SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. The Hermès-Rothschild Dispute.

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Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

The majority says “if likeness interests are disregarded on the internet, the incentives to build an excellent commercial reputation for endorsements may diminish…information provided by promotional advertisements can enhance market efficiency and vibrancy” but these are orthogonal statements. (I Case citation : Hepp v.

Intellectual Property 144

Intellectual Property Trademark Marketing Marketing 144

Canadian Intellectual Property Blog

JUNE 22, 2022

First, only non-French registered trademarks will be exempt and not need to be translated into French. applied-for or common law) English trademark will need to be accompanied by its French equivalent on commercial advertising and public signage. As such, an unregistered (i.e., 2] CQLR c C-11, r 9, s 25.3. [3]

Trademark Law 52

Trademark Law Trademark Law Registering Trademarks 52

TorrentFreak

JULY 17, 2024

That the loudest voices continue to import mountains of Chinese-manufactured goods, including items that in some cases violate copyright and trademark laws, serves to illustrate why differences on IP enforcement are likely to continue. Other conundrums, including IP rights owned by U.S.

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Reporting Intellectual Property Cinema Advertising 120

IP and Legal Filings

OCTOBER 26, 2023

Legal Position In India In India a viable resolution against baseless legal threats is encapsulated in Section 142 [2] of the Trademark Act, 1999. 4] That Daily Basket had an entirely different user interface and the get-up was also way different. However post this Big Basket offered to solve the issue in an amicable manner.

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Cease and Desist Trademark Registering Trademarks Business 105

IPilogue

MARCH 20, 2023

The motion court first hearing the case misapplied the fundamental principles of trademark law. because they were the first to file a trademark application for “Bombay Frankies” despite not having yet used the mark. The motion court granted the injunction to 2788610 Ontario Inc. 2788610 Ontario Inc.

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Trademark Social Media Registering Trademarks Trademark Law 105

IPilogue

OCTOBER 6, 2021

On Saturday, September 18, 2021, locals and travellers from around the globe should have filled the streets of Munich, while being intoxicated and laughing with old and new friends. After months of discussions and the DPMA appealing the decision, Munich successfully achieved its goal on May 1, 2021.

Trademark 59

Trademark Intellectual Property Advertising Advertising 59

43(B)log

FEBRUARY 16, 2023

The court says the PTO “granted” the application on June 14, 2021, but that’s the filing date—the ITU application was published for opposition in April 2022, allowed June 2022, and an extension of time to file a statement of use has been granted as of this writing. He failed to allege a “valid, protectable trademark.”

False Advertising 87

False Advertising Trademark Registration Advertising 87

BYU Copyright Blog

OCTOBER 25, 2021

In a Complaint filed on October 7, 2021, in the Western District of Louisiana, Louisiana Tech University Foundation, Inc., LTF provided evidence of a current version of the bulldog, in use since 2008, along with a copyright registration and a trademark registration for the Bulldog.

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Derivative Work Advertising Advertising Intellectual Property 52

SpicyIP

MAY 18, 2022

The Indian Trade Marks Registry is also seeing activity under classes 9, 35 and 41 for registration of trademarks in relation to ‘downloadable virtual goods’ and online virtual services. Dec 21, 2021. Dec 15, 2021. Some examples under class 9 include: S.No. Application date. Description (shortened). Feb 25, 2022.

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Non-Fungible Tokens Trademark Artwork Art 122

Garrigues Blog

FEBRUARY 5, 2024

regarding the use of the ZARA trademark. We will examine the impact of the ruling in cases involving the use of third-party trademarks. Buongiorno was an internet and mobile telephone network provider that, in 2010, launched an advertising campaign for a paid subscription to a messaging service for receiving content via SMS.

Trademark 59

Trademark Trademark Law Advertising Advertising 59

IP and Legal Filings

FEBRUARY 20, 2022

Slogans are brief, memorable words that are commonly used in advertising to promote a specific company. Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. Using a mark as an advertising slogan, on the other hand, does not prevent it from being registered as a trademark.

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Trademark Advertising Advertising Registration 75

43(B)log

FEBRUARY 15, 2022

2021 WL 6881640, No. 24, 2021) A rare case finding no violation of the right of publicity or trademark law from an allegedly false endorsement based on lack of harm. It also ran “some” search engine advertising which displayed “tom martino referral list.” Troubleshooter Network, Inc. HomeAdvisor, Inc.,

Advertising 52

Advertising Advertising Business Reporting 52

The TTABlog

NOVEMBER 6, 2023

But after 2013, when Respondent last advertised the CS amps in its domestic catalogs, domestic sales plummeted, rapidly dwindling to single digits and then zero at some points in the critical 2016-2021 time frame. Peavey argued that "[a] mark is only abandoned when all trademark significance, including residual good will, is lost.”

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Registration Brands Branding Branding 61

The IP Law Blog

MARCH 5, 2021

the executives at Peloton believe that the trademark SPIN is of great importance. Last month (February, 2021), Peloton filed petitions to cancel the trademarks SPIN and SPINNING for physical fitness instruction and for stationary exercise bicycles on the grounds that the marks are generic.

Trademark 85

Trademark Brands Branding Branding 85

43(B)log

SEPTEMBER 7, 2021

Yu, 2021 WL 1518993, No. 16, 2021) Big Ligas is owned by three members equally: Daniel Echavarria, also known as Ovy; Christian Andres Salazar; and Paulo Londra. Big Ligas sued for tortious interference and for false advertising and trademark infringement under the Lanham Act. False advertising: “That Ms.

False Advertising 45

False Advertising Fair Use Advertising Advertising 45

43(B)log

OCTOBER 7, 2021

2021 WL 518021, No. 11, 2021) ShopRite sells organic vanilla soymilk. Comment: trademark law bounces rather casually between normative and empirical understandings of the reasonable consumer. These cases provide great evidence that false advertising law does so as well.] Shop-Rite Supermarkets, Inc.,

False Advertising 45

False Advertising Advertising Advertising Trademark Law 45

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.

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Trademark Advertising Advertising Copying 98

Above the Fold

JULY 22, 2022

As those involved in the world of trademark law likely know, the United States Patent and Trademark Office (“USPTO”) publishes an immensely helpful Manual covering the practices and procedures of prosecuting or registering trademarks in front of the USPTO.

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Trademark Trademark Law Registering Trademarks Publishing 40

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. 18] Deere & Company v.

Registration 98

Registration Trademark Trademark Law Law 98

Garrigues Blog

APRIL 23, 2024

The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. regarding the use of the ZARA trademark, as previously discussed here.

Trademark 52

Trademark Advertising Advertising Trademark Law 52

43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. Several had appeared in magazines, advertising campaigns, television episodes, and films. 21-2149-cv, F.4th

False Advertising 49

False Advertising Social Media Advertising Advertising 49

The IP Law Blog

MAY 20, 2021

The senior mark holder brings a trademark infringement case alleging “reverse confusion” among its potential customers. decided April 20, 2021). It has marketed its software under the name “SmartSync” since 2004 and obtained a trademark for SmartSync in 2007. Dropbox, Inc.

Trademark 98

Trademark Marketing Marketing Business 98

IP and Legal Filings

FEBRUARY 7, 2023

In an effort to connect with a younger, tech-savvy consumer base, more and more firms are deciding to debut their products and advertise them electronically through the Metaverse. In light of the Metaverse, it follows naturally that the enforcement of trademark rights would change over time.

Trademark 98

Trademark Non-Fungible Tokens Brands Branding 98

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., However, on 7 May 2021, the U.S.

Trademark 52

Trademark Registration Brands Branding 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.

Trademark 40

Trademark Registration Intellectual Property Litigation 40

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.

Registration 52

Registration Trademark Cinema Business 52

IP Tech Blog

NOVEMBER 30, 2022

Thus, Punchbowl ’s true impact on trademark law will likely be delayed until resolution of Jack Daniel’s. Nevertheless, in the meantime, Punchbowl remains the law in the Ninth Circuit, which has one of the highest number of trademark infringement filings, as documented by the US Judiciary. insider’s perspective.”

Brands 57

Brands Branding Branding Fair Use 57

LexBlog IP

JULY 8, 2021

Related : What are Trademarks and What Do They Protect? Pros and Cons to Filing an Intent-to-Use Trademark Application. The three main benefits of an Intent-to-Use trademark application are (1) public notice and priority rights; (2) retroactive protection; and (3) lower risk. Related : How Long Does It Take to Get a Trademark?

Trademark 52

Trademark Registration Web Development Advertising 52

SpicyIP

FEBRUARY 13, 2023

Can “honest concurrent use” be used as a defense against a trademark infringement claim? 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 directs Registry to advertise KFC’s ‘Chicken Zinger’ trademark.

Designs 52

Designs Design Trademark Cease and Desist 52

LexBlog IP

NOVEMBER 30, 2022

Thus, Punchbowl ’s true impact on trademark law will likely be delayed until resolution of Jack Daniel’s. Nevertheless, in the meantime, Punchbowl remains the law in the Ninth Circuit, which has one of the highest number of trademark infringement filings, as documented by the US Judiciary.

Brands 52

Brands Branding Branding Fair Use 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. Japanese Trademark Law, Article 4(1)(viii). ” Id. (at

Registration 52

Registration Trademark Law Trademark Law 52

Technology & Marketing Law Blog

DECEMBER 19, 2021

Earlier this year, I blogged a ruling holding that Seeking Arrangements’ trademark infringement claim against Luxy could proceed because Luxy included Seeking Arrangements’ purported trademarks in its keyword metatags. Yes, this was a 2021 decision. 2021 WL 5936974 (C.D. More Posts About Keyword Advertising.

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Advertising Advertising Settlement Trademark 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. Compendium, at Section 313.2 ].

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Intellectual Property Invention Trademark Copyright 52

Technology & Marketing Law Blog

AUGUST 17, 2021

However, “[b]ecause meta tags direct internet traffic and are invisible to the internet user (absent the user taking additional steps), meta tags are similar to keyword advertising” (citing a non-precedential metatags opinion from 20 years ago). It’s 2021 FFS. McNeil Consultants, LLC , 2021 WL 3508713 (5th Cir.

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Advertising Advertising Trademark Settlement 105

IPilogue

JANUARY 14, 2022

2021 was an exciting year for the IPilogue. This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Top 10 Most Read IPilogue Articles Published in 2021. Introducing the College of Patent Agents & Trademark Agents. Trademark Law.

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IP Copyright Infringement Inventor Intellectual Property 105

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. The defendants bought competitive keyword ads on Adler’s trademarks, which Adler objected to. For background on the legal battles over keyword advertising by lawyers, see this article.

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Advertising Advertising False Advertising Trademark 98