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This is why the advertising industry is seen as an ally in the fight against piracy. In the UK , hundreds of advertising agencies began banning pirate sites, and the European Union chimed in as well. Interestingly, the MPA also reported the advertising company PopAds as a notorious piracy market.
Non-conventional or Non-Traditional trademarks such as sounds, color, shape, scent or any other motion marks have emerged as a new innovative tools widely being used in the todays changing and competitive market era that redefine how brands connect with the public at large.
In particular, this may be the case where an online marketplace displays its own logo on the advertisements of third-party sellers and it carries out the storage and shipping of the third party goods in question. For example, how is the operator displaying its advertisements (e.g., storing and shipping their products)?
Owners of luxury trade marks have a strong interest in building and preserving the luxury and prestigious aura around their brands. It sells the perfumes under these brands through a selective distribution system. At the end of 2017, they acquired original JOOP! Coty claimed that the presentation and advertising of the JOOP!
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
30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. 1, 2017 to Apr. 11, 2023 (claiming that various products were “patented”).
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 ”).
Overall, the MSME scheme fosters the growth and development of these enterprises and assists them to flourish among existing top brands. Trademarks will build trust and increase the reputation of the brand in the minds of customers. This will enable MSMEs to stand out among large-scale corporate brands. Registration fee.
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.
As such a proprietary right is granted by way of registration of a trademark, whereby the owner of the mark or other parties granted a license to use the brand has the exclusive right to use it for the purpose of making money. Poma-Ex Products, 2017 SCC OnLine Bom 7470. [2] FACTS OF THE CASE The court case of Pidilite Industries Ltd.
Vampire Family Brands, LLC v. MPL Brands, Inc., Unsurprisingly, the trademark claims survive a motion to dismiss, but associated false advertising claims don’t. In 2017, VFB began selling a pre-mixed canned Bloody Mary cocktail as “Vampire Gourmet Bloody Mary Cocktail,” allegedly made with actual tomatoes and vodka.
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.”
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™.
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.
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.
Introduction The brand ‘Haldiram’ has been synonymous with various savouries in India for many years, especially their legendary bhujia. A recent ruling by the Hon’ble Delhi High Court elevated the brand Haldiram as a well-known trademark. 3500 crores were the advertisement expenses and Rs. 5000 were surpassed for sales.
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.
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.
Alpino Health Foods Recently, the DHC passed an order prima facie finding that Marico’s “Saffola oats” TM was “generically disparaged” by Alpino’s advertisements. MP High Court restrains reuse of embossed beer bottles by other brands.
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.
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™.
Plaid responded that PNC knew about this as early as 2017 and worked with Plaid to make it easier for PNC customers to connect to fintech apps. PNC sued for counterfeiting, infringement, and false advertising/unfair competition under federal and Pennsylvania law. Plaid’s messaging also encouraged PNC customers to change banks.”
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.
It sells ROMA brand frozen pizza in supermarkets in 29 states. million on advertising from 2017-2020, garnering $81 million in revenues from 2015-2020. However, opposer did not provide information regarding its market share or regarding advertising expenditures by its competitors. It spent $2.3
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.
Subodh Chachra Proprietor Of M/S Expose vs V2 Promoters Pvt Ltd on 3 March, 2025 (Delhi District Court) the plaintiff, owner of the trademark “X’POSE” for apparel, sued the defendant for infringing and passing off its brand name in the hospitality sector through “XPOSE LOUNGE.” Citing Jaisuryas Retail Ventures v.
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.
That seems wrong given the definition, but the court rejected this argument on the narrower ground that there were underlying allegations that Boyer’s also used marketing and advertising to tell consumers the packages contain coffee from Kona. Its evidence was from websites, and it didn’t request judicial notice. Nationwide Mut.
The difficulty with colour as a brand identifier is that there is no interim legal protection available to rely on as you build up recognition. It takes a very substantial marketing and advertising budget, over many years and even then there is no guarantee of successfully trademarking a colour. Competitors Copying Your Colour.
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.
1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the false advertising claims with prejudice.
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.
The "Easy" group is famously protective of its trade marks, and does not shy away from suing other companies using "easy"-formative brands. Applying Merck KGaA v Merck Sharp and Dohme Corp [2017] EWCA Civ 1834 , the Court noted that what was important was the purpose for which the services were provided. The Court disagreed.
A little while back we became aware of a discussion about Nagra’s work based on documents made publicly available on a regional website of an advertising regulation authority with offices across South America. In 2017 we reported on Nagra’s operations tackling IPTV piracy and five years later, the company continues to press ahead.
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.).
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.
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?
17-CV-647, 2017 WL 3168525 (N.D. July 26, 2017), vacated and remanded, 742 F. It was also relevant, though not dispositive, that other supplements sold under the same brand were, in fact, one per day. Bayer AG, No. App’x 325 (9th Cir. 2018); and Howard v. Bayer Corp., 10-CV-1662, 2011 WL 13224118 (E.D. July 22, 2011)).
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.
This case follows successful oppositions by Match.com to Muzmatch’s registration of its marks in 2018, and unsuccessful attempts by Match.com to purchase Muzmatch between 2017 and 2019. This was due to the reputation of Match.com’s trade marks and because a consumer would believe that Muzmatch was a sub-brand of Match.com.
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).
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.
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.
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.
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