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

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

43(B)log

SEPTEMBER 28, 2021

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.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

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 98

Trademark Branding Brands Branding 98

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 Branding Brands 98

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 69

Trademark Advertising Advertising Registration 69

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 98

Trademark Branding Brands Branding 98

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 Branding Brands 98

IP and Legal Filings

NOVEMBER 11, 2024

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.

Trademark 85

Trademark Branding Branding Brands 85

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 70

Social Media IP Branding Branding 70

43(B)log

AUGUST 27, 2024

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.”

Advertising 52

Advertising Advertising False Advertising Designs 52

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

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

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 45

False Advertising Advertising Advertising Patent 45

The TTABlog

FEBRUARY 16, 2022

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

Advertising 89

Advertising Advertising Registration Branding 89

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 59

False Advertising Advertising Advertising Social Media 59

43(B)log

MARCH 6, 2024

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.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

43(B)log

AUGUST 9, 2021

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.

Advertising 59

Advertising Advertising Publishing Branding 59

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 75

Television Licensing Branding Branding 75

azrights

NOVEMBER 3, 2021

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.

Trademark 52

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

Branding 98

Branding Branding Brands Personality Rights 98

43(B)log

JANUARY 2, 2024

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)).

Branding 59

Branding Branding Brands Marketing 59

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 62

Advertising Advertising Technology Editing 62

The IPKat

SEPTEMBER 30, 2024

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.

Advertising 67

Advertising Advertising Registration Branding 67

TorrentFreak

JULY 16, 2022

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.

Reporting 144

Reporting Advertising Advertising Marketing 144

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 59

False Advertising Advertising Advertising Registration 59

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 105

Art Branding Branding Brands 105

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

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 105

Copyright Law Copyright Law Copyright Infringement 105

IP Tech Blog

MAY 19, 2022

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.

Branding 57

Branding Branding Brands Intellectual Property 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

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 Branding 96

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 73

Registering Trademarks Confidentiality Trademark Advertising 73

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 59

Law False Advertising Social Media Branding 59

DuetsBlog

JULY 10, 2020

With that awful history and dogged grip on the indefensible name , the arrival of NEVER and the end of Forever for the the R-Word brand name is long overdue. As loyal readers will recall, more than a decade ago, I published this observation: “ ‘Re-Branding Madness in Washington’ Overlooks Obvious “.

Branding 59

Branding Branding Brands Reporting 59

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.

Design 52

Design Designs Advertising Advertising 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 Branding 52