperclass-twittery, comes the.

Publishing 40

Publishing Trademark 40

SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. Rosemount Inc. Satheesh Madhav and Anr.

Trademark 126

Trademark Invention Patent Art 126

IP and Legal Filings

JANUARY 5, 2023

Trade Mark Act, 1999 (hereinafter referred to as “Act”) defines the term Trademark as “a mark which is capable of distinguishing a product or service of one person from those of others”. [1] The ‘Cycle’ trademark has been domestically and internationally used by the plaintiff since 1954 without anyone’s interruption.

Trademark 98

Trademark Brands Branding Branding 98

Likelihood of Confusion

FEBRUARY 26, 2024

2009), which stands for the proposition that, yes, a domain name registrar can be liable for contributory trademark infringement arising from the directly infringing acts of its clients. [stextbox id=”info”] This is a summary and analysis of the decision in Transamerica Corp. Moniker Online Services, 672 F.Supp.2d

Trademark 98

Trademark Trademark Law Law 98

IP and Legal Filings

FEBRUARY 2, 2024

However, what would happen if business houses wanted to trademark the name of the god they worshipped? As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited.

Trademark Law 98

Trademark Law Trademark Law Service Mark 98

IP and Legal Filings

OCTOBER 30, 2023

Hence, it is no wonder that the battle for ownership of her trademark is also highly sought after. Barbie’s unique corporate identity, which includes its name, logo, and slogan, has always been carefully protected by trademarks thanks to Mattel’s vigilance.

Trademark 98

Trademark Branding Brands Branding 98

IP and Legal Filings

OCTOBER 23, 2023

Businesses may find it challenging to enforce trademark rights in online marketplaces because it can be challenging to locate infringers and hold them accountable. Effective trademark enforcement is essential in this situation for protecting the goodwill and financial interests of legitimate businesses.

Marketing 98

Marketing Marketing Trademark Registration 98

IP and Legal Filings

MARCH 7, 2022

A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

Trademark 89

Trademark Law Registering Trademarks Branding 89

Likelihood of Confusion

JUNE 27, 2023

This was first posted on May 7, 2009. The post Best of 2009: Keeping it real — the ultimate use in commerce appeared first on LIKELIHOOD OF CONFUSION™. The TTABlog® reports, again, on the fraud issue, but that’s not what interests me here so much this time. Rather, it’s the.

Reporting 40

Reporting Trademark Law Trademark Law 40

Likelihood of Confusion

SEPTEMBER 3, 2022

This was first posted on May 7, 2009. The post Best of 2009: “Keeping it real — the ultimate use in commerce” appeared first on LIKELIHOOD OF CONFUSION™. The TTABlog® reports, again, on the fraud issue, but that’s not what interests me here so much this time. Rather, it’s the.

Reporting 40

Reporting Trademark Law Trademark Law 40

Likelihood of Confusion

MARCH 30, 2024

Marty Schwimmer writes about “Real Trademark Issues In Virtual Worlds.” Originally posted 2009-10-23 14:01:04. Republished by Blog Post Promoter The post Virtual trademarks, real money appeared first on LIKELIHOOD OF CONFUSION™. ” This is one of the edges that’s just bleeding all over the place.

Trademark 52

Trademark Blogging 52

IP and Legal Filings

MARCH 7, 2022

A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

Trademark 84

Trademark Law Registering Trademarks Branding 84

JD Supra Law

OCTOBER 19, 2023

The Trademark Trial and Appeal Board’s (Board) precedential decision in Chutter, Inc. Following the Federal Circuit’s 2009 In re Bose Corp. Great Management Group L.L.C. TTAB 2021) opened the door for cancellation actions and defenses based on a lowered intent requirement.

Trademark 62

Trademark Registration 62

IPilogue

APRIL 26, 2022

based proprietor of the egg-shaped lip balms since 2009 , has failed in its attempt to have the shape of its lip balm registered as a three-dimensional (“3D”) trademark before the European Union Intellectual Property Office (“EUIPO”). Firstly, since being launched in 2009, the egg-shaped balm has come to be associated with EOS.

Social Media 119

Social Media Registration Marketing Marketing 119

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.

Trademark 52

Trademark Trademark Law Television Registering Trademarks 52

TorrentFreak

APRIL 18, 2023

Ever since its launch in 2009, rightsholders have complained that file-hosting platform 1fichier.com fails to take intellectual property rights seriously. In respect of copyright infringement notices or trademark-based takedowns, rightsholders are not required to provide information that goes beyond the requirements of the law.

Copying 144

Copying Publishing Intellectual Property Copyright Infringement 144

Greenspoon Marder LLP

NOVEMBER 25, 2012

Coach, the luxury handbag manufacturer, began Operation Turnlock in 2009, an anti-counterfeiting campaign. Just in July of this year, a mother and daughter team of counterfeiters were hit with a $44 million judgment, and their operation was shut down by a Manhattan judge for trademark infringement. Can You Trademark a Place?

Trademark 52

Trademark Settlement Branding Brands 52

The TTABlog

FEBRUARY 8, 2022

Court of Appeals for the Ninth Circuit reversed (in part) the district court's dismissal of a civil action for unfair competition, trademark dilution, and trademark infringement involving Defendant Meenakshi's three IDHAYAM marks registered for sesame seed oil. In December 2019, the U.S. 7-3 at 1-4.)

Litigation 75

Litigation Registration Brands Branding 75

Biswajit Sarkar Copyright Blog

JANUARY 17, 2022

Section 9(1)(a) 1 of the Indian Trademark Act, 1999 mentions lack of distinctiveness in the mark as one of the grounds for refusing registration of the mark. However, in India, there are numerous family enterprises where personal names and surnames have been registered as trademark. Personal Names As Trademark.

Trademark 52

Trademark Registering Trademarks Registration Licensing 52

JD Supra Law

SEPTEMBER 24, 2021

In late 2016, MTV began developing “MTV Floribama Shore,” part of the “Shore” franchise that began with “Jersey Shore” in 2009. MTV planned to broadcast the premiere in November 2017. By: Jenner & Block

Trademark 52

Trademark 52

SpicyIP

NOVEMBER 2, 2021

We’re very happy to bring our readers a guest post that uses a dataset of more than 300,000 trademark examination reports from the year 2019, as the basis for analysing the trademark registry’s examination process. A dataset was built by scraping the electronic register of the Indian Trademark Registry in 2020.

Reporting 126

Reporting Trademark Advertising Advertising 126

LexBlog IP

DECEMBER 19, 2023

‘Twas a day in December, when all through the blog, we were writing ‘bout trademarks, as if in a fog. When, what to our wondering eyes should appear, but holiday trademarks, so lovely and dear. The PTO said, as it reviewed the files, we’ve got holiday trademarks, we’ve got ‘em in piles! 5361645).

Trademark 52

Trademark Registration Registering Trademarks Service Mark 52

43(B)log

AUGUST 18, 2022

9, 2022) Interesting case about trademark preemption. Its maker, Applica, paid royalties to Black & Decker for the right to use the name and trademarks in selling small kitchen appliance. “[A] Wal-Mart Stores East, LP, No. A-1-CA-38023, 2022 WL 3221810, -- P.3d The coffeemaker evidently proved unsatisfactory, and the Pumas sued.

Trademark 64

Trademark Licensing Brands Branding 64

Intepat

APRIL 7, 2022

A trademark is a distinct identifier that helps a person set himself or his product apart. For an average consumer, a trademark constitutes an identity of the product or service they plan to avail. Licensing and assignment are two methods for the transfer of trademark rights. To license, a registered user is a licensee.

Business 52

Business Trademark Licensing Branding 52

Intepat

APRIL 7, 2022

A trademark is a distinct identifier that helps a person differentiate himself or his product. For an average consumer, a trademark constitutes an identity of the product or service they plan to avail. Licensing and assignment are two methods for the transfer of trademark rights. How to Franchise your brand name.

Trademark 52

Trademark Licensing Branding Brands 52

Corsearch

FEBRUARY 22, 2024

Trademark infringement is the nightmare that keeps big brands up at night. In a world where maintaining a distinctive identity and protecting consumer trust is a constant battle, safeguarding your trademarks is crucial. What is trademark infringement? Let’s start with the basics; what is trademark infringement?

Branding 59

Branding Brands Branding Trademark 59

IP Tech Blog

APRIL 17, 2023

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. 32 of the Trademark Law requires that no trademark shall be registered if it collides with a prior unregistered mark that has acquired a certain or high reputation in China.

Trademark Law 57

Trademark Law Trademark Law Branding 57

SpicyIP

SEPTEMBER 19, 2024

Registrar of Trademarks , the Madras HC was hearing a writ petition seeking a writ of mandamus for the Trademark Registry to expeditiously dispose of a name-change application ( Form TM P ). Image from here In Tiger Foods Ingredients (P) Ltd. Prashant had earlier written a post where he had praised Mr. P.H.

Patent Application 102

Patent Application Reporting Trademark Patent 102

Intellectual Property Brief

APRIL 23, 2021

In the “StrongVolt Case,” an electronic goods trademark is voided under the use in commerce requirement for a valid registration. In 2009, Matey Michael Ghomeshi.

Registration 52

Registration Trademark Intellectual Property IP 52

The TTABlog

MARCH 17, 2022

In 2009, Viacom let lapse its registration for DOUBLE DARE for production and distribution of a children's game show. Applicant Armstrong contended that Viacocm abandoned the DOUBLE DARE mark between 2009 and 2018, and so Armstrong filed its intent-to-use application in January 2018. Reruns followed.

Television 61

Television Social Media Trademark Registration 61