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Trademark law and LinkedIn resumes: watch out?

43(B)log

Venkateswaran, 2024 WL 3487735, No. Maybe companies can resurrect noncompetes by prohibiting uses of their trademarks in former employees’ resumes! Portkey sued for unfair competition/reverse passing off, false advertising, and trademark infringement under the Lanham Act, as well as related state-law claims.

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TIL: “Texas Tamale” Is an Enforceable Trademark–Texas Tamale v. CPUSA2

Technology & Marketing Law Blog

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. We usually get ours at the local farmers market.] The court said that the trademark owner had been using the trademark since 1985 and registered the trademark in 2006. ” Say what?

Trademark 100
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Print-on-Demand Service Defeats Fish Illustrator’s Copyright Claim–Tomelleri v. Sunfrog

Technology & Marketing Law Blog

Any surviving services may need to be structured as marketing agencies that push all of the legal risk to the users and third-party vendors. If not, the print-on-demand industry may not be commercially viable under prevailing law. While Sunfrog won this battle, it lost the war because it’s exited the market.

Copyright 102
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Zara vs. Boungiorno and the possibility (or not) of using third-party trademarks

Garrigues Blog

On January 11, 2024, the CJEU ruled on the preliminary question ( Case C-361/22 ) raised by the Spanish Supreme Court in the proceedings between Inditex and Buongiorno Myalert, S.A. regarding the use of the ZARA trademark. We will examine the impact of the ruling in cases involving the use of third-party trademarks.

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4th Circuit Upholds District Court and TTAB: Timberland Boot Design Lacks Acquired Distinctiveness

The TTABlog

April 15, 2024). Citing Wal-Mart , the court observed that trademark law does not protect "product designs that lack distinctive meaning as a source identifier." That same principle applies to trademark registration. Welch 2024. The district court had also found the configuration to be de jure functional.

Designs 60
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Reconceptualizing Trademark Protection in the Digital Age: A Proposal for Reform in Response to Google Ads’ Policy- Part I

SpicyIP

The same could be said about Google’s Ads program wherein it seems to have successfully charted through the trademark laws to smoothly bypass them in allowing firms to bid for their competitor’s trademark as a keyword for their advertisement. In March 2024, the Hon’ble Supreme Court in MakeMyTrip India Private Limited v.

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Delhi High Court grants injunction against ‘dialmytrip’ in MakeMyTrip India Private Limited v. Dialmytrip Tech Private Limited

SpicyIP

The matter is listed before the court on 22 March 2024. But the facts pertaining to its market share indicate that the mark has achieved distinctiveness. 316 US 203] “the protection to trademark is the law’s recognition of the psychological functions of the symbols”.