The IP Law Blog

SEPTEMBER 22, 2022

The district court granted the motion, ruling that P&P had failed to produce evidence “of secondary meaning” because it failed to show that consumers would associate its trade dress specifically with P&P, relying on a 2011 Ninth Circuit case, Fleischer Studios, Inc. P&P appealed the summary judgment ruling to the Ninth Circuit.

Copying 98

Copying Marketing Marketing Advertising 98

LexBlog IP

JULY 5, 2023

On June 29, 2023, the Supreme Court adopted a restrictive view of the extraterritorial application of the Lanham Act, holding that federal trademark law cannot support a claim for trademark infringement against solely foreign conduct. The case is Abitron Austria GmbH v. Hetronic International, Inc.

Trademark 52

Trademark Marketing Marketing Contracts 52

IP and Legal Filings

FEBRUARY 7, 2023

The business may apply to register a multi-class trademark that covers both its products and services in the metaverse. Additionally, it will reduce pointless litigation and save the time of the Court and the parties involved. 181 (2011) DLT 716. [2]

Trademark 98

Trademark Non-Fungible Tokens Brands Branding 98

SpicyIP

MAY 30, 2024

On this, the Court expressly held that the recognition as a well known mark will not give Vans an automatic, unabridged right to apply for rectification of FCB’s trademark. Surabhi is a recent graduate from Hidayatullah National Law University, Raipur. The petitioner then entered the Indian market in 2011.

Trademark 45

Trademark Marketing Marketing Registration 45

IP and Legal Filings

MAY 23, 2023

Judicial precedents in India Although innumerable domain name disputes have been litigated all over the world since early 1990s, the first case came up before an Indian court only in 1999, with the number of such cases growing ever since. 4] (2011) 181 DLT 716. 1] (1999) 78 DLT 285. [2] 2] 1996 PTC(16) 142. [3] 3] AIR 2004 SC 3540. [4]

Business 52

Business IP Registration Trademark 52

The IP Law Blog

MARCH 2, 2021

10 According to Fossil, the equity courts historically required plaintiffs to establish willfulness, or its historical equivalent, to obtain a profits award in trademark disputes. But even if the Court put aside these issues, its own survey of the case law was less convincing than Fossil would have had the Court believe.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

Technology & Marketing Law Blog

OCTOBER 9, 2024

Courts almost never found trademark infringement in those cases, but it was only in the last decade that we started to get opinions saying this bluntly and clearly. Warby Parker, part of 1-8oo Contacts’ irrepressible efforts to revive the litigation genre. Other Implications Comparison to the Network Automation Case.

Advertising 98

Advertising Advertising Trademark False Advertising 98

Technology & Marketing Law Blog

AUGUST 30, 2023

For example, 9th Circuit courts used the “Internet trinity” factors in the 2000s, and then switched in 2011 to a unique four-factor test from the Network Automation. The litigants directly compete. ” Relatedness of goods. Mark similarity. 1-800 Contacts * Amazon Defeats Lawsuit Over Its Keyword Ad Purchases–Lasoff v.

Advertising 98

Advertising Advertising False Advertising Trademark 98

SpicyIP

NOVEMBER 8, 2023

Xiaomi highlighting how the common practice of courts granting confidentiality in commercial litigation problematizes transparency, judicial accountability, and the citizens’ right to be informed of court processes and reasoning under Article 19(1)(a). One may wonder how the said judicial transparency interplays with commercial cases.

Trademark 58

Trademark Publishing Journalism Copyright 58

IPilogue

JANUARY 14, 2022

Our hard-working students and community members published more than twice as many articles than in 2020 and the most articles in a calendar year since 2011. Trademark Law. Parody in Trademarks is No Joke. Copyright Law. 2021 was an exciting year for the IPilogue. 2000 SCC 66 at para. v Sport Maska Inc.

IP 105

IP Copyright Infringement Inventor Intellectual Property 105

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

The court starts its trademark analysis nostalgically: “Turn back the clock to the Internet’s nascent age—1999.” Netscape and 2011 Network Automation cases modified it. The litigants use the Internet, but who doesn’t, so normally the court would say this factor is irrelevant. Marketing channels.

Advertising 126

Advertising Advertising Trademark Settlement 126