The TTABlog

AUGUST 30, 2023

SS Vape Brands, Inc. 91255786 (August 28, 2023) [not precedential] (Opinion by Judge Marc A. If that were the case, having a famous mark would entitle the owner to a right in gross, and that is against the principles of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." Welch 2023. Monster Energy Company v. Opposition No. TTABlogged here.

Designs 56

Designs Design Branding Brands 56

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.

Personality Rights 77

Personality Rights Intellectual Property Social Media Intellectual Property Law 77

43(B)log

MAY 22, 2023

2023 WL 3556053, No. 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. Exotic Island Enters., 21-2149-cv, F.4th 4th - (2d Cir. 59 Murray Enters.,

False Advertising 48

False Advertising Social Media Advertising Advertising 48

LexBlog IP

APRIL 19, 2023

“Trade dress” is a subsection of trademark law and protects the design and shape of a product or its packaging, again to identify the source of the product. photographs or product renderings) on listings, product packaging, advertising materials, and instruction manuals. Registering copyrights with the U.S.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

LexBlog IP

MARCH 28, 2023

On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. Now, as a practical matter, parodies won’t confuse when differences in marks, markets, or message, typically ridicule, signal that the brand company didn’t make the joke. VIP Products LLC. I had a dog.

Branding 52

Branding Brands Branding Trademark 52

LexBlog IP

MARCH 28, 2023

On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. Now, as a practical matter, parodies won’t confuse when differences in marks, markets, or message, typically ridicule, signal that the brand company didn’t make the joke. I had a dog.

Branding 52

Branding Brands Branding Trademark 52

Copyright Lately

MAY 1, 2023

billion in the first quarter of 2023 , largely driven by successful releases from Morgan Wallen, Taylor Swift, and the aforementioned Drake. ” Michael Nash, April 26, 2023 Again, Nash’s statement is correct as far as it goes. ” On April 26, UMG held an earnings call in which it reported that revenues rose 11.5%

Music 84

Music Copyright Copying Copyright Law 84

SpicyIP

NOVEMBER 8, 2023

So … Prashant’s post was followed by a detailed post on Adwords and Trademark Law cautioning that a traditional interpretation of “use in commerce” could jeopardize the rights of trademark owners, given the evolving business models. However, 2023 seems good for Google, thus far. Let’s see how it unfolded.

Trademark 59

Trademark Publishing Journalism Copyright 59

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. Anubaker CS (COMM) No.890/2018

Registration 82

Registration Trademark Trademark Law Law 82

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.

Designs 52

Designs Design Trademark Copyright 52

43(B)log

APRIL 17, 2023

LLC, 2023 WL 2933464, No. 13, 2023) I don’t usually blog default cases because there’s usually little legal analysis; this case is an exception around the fraught area of first sale, showing unusual diligence by the court. But the unauthorized sale of a genuine product does not violate trademark law. BRYK Enters.,

False Advertising 44

False Advertising Advertising Advertising Trademark 44

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

MAY 15, 2024

Critiquing the 2023 decisions on Keywords by the Delhi High Court and the Supreme Court, we are pleased to bring to you this two part post by Malak Sheth. Malak is a third year law student from Rajiv Gandhi National University of Law, Punjab. Google LLC on likelihood of confusion among the consumers.

Trademark 59

Trademark Advertising Advertising Blogging 59

The TTABlog

NOVEMBER 6, 2023

92076586 (November 1, 2023) [precedential] (Opinion by Judge David K. 3 MCCARTHY ON TRADEMARKS AND UNFAIR COMPETITION § 19:111 (5th ed. Peavey argued that "[a] mark is only abandoned when all trademark significance, including residual good will, is lost.” (emphasis by the Board). Welch 2023. Lanham Act, Section 45.

Registration 58

Registration Branding Brands Branding 58

SpicyIP

DECEMBER 12, 2023

Image from here The High Court of Delhi, by its interim ex-parte order dated 21 November 2023 , granted the prayer of ‘makemytrip’ and issued interim injunction against the mark ‘dialmytrip’. Jacob Jacoby in his article, “The Psychological Foundations of Trademark Law: Secondary Meaning, Generism, Fame, Confusion, Dilution.”

Trademark 59

Trademark Branding Brands Branding 59

SpicyIP

JUNE 13, 2024

” in 2023. 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. Initial confusion can potentially impact brand goodwill and consumer trust, even if the confusion is temporary.

Branding 56

Branding Brands Branding Marketing 56

IP and Legal Filings

FEBRUARY 20, 2024

The lawsuit argued that the “Prevention and Regulation of Dark Patterns, 2023” would protect consumers against “dark patterns.” Consumer rights abuses, deceptive advertising, and unfair commercial practices are examples. Consumer rights abuses, deceptive advertising, and unfair commercial practices are examples.

Personality Rights 64

Personality Rights Privacy Social Media Copyright 64

LexBlog IP

JUNE 21, 2023

Of course, each use stems from the shorter phrase “make your mark,” embodying the mere notion of the archer hitting the target , or maybe even the less educated simply indicating agreement with an initial, an X, or a cross , or at times a craftsman adding “ a maker’s mark—essentially personal branding.”

Registration 52

Registration Trademark Law Trademark Law 52

LexBlog IP

FEBRUARY 1, 2023

VIP Products, Jack Daniel’s, the maker of the popular whiskey brand, filed a lawsuit against VIP Products, a company that sells a dog toy shaped like a whiskey barrel. Jack Daniel’s argued that the toy infringed on their trademark, as the shape of the whiskey [bottle] is closely associated with their brand.

Trademark 52

Trademark Intellectual Property Branding Brands 52

Technology & Marketing Law Blog

JUNE 21, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100