IP and Legal Filings

APRIL 12, 2023

However, the Delhi High Court recently declared that the stylized “H” mark of French luxury brand Hermes International qualifies as a “well-known trademark” under the terms of section 2(1)(zg) of the Trademark Act, 1999 (hereinafter, the act). However, the court did not rule on the petition to deem the “H” mark to be a “well-known mark.”

Trademark 92

Trademark Branding Brands Branding 92

43(B)log

MAY 2, 2022

28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. Until 2017, it also used the hashtag #WGACACHANEL in its social media posts.

False Advertising 57

False Advertising Advertising Advertising Social Media 57

azrights

MAY 10, 2022

Not understanding the role of Brand Names in Business led to China Tang having to rebrand even though they had been using the name for 12 years. Read, listen to podcasts and audio books, take courses such as Brand Tuned to discover better ways to design your business, get clients, and serve your existing ones. Business is hard.

Business 98

Business Branding Brands Branding 98

The IPKat

MAY 26, 2024

According to the EUIPO case-law ( R-1489/2017 , R-788/2013 ), smileys or emojis are typically used in both advertising and private communication to express positive emotions. The history of The Smiley is an example of the work by brand licensors to protect their heritage.

Advertising 60

Advertising Advertising Technology Editing 60

43(B)log

AUGUST 20, 2021

Shingle Savers counterclaimed, alleging, among other things, false advertising under the Lanham Act and violation of the Ohio Deceptive Trade Practices Act. Lanham Act/ODTPA claims: First, the court declined to hold that Rule 9(b) applied to Lanham Act false advertising claims, which don’t require fraud.

False Advertising 44

False Advertising Advertising Advertising Patent 44

TorrentFreak

APRIL 6, 2023

The goal was to identify financial accounts, assets, advertising agencies, and the site’s hosting servers. They spent the next few months in prison before being released in March 2017 with conditions, electronic tagging included. In the wake of the raid, it was claimed that Zone-Telechargement generated at least 1.5

Intellectual Property 112

Intellectual Property Inventor Reporting Music 112

LexBlog IP

AUGUST 16, 2022

Well, according to consumer watchdog Truth In Advertising (TINA), by failing to disclose (i) their material connection to the NFT brands as well as (ii) the risks associated with investing in volatile speculative digital assets, these celebrities may be engaging in deceptive advertising practices. So what’s the harm?

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Branding Brands 52

LexBlog IP

AUGUST 23, 2023

Courts have long recognized that “trade dress,” i.e., the visual appearance of a company’s goods or services and their associated packaging, can serve the same source-identifying function as more traditional trademarks, such as brand names and logos. Thus, brand owners can, and do, register their trade dress at the PTO.

Designs 52

Designs Design Advertising Advertising 52

43(B)log

JULY 3, 2023

Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products. For the first two, Industria failed to show literal falsity.

False Advertising 57

False Advertising Advertising Advertising Registration 57

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. 2017), a restaurant was using a tagline called ‘by Gautam Gambhir’ without any authorization. For instance, in Titan Industries Ltd.

Branding 98

Branding Brands Branding Personality Rights 98

IP and Legal Filings

JANUARY 5, 2023

To profit on the reputation of another brand, competitors began copying marks or acquiring deceptively similar trade marks with a desire to obtain the goodwill of well-known marks. The ‘Cycle’ brand is registered under various classes which include food products and incense sticks, dhoop, hair oil, etc. REFERENCES.

Trademark 87

Trademark Branding Brands Branding 87

SpicyIP

OCTOBER 27, 2023

Interface interference is a tactic that hinders consumers from performing actions like cancelling subscriptions or deleting accounts, such as redirecting them to another page while trying to cancel a pop-up advertisement. This violates copyright laws and may lead to legal actions for copyright infringement.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

Intepat

APRIL 10, 2022

Overall, the MSME scheme fosters the growth and development of these enterprises and assists them in flourishing among existing top brands. Trademarks will build trust and increase the brand’s reputation in customers’ minds. This will enable MSMEs to stand out among large-scale corporate brands. Registration fee.

Registration 52

Registration Trademark Branding Brands 52

Intepat

DECEMBER 1, 2023

For both individuals and businesses, trademarks stand as valuable assets, offering protection for unique brands, logos, and slogans. Typically, this occurs after the trademark agency has examined and published the application for advertisement.

Trademark 59

Trademark Registration Registering Trademarks Copying 59

Kluwer Copyright Blog

MAY 23, 2022

A slogan is not original – the Court clarified – where it includes a strongly evocative brand as the latter is capable of making the claim less creative and innovative. This was not the first time the Italian Supreme Court has taken a position on copyright protection for advertising claims. Do-it-yourself is for you ”).

Copyright 106

Copyright Advertising Advertising Trademark 106

The TTABlog

JUNE 5, 2023

Opposer has continuously advertised and sold beverages under the mark PEPSI-COLA since 1898. It has frequently partnered with celebrities to market its PEPSI-COLA brand beverages, and has advertised during the Super Bowl, Academy Awards, Golden Globes, and Grammy Awards. Pet C Cola Corporation , Opposition No.

Branding 52

Branding Brands Branding Advertising 52

IP and Legal Filings

FEBRUARY 20, 2022

Slogans are brief, memorable words that are commonly used in advertising to promote a specific company. Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. Using a mark as an advertising slogan, on the other hand, does not prevent it from being registered as a trademark.

Trademark 54

Trademark Advertising Advertising Registration 54

Erik K Pelton

DECEMBER 20, 2022

Besides Mariah, there were many other celebrity trademark stories this year, as more an more celebrities launch more and more brands. On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. 2017: [link]. The firm has registered more than 4,000 U.S.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

Likelihood of Confusion

JANUARY 25, 2022

Probably isn’t good enough pic.twitter.com/9rQwe0JVMm — Ron Coleman (@RonColeman) May 17, 2017 Originally posted 2017-05-18 06:36:08. Republished by Blog Post Promoter. The post Participation vacancy appeared first on LIKELIHOOD OF CONFUSION™.

Blogging 98

Blogging Branding Brands Branding 98

The IPKat

JANUARY 5, 2023

over a TV and radio advertisement which the latter had commissioned on behalf of bottled water brand Brio Blu. Said advertisement featured actor Max Tortora dressed up as popular character Zorro. Hence, a new assessment will need to be conducted to determine if the advertisement at issue would satisfy the conditions above.

Copyright 138

Copyright Law Advertising Advertising 138

TorrentFreak

APRIL 29, 2022

A month later, DISH and NagraStar followed up with a new lawsuit claiming that former SetTV operators Jason LaBossiere, Sean Beaman, and Stefan Gollner had launched three new pirate IPTV services/brands. Since 2017, Dish has been struggling to keep its stock price up from its 2015 and 2017 peaks,” LaBossiere’s answer begins.

Television 61

Television Licensing Branding Brands 61

43(B)log

MARCH 18, 2022

4, 2022) Mosafer, a travel business that “aligns its branding with the State of Qatar,” sued several defendants for making public statements allegedly disparaging the State of Qatar and harming the Mosafer parties’ brand, which is closely aligned with the country. The majority view [among federal courts; I bet the Cal.

Law 57

Law False Advertising Social Media Branding 57

The IPKat

NOVEMBER 20, 2023

He won four other titles in a row from 2017-2020. Total visits of the website www.lewishamilton.com from the five EU Member States mentioned before ranged from 1,200 to 8,200 between May 2015 and November 2017, amounting to less than 0.2 % of the total population of these countries. 128 et seqq.).

Art 102

Art Branding Brands Branding 102

Likelihood of Confusion

FEBRUARY 18, 2022

But as a matter of culture, would SNL dare do this 2017 bit in 2022? As my friend Vivek Ramaswamy explains, it really makes perfect economic sense. The post Get woke or go broke appeared first on LIKELIHOOD OF CONFUSION™.

Branding 98

Branding Brands Branding Advertising 98

IP Tech Blog

AUGUST 22, 2022

Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and commodities. Early in 2017, Singapore introduced “non-physical product” in the amended “ Registered Designs Act 2000 ” (RDA).

Design Patent 57

Design Patent Designs Design Patent 57

JIPL Online

APRIL 9, 2021

Brands have recently begun to co-opt this form of communication in an attempt to capitalize on the prevalence and effectiveness of memes. [ii] xi] See Diana Bradley, 5 Brands Insert Themselves into the Viral ‘Distracted Boyfriend’ Stock Picture , PRWEEK (Aug. xii] See, e.g., Skager, supra note i. xv] See 35 U.S.C. § 102(a) and (b).

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

LexBlog IP

MAY 20, 2022

In a piece of practical good news, the proposal says that an advertiser does not need to clean out old endorsements from its social media pages as long as the older endorsements are dated and not subsequently reposted. We assume this is limited to when an endorser has truly moved on and no longer believes in the endorsed product.

Social Media 52

Social Media Advertising Advertising Branding 52

43(B)log

FEBRUARY 15, 2022

As a plaintiff, you probably don’t want the background narrative to start with “Plaintiff started selling BoostLash, which has the same purpose and functionality as Idol Lash, in 2017, while plaintiff’s principals were still employed at Idol Lash.” Was BoostLash descriptive despite the registration? Multi Time Machine v.

Registering Trademarks 70

Registering Trademarks Confidentiality Trademark Advertising 70

The IPKat

JANUARY 6, 2022

This, I remarked, granted an effective monopoly in the word EAGLE (being the only shared element of the two brand names) notwithstanding the judge’s recognition that Sazerac was not entitled to such a monopoly. This included evidence that advertising campaigns for the defendant’s product led to increased sales of the claimant’s product.

Registration 96

Registration Cease and Desist Branding Brands 96

IP and Legal Filings

JUNE 12, 2023

It has become a common to modify brand names, movie titles etc. sought an interim injunction against Hindustan Coco-Cola for infringement of their copyright on ‘Yeh Dil Maange More’ which was used by Hindustan Coco-Cola as ‘Kyo Dil Maange No More’ in their advertisement. to create memes, satirical one-liners etc., s commercial.

Copyright Law 87

Copyright Law Copyright Law Copyright Infringement 87

SpicyIP

JULY 8, 2024

The respondent maintained that the invention constituted a computer program per se under Section 3(k), did not involve inventive hardware, and lacked a technical effect or contribution per the CRI Guidelines 2017. Metro Brand Ltd. ”Udi Jab Jab Zulfein Teri” song in an advertisement. MKCE Master Franchise India Pvt.

Invention 59

Invention Art Trademark Patent Application 59

SpicyIP

FEBRUARY 13, 2023

However, regarding the affidavit of user, the court noted that the application was filed before the 2017 Trademark Rules that prescribe for an affidavit of user, and thus the same cannot be subjected to the provision that was introduced during its pendency. Delhi High Court directs Registry to advertise KFC’s ‘Chicken Zinger’ trademark.

Designs 52

Designs Design Trademark Cease and Desist 52

The IPKat

JUNE 23, 2022

Given that finding and clearing a new brand purely from a legal perspective can take months, it is interesting to note that when a Defendant loses an infringement case it will almost certainly be ordered to rebrand within days, weeks at the most. The parties were back in court in January for a form of order hearing. IPKat here.

Branding 70

Branding Brands Branding Litigation 70

Selvam & Selvam Blog

OCTOBER 31, 2021

The proprietors of the trademark “Velcro” released a video named “ Don’t Say Velcro ” on YouTube in the year 2017, wherein they had expressed their concern with the usage of their registered trademark as a noun or a verb and educated the consumers about its right usage. Major multinationals such as Google Inc., In 2012 while deciding B.V

Trademark 52

Trademark Cease and Desist Registering Trademarks Branding 52

The IPKat

JULY 12, 2024

slime green (now ‘brat green’) in various means of advertising throughout the promotional campaign. The colour was also used in the official album cover, creating a clear connection with the artist’s advertised work and the inauguration of the era it signalled.

Social Media 67

Social Media IP Branding Brands 67

IP and Legal Filings

APRIL 19, 2023

Union of India, AIR 2017 SC 4161 , privacy was acknowledged as a basic right under Article 21 of the Constitution. Several Indian celebrities like Baba Ramdev and famous actress Kajol have followed the branding route to avoid misuse of their names. Puttaswamy v. In Titan industries v. M/S Ramkumar jewellers, CS (OS) No.2662/2011,

Personality Rights 81

Personality Rights Privacy Moral Rights Copyright 81

43(B)log

FEBRUARY 17, 2022

Elysium’s expert, Sowers, tested the allegation that ChromaDex advertising deceived customers into believing that the FDA reviewed ChromaDex’s product, Tru Niagen, for efficacy. Respondents were never shown an advertising statement conveying the control message.” As a general matter, “[e]rrors in methodology.

False Advertising 57

False Advertising Advertising Advertising Social Media 57