LexBlog IP

APRIL 17, 2023

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. The draft Article 18 Trademark Law correctly removes the distinction between registered and unregistered well-known marks. For example, the actual art.

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Trademark Law Trademark Law Branding 52

IPilogue

NOVEMBER 15, 2022

Regarding the second prong, Rothschild’s counsel pointed to the lack of explicit mention of Hermès in the advertising of the NFTs. Hermès argued that Rothschild’s usage of “MetaBirkin” was akin to a trademark, namely to “brand a product line, and to attract public attention and signify source.”

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Trademark Law Trademark Non-Fungible Tokens Law 105

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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IP Advertising Advertising Trademark Law 138

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. The post The First Amendment Limits Trademark Rights, But How?–Jack

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Blogging Trademark Fair Use Trademark Law 113

The IP Law Blog

APRIL 14, 2023

The NFL and Las Vegas Raiders threatened to sue a local law firm for trademark infringement, after the firm hired one of its athletes to appear in an advertisement with black and silver branding. Scott Hervey and Josh Escovedo talk about this dispute on this episode of The Briefing by the IP Law Blog.

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Blogging Law IP Trademark 52

43(B)log

FEBRUARY 17, 2022

One of Elysium’s counterclaims was based on statements that appeared on a blog, Right of Assembly, upwards of 20 times: ChromaDex isn’t allowed to say that NR treats any disease, because the FDA has not approved that. Was this commercial advertising or promotion? You can find out more here: [link]. I would have thought that was enough.]

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Advertising Advertising False Advertising Marketing 80

Likelihood of Confusion

OCTOBER 8, 2024

Republished by Blog Post PromoterI wrote a couple of days ago — and once again got hit hard by a learned commenter who disagrees with my view of the matter — about the Second Circuit’s ruling in the Rescuecom v. Originally posted 2015-05-13 15:51:00.

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Art Trademark Advertising Advertising 52

Above the Fold

SEPTEMBER 29, 2023

With more individuals and businesses entering the cannabis sector, there has been an increased interest in what kind of trademark protections a cannabis business can obtain. To read more, you can access the article here.

Law 52

Law Trademark Law Trademark Blogging 52

LexBlog IP

OCTOBER 25, 2021

It is difficult to remember a time when keyword advertising did not dominate the internet. Most search engines, such as Google, Bing, and Yahoo, maintain keyword advertising programs which allow advertisers to bid on search terms and keywords that drive customers searching for a particular product or service to their website.

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Advertising Advertising Trademark Cease and Desist 52

Technology & Marketing Law Blog

OCTOBER 6, 2024

The court says “Because Walmart does not pay search engines to return organic search results or index webpages, it does not “use” the marks in connection with the sale or advertisement of goods.” “Walmart contends that the purchase of these Google advertisements does not constitute a “use” of Plaintiff’s Marks. .”

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Advertising Advertising False Advertising Trademark 81

Technology & Marketing Law Blog

JUNE 8, 2024

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. First, the “placement” piece should be disregarded per the court’s discussion below that keyword ad buys categorically aren’t trademark infringement. ” UGH.

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Trademark Advertising Advertising False Advertising 110

Technology & Marketing Law Blog

MARCH 8, 2024

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money. Alibaba N.D.

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Trademark Law Trademark IP Blogging 109

Likelihood of Confusion

SEPTEMBER 28, 2024

Republished by Blog Post Promoter Working from home today after a bruising few weeks at work (see yesterday’s post!), It raises an interesting question about Internet-related copyright and trademark law. Originally posted 2009-01-22 13:31:48. We use a filtered Internet service […] The post Adverference?

Trademark Law 52

Trademark Law Blogging Trademark Copyright 52

Technology & Marketing Law Blog

MARCH 6, 2024

Tomelleri (who has appeared on this blog before ) illustrates fishes (see court exhibit on the right). If that rings a bell, it’s because just yesterday I blogged on a DIFFERENT fish painter, DeYoung, who also brought an IP lawsuit against a print-on-demand service (Pixels).

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Copyright Trademark Law Publishing Copyright Infringement 112

43(B)log

APRIL 17, 2023

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. Quincy sued BRYK “under multiple legal theories for making unauthorized sales of products branded with Quincy’s PREVAGEN trademark.”

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False Advertising Advertising Advertising Trademark 45

Technology & Marketing Law Blog

MAY 22, 2023

This case involves two rival personal injury law firms in Arizona, one of which engaged in competitive keyword advertising against the other. May 18, 2023) More Posts About Keyword Advertising * More on Law Firms and Competitive Keyword Ads–Nicolet Law v. The court dismisses the lawsuit on summary judgment.

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Advertising Advertising False Advertising Trademark 111

Technology & Marketing Law Blog

MAY 13, 2023

Kudos to Nicolet Law for surviving the motion to dismiss, but I’m wondering if it will ultimately regret filing this lawsuit–either because its trademark gets busted or because it made a federal case out of nothing. For more background on competitive keyword advertising by lawyers, see this article. LoanStreet v.

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Law Advertising Advertising False Advertising 102

Technology & Marketing Law Blog

JUNE 29, 2022

1-800 Contacts first appeared on this blog on February 9, 2005, my second day of blogging. 17 years later, I’m still blogging their ignoble trademark lawsuits. Some “highlights” of 1-800 Contacts’ trademark jurisprudence over the years: 1-800 Contacts v. WhenU (2d Cir. Keyword Ads.

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Trademark Advertising Advertising Blogging 111

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. The trademark owner memorably (and ridiculously) characterized the rival as engaging in “keyword conquesting,” a term I encourage you never to use. The court already sent that trademark claim to the jury ( my blog post on that ruling ).

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Trademark Advertising Advertising False Advertising 91

Technology & Marketing Law Blog

AUGUST 30, 2023

This is a competitive keyword advertising lawsuit. The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising.

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Advertising Advertising False Advertising Trademark 96

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. The defendants bought competitive keyword ads on Adler’s trademarks, which Adler objected to. For background on the legal battles over keyword advertising by lawyers, see this article.

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Advertising Advertising False Advertising Trademark 94

Technology & Marketing Law Blog

JULY 26, 2022

I’ve often wondered about the conversations that take place between trademark owner and counsel before filing a keyword advertising lawsuit. You can have a court declare your trademarks weak or invalid so they are less valuable than when you started. More Posts About Keyword Advertising. * Should we say ?

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Trademark Advertising Advertising Litigation 112

SpicyIP

MAY 15, 2024

Malak is a third year law student from Rajiv Gandhi National University of Law, Punjab. In case any reader is interested, this order has previously been discussed on the blog here. This two-part post endeavours to counter and add a new perspective to the existing arguments on this blog, which can be found here , here and here.

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Trademark Advertising Advertising Blogging 59

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

SpicyIP

MARCH 8, 2023

This results in common claims of ‘disparagement’ in trademark law. Previously, trademark cases have been entertained in situations where disclaimers/ warnings have been given along with products. Nor is there any advertising for any goods or services. Comparative advertisement: A mandatory claim for disparagement ?

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Advertising Advertising Trademark Intellectual Property Law 87

Technology & Marketing Law Blog

AUGUST 17, 2021

However, “[b]ecause meta tags direct internet traffic and are invisible to the internet user (absent the user taking additional steps), meta tags are similar to keyword advertising” (citing a non-precedential metatags opinion from 20 years ago). More Posts About Keyword Advertising. Distraction is insufficient. OK, I guess.

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Advertising Advertising Trademark Settlement 105

Technology & Marketing Law Blog

MARCH 13, 2022

More Posts About Keyword Advertising. Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v. lululemon. * Ohio Bans Competitive Keyword Advertising by Lawyers. * Want to Engage in Anti-Competitive Trademark Bullying? Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….

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Kashishipr

NOVEMBER 3, 2021

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. Interestingly, in these cases, the trademark owner itself/himself misused the trademark as the generic name of the product in advertising and Patent Applications.

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Trademark Branding Branding Brands 105

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 89

Kashishipr

SEPTEMBER 8, 2021

We know that brands try to make their trademarks as unique and distinctive as possible to attain the highest level of protection under the Trademark Law. ’ Common or generic terms are usually not protected under trademark law. ’ How are then these common words registered as a trademark?

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Trademark Registration Branding Branding 105

Biswajit Sarkar Copyright Blog

DECEMBER 24, 2022

The depiction of Santa Claus in Coca-Cola’s winter advertisement was done by artist Haddon Sundblom but because this artistic work was based on a real person, it could not be granted copyright protection as it was not unique. Most trademarks registered in the U.S The post Santa Clause and IP appeared first on Biswajit Sarkar Blog.

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IP Artistic Work Intellectual Property Branding 52

Kashishipr

AUGUST 24, 2022

Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India.

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Trademark Branding Branding Brands 52

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

Trademarks have become an important part of running a business. Increasingly, businesses across India are applying for trademarks. This helps them stand out and acts as a prime instrument for advertising and selling their products. Primarily, a trademark distinguishes the goods and services of one trader from those of others.

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Trademark Intellectual Property Registration Trademark Law 52

Garrigues Blog

APRIL 23, 2024

The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. regarding the use of the ZARA trademark, as previously discussed here.

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Trademark Advertising Advertising Trademark Law 52

IP and Legal Filings

OCTOBER 26, 2023

Legal Position In India In India a viable resolution against baseless legal threats is encapsulated in Section 142 [2] of the Trademark Act, 1999. 4] That Daily Basket had an entirely different user interface and the get-up was also way different. However post this Big Basket offered to solve the issue in an amicable manner.

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LexBlog IP

APRIL 25, 2023

where at issue is whether the Tenth Circuit erred in applying the Lanham Act extraterritorially to Abitron’s foreign sales, including purely foreign sales that never reached the United States, as more fully described in our previous blog. advertise their goods on the internet, and they purposely target American customers in America.

Trademark Law 52

Trademark Law Trademark Blogging Law 52

The IP Law Blog

APRIL 13, 2023

However, after hiring three professional athletes, including Maxx Crosby of the Las Vegas Raiders, to appear in a new advertisement, the NFL sent a cease-and-desist letter to Dimopoulos accusing the firm of unauthorized use of the Raiders’ marks.

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