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

A similar notice sent to GitHub in 2020 took content down using the DMCA. In other parts of the notice, takedowns were requested under trademark law. It’s possible that brand protection matters are handled by a dedicated Nintendo department and/or MarkMonitor itself, which also has an office in the UK.

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. App’x 16 (2d Cir.

Blogging 130

Blogging Trademark Branding Brands 130

IP Blog

AUGUST 28, 2020

While this line by Juliet looks beyond the hateful nature of Romeo's family name, the summer of 2020 has been marked with social unrest leading many businesses and entertainers to reconsider the nature of their names and any connection they have to past atrocities.

Branding 52

Branding Branding Brands Trademark Law 52

SpicyIP

APRIL 4, 2022

The case decided by a single-judge bench, concerned an allegation of infringement of trademark, disparagement, dilution and tarnishment, damage to reputation, and tarnishment of brand equity filed by Hamdard National Foundation (Hamdard) against Sadar Laboratories (Sadar Labs).

Trademark 118

Trademark Registration Trademark Law Branding 118

The IP Law Blog

MAY 27, 2021

billion in 2020. However, Modelo Grupo (“Modelo”) and Constellation Brands (“Constellation”) would say there is a lot riding on the answer. Modelo, whose parent is Anheuser-Busch InBev (“AB”), created the Corona brand. Wanting to ride the wave of success, many companies have introduced hard seltzers into this now crowded space.

Licensing 103

Licensing Branding Branding Brands 103

JIPL Online

APRIL 7, 2021

[viii] This massive dichotomy in prices forces fans to choose between the Scylla of paying hundreds of dollars for a jersey to support their favorite team because of sports licensing monopolies, and the Charybdis of perpetuating trademark infringement by knowingly or unknowingly patronizing these shady, unregulated vendors. (ii)

Marketing 98

Marketing Marketing Licensing Trademark Law 98

IP and Legal Filings

APRIL 14, 2023

There have been several instances wherein the Courts have granted protection and recognized marks as Well-Known Trademarks. One such instance was the recent case involving the renowned Basmati Rice Brand ‘DAAWAT’. 2,000 Crores in Financial Year 2020-21. 700 crores in 2020-2021.

Trademark 98

Trademark Branding Branding Brands 98

SpicyIP

SEPTEMBER 16, 2024

The Single Judge Bench (SB) consisting of Justice Sanjeev Narula made some intriguing observations regarding the trademarkability of the mark “Aashiqui” as a movie franchise and restraining its use by other entities. Ameya Vinod Khopkar Entertainment (2020) over “De Dhakka”. A Lot is a Name!

Registration 104

Registration Television Trademark Trademark Law 104

JD Supra Law

JANUARY 5, 2022

As we wrote in January 2021, the Trademark Modernization Act of 2020 (TMA) brought significant changes to trademark law and practice.

Trademark 55

Trademark Trademark Law Branding Branding 55

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. Erik Pelton® has been making trademarks bloom since 1999 ® as the founder of Erik M. Past issues of Top Trademark Trends: 2021: [link]. 2020: [link].

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

IP Tech Blog

AUGUST 17, 2022

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. 57 of the Chinese Trademark law. 7) causing harm to other’s exclusive rights to use registered trademarks.”.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

IP and Legal Filings

JANUARY 27, 2023

This is also known as the removal of a trademark from the registry for lack of usage. 7 Effect of Non-Use If the registered trademark has not been utilised in good faith, it may be revoked for non-use. References [i] Trademark Non-Use Cancellation, available at [link] last seen on 05/05/2020 S.47, 23 [iii] S.

Trademark 98

Trademark Registering Trademarks Registration Intellectual Property 98

Kashishipr

SEPTEMBER 20, 2021

It was in October 2020 when SSPL came to know about NTC’s use of a similar label and trade dress for its set of soya bean edible oil products. According to SSPL, this practice was dishonest as it could make NTC benefit from the reputation and goodwill of SSPL’s brand name. Also, their use was concerning identical goods.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

The IP Law Blog

MARCH 5, 2021

Ironically, the more popular a trademark becomes, the more likely it is that a trademark will become generic, causing the trademark owner to lose its exclusive right to use and protect the trademark. Once a mark becomes generic, it loses its trademark protection and becomes available to the public.

Trademark 85

Trademark Branding Branding Brands 85

IP and Legal Filings

FEBRUARY 7, 2023

This demonstrates the succinctness and simplicity of the Metaverse’s trademarking mechanism. Their rights will be protected thanks to the metaverse brands’ trademarks. By deterring rip offs, trademarks safeguard a company’s identity and the repute of its brand(s), especially in the Metaverse.

Trademark 98

Trademark Non-Fungible Tokens Branding Branding 98

The IPKat

NOVEMBER 4, 2021

Firstly, in footnote 1 the author, Phoebe Li, lets us know that all online resources were last accessed on 30 May 2020. Part III: "Rethinking Copyright and Trademark Law" Part III provides four chapters, three from a copyright perspective and one addressing trade mark.

Intellectual Property 141

Intellectual Property IP Ownership Law 141

IPilogue

MARCH 6, 2023

While Louboutin’s products retail for JPY80,000 ($613) and over and fall within the luxury brand market, Eizo’s shoes occupy the affordable or no-name brand markets, with an average retail price of JPY17,000 ($130). In April 2015, Japan opened the gate for non-traditional trademarks, including colour, sound, and motion.

IP 59

IP Branding Brands Branding 59

IPilogue

AUGUST 2, 2021

European trademark law requires genuine use of a trademark to maintain registration. Lack of use may cancel a trademark’s registration; as well, any oppositions based on a trademark without genuine use may not withstand a non-usage defense. . Photo Credits: BP Miller ( Unsplash).

Trademark 59

Trademark Registration Trademark Law Intellectual Property 59

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. The defendant was “Darveys.com”, it was a “luxury brand marketplace” [6]. Nakul Bajaj & Ors. [4] 344/2018]. [6] 344/2018]. [7]

Marketing 98

Marketing Marketing Trademark Registration 98

The IP Law Blog

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose.

Trademark 52

Trademark Law Branding Branding 52

The IPKat

FEBRUARY 11, 2022

An honors graduate of Dartmouth College, and of Harvard Law School, he married a profound understanding of trademark law with a keen practitioner's eye for the needs of his clients and the disarming charm of his charismatic personality. His commitment to the firm was legendary.

Trademark 56

Trademark Trademark Law Branding Branding 56

Kluwer Copyright Blog

MARCH 1, 2023

In a twist, however, it is not copyright law, but rather an expansive view of trademark law, that poses this threat. Jack Daniels asserts that the Bad Spaniels toy infringes on its trademark and dilutes its brand. Trademarks are a cornerstone of our shared cultural vernacular. Supreme Court, Jack Daniels v.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 52

SpicyIP

FEBRUARY 22, 2023

Battle of the Firms – The Irony of IP Law Firms Being Sued for Trademark Infringement Niyati Prabhu It is well known that companies across the world take their brands seriously and deploy law firms in order to safeguard their intellectual properties, be it their names, slogans, brands, taglines, marketing tools and (even phone numbers ).

Trademark 98

Trademark Law IP Intellectual Property 98

Corsearch

FEBRUARY 14, 2023

The average US consumer is planning to spend $192 on Valentine’s Day gifts in 2023, up by 8% from 2022 – and just shy of 2020’s record ($196), according to The National Retail Federation [2]. A trademark is not just a means of securing and protecting a brand name, it is also a valuable business asset.

Trademark 52

Trademark Non-Fungible Tokens IP Branding 52

LexBlog IP

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” ” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose.

Trademark 52

Trademark Law Branding Branding 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

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

Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 3d, 1170, 1175-1176 (2020). [18]

Fair Use 130

Fair Use Trademark Cease and Desist Design 130

IP and Legal Filings

OCTOBER 31, 2023

The owner of a generic trademark has limited enforcement rights. If generic words are combined to make a trademark, its distinctiveness may be argued.In Ltd (CS(COMM) 217/2020) court determined that the name “DELHIVERY” is a phonetically generic term and cannot be registered as a trademark. trademark law.

Trademark 59

Trademark Trademark Law Registration Fair Use 59

IIPRD

JUNE 8, 2024

Fundamentals concerning this trend’s effects on consumer perceptions, intellectual property rights, and brand integrity are brought up. Although they provide more affordable options, knockoffs and counterfeiting present a problem for luxury brands and designers who want to safeguard their creative investments.

Intellectual Property 52

Intellectual Property Design Designs Branding 52

LexBlog IP

DECEMBER 29, 2022

Starting on December 3, 2022, the new deadline for trademark Office Actions is three months. Recently, the United States Patent and Trademark Office (“USPTO”) amended its Rules of Practice under the Trademark Modernization Act (“TMA”) of 2020. Table of Contents. Does the three month deadline apply?

Trademark 52

Trademark Intellectual Property Trademark Law Law 52

IP and Legal Filings

FEBRUARY 4, 2022

Introduction: The concept of comparing and considering a trademark in its entirety is a well-established tenet in trademark law. When a trademark is registered, it provides protection to the mark as a whole, even if it is a composite trademark with numerous aspects in it. ” Judgment.

Registration 93

Registration Trademark Trademark Law Marketing 93

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. 131, 132-133 (2020). [2]

Registration 98

Registration Trademark Trademark Law Law 98

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

Selvam & Selvam Blog

APRIL 5, 2022

It refers to marketing in respect of trending topics/events usually undertaken by brands to gain traction and benefit from the popularity that the trending events have garnered. Therefore, brands constantly look to create campaigns or post about any current topic to encash on such opportunities to stay relevant and visible.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

SpicyIP

JUNE 13, 2024

Baby Forest Ayurveda Private Limited, the defendant, has been using the TM “Baby Forest” since 2022, with its mark registered from 2020. Essentially, consumers are motivated to make positive efforts—such as verifying brand authenticity or switching websites—only if they perceive a substantial benefit from doing so.

Branding 55

Branding Brands Branding Marketing 55