IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. Image Sources : Istock] Metaverse- a Magnet to Fashion Brands Virtual worlds provide fashion brands with the opportunity to significantly cut down on the excessive resource consumption of lifestyle and create sustainability.

Law 87

Law Branding Brands Branding 87

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Corporations must establish online identities, such as logos, slogans, product names, and brands, to build consumer awareness, loyalty, and trust.

Trademark 89

Trademark Social Media Advertising Advertising 89

TorrentFreak

AUGUST 8, 2024

Last month, Japan-based anti-piracy group Authorized Books of Japan (ABJ) ran a newspaper advertising campaign in the United States, Italy, Spain, and France. Sites can give the impression of being mass-produced due to how quickly they disappear and reappear, while still managing to retain traffic despite new branding. Piracy Campaign.”

Reporting 113

Reporting Advertising Advertising Copying 113

Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes.

Social Media 52

Social Media Branding Brands Branding 52

Corsearch

APRIL 19, 2023

With Gen Z ambivalent on the cost of counterfeiting to legitimate brands – and often actively seeking fakes out – how can brands educate consumers about their societal harms? Typically defined as people born between 1997 and 2012, Gen Z are seen by many brands as the number one audience to connect with online.

Branding 40

Branding Brands Branding Social Media 40

Olartemoure Blog

SEPTEMBER 23, 2022

On September 8, 2022, the Mexican Government published the amendment to the Labeling Standard for food and non-alcoholic beverages (NOM). The changes raise the burdens in relation to the labeling and advertising of products with excess critical nutrients. 09/22/22 – Industrial Designs. Original source in Spanish.

Intellectual Property 105

Intellectual Property Advertising Advertising Designs 105

The TTABlog

JANUARY 6, 2022

87627828 (January 3, 2022) [not precedential] (Opinion by Judge Christopher Larkin). Applicant maintained that its mark "is dominated by the design elements of the stately manor house, not by the improperly dissected, somewhat similar text elements of the mark and the cited mark[]."] How do you think they turned out?

Social Media 60

Social Media Advertising Advertising Music 60

43(B)log

FEBRUARY 4, 2022

3:21-CV-00499 (JCH), 2022 WL 313965 (D. 2, 2022) The parties have a dispute over control of a fashion business. But the complaint didn’t actually allege that defendants advertised items from “The Line,” only that they sold them. Second, more fundamentally, this was conversion/breach of contract, not false advertising.

False Advertising 83

False Advertising Advertising Advertising Designs 83

The TTABlog

SEPTEMBER 13, 2022

In re HIFI Brands, LLC , Serial Nos. 88905094 and 88905116 (September 9, 2022) [not precedential] (Opinion by Judge Melanye K. Welch 2022. The Board found the services to be overlapping, but what about the marks? How do you think this appeal came out? And so, the Board affirmed the refusal to register. Text Copyright John L.

Marketing 67

Marketing Marketing Graphic Design Branding 67

Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes.

Social Media 52

Social Media Branding Brands Branding 52

43(B)log

DECEMBER 28, 2022

3d -, 2022 WL 10128276, No. 17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. Barilla America, Inc., 22-cv-03460-DMR (N.D.

Branding 59

Branding Brands Branding False Advertising 59

43(B)log

JULY 15, 2024

Nike claims that, despite those efforts, StockX sold a number of Nike-branded shoes that were counterfeits. NFT background: In early 2022, StockX introduced Vault NFTs, which featured Nike’s trademarks and provided the holder ownership of an associated physical item. Many of the physical items were Nike sneakers.

False Advertising 69

False Advertising Branding Brands Branding 69

Technology & Marketing Law Blog

MARCH 13, 2022

Las Vegas Skydiving Adventures offers tandem skydiving under the “Fyrosity” brand. 2022 WL 594833 (D. 2022 WL 670919 (W.D. March 7, 2022). Melwani sells products under the “Royal Silk” brand. More Posts About Keyword Advertising. It has never offered its services through Groupon.

Trademark 82

Trademark Advertising Advertising Settlement 82

LexBlog IP

DECEMBER 26, 2023

I made a logo for Bob’s Burgers for selling burgers on Tailor Brands’ logo maker website. If you asked for something that looks like the Starbucks logo, rather than just asking it to design a logo for a coffee shop, that would weigh on the side of what it created being infringement. This isn’t limited to logo design.

Designs 52

Designs Design Trademark Copyright 52

IPilogue

MARCH 6, 2023

On December 26, 2022, the Japanese IP High Court dismissed an appeal from Christian Louboutin (“Louboutin”), a shoe designer known for its iconic red-bottom heels, in its action against Japanese shoe designer, Eizo Collection Co., Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School.

IP 59

IP Branding Brands Branding 59

IPilogue

JUNE 21, 2022

On February 3 rd 2022 Nike Inc. sued StockX LLC for trademark infringement, false designation of origin, trademark dilution, and related causes. Nike claimed trademark dilution, pointing to StockX’s heavy use of trademarks in attracting consumers familiar with the Nike brand. StockX Vault NFTs. Recent Developments.

Non-Fungible Tokens 116

Non-Fungible Tokens Ownership False Advertising Fair Use 116

IP and Legal Filings

OCTOBER 30, 2023

Barbie, a name synonymous with an unattainable standard of femininity and the concept of commercial feminism, was designed to captivate the toy market with all its glittery pink magnificence. ” In other words, it needs to be a colour that distinguishes and defines a certain brand, thereby revealing the brand’s identity.

Trademark 88

Trademark Branding Brands Branding 88

43(B)log

JULY 3, 2023

Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products. T]he one showed in the application is not mine.” Coca-Cola Company, 38 F.4th

False Advertising 59

False Advertising Advertising Advertising Registration 59

azrights

NOVEMBER 3, 2021

The difficulty with colour as a brand identifier is that there is no interim legal protection available to rely on as you build up recognition. It takes a very substantial marketing and advertising budget, over many years and even then there is no guarantee of successfully trademarking a colour. Competitors Copying Your Colour.

Trademark 52

Trademark Branding Brands Branding 52

IP Tech Blog

MARCH 18, 2022

On January 14, 2022, Hermès filed a Complaint in the Southern District of New York alleging trademark and trade dress infringement, trademark dilution, false designation of origin, cybersquatting, injury to business reputation, and misappropriation, under the federal Lanham Act and New York state law.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

LexBlog IP

DECEMBER 1, 2022

Designer Brands Inc. Leinenweber; District Judge Joan B. Gottschall; District Judge John Robert Blakey. Claims: Infringement. Defendant: At Home Stores LLC. The Buckle, Inc. Shoe Show, Inc. Carter’s, Inc. Dick’s Sporting Goods, Inc. Johnny Was, LLC. lululemon athletica Inc.

Reporting 40

Reporting Litigation Patent Privacy 40

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” Gutman, 2022 U.S. We blogged this case twice before. The court also found “Ms.

Social Media 101

Social Media Ownership Branding Brands 101

The IPKat

JANUARY 7, 2024

Background In 2022, Prada filed to register the pattern mark below as an EU trade mark (EUTM; No 18683223) for goods and services in classes 3, 9, 14, 16, 18, 20, 24, 25, 27, 28, 35 of the Nice Classification. Let's see in greater detail what happened and what all this means more broadly. An appeal appeared unavoidable.

Branding 88

Branding Brands Branding Registration 88

43(B)log

NOVEMBER 28, 2022

2022 WL 17218077, No. 2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. Thus, Monster argued that the survey only tested responses to Bang cans and labels, rather than the entirety of Vital’s advertisements. Monster Energy Co.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

SpicyIP

FEBRUARY 13, 2023

Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013. Ltd for disobeying the Palbociclib interim injunction. Check out the post for more details. Case: Louis Vuitton Malletier vs Capital General Store & Ors.

Designs 52

Designs Design Trademark Cease and Desist 52

TorrentFreak

JANUARY 18, 2022

Our service is designed for a broad spectrum of clients: webmasters, SEO-optimizers, traders, businessmen and people, who care about their personal security,” the site read. VPNLab – 2008 to 2022. “VPNLab is a service providing your security on the Internet by encryption of original traffic.

Law 93

Law Advertising Advertising Privacy 93

LexBlog IP

MARCH 18, 2022

On January 14, 2022, Hermès filed a Complaint in the Southern District of New York alleging trademark and trade dress infringement, trademark dilution, false designation of origin, cybersquatting, injury to business reputation, and misappropriation, under the federal Lanham Act and New York state law.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

43(B)log

MAY 3, 2023

But MacNaughton had already spent money on Young Living’s products, including lavender oil advertised to “promote[] [a] feeling of calm and fight[] occasional nervous tension” and peppermint oil that allegedly “helps to maintain energy levels.” 2022), the court of appeals reversed, though it did affirm the dismissal of warranty claims.

Law 52

Law False Advertising Advertising Advertising 52

43(B)log

AUGUST 18, 2022

A-1-CA-38023, 2022 WL 3221810, -- P.3d 9, 2022) Interesting case about trademark preemption. The Pumas alleged that defendants violated the New Mexico Unfair Practices Act based on their purchase of a Black & Decker-branded coffeemaker. Wal-Mart Stores East, LP, No. are of a particular standard [or] quality.

Trademark 64

Trademark Licensing Branding Brands 64

Technology & Marketing Law Blog

MARCH 5, 2024

On the other end are brick and mortar stores that sell trademark-infringing items directly to consumers, regardless of whether the stores design or manufacture those items. CafePress * Cafepress Suffers Potentially Significant Trademark Loss for Users’ Uploaded Designs * Life May Be “Rad,” But This Trademark Lawsuit Isn’t–Williams v.

Artwork 99

Artwork Trademark Publishing Marketing 99

IP and Legal Filings

APRIL 12, 2023

On December 23, 2022, the court ruled in favour of Hermes International, permanently restrained the defendant from using the mark, and ordered it to remove the infringing listings from its website. Because of the unauthorised use of such a mark, consumers are confused about the quality of the items, which affects the brand’s reputation.

Trademark 91

Trademark Branding Brands Branding 91

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). False Advertising. 2022 WL 4021776 (N.D. This lawsuit relates to the “Toast Plus” app that was available in Apple’s app store. ” Section 230. eBay case from 2008.

False Advertising 114

False Advertising Privacy Publishing Advertising 114

43(B)log

JUNE 14, 2022

2022 WL 1665453, No. May 25, 2022) Alcon sued Lens.com for federal and state false advertising and trademark claims. 1994), “before considering consumer survey evidence, a district court must, first, determine whether the designation of geographic origin is ‘geographically descriptive.’ Alcon Vision, LLC v. Lens.com, Inc.,

False Advertising 72

False Advertising Trademark Advertising Advertising 72

SpicyIP

JUNE 12, 2023

an interim relief against Dabur’s Amla oil print advertisement. Case: Marico Limited vs Dabur India Limited on June 2, 2023 (Delhi High Court) This case pertained to disparagement of the plaintiff’s “Nihar Amla Oil” through WhatsApp messages and a print advertisement. Gap settles Patagonia trademark lawsuit over pocket design.

Copyright 83

Copyright Advertising Advertising Trademark 83

SpicyIP

MAY 10, 2023

Recently, the Delhi High Court IPD released its Annual Report 2022-23 on the World IP Day 2023 (April 26, 2023) highlighting the experiences of the present and past judges of the IPD and the work done so far by the IPD. Deputy Controller of Patents and Designs , Auckland Uniservices Limited v. Shell Brands International AG v.

Trademark 108

Trademark Invention Patent Art 108

TorrentFreak

NOVEMBER 12, 2022

Once the police have conducted their own investigations, any domain added to the IWL finds itself blacklisted by the advertising industry and then shared as part of the full list with other stakeholders, rightsholders, and anti-piracy groups. was added to the Infringing Website List on June 28, 2022, and has remained there ever since.

Advertising 67

Advertising Advertising Reporting Intellectual Property 67

The IPKat

JANUARY 2, 2022

The analysis also referred to a pending case before the CJEU dealing with Community design law ( EUIPO v The KaiKai Company Jaeger Wichmann | C-382/21-P) and other EU trade mark cases from 2021. The final part of the round-up provides an update on the latest referrals to the CJEU and cases that will be decided in 2022. 21-438).

Blogging 125

Blogging IP Non-Fungible Tokens Cease and Desist 125