Erik K Pelton

DECEMBER 20, 2022

On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. Erik Pelton® has been making trademarks bloom since 1999 ® as the founder of Erik M. Pelton & Associates ®, a boutique trademark law firm in Falls Church, Virginia. 2019: [link].

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Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

JIPL Online

FEBRUARY 26, 2021

com” at after a generic word, “Booking,” still makes “Booking.com” generic within traditional trademark law [xiv] and (2) the fact consumer identify “Booking.com” doesn’t change the fact that it is still generic and thus ineligible for trademark registration. [xv] 829, 839 (2019). 104 Iowa L. xxxi] See USPTO , 140 U.S.

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Trademark Registration Trademark Law Advertising 98

IP and Legal Filings

NOVEMBER 2, 2021

This case comes in when the Retrolympics applied for the word and the figurative mark Retroolympic at the German Patent and Trademark Office in 2012 (for Nice classes 28 (games and sporting goods); 35 (advertising) and 41 (sporting and cultural activities).

Trademark 97

Trademark Patent Trademark Law Advertising 97

SpicyIP

JANUARY 2, 2022

In 2019 Kibow and its exclusive licensee Centaur filed a suit against La Renon and its manufacturer Stanford Labs seeking a permanent injunction alleging that their patent was being infringed. The Court held that the use of the Google Ads program undisputedly qualifies as advertising, which falls under Indian trademark law.

IP 143

IP Intellectual Property Copyright Trademark 143

IPilogue

MARCH 6, 2023

In May 2019, Louboutin sued Eizo under the Unfair Competition Prevention Law, seeking a permanent injunction against Eiko’s production of red-soled high heels and damages of approximately CAD 43,500. Eizo”), to shut down Eizo’s use of red soles on high-heeled shoes. Alt Text: EIZO shoes with red soles; Source: ( Masaki Mikami )

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IP Branding Brands Branding 59

The IP Law Blog

DECEMBER 23, 2021

In November 2021, fast-food chain Jack in the Box sued FTX, a cryptocurrency exchange launched in 2019, over an allegedly infringing mascot named Lunar, referred to as “Moon Man”. FTX featured its Moon Man character in commercials running during MLB games. Jack in the Box is not happy.

Trademark 98

Trademark Advertising Advertising Copying 98

The IP Law Blog

SEPTEMBER 22, 2022

In March 2019, P&P sued Johnson Enterprises for trade dress infringement under section 43(a) of the Lanham Act and unfair competition under California law. The two games look nearly identical in color, style and size and apparently differ only in the respective logos at the top of each game.

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Copying Marketing Marketing Advertising 98

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. 214, 229 (2018).

Registration 97

Registration Trademark Trademark Law Law 97

43(B)log

AUGUST 9, 2024

Mary Catherine Amerine, Reasonably Careless Consumers in False Advertising and Trademark Consumers can devote much more (or less) time to a decision than seems rational for the amount of risk/benefit in their lives. Court expects consumers to be reasonably prudent in both TM and false advertising. Class component as well.

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Trademark False Advertising Advertising Advertising 59

The TTABlog

JULY 2, 2021

Failure to Function/Specimens of Use/Nonuse: TTAB Affirms Failure-to-Function Refusal of NIGGA for Clothing Llama Design Mark Fails to Function as a Trademark for Video Game Software, Says TTAB "DEHYDRATION RELIEF FAST" Incapable of Functioning as a Trademark for Hydration Solution Products, Says TTAB Precedential No.

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Registration Design Designs Trademark 52

LexBlog IP

DECEMBER 21, 2021

The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce.

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Trademark Registration Intellectual Property Litigation 40

SpicyIP

SEPTEMBER 12, 2024

However, following Basheer’s demise in 2019, Calboli came on board as an editor and helped Wilkof see it to completion. The authors assert that the fundamental difference for Trademark laws and Unfair Competition Law is their harmonisation within the EU, the latter being only partly harmonised.

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Editing Intellectual Property Privacy IP 80

LexBlog IP

SEPTEMBER 15, 2021

The Court of Appeals affirmed the previous decision of the district court which found that Australian Leather had wilfully infringed Deckers’ “UGG” trademarks by selling less than 15 pairs of UGG branded boots in the U.S.,

Trademark 52

Trademark Registration Branding Brands 52

The TTABlog

AUGUST 30, 2023

If that were the case, having a famous mark would entitle the owner to a right in gross, and that is against the principles of trademark law." The Board has long recognized that the 'Internet is such a pervasive medium that virtually everything is advertised and sold through the Internet.'"

Design 45

Design Designs Branding Brands 45

SpicyIP

DECEMBER 30, 2023

Ujoy Technology and Toyota Jidosha Kabushiki Kaisha vs Tech Square Engineering Pvt Ltd [Delhi High Court] This year the concept of transborder reputation in trademark law saw two important interpretations from the Delhi High Court. Bolt Technology v. First, in Toyota v. Makemytrip (India) Pvt. d) Other IP Developments 1.

IP 124

IP Copyright Trademark Intellectual Property 124

Biswajit Sarkar Copyright Blog

JANUARY 19, 2022

In that case, Google was using the plaintiff’s (Bharatmatrimony) trademark for advertising the websites of other matrimonial sites. Unlike UDRP, it is governed by the Arbitration & Conciliation Act, 1996 and hence, binding in the court of law 8. 223 of 2019 Decided on 06-10-2021 Consim Info Pvt. Judicial Decisions.

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Registration Trademark Cinema Business 52

LexBlog IP

JUNE 21, 2023

. § 1052(c) on registering marks concerning a living person without permission; this case has the possibility of altering trademark law significantly and allowing current events to be treated similarly to historic events from a trademark perspective. 2294 (2019), and even Jack Daniel’s Properties, Inc.

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Registration Trademark Law Trademark Law 52

IPilogue

AUGUST 4, 2022

The applicant, Beijing Judian Restaurant Co (“Judian”), has operated restaurants in Vancouver and Richmond since 2018, along with numerous well-known ( served over 5,750,000 customers between 2011 and 2019 ) restaurants in China since 2005. The applicant noted similar provisions in EU and UK trademark law that have been adjudicated.

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Trademark Registration Design Designs 114

SpicyIP

JULY 17, 2024

Aditya Gupta is a lawyer by training and is presently working on issues that fall at the intersection of IP law, freedom of expression, and business strategy. His primary focus is on trademark law and the intersection of finance and social networks. For example, in March 2019, when an objection under S.

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Trademark Journalism Reporting Registration 109

IPilogue

NOVEMBER 17, 2022

A month later, the restaurant found an advertisement posted by Meng for the sale of the registration of the JU DIAN & Design Mark for $100,000. Two sections recently added to Canada’s Trademark Act of 1985 (“the Act ”) mention bad faith. Similarly, a 2019 amendment included bad faith in section 38(2)(a.1) Toti Holdings Inc.

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Trademark Registration Advertising Advertising 111

LexBlog IP

JULY 21, 2021

In Europe and the United States at least, every trademark has at least three purposes: (1) It identifies the origin of a product or service; (2) It guarantees consistent quality of that good or service; (3) It serves as symbolic communication as a basis for publicity and advertising. Dee (2019) at 119. ” Id. .’”

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

SpicyIP

AUGUST 16, 2021

from Duke University in 2019. PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes. Brands have been active on social media in recent years, trying to imbue their content with human like personality that endears customers to them rather than just putting out traditional advertising.

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Social Media Personality Rights Law Branding 72

IP and Legal Filings

FEBRUARY 20, 2024

Consumer rights abuses, deceptive advertising, and unfair commercial practices are examples. 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. link] Luthra, S.

Personality Rights 83

Personality Rights Privacy Social Media Copyright 83

IPilogue

JANUARY 14, 2022

Trademark Law. Parody in Trademarks is No Joke. In Subway IP LLC v Budway, Cannabis & Wellness Store , the Federal Court reaffirmed that parody is not a defence against trademark violation. Currently, under Quebec’s French-language laws, both registered and unregistered (i.e.,

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IP Copyright Infringement Inventor Intellectual Property 105

IP and Legal Filings

DECEMBER 6, 2023

the Apex Court held that one of the inherent aspects of the right to privacy as enshrined under Article 21 of the Constitution is the right to prevent others from using the person’s name or likeness without his consent for advertising or non-advertising purposes. State of T.N., Scripps Howard Broadcasting Co., 2007, I, no.

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Privacy Intellectual Property Law Intellectual Property Advertising 105

SpicyIP

AUGUST 18, 2024

Read Yogesh Byadwal’s post explaining what the case is about and how the court interpreted “technical effect” Playing from a “Safe Distance”: Analysing the Rule, its Roots and Application in India Image by wirestock on Freepik What is the “Safe Distance” rule in trademark law and how does it apply?

Registering Trademarks 104

Registering Trademarks Trademark Cease and Desist Copyright 104

Patently-O

DECEMBER 12, 2021

21] Under this test, Ginger Rogers and the estate of Fred Astaire could not prevent a filmmaker from using the title “Ginger and Fred” in a fictional film because the use was “clearly related to the content of the movie and is not a disguised advertisement for the sale of goods or services or a collateral commercial product.” [22] 9] 447 U.S.

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Registration Government Advertising Advertising 69