IP and Legal Filings

MARCH 5, 2024

Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising. Using trademarks in domain names, linking, framing, meta-tagging, and framing are a few methods that could lead to trademark challenges.

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SpicyIP

JANUARY 11, 2024

Additionally, since the nature of services offered by both entities is similar, no infringement could be made out under Section 29(4) of the Trademarks Act, 1999. There has been much confusion regarding the IPR implications of keyword advertising, including through conflicting judgements of High Courts.

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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]

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Trademark Law Trademark Law Registering Trademarks 52

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may. What is Trademark Dilution?

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Trademark Registering Trademarks Trademark Law Branding 98

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 123

43(B)log

MAY 16, 2022

Doe, 2022 WL 1514649, No. May 13, 2022) I wrote an amicus brief in this case. To the extent [the Board’s] appeal attempts to improperly use trademark laws to block the expression of negative views about the university and its administration, such efforts fail.” Arizona Bd. of Regents v. 21-16525 (9th Cir.

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43(B)log

FEBRUARY 16, 2023

2:21-cv-07929-MEMF(PVCx), 2022 WL 18674459 (C.D. 22, 2022) This is a super messy case with a lot going on; I’m going to blog about it mainly to highlight a new thing you can apparently do with a trademark application , which is use it on non-Amazon platforms to gain advantages. Hollywood Unlocked, Inc.,

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False Advertising Trademark Registration Advertising 87

Chicago IP

FEBRUARY 28, 2022

The Intellectual Property Law Association of Chicago (IPLAC) Creator of the Year Committee is seeking nominations for its 2022 Creator of the Year Award. Trademark Law: A powerful branding program that combines a strong trademark or service mark and a memorable advertising and marketing campaign.

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IPilogue

AUGUST 19, 2021

During her time as a trademark law professor at Drake University, Shontavia Johnson wrote that she believed the laws created solely to protect the Olympics had been stretched too far. Rule 40 restricts social media posts and advertisements published by athletes and sponsors during the Games, both in volume and content.

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IPilogue

MARCH 20, 2023

Anita Gogia is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On November 2, 2022, the Ontario Superior Court of Justice ruled that goodwill does not exist when the registered trademark has not been used. The motion court first hearing the case misapplied the fundamental principles of trademark law.

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Trademark Social Media Registering Trademarks Trademark Law 105

IPilogue

AUGUST 4, 2022

Anita Gogia is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On May 18, 2022, the Federal Court of Canada released its decision for Beijing Judian Restaurant Co. That marked the first time that the Court invalidated a trademark for reasons of bad faith per s. 18(1)(e) of the Trademarks Act (TMA).

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SpicyIP

MAY 18, 2022

Though it is not easy to find a comprehensive list of all such trademarks in India (the website of the Indian TMR is so yesterday), recently advertised trademarks throw light on such activity. Feb 25, 2022. March 4, 2022. Feb 22, 2022. Some examples under class 9 include: S.No. Application date. TOMMY JEANS.

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Non-Fungible Tokens Trademark Artwork Art 121

Technology & Marketing Law Blog

AUGUST 5, 2022

The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” The contract term was set to expire in August 2022, and thus the injunction would be dissolved as well. Gutman, 2022 U.S. Social Media and Trademark Law” Talk Notes.

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SpicyIP

MARCH 14, 2025

In Renaissance Hotel Holdings v B Vijaya Sai (2022) [discussed here ], the Supreme Court found the words Renaissance and Sai Renaissance visually, as well as phonetically similar. While the former adds a crown between both words, Burger King US represents the name between two semi circles of red and yellow colors.

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IP and Legal Filings

JANUARY 31, 2023

The gaming and metaverse platform Roblox helped Gucci develop a variety of immersive themed locations that were inspired by the brand’s various advertising campaigns. The main assets of any fashion firm that are virtual designs, may need to be protected as trade dress under trademark law. iv] Brooks Kushman, Nike v.

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Law Branding Branding Brands 105

43(B)log

APRIL 29, 2022

2:21-cv-830-SPC-MRM, 2022 WL 1187136 (M.D. 21, 2022) “Nearly twenty years ago, Plaintiff Dr. Andrew Hawrych, a plastic surgeon, and Defendant Peter Von Berg, a businessman operating a cosmetics and skin care company, formed an oral agreement to develop new cosmetic products.” Thus, the false advertising claim would be dismissed.

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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.

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Trademark Trademark Law Advertising Advertising 59

LexBlog IP

FEBRUARY 28, 2022

The Intellectual Property Law Association of Chicago (IPLAC) Creator of the Year Committee is seeking nominations for its 2022 Creator of the Year Award. Trademark Law: A powerful branding program that combines a strong trademark or service mark and a memorable advertising and marketing campaign.

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Intellectual Property Law Intellectual Property Service Mark Invention 40

IP and Legal Filings

MAY 17, 2024

A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. The concept of passing off under trademarks law was used to provide relief to the plaintiff. It is a common tort law aspect and can be used for unregistered trademarks.

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IP Tech Blog

AUGUST 17, 2022

The recycled bottles did not bear the Tsingtao labels and marks, which had been replaced by the label and trademarks of the smaller brewery. 57 of the Chinese Trademark law. The article provides as follows: “ Any of the following acts shall be deemed as infringement of exclusive rights to use registered trademarks: . (1)

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Trademark Registering Trademarks Art Cease and Desist 104

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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IPilogue

MARCH 6, 2023

Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. 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.,

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43(B)log

OCTOBER 11, 2023

“While Plaintiffs seek prospective relief, they have provided the Court with no basis from which it can infer any possibility of an ongoing violation of federal law.” For trademark, any request was moot since the law requiring the sale of license plates and license labels expired by its own terms on December 31, 2022.

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The IP Law Blog

SEPTEMBER 22, 2022

On August 24, 2022, the Ninth Circuit issued its opinion in P and P Imports, LLC v. You are likely familiar with the children’s game, Connect 4, in which players drop red and black checker pieces into an upright rack trying to get four of their pieces in a row to win.

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Copying Marketing Marketing Advertising 98

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.

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Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. As per a report, influencer marketing investment is expected to reach $15 billion in 2022. It currently accounts for about 15% of the entire revenue spent on global advertising.

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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 2022, “Gucci” and “Roblox” opened a permanent “Gucci Town” as part of their ongoing partnership.

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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. Their premium products are sold through high-end stores and e-commerce platforms such as Amazon and Flipkart. The defendant rebranded from “Landsmills Healthcare Pvt.

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IP Tech Blog

NOVEMBER 30, 2022

This ground-breaking decision heralds the expansion of traditional fair use defenses to any trademark infringement claims where a defendant’s conduct relates, in any way, to the broad category of activity considered “expressive” under the First Amendment. VIP Products LLC.

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Branding Brands Branding Fair Use 57

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.

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Designs Design Trademark Cease and Desist 52

SpicyIP

MARCH 25, 2024

Sunanda Bharti on the Michelin Stars and its interaction was trademark laws. Bharti is a Professor of Law at Delhi University, and her previous posts can be accessed here. Image from here Mischief, Manifestation, and the Michelin Trademark! (It

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Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

LexBlog IP

NOVEMBER 30, 2022

This ground-breaking decision heralds the expansion of traditional fair use defenses to any trademark infringement claims where a defendant’s conduct relates, in any way, to the broad category of activity considered “expressive” under the First Amendment. VIP Products LLC.

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Branding Branding Brands Fair Use 52

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. There have been some court decisions on this precise topic, but the law is not completely settled. But what rights do you have to what it creates for you? Not yet, anyway.

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Design Designs Trademark Copyright 52

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

Also, there should not be a “use in commerce” when the advertiser (here, Troia) doesn’t actually offer any goods or services in the marketplace. Instead, the court’s hacking of precedent brought to mind one of my all-time least-favorite trademark cases (it still annoys me 15+ years later!) 2022 WL 3647817 (E.D.

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Technology & Marketing Law Blog

FEBRUARY 16, 2022

.” In other words, they sought to establish (using centuries-old chattel-based theft doctrines rather than trademark law) that a trademark owner has the unrestricted right to shut down anyone using their trademarks, even if no consumers are harmed. to see if it could find some soft spot in Georgia state law.

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Technology & Marketing Law Blog

NOVEMBER 28, 2022

To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. 2022 WL 4596646 (C.D. July 24, 2022). More Posts About Keyword Advertising. Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet The CourtListener page.

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Technology & Marketing Law Blog

JUNE 29, 2022

This week, another court added to 1-800 Contacts’ smouldering pile of trademark jurisprudence and granted a judgment on the pleadings (Rule 12(c)) dismissing 1-800 Contacts’ competitive keyword advertising lawsuit against its rival Warby Parker. ” (I think this conclusion was true many years before 2022).

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