IIPRD

JUNE 8, 2024

Abstract In the dynamic realm of the fashion industry, the saying ‘following in someone’s footsteps’ takes on a new dimension, where the replication of designs is not a mere stride but a strategic dance. At this stage, it is pertinent to mention the difference between a knockoff [1] and a counterfeit [2].

Intellectual Property 52

Intellectual Property Designs Design Branding 52

The IP Law Blog

SEPTEMBER 22, 2022

P and P Imports (“P&P”) sells outdoor games under its GoSports brand, and in December 2016, it began selling its “Giant 4 in a Row Game” that was based on the classic tabletop version. Johnson Enterprises, LLC, in which the parties were battling a trade dress infringement claim involving these large outdoor Connect 4-like games.

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Copying Marketing Marketing Advertising 98

SpicyIP

MAY 3, 2023

Image from here Readers may remember the recent guest post that highlighted the Trademark Registry’s notices deeming 98000 and 82000 trademark applications as abandoned. The Controller General Of Patents, Designs & Trade Marks & Anr. ( Via order dt. Views expressed here are those of the author’s.

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Trademark Reporting Contracts Registration 102

The TTABlog

AUGUST 30, 2023

Opposer claimed to own a family of MONSTER-formative marks, but it failed to prove the existence of a family of MONSTER marks prior to SS Vape’s July 2016 date of first use. If that were the case, having a famous mark would entitle the owner to a right in gross, and that is against the principles of trademark law." Welch 2023.

Designs 45

Designs Design Branding Brands 45

The IP Law Blog

FEBRUARY 3, 2022

In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” This protected designation was superseded by adoption of the Protected Designation of Origin (“PDO”) for GRUYÈRE in 2001.

Designs 52

Designs Design Trademark Branding 52

SpicyIP

NOVEMBER 17, 2023

Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship [November 22- 23] Course in Brief Dates : 22nd – 23rd November, 2023 Time : Day 1: 9:30 AM to 5:00 PM IST; Day 2: 9:30 AM to 1:00 PM IST Venue : Centre for Technology and Law, DA-IICT, Gandhinagar Duration : 1.5

Intellectual Property 105

Intellectual Property Technology IP Law 105

Technology & Marketing Law Blog

MARCH 10, 2022

The analogous non-digital conduct would be to take a photograph of a crowd inside La Baguette with the caption “La Baguette, Christmas party 2016,” erase “La Baguette,” write-in “Tito & Tita,” and keep the photograph on the wall where customers can see it. Social Media and Trademark Law” Talk Notes. SF Design Group.

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Social Media Contracts Ownership Business 98

LexBlog IP

SEPTEMBER 15, 2021

The Court of Appeals affirmed the previous decision of the district court which found that Australian Leather had wilfully infringed Deckers’ “UGG” trademarks by selling less than 15 pairs of UGG branded boots in the U.S.,

Trademark 52

Trademark Registration Branding Brands 52

Corsearch

FEBRUARY 22, 2024

Trademark protection is granted to any word, phrase, symbol, or design that conveys a specific brand identity, and it prevents other companies from using similar marks that could cause confusion among consumers and dilute the original brand’s value. Learn more about distinctive trademarks. Skechers USA, Inc. The result?

Branding 59

Branding Brands Branding Trademark 59

IP and Legal Filings

OCTOBER 23, 2023

Generally, the online marketplaces provide opportunities to many small scale businesses to operate on their platform, and these businesses may face such infringement issues, if they are not registered with their trademark. Secondly, The Indian laws need to be updated to provide for online enforcement of trademarks. 344/2018]. [6]

Marketing 98

Marketing Marketing Trademark Registration 98

IIPRD

JANUARY 21, 2022

Under the trademark law, the trade dress encompasses the visual aspect of a product and it comprises several distinctive features with respect to the shape, size, packaging, colour combination, textures, graphics etc. 3] CS COMM–714/2016. [4] Scope for Protection of Trade Dress in India. 2] CS(COMM) 76/2018. [3]

Branding 40

Branding Brands Branding Trademark Law 40

LexBlog IP

FEBRUARY 3, 2022

In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” The test turns upon the primary significance that the term would have to the relevant public.

Designs 40

Designs Design Branding Brands 40

Garrigues Blog

APRIL 23, 2024

regarding the use of the ZARA trademark, as previously discussed here. This decision stems from the ruling issued by the Court of Justice of the European Union (CJEU) on January 11th, in response to a preliminary question ( Case C-361/22 ) raised by the Supreme Court in the proceedings between Inditex and Buongiorno Myalert, S.A.

Trademark 52

Trademark Advertising Advertising Trademark Law 52

IP and Legal Filings

APRIL 10, 2025

The current statute provides protection of these celebrity rights under trademark law, copyright law as well as passing off action for infringing the said rights. under the trademark laws. Also, Indian law recognises personality rights if the person has individually acquired public recognition.

Personality Rights 52

Personality Rights Privacy Intellectual Property Journalism 52

IP Tech Blog

JULY 10, 2023

foreign sales of products for which foreign buyers designated the U.S. Relying on its 2016 decision in RJR Nabisco Inc. 325 (2016) , the Court explained that the policy reason behind this presumption is to avoid the “international discord” that could result if U.S. law were to apply in foreign countries. court forum.

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Trademark Intellectual Property Law Trademark Law 40

LexBlog IP

JUNE 21, 2023

§ 1052(c) on registering marks concerning a living person without permission; this case has the possibility of altering trademark law significantly and allowing current events to be treated similarly to historic events from a trademark perspective. This mark subsequently registered in 2016 without issue. at 1165-66).

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Registration Trademark Law Trademark Law 52

LexBlog IP

JULY 10, 2023

foreign sales of products for which foreign buyers designated the U.S. ” Relying on its 2016 decision in RJR Nabisco Inc. 325 (2016) , the Court explained that the policy reason behind this presumption is to avoid the “international discord” that could result if U.S. law were to apply in foreign countries.

Intellectual Property 40

Intellectual Property Trademark Trademark Law Law 40

Copyright Lately

MAY 1, 2023

Within just over a month, a raft of barely-underground Discord servers like AI Hub have popped up to provide users with access to software—and step-by-step instructions—for creating new songs using hundreds of community-made AI models designed to mimic specific artists’ voices. ” VMG Salsoul, LLC v. Ciccone , 824 F.3d

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Music Copyright Copying Copyright Law 99

LexBlog IP

JULY 8, 2021

Related : How Long Does It Take to Get a Trademark? If You are Not Yet Selling Goods or Services, File an Intent-to-Use Trademark Application. In trademark law, an “Intent-to-Use” is a legal term for a type of trademark application. Zazu Designs v. L’ORÉAL, SA , 979 F. 2d 499, 504 (7th Cir.

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Trademark Registration Web Development Advertising 52

LexBlog IP

JULY 21, 2021

Before jumping into comparative law issues, one should note that these questions are ones of concern beyond lawyers, and have much greater practical importance than “ How many angels can dance on the head of a pin ?” provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

LexBlog IP

APRIL 12, 2023

I briefly mentioned Abitron here recently , but it deserves more attention in the context of defining the boundaries of US trademark laws and just on the notion of defining words. Let’s look at them in turn. The question presented in that case is “Whether the U.S. consumers,” as noted at scotusblog.com.

Law 52

Law IP Intellectual Property Copyright 52

Technology & Marketing Law Blog

JULY 17, 2023

In addition, the opinion has important ramifications for domestic trademark law through its identification of “use in commerce” as the actionable domestic conduct. The seeming inability to engage in contextual comity analysis is apparent in other recent trademark extraterritoriality cases.[FN2] Hallatt (9th Cir.

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Blogging Trademark Litigation Law 75

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. Plaintiffs allegedly used the 12 O’Clock Boyz trademarks since 2001 and registered the marks in 2016. The court, in a careful opinion, rejected all the claims.

Fair Use 52

Fair Use Trademark Copyright Editing 52

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

OCTOBER 23, 2024

The rival bought competitive keyword ads (the court uses the term “conquesting,” which I objected to here ) but didn’t include the third-party trademark in the ad copy. Here’s an example: Competitive keyword advertising by law firms has been a source of trouble for years. Appellate Empiricism.

Trademark 105

Trademark Advertising Advertising False Advertising 105

Patently-O

JUNE 8, 2023

The holding is that the First Amendment does not require any special scrutiny in cases where the accused activity is “the use of trademarks as trademarks.” ” Rather in this use-as-a-mark situation, standard principles of trademark law apply. 1125(c)(3)(A). It will be subject to liability regardless.

Trademark Law 69

Trademark Law Trademark Law Fair Use 69

Technology & Marketing Law Blog

NOVEMBER 27, 2023

Elster is a trademark dispute at the Supreme Court focused on the issue of whether Steve Elster has a free speech right to register a political message (“Trump Too Small”) as a trademark for shirts. VIP Products (2023) opinion and its other trademark cases. Section 2(c) is a viewpoint-neutral trademark law.

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Registration Trademark Blogging Law 106