IP and Legal Filings

DECEMBER 13, 2024

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]

Trademark 98

Trademark Branding Branding Brands 98

IP and Legal Filings

JANUARY 11, 2024

Trademarks are traditionally considered to be connected with visual elements that include logos, brand names, as well as packaging however, the field of trademarks has widened and it includes non-traditional marks, such as smells, sounds, colors etc. Iconic scents like Chanel No. Iconic scents like Chanel No.

Trademark 105

Trademark Intellectual Property Branding Branding 105

TorrentFreak

APRIL 26, 2024

Similar notices dated 2016 , 2017 , and 2018 , fail to raise any obvious red flags and since the first and last were processed by GitHub, people can be confident they received considerable scrutiny. In other parts of the notice, takedowns were requested under trademark law. So Real or Fake?

Artwork 144

Artwork Branding Brands Branding 144

Technology & Marketing Law Blog

DECEMBER 11, 2023

MSCHF has frequently targeted major brands. At this point the Second Circuit baldly states “MSCHF used Vans’ trademarks—particularly its red and white logo—to brand its own products.” Unlike the defendant in Jack Daniel’s , MSCHF, at least amongst its relevant consumers, has a valuable brand.

Blogging 130

Blogging Trademark Branding Brands 130

Erik K Pelton

DECEMBER 28, 2020

Established, but offensive, brands change names. Never before have some many brands backed away from names or name origins that were offensive. Uncle Ben’s, Eskimo Pie, Aunt Jemima, Washington Redskins, and Cleveland Indians are some of the brands began name changes or removed items from their logo in 2020. 2017: [link].

Trademark 130

Trademark All Rights Reserved Registration Branding 130

IPilogue

OCTOBER 28, 2021

Outside of masks and jewellery, a 2017 U.S. Supreme Court case, Star Athletica, LLC v Varsity Brands, Inc. Scary Issues with Licensing and Trademarks. Trademarks protect brands’ corporate image via a sign or combination of signs used to distinguish their goods or services from those of others.

Intellectual Property 115

Intellectual Property Designs Design Copyright 115

SpicyIP

JULY 28, 2023

Indian Trademark Law and Twitter’s Rebranding Decision But a much more thought-provoking discussion and research for IP enthusiasts like us is the scope of protection that can be given to Twitter for this ‘X’ logo in the Indian trademark regime. This is because the letter ‘X’ is too generic to be protected under Indian law.

Trademark 96

Trademark Marketing Marketing Branding 96

SpicyIP

NOVEMBER 18, 2024

Thou Shalt not Register Your Trade Union with a Name in the Likeness of My Trademark Reportedly, Samsung India is opposing the use of ‘Samsung’ in an application to register the trade union of it’s workers. MP High Court restrains reuse of embossed beer bottles by other brands.

Trademark 105

Trademark Cease and Desist Music Copyright 105

Erik K Pelton

DECEMBER 20, 2022

Celebrity trademark messes. Besides Mariah, there were many other celebrity trademark stories this year, as more an more celebrities launch more and more brands. Pelton & Associates ®, a boutique trademark law firm in Falls Church, Virginia. Past issues of Top Trademark Trends: 2021: [link].

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

Garrigues Blog

JULY 6, 2021

They allow companies to promote their brand image and connect with the community around them. When we start any business, one of the first things to choose is the name that will identify you in the market and, if the homework is done, it will be registered as a trademark (see a related post here ).

Branding 52

Branding Branding Brands Registration 52

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. Image Source: gettyimages].

Trademark 75

Trademark Advertising Advertising Registration 75

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. Trademark Application No.:

Registration 98

Registration Trademark Trademark Law Law 98

azrights

OCTOBER 27, 2023

Last week’s newsletter How to avoid the biggest brand management mistakes , highlighted that the role of our business name and signs like logos, taglines, characters, or sounds is to enable buyers to recognise that it’s us. Use it or lose it is a universal concept of trademark law across nations.

Trademark 52

Trademark Branding Branding Brands 52

Erik K Pelton

MARCH 11, 2022

As a trademark law firm, we represent a wide array of clients but predominantly focus on helping small business owners protect their intellectual property. In recent years, trademark scams have proliferated and become increasingly problematic, particularly for small business owners. About Erik M. Pelton & Associates, PLLC.

Government 147

Government Business Trademark Blogging 147

IP and Legal Filings

OCTOBER 23, 2023

The issue of counterfeiting not only compromises a brand’s reputation or brand value, but also puts consumer safety at risk by allowing the sale and uninformed purchase of sub-standard goods. In the year 2017 the market value of the E-commerce was $38.5 Nakul Bajaj & Ors. [4]

Marketing 98

Marketing Marketing Trademark Registration 98

SpicyIP

DECEMBER 2, 2024

Bournvita’s Sugar Rush Against ‘FoodPharmer’: An Unreasoned Injunction and a Clarification Without Clarity Recently, the DHC passed an interim injunction against the social media influencer ‘Food Pharmer,’ restraining him from disparaging Mondelez’s ‘Bournvita’ and ‘Tang’ branded products.

Invention 52

Invention Trademark Reporting Editing 52

The TTABlog

JANUARY 26, 2023

Tam (2017), holding a portion of the nation’s statutory trademark law unconstitutional, Justice Alito wrote: “It is unlikely that more than a tiny fraction of the public has any idea what federal registration of a trademark means.” It certainly is not the way you “get” a trademark.

Trademark 49

Trademark Registration Trademark Law Business 49

IP and Legal Filings

DECEMBER 23, 2023

Spartan Online [5] , the Calcutta High Court had focused on the need for the domain names to be distinguishable from others for the purpose of establishing separate brand identity. After examining the facts, the court held that the owner of trademark had the exclusive right to register the trademark as a domain name under the trademark law.

Trademark 52

Trademark Registration Trademark Law Business 52

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.

Design 52

Design Designs Trademark Brands 52

Biswajit Sarkar Copyright Blog

JANUARY 10, 2023

What is a registration of trademark? Trademark registration is not a mandate under the Indian trademark law, however it is advisable to go for a registration for certain reasons. The following steps are to be undertaken in order to get a mark registered as trademark under Indian trademark law: a.

Registration 52

Registration Trademark Reporting Trademark Law 52

The IP Law Blog

MAY 20, 2021

Dropbox launched its Smart Sync feature in 2017 and was previously aware of Ironhawk’s SmartSync mark. Ironhawk sued Dropbox for violations of the Lanham Act, i.e., trademark infringement, and unfair competition claiming that Dropbox’s use of the name “Smart Sync” intentionally infringed upon Ironhawk’s “SmartSync” trademark.

Trademark 98

Trademark Marketing Marketing Business 98

IIPRD

JANUARY 21, 2022

This distinct packaging assists the consumers in associating a product with a particular brand which helps in developing the goodwill and reputation of the brand. Also, the scope of trade dress protection is comparatively a lot broader than the protection offered by the trademark law.

Branding 40

Branding Branding Brands Trademark Law 40

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.

Copying 98

Copying Marketing Marketing Advertising 98

Technology & Marketing Law Blog

MARCH 10, 2022

493 (2017); Courtney J. Trademark Owner Sues Over Alleged Twittersquatting–Coventry First, LLC v. Steps Brand Owners Can Take to Deal With Brandjacking on Social Networks. Washington State’s Proposed Employer Social Media Law: The Legislature Should Take a Cautious Approach — SB 5211. See generally, Christopher A.

Social Media 98

Social Media Contracts Ownership Business 98

LexBlog IP

SEPTEMBER 29, 2022

–Kat Eschner, The Story of Hollywood’s Most Famous Lion (2017). Here in a nutshell is the query the Court addressed: 16 Under Article 7(1)(b) of Regulation 2017/1001, trade marks which are devoid of any distinctive character shall not be registered. This was made possible through amendments to the Trademark Act B.E.

Trademark 52

Trademark Registration Music Intellectual Property 52

IP and Legal Filings

JUNE 27, 2022

For instance, if a signature pose or look is to be trademarked, then the description should be so precise that there is no chance for any sort of confusion or similarity with the look/pose created by another. In 2017, Gene Simmons, the lead singer of the band ‘Kiss’ tried to trademark the hand gesture known as ‘Devil’s horns.’

Trademark 52

Trademark Intellectual Property Trademark Law Registration 52

IIPRD

JUNE 9, 2024

Trademarks A Trademark can be a mark, symbol, design, color, combination of colors, shapes, etc. As in the real world the logos, domain, and brand names of products and services are protected under Trademark, virtual goods, and services can be trademarked in the United States Patent and Trademark Office (USPTO).

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Trademark Design 59

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.

Design 40

Design Designs Brands Branding 40

LexBlog IP

JUNE 21, 2023

Of course, each use stems from the shorter phrase “make your mark,” embodying the mere notion of the archer hitting the target , or maybe even the less educated simply indicating agreement with an initial, an X, or a cross , or at times a craftsman adding “ a maker’s mark—essentially personal branding.”

Registration 52

Registration Trademark Law Trademark Law 52

SpicyIP

FEBRUARY 13, 2023

Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision. Delhi High Court Imposes Costs worth INR 2 Cr. for Disobeying Interim Injunction Praharsh highlighted the order from Delhi High Court whereby the court imposed costs worth INR 2 Cr.

Designs 52

Designs Design Trademark Cease and Desist 52

SpicyIP

MARCH 25, 2024

Sunanda Bharti on the Michelin Stars and its interaction was trademark laws. Bharti is a Professor of Law at Delhi University, and her previous posts can be accessed here. Image from here Mischief, Manifestation, and the Michelin Trademark!

Trademark 45

Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

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. DAP & Co.

Branding 98

Branding Branding Brands Personality Rights 98

IPilogue

MARCH 2, 2022

The Birkin’s distinctive shape has acquired a secondary meaning, such that its trade dress has a trademark registration with the US Patent & Trademark Office. The Birkin’s hefty price tag — a Diamond Himalaya Birkin sold for over $400,000 in 2017 — has made it a prime target for knockoffs. Future of Fashion in the Metaverse.

Cease and Desist 105

Cease and Desist Non-Fungible Tokens Fair Use Intellectual Property 105

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. 1744, 1757 (2017)…. This justification is at least consistent with the core idea of trademark law.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

SpicyIP

DECEMBER 30, 2023

Eventually, Johnson and Johnson announced that it would no longer enforce their patents for Bedaquiline (brand name: Sirturo) which is used in the treatment of multidrug-resistant tuberculosis (MDR-TB) in 134 low- and middle-income countries. The rejection order is authored by Dr. Latika Dawara, Asst. Bolt Technology v. First, in Toyota v.

IP 124

IP Copyright Trademark Intellectual Property 124

IP and Legal Filings

NOVEMBER 23, 2024

It serves as an essential element in making up the brand identity, customer loyalty, and market differentiation. A strong trademark opens the door for instant recognition and emotional connection with the consumers such as the infamous Nike’s “swoosh” [2].

Branding 105

Branding Brands Branding Technology 105