Technology & Marketing Law Blog

MARCH 6, 2022

” With respect to whether Babybus’ baby character infringed Moonbug’s baby, Babybus claimed that the alleged copying related to generic features found in nature. . Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

Fair Use 98

Fair Use Cease and Desist Copying Copyright Infringement 98

Intepat

MAY 24, 2023

More than 120 years ago, nine countries established a particular unit for the international registration of marks, known as the Madrid System. More and more countries have signed up to this unique international trademark registration system. The process of trademark registration internationally under the Madrid System can be read here.

Registration 52

Registration Trademark Intellectual Property Reporting 52

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. The order was temporarily stayed pending full authentication of the Colombian registrations. But it does not seem to require harm.

False Advertising 59

False Advertising Advertising Advertising Registration 59

Technology & Marketing Law Blog

DECEMBER 27, 2023

Moreover, contrary to The Satanic Temple’s novel argument, domain registration is not the same as registration for a social media website.” In 2017, Defendants’ executive assistant sent emails to Steven Sikes from SoFi seeking to schedule a meeting between Mr. Sikes and Mr. Plashkes. Bar associations, do better.

IP 74

IP Advertising Advertising Copyright 74

azrights

NOVEMBER 3, 2021

Enforcement of your rights prevents market confusion. Where you do not have any legal rights in an asset, as you won’t have with colour in the early days of your use of a colour, you are largely powerless to tackle competitor copying. Competitors Copying Your Colour.

Trademark 52

Trademark Branding Brands Branding 52

The TTABlog

FEBRUARY 16, 2023

Applicant was entitled to rely on the application filing dates as its constructive first use dates: December 12, 2017 and April 10, 2018. since opening its restaurant on November 16, 2015 in the historic Grand Central Market in Los Angeles. Thus, opposer established priority of use. For the services, the trade channels overlap.

Designs 52

Designs Design Registration Copying 52

IPilogue

OCTOBER 28, 2021

In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. Outside of masks and jewellery, a 2017 U.S. In general, any clothing, including costumes, is not protected by copyright laws. There are notable exceptions.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

IIPRD

JUNE 29, 2022

Design Rights: By registering their product designs, they can prevent third parties from copying the original and new, aesthetic, or ornamental components of their creations. Sword strategy: The brand uses its intellectual properties as “weapons,” attacking anyone who tries to copy or infringe on their protected assets in any way.

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

Selvam & Selvam Blog

SEPTEMBER 7, 2023

failed to renew their trademark ‘WHIRLPOOL’ in India, causing the registration to expire. had been using its trademark since 1937, and secured registration of their trademark in India on 1956, however, their failure to renew it in 1977 proved to be a mistake as it enabled N.R. The registration of the trademark in India.

Trademark 52

Trademark Registration Intellectual Property Business 52

IIPRD

MARCH 17, 2023

Subsequently, the healthcare sector has gained precedence and command over the market. The global nutraceutical market (including functional food, functional beverages, and dietary supplements) is anticipated to grow by 7.5% (CAGR) between 2022 and 2027, in which the United State market share is considered to be the biggest.

IP 52

IP Intellectual Property Marketing Marketing 52

The IPKat

MARCH 10, 2022

The IPKat's favourite Le Pliage When you have a handbag design bestseller with over 54 million copies sold around the world since its creation in 1993, the question concerning the IP rights vesting in it is not just an academic one. Longchamp owns EUTM registrations for the shape of Le Pliage (Nos 013928528 and 014461958 ).

IP 86

IP Designs Design Registration 86

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.” They allegedly copied Woo’s “business things” for Boost. Summary judgment for Woo.

Registering Trademarks 72

Registering Trademarks Confidentiality Trademark Advertising 72

Technology & Marketing Law Blog

APRIL 29, 2023

” As for the remaining copyright-based takedown notice, the court says it doesn’t matter that BAYC didn’t have a copyright registration for the work at issue because unregistered works are still protectable. Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Alper Automotive v.

Fair Use 99

Fair Use Cease and Desist Copyright Trademark 99

Garrigues Blog

JUNE 28, 2021

These new reforms will facilitate both the protection of foreign designs in China and the registration of Chinese design applications in other countries. China’s new reform is part of its five-year strategic plan to improve protection and compliance with intellectual property, launched in 2017. Key reforms.

Designs 52

Designs Design Intellectual Property Registration 52

The TTABlog

APRIL 28, 2022

The Board dismissed Kate Spade LLC's opposition to registration of the mark WOLV & Design (shown below left) for watches, finding the mark to be too dissimilar to the KATE SPADE word mark and the "spade logo" mark (below right) to support opposer's Section 2(d) likelihood-of-confusion and its Section 43(c) dilution-by-blurring claims.

Designs 67

Designs Design Social Media Registration 67

The TTABlog

JANUARY 24, 2022

A design may be so common in the industry that it cannot identify a particular source, in which case registration should be refused "on the ground that the proposed mark fails to function as a mark." Applicant has sold its "Ark" bag since January 2013, with sales increasing sharply in 2017. ordinary consumers who purchase handbags.

Designs 52

Designs Design Registration Music 52

IIPRD

NOVEMBER 14, 2023

of the population of India having ingress to the world wide web and ever growing e-commerce market which is forecasted to reach about twenty billion euros by 2030, it becomes pertinent to analyse the interconnect between these two. [1] AHUJA, LAW RELATING TO IPR (LexisNexis Publication 2017).

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

Technology & Marketing Law Blog

MARCH 15, 2022

Fuxi, the putative copyright owner, has a registration for an image of printed sage leaves (the left image): The alleged infringer, the Sunny Factory, sells the candles on the right on Amazon. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Chen appeared first on Technology & Marketing Law Blog.

Copyright 128

Copyright Fair Use Cease and Desist Litigation 128

The IPKat

FEBRUARY 23, 2023

Ltd [2022] EWHC 1895 (Ch) (July 2022) In our last volume , we reported on Samsung being held directly liable as a platform for copied watch faces for Samsung smartwatches. In 2013, Cadbury’s registration for Pantone 2685C was held invalid because its description rendered it void for lack of certainty.

Registration 73

Registration Advertising Advertising Law 73

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. 1] This empowers an enterprise to market its product effectively and allows consumers to differentiate between products of identical natures or classes.

Trademark 86

Trademark Branding Brands Branding 86

Technology & Marketing Law Blog

AUGUST 18, 2022

The Copyright Office registered this work: The registration makes sense with the landscape backgrounds. Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Benjamin. * How Have Section 512(f) Cases Fared Since 2017?

Fair Use 106

Fair Use Cease and Desist Copyright Blogging 106

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same.

Technology 52

Technology Patent IP Invention 52

Intepat

MAY 16, 2023

The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks. 14 provides that if anyone files an application for the registration of a trademark, the consent of the living person must be taken and it should not be falsely or fraudulently obtained. DAP & Co.

Branding 98

Branding Brands Branding Personality Rights 98

The IPKat

JUNE 23, 2022

In most trade mark cases waiting a little longer to see the Defendant off the market would not, in my view, cause the Claimant a huge additional loss. Those who think that securing a registration without encountering an opposition means you’re safe should think again! The judge was very much in the former camp.

Branding 70

Branding Brands Branding Litigation 70

43(B)log

FEBRUARY 21, 2024

16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. WCT’s principal testified that he continued developing a new version of the Bike+ app from 2017 until 2020, writing “over 2.4 World Champ Tech LLC v. Peloton Interactive, Inc., 2024 WL 665181, No. 21-cv-03202-LB (N.D.

Marketing 59

Marketing Marketing Trademark Branding 59

43(B)log

DECEMBER 1, 2022

MGFB has a federal registration for FLORA-BAMA for “bar and restaurant services” and several entertainment services, including “social entertainment events,” live musical performances, and “competitions for fish throwing.” Deliberate copying was irrelevant. Viacom made the Jersey Shore spin-off MTV Floribama Shore. New Life Art, Inc.,

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

SpicyIP

OCTOBER 27, 2023

False urgency is a marketing tactic that creates a false sense of scarcity to pressure consumers into making a purchase, often resulting in dark patterns, limited stock, and unexpected delivery. The DoCA had illustrated 10 practices as dark patterns. They are: 1.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

43(B)log

FEBRUARY 22, 2021

Composers may have broadened composition styles in response to ©/market participation. [In © attaches without registration and endures for much longer than design rights. Tyler Ochoa: Thinks that these were probably easily registrable even pre- Star Athletica because of nonfunctionality. A: But the Ds here aren’t copying!

Copyright 40

Copyright Art Copying Editing 40

SpicyIP

FEBRUARY 13, 2023

What stands out here is that the Court granted an injunction in favour of the Plaintiff based on earlier registration without considering the non-use of the mark by them. When, therefore, another identical vanilla cream filled chocolate sandwich cookie enters the market, named ―FAB!O‖

Designs 52

Designs Design Trademark Cease and Desist 52

Kashishipr

AUGUST 2, 2021

Intellectual Propriety (IP) rights holders are under the perpetual threat of counterfeit goods in the market that is growing exponentially with advancing technology and a surge in cross-border trade among countries. A Unique Temporary Registration Number (UTRN) is generated on filing the online application. Demand draft of Rs.

IP 105

IP Intellectual Property Registration Registering Trademarks 105

IP and Legal Filings

OCTOBER 19, 2022

Subject to certain exclusions, an issuer must meet certain criteria, obtain commission approval, and submit a registration statement and a draught prospectus to the Securities and Exchange Commission (“SEC”) in order to issue regulated digital tokens.

Artwork 63

Artwork Copying Contracts Copyright 63

SpicyIP

FEBRUARY 24, 2023

In December 2017, the Apex Court in Toyota v Prius Auto Industries, set the standard of claiming transnational reputation in a mark backed by adequate evidence. In India, Toyota has filed an application to register the mark on a “proposed to be used” basis, under class 12 (Vehicles; apparatus for locomotion by land, air or water) in 2017.

Registration 63

Registration Intellectual Property Law Trademark Branding 63

Kluwer Copyright Blog

DECEMBER 26, 2021

This seems to have pushed EU Member States towards compliance – the latest examples here are the Irish European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021 (19 November), the Italian Decree (published on 27 November), and the Estonian Act implementing the Directive (8 December). We reported on this here.

Copyright Law 110

Copyright Law Copyright Law Reporting 110

Technology & Marketing Law Blog

DECEMBER 11, 2023

As the new threshold test for application of Rogers , courts can’t simply assume trademark use based on the close copying of the plaintiff’s goods. This from a Court that has struck down two statutory trademark registration provisions for burdening speech. 218 (2017); Iancu v. at 156 (citation omitted)”). Tam , 582 U.S.

Blogging 113

Blogging Trademark Branding Brands 113

SpicyIP

JANUARY 9, 2023

whereby the court held the mark to be in custody of the court and held the registration of the mark ‘Jawa’ in favor of Respondent no. Highlighting the court’s opinion that goodwill can exist in the mark independent of registration, she remarks that the duration of 26 years of non use of the mark could have reduced the goodwill in the mark.

Trademark 90

Trademark IP Registration Reporting 90