The IPKat

JULY 22, 2021

Katfriend Dr Sabine Jacques , Associate Professor in IP, IT & Media law at the University of East Anglia and author of The Parody Exception in Copyright Law (OUP 2019), provides the follow review of The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity – by Martin Senftleben.

Trademark 56

Trademark Public Domain Copyright Cease and Desist 56

Technology & Marketing Law Blog

FEBRUARY 27, 2022

TPG aggregates and collects information from the most prominent rewards programs and provides a series of rankings and recommendations designed to help maximize your rewards points. After the same court’s hiQ Labs decision from 2019, it wasn’t clear whether that was still good law. Trademark infringement 6. Trespass 5.

Cease and Desist 122

Cease and Desist Blogging Contracts Social Media 122

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." That both parties market and sell their products through the Internet is unpersuasive. Applicant Vape SS has been using its mark since 2016 and selling nationwide since 2019, and is "No.

Designs 56

Designs Design Branding Brands 56

IIPRD

OCTOBER 14, 2022

Even though traditional banks continue to command the financial market by offering standard operations such as payments, deposits, and credit; they need to understand that now, they are not the only players. With the size of such a market, there is always a high possibility of intellectual stealing in order to maximize profit.

Intellectual Property 52

Intellectual Property Confidentiality Copyright Technology 52

IP and Legal Filings

OCTOBER 31, 2022

The objective of the Singapore Treaty is to create a modern and dynamic international framework for the harmonization of administrative trademark registration procedures. The Singapore Treaty is applicable to all types of marks registrable under the law of a given Contracting Party. Conclusion.

Trademark 52

Trademark Contracts Intellectual Property Registering Trademarks 52

LexBlog IP

OCTOBER 25, 2021

However, in the fall of 2019 , Warby Parker became a direct competitor of 1-800 Contacts by entering the contact lens market. 1-800 Contacts also claims that Warby Parker copied its website design to “ intentionally deceive and confuse ” consumers.

Advertising 52

Advertising Advertising Trademark Cease and Desist 52

IP and Legal Filings

AUGUST 11, 2023

19] Being able to distinguish one’s trademark falls at the centre of the trademark law, as otherwise, it is liable to be rejected under Section 9(1) of the Act. Komal, Protection of non-traditional Trademarks: Issues and the Road Ahead, 11(2) TUCOMAT 695, 697 (2020). [2] 5] Trademark Act, 1999, §2, No.

Trademark 84

Trademark Registration Intellectual Property Intellectual Property Law 84

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

LexBlog IP

AUGUST 30, 2023

1) He made this request on grounds including trademark law and unfair competition law. He worked for large companies, active worldwide in the food industry, which specialised in the design and development of recipes and culinary products for industrial use. dishes and seasonings) as works of IP. (1)

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

Technology & Marketing Law Blog

DECEMBER 11, 2023

What the second Circuit did say was that, like in the Jack Daniel’s case, the Wavy Baby used plaintiff’s trademarks and trade dress throughout the design of its product. But especially in a case of an alleged parody, that doesn’t answer the trademark use question. 2294 (2019). at 156 (citation omitted)”).

Blogging 113

Blogging Trademark Branding Brands 113

The IPKat

FEBRUARY 6, 2022

Contreras Best Trade Mark Law Book The nominations were: International Trademark Licensing, edited by Stojan Arnerstål A User's Guide to Trade Marks and Passing Off, by Nicholas Caddick QC, Ben Longstaff, Jamie Muir Wood, and Charlotte Duly Research Handbook on Trademark Law Reform (eds.) Dinwoodie and Mark D.

Intellectual Property 145

Intellectual Property Editing Copyright Law Intellectual Property Law 145

IIPRD

JANUARY 21, 2022

According to the current trend, any new product which is being launched in the market has some sort of distinct packaging as it is considered imperative for the purposes of distinguishing their products from others and it also helps in attracting a larger customer base. Introduction. Scope for Protection of Trade Dress in India.

Branding 40

Branding Brands Branding Trademark Law 40

SpicyIP

JANUARY 2, 2024

M P Ram Mohan is a Professor in the Strategy Area at the Indian Institute of Management Ahmedabad and 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.

Trademark 59

Trademark Law Trademark Law Registration 59

The IP Law Blog

SEPTEMBER 22, 2022

It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category. 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.

Copying 98

Copying Marketing Marketing Advertising 98

Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” A Google search turns up three different pairs of designs with differing degrees of similarity. that the confined designs may have been “reserved” at a later time).

Registration 78

Registration Blogging Copyright Designs 78

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

JULY 21, 2021

provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. market for religious publishing and products at $6.8 But just a quick look at the USPTO’s Trademark Electronic Search System (or TESS ) databases reveals many live deistic trademarks include as all or part of a U.S.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

LexBlog IP

SEPTEMBER 29, 2022

They are marketed through different, yet related, channels of trade (sports and entertainment, which were melded together as ESPN’s original name ). Eventually, Harley-Davidson abandoned the application six years later (see Trademark Serial No 74485223). [G per year from 1996 to 2019). Joost Kist Memex (2003) , par.

Trademark 52

Trademark Registration Music Intellectual Property 52

IP and Legal Filings

FEBRUARY 20, 2024

” Dark patterns are deceptive tactics or design patterns that impair people’s autonomy, decision-making, or choice to force them to do something. However, it may be more appropriate to consider trademark law as a comparable framework for comprehending the extent of the personality right. link] Luthra, S.

Personality Rights 64

Personality Rights Privacy Social Media Copyright 64

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. 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

IIPRD

JUNE 8, 2024

Abstract In the dynamic realm of the fashion industry, the saying ‘following in someone’s footsteps’ takes on a new dimension, where the replication of designs is not a mere stride but a strategic dance. At this stage, it is pertinent to mention the difference between a knockoff [1] and a counterfeit [2].

Intellectual Property 52

Intellectual Property Designs Design Branding 52

LexBlog IP

FEBRUARY 16, 2023

On January 13, the China National Intellectual Property Administration (CNIPA) circulated a draft amendment to the PRC Trademark Law for public comment (“TML Draft Amendment”). The CNIPA Draft Amendment is comprised of a total of 101 articles in 10 chapters (as opposed to 73 articles in 8 chapters in the current law).

Trademark Law 40

Trademark Law Trademark Law Registering Trademarks 40

Technology & Marketing Law Blog

NOVEMBER 27, 2023

Before the Elster oral argument, many trademark professors and attorneys told me they thought the Supreme Court would follow its approach in Matal v. Brunetti (2019) and strike down this trademark registration law as an unconstitutional regulation of speech protected by the First Amendment. Tam (2017) and Iancu v.

Registration 75

Registration Trademark Blogging Law 75