Technology & Marketing Law Blog

DECEMBER 11, 2023

2023), I already had my red grading pen out. The low grade the court earned is a consequence of it losing many points by misstating the law, misapplying the law, and especially skipping over the part where it was supposed to share its analysis and instead just stated its conclusion. MSCHF has frequently targeted major brands.

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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.

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LexBlog IP

APRIL 27, 2023

We are just a few months into 2023, but we are already seeing a number of proposed changes to Chinese Trademark Law. Overall Theme and Key Takeaway It should be noted that this will be the 5 th round of major amendments to the China Trademark Law since it was first adopted in 1982.

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Copyright Lately

OCTOBER 20, 2024

American accused the website of deceiving customers, selling unauthorized tickets, and tarnishing its brand. The judge did side with the airline on its copyright infringement claim, ruling that Skiplagged had used American’s flight symbol logo without permission as recently as August 2023. It sought $94.4

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Technology & Marketing Law Blog

OCTOBER 5, 2023

Despite Emoji Company’s apparent confidence in the strength of its brand, the reality is that consumers looking to buy emoji-themed stickers are likely to search for the word “emoji.” This is not because they seek any Emoji-Company-branded products (licensed or otherwise). ” Trademark law does not restrict that usage.

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Trademark Fair Use Trademark Law Branding 133

Corsearch

FEBRUARY 22, 2024

Trademark infringement is the nightmare that keeps big brands up at night. In a world where maintaining a distinctive identity and protecting consumer trust is a constant battle, safeguarding your trademarks is crucial. What is trademark infringement? Let’s start with the basics; what is trademark infringement?

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The TTABlog

OCTOBER 21, 2024

Farmer , the founder of Leading Edge Law Group, PLC , in Richmond, Virginia, has for more than 25 years written a monthly column for the Richmond Times on breaking legal issues in the e-commerce, intellectual property and high-tech fields. He also lectures annually for the Virginia bar on trademark law developments. pdf here ].

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43(B)log

JANUARY 18, 2024

Christine Haight Farley, Trademarks in an Algorithmic World , 98 Wash. 1123 (2023). Abstract: According to the sole normative foundation for trademark protection—“search costs” theory—trademarks transmit useful information to consumers, enabling an efficient marketplace.

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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. 2023) (slip op., 2] Rogers v.

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Fair Use Trademark Cease and Desist Designs 130

IP and Legal Filings

SEPTEMBER 10, 2024

Introduction A trademark is a symbol that differentiates one’s brand from another. A trademark is a symbol that can consist of a device, label, name, signature, combination of colors and much more. How to prevent: One should select a unique/distinctive mark that represents your brand.

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Trademark Cease and Desist Branding Branding 96

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. Looking ahead to 2023. My prediction is that backlogs at the USPTO will continue to grow before they begin to come down later in 2023. © 2022 Erik M.

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The IPKat

OCTOBER 1, 2022

Some IP Thoughts on Dolce & Gabbana’s SS23 Collection Curated by Kim Kardashian, and other Fashion Heritage at Fashion Week By Felicia Caponigri During Milan Fashion Week held last week, the Italian fashion brand Dolce & Gabbana debuted their Spring/Summer 2023 ready-to-wear collection. copyright law. see this chapter.)

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Copying IP Copyright Law Designs 97

Technology & Marketing Law Blog

APRIL 3, 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 was one of the signatories of the First Amendment Professors amicus brief filed in Jack Daniel’s Properties, Inc.

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Blogging Trademark Fair Use Trademark Law 116

SpicyIP

OCTOBER 16, 2024

Template from here In the foreground of today’s fiercely competitive offline and digital marketplaces, where brands engage in neck-to-neck battles for visibility, the role of colours in trademarks has become a focal point of legal discourse. Deputy Registrar of Trademarks and Promoshirt SM S.A.

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Trademark Registration Branding Brands 105

SpicyIP

DECEMBER 2, 2024

Here is our recap of last week’s top IP developments including summaries of the posts on IPO’s patent application rejection of HIV drug Dolutegravir, another judgement in the long-running Section 3(k) saga, this time on the patentability of business methods and the DHC IPD’s Annual Report 2023-24. Anything we are missing out on?

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Corsearch

FEBRUARY 14, 2023

While the price of consumer goods continues to climb, Valentine’s Day spending in the US is still on course to reach $26 billion in 2023 [1]. 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].

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Corsearch

DECEMBER 7, 2023

As a space inundated with trademark complexities, regulatory issues, a saturated marketplace, intense counterfeiting issues, and much more, the pharmaceutical industry represents perhaps the most complex area of trademark law.

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The IPKat

APRIL 17, 2024

Among these, the Danish case of Artpusher Gallery ApS vs. Coop Danmark A/S in BS-30388/2023-SHR stands out as what the artist known as Love Party / Artpusher might have perceived as a modern tale of David and Goliath. Court’s decision The case was filed as a preliminary injunction.

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Trademark and Copyright Law Blog

DECEMBER 19, 2022

As we ring in 2023, sip some champagne and make a resolution to check in on your trademark portfolio more often. You may have launched new brands or drastically redesigned your logo since you last interacted with the USPTO. Branding guidelines – high-res logos, company-approved color schemes, etc. It misses you!

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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. Supreme Court, Brief for Petitioner (11 January 2023), page 3, available here. Constitution.

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Fair Use Intellectual Property Law Trademark Law Trademark 52

SpicyIP

NOVEMBER 17, 2023

Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship [November 22- 23] Course in Brief Dates : 22nd – 23rd November, 2023 Time : Day 1: 9:30 AM to 5:00 PM IST; Day 2: 9:30 AM to 1:00 PM IST Venue : Centre for Technology and Law, DA-IICT, Gandhinagar Duration : 1.5

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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. Furthermore, the re-sale of branded amplifiers did not qualify as use of the CS mark because such use does not inure to Peavey's benefit. TTABlogger comment: A primer on the law of abandonment.

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IP and Legal Filings

MAY 17, 2024

The concept of passing off under trademarks law was used to provide relief to the plaintiff. The concept of passing-off under Trademark law can be applied if the person concerned is a well-known figure. It is a common tort law aspect and can be used for unregistered trademarks. 3] CS (COMM) 652 of 2023. [4]

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Personality Rights Intellectual Property Social Media Intellectual Property Law 97

The TTABlog

JANUARY 4, 2023

trademark law intersects with international treaties, administrative law, and international relations. At the heart of each dispute is the question of the status of trademarks not used in the U.S. If this grounds for cancellation sounds unlike anything you’ve ever heard of in trademark law, you are not alone.

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Registration Trademark Law Trademark Branding 61

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.

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IP and Legal Filings

MARCH 19, 2024

This article explores real world examples, international perspectives and aims to provide comprehensive understanding of the complexities surrounding trademark restriction. And dissect the nuances of trademark restrictions focusing on the ineligibility of everyday language for monopolistic control.

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Branding Branding Brands Intellectual Property 52

Intepat

JULY 4, 2023

As of May 2023, it has been reported that India alone accounts for nearly 467 million YouTube users. Given YouTube’s aforementioned popularity, protecting brands from unauthorized use or reproduction on the platform becomes essential. Find out more about how trademark helps to stand out in online platforms here.

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Trademark Social Media Branding Branding 52

The IPKat

DECEMBER 23, 2023

As a plant intellectual property nerd , this Kat was delighted to get her hands on the new book Intellectual Property and the Design of Nature (Oxford University Press, 2023), edited by Jose Bellido and Brad Sherman.

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The TTABlog

JANUARY 26, 2023

Tam (2017), holding a portion of the nation’s statutory trademark law unconstitutional, Justice Alito wrote: “It is unlikely that more than a tiny fraction of the public has any idea what federal registration of a trademark means.” It certainly is not the way you “get” a trademark. Cumbow 2023.

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Trademark Registration Trademark Law Business 49

IP and Legal Filings

APRIL 10, 2025

Such acts of vilifying celebrities or benefiting from their brand value, has made it a necessity to protect their rights. Celebrity and their rights: Celebrity is person who is well recognized in the public eye and has a brand value of certain magnitude. under the trademark laws. link] Icc Development (International) Ltd.

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Personality Rights Privacy Intellectual Property Journalism 52

LexBlog IP

JUNE 9, 2023

On June 8, 2023, the United States Supreme Court unanimously ruled in favor of Jack Daniels in the case of Jack Daniel’s Properties, Inc. VIP filed suit, seeking a declaratory judgment that Bad Spaniels neither infringed nor diluted the Jack Daniels brand. Images from Opinion of the Supreme Court of the United States.

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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.

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Trademark Registration Trademark Law Business 52

43(B)log

JANUARY 27, 2023

2023 WL 416080, No. According to the Amazon condition guidelines for books, “new” means “[a] brand-new copy with cover and original protective wrapping intact. Steeplechase Arts & Productions, L.L.C. Wisdom Paths, Inc., 22-02031 (KM)(MAH) (D.N.J. Was this literally false?

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LexBlog IP

MARCH 9, 2023

The highly anticipated jury verdict in the Hermès litigation over MetaBirkins NFTs has some important takeaways for both artists and sellers of NFTs as well as brand owners. Below are some takeaways for both artists and sellers of NFTs, as well as brand owners. 22-cv-384 (JSR), 2023 U.S. 2, 2023) (citation omitted).)

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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.

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Garrigues Blog

OCTOBER 26, 2022

In this race to explore new markets, infringing conducts have also taken place as a result of the unauthorized uses of famous brands to create NFTs. In view of the proliferation of similar cases, brands are considering whether they should file registration applications to protect their trademarks in these new virtual spaces.

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SpicyIP

FEBRUARY 13, 2023

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 Imposes Costs worth INR 2 Cr. for Disobeying Interim Injunction Praharsh highlighted the order from Delhi High Court whereby the court imposed costs worth INR 2 Cr.

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