Corsearch

NOVEMBER 20, 2023

Name saturation is an existential challenge for every industry that harnesses trademark law to protect its brand. You can explore what are known as non-conventional trademarks — sounds, colors, smells — to convey your brand messaging. As more and more names are registered, fewer are available for use.

Trademark 59

Trademark Brands Branding Branding 59

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 Brands Branding Branding 59

The TTABlog

NOVEMBER 6, 2023

The] evidence indicates that there was bona fide domestic use of the CS mark on amplifiers in the ordinary course of trade from 2012 through 2015. In the 2012-2015 period, Respondent’s domestic sales, measured in dollar amounts, were in the five-to-six figure range annually. Lanham Act, Section 45. emphasis by the Board).

Registration 61

Registration Branding Brands Branding 61

The IP Law Blog

FEBRUARY 3, 2022

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. This protected designation was superseded by adoption of the Protected Designation of Origin (“PDO”) for GRUYÈRE in 2001.

Designs 52

Designs Design Trademark Brands 52

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. Anubaker CS (COMM) No.890/2018

Registration 98

Registration Trademark Trademark Law Law 98

Technology & Marketing Law Blog

JANUARY 24, 2024

Gutman created a Pinterest account in 2011 and an Instagram account in 2012, shortly after she began working for JLM. Monaghan Trademark Owner Sues Over Alleged Twittersquatting–Coventry First, LLC v. CH When Does A Parody Twitter Account Constitute Criminal Identity Theft?–Sims Kravitz An Update on PhoneDog v.

Social Media 105

Social Media Ownership Designs Design 105

LexBlog IP

FEBRUARY 3, 2022

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. The European Union recognized the PDO in 2011 in an agreement between the European Union and Switzerland in 2011.

Design 40

Design Designs Brands Branding 40

IP and Legal Filings

FEBRUARY 20, 2022

Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. Under trademark law, however, phrases are frequently deemed not to disclose the commercial origin of products or services, which is a trademark’s primary role.

Trademark 75

Trademark Advertising Advertising Registration 75

LexBlog IP

SEPTEMBER 29, 2022

Canada— Since the 2012 Federal Court decision in Metro-Goldwyn-Mayer v Attorney General Of Canada ( T-1650-10), sound marks have been registrable in Canada, as noted here ; and. 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

Intepat

MAY 16, 2023

If the property of a person can be protected, likewise, when a popular celebrity like Amitabh Bachchan faces possible harm regarding his brand, the same can be protected under his right to publicity. Through various case laws, the scope of publicity rights has been expanded by the Indian judiciary. Under this Act, Sec.

Brands 98

Brands Branding Branding Personality Rights 98

IP and Legal Filings

FEBRUARY 20, 2024

The complaint claims that artificial intelligence-created deepfakes of Anil Kapoor and his name-branded websites defraud customers. However, it may be more appropriate to consider trademark law as a comparable framework for comprehending the extent of the personality right. National Law School of India Review , 31 (1), 125–148.

Personality Rights 92

Personality Rights Privacy Social Media Intellectual Property 92

43(B)log

DECEMBER 1, 2022

Although “third parties have used Flora-Bama in the titles of third parties’ artistic works with Plaintiffs’ oral or written permission,” that doesn’t make this a title-v-title case: Basic trademark law demonstrates why. This justification is at least consistent with the core idea of trademark law. Grimaldi, 875 F.2d

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

SpicyIP

NOVEMBER 8, 2023

In an October 2012 post, Kruttika Vijay highlighted the Supreme Court’s concerns over the lack of transparency in clinical trials in India. DRS , where the court held that ad-words are not inherently violative of trademark rights. We must think through these and more solutions and do so sooner rather than later.

Trademark 59

Trademark Publishing Journalism Confidentiality 59

SpicyIP

DECEMBER 30, 2023

The Court reasoned that when the Act was amended in 2012 – internet broadcasting was not alien to India and if the Legislature intended Section 31D to apply to internet broadcasting, it would’ve done so by specifically amending the provision. The rejection order is authored by Dr. Latika Dawara, Asst. Music Broadcast Ltd.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

JANUARY 2, 2022

Both suits were filed before the 2012 amendment to the Copyright Act. Further, given that the 2012 amendment does not have a retrospective effect, the Court held that the amendment has no effect on the legal position. The Division Bench reiterated that what makes something a trademark is the power to distinguish a product from others.

IP 143

IP Intellectual Property Trademark Copyright 143

SpicyIP

JANUARY 30, 2024

What if we tell you that there is a drug that is used for treating diabetes, but has a similar/ almost identical brand name as another drug used for treating a type of cancer. Eerily the issue of similar brand names for different drugs treating different ailments is pretty common in India. Surprising, isn’t it?

Brands 116

Brands Branding Branding Social Media 116

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. Punchbowl News/Hog Farm cases seem like branding uses—establishing independent identity under the mark.

Trademark 59

Trademark Fair Use Registration False Advertising 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. Jake Linford: Thinks of both Abercrombie and Seabrook as asking the same question of sending the consumer a signal of branding. Thus distinctive brand assets, like brand names, logos, jingles etc.

Brands 52

Brands Branding Branding Design 52