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.]

Advertising 80

Advertising Advertising False Advertising Marketing 80

Technology & Marketing Law Blog

JULY 25, 2021

More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. Want to Engage in Anti-Competitive Trademark Bullying? Perfect Body Image. * The Florida Bar Regulates, But Doesn’t Ban, Competitive Keyword Ads. * Rounding Up Three Recent Keyword Advertising Cases–Comphy v. Google cases.

Advertising 111

Advertising Advertising Settlement Trademark 111

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).

Copyright 119

Copyright Trademark Law Publishing Copyright Infringement 119

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.

Trademark Law 111

Trademark Law Trademark IP Blogging 111

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.

Trademark Law 52

Trademark Law Trademark Law Branding 52

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 ?

Advertising 104

Advertising Advertising Trademark Intellectual Property Law 104

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.

Blogging 52

Blogging Law IP Trademark 52

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?

Trademark 105

Trademark Registration Branding Branding 105

Intepat

MARCH 25, 2025

They also take refuge under the exception granted for comparative marketing, making reference to the luxury product solely as a point of comparison in their advertising. CONCLUSION The rise of fragrance dupes highlights the vital role of trademark law in the protection of luxury perfume brands.

Copying 59

Copying Branding Branding Brands 59

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

The majority says “if likeness interests are disregarded on the internet, the incentives to build an excellent commercial reputation for endorsements may diminish…information provided by promotional advertisements can enhance market efficiency and vibrancy” but these are orthogonal statements. (I

Intellectual Property 144

Intellectual Property Trademark Marketing Marketing 144

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.

Advertising 52

Advertising Advertising Trademark Cease and Desist 52

IPilogue

NOVEMBER 17, 2022

A month later, the restaurant found an advertisement posted by Meng for the sale of the registration of the JU DIAN & Design Mark for $100,000. It was reasonable to infer that Meng knowingly obtained the trademark registration associated with Beijing Judian in China to leverage the restaurant’s reputation for his own economic interests.

Trademark 111

Trademark Registration Advertising Advertising 111

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?

Trademark 98

Trademark Registering Trademarks Trademark Law Branding 98

SpicyIP

MARCH 3, 2022

We are pleased to bring you a guest post by Kedar Ganesh Dhargalkar, analysing the possibility of trademark protection for bodily features. Balasaheb Apte College of Law in Mumbai. His previous guest posts on the blog can be viewed here and here. Trademarking Signature Poses/Looks – A Progressive Protection of Individuality.

Trademark 121

Trademark Trademark Law Intellectual Property Advertising 121

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

Technology & Marketing Law Blog

AUGUST 5, 2022

We blogged this case twice before. The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” Washington State’s Proposed Employer Social Media Law: The Legislature Should Take a Cautious Approach — SB 5211. The court also found “Ms. Christou v.

Social Media 119

Social Media Ownership Business Branding 119

Kashishipr

JUNE 4, 2021

QR codes originated in the automotive industry and are now commonly used in advertising, payments, product tracing, and detection of counterfeits, etc. Can we Trademark QR Codes? The post Can QR Codes be Trademarked? appeared first on Blog | Kashish IPR | Intellectual Property Rights Law Firm.

Trademark 97

Trademark Intellectual Property Registration Trademark Law 97

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.”

False Advertising 45

False Advertising Advertising Advertising Trademark 45

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.,

Trademark Law 52

Trademark Law Trademark Law Registering Trademarks 52

JIPL Online

FEBRUARY 26, 2021

[i] SCOTUS’s Booking.com decision made consumer surveys invaluable for owners of similar marks seeking trademark protection because as long as consumers identify the “generic.com” with the source, which can be illustrated via consumer surveys, it can and should receive trademark registration.

Trademark 98

Trademark Registration Trademark Law Advertising 98

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.

Cease and Desist 98

Cease and Desist Law Advertising Advertising 98

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.

Cease and Desist 105

Cease and Desist Trademark Registering Trademarks Business 105

Kashishipr

AUGUST 18, 2021

The same is majorly influenced by the mode of use, nature of advertising, and inherent nature contributing to the inherent distinctiveness of the mark owing to its common characteristics. The issue of the distinctiveness of a family of trademarks was brought forth in the case of Pure & Simple Concepts, Inc. For more visit: [link].

Trademark 105

Trademark Registration Branding Branding 105

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.

Art 52

Art Trademark Advertising Advertising 52

Selvam & Selvam Blog

FEBRUARY 28, 2025

This case highlights the intersection of trademark law and e-commerce regulation, raising questions about the accountability of online marketplaces in protecting brand integrity. crore (USD 5 million) for the extra marketing and advertising costs that Plaintiffs incurred to repair its damaged reputation. crore (USD 33.78

Due Diligence 52

Due Diligence Intellectual Property Branding Branding 52

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.

Trademark 58

Trademark Advertising Advertising Blogging 58

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

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.

Trademark 59

Trademark Trademark Law Advertising Advertising 59

Velocity of Content

JULY 26, 2022

But trademarks are not mentioned in that foundational document. This blog has already discussed the differences between copyright and trademark– which are, unfortunately, too frequently confused as two alternative ways of protecting non-technical IP. See discussion at this blog for a longer discussion of the differences.)

Trademark 98

Trademark Government Copyright Service Mark 98

IP and Legal Filings

DECEMBER 17, 2024

Non-Conventional trademarks are full of potential but still present some unique challenges, especially in jurisdictions like India, which is in process of evolving & developing their legal framework to accept these novel identifiers.

Trademark 52

Trademark Branding Branding Brands 52

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern. Many companies exploit renowned person identities without obtaining proper consent, leading intellectual property experts to advocate for the safeguarding of image rights through registration under Intellectual Property laws.

Intellectual Property 98

Intellectual Property Registration Trademark Personality Rights 98

IPilogue

MARCH 20, 2023

The motion court first hearing the case misapplied the fundamental principles of trademark law. because they were the first to file a trademark application for “Bombay Frankies” despite not having yet used the mark. The motion court granted the injunction to 2788610 Ontario Inc. 2788610 Ontario Inc.

Trademark 105

Trademark Social Media Registering Trademarks Trademark Law 105

43(B)log

FEBRUARY 16, 2023

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. Even without standing, Jones failed to state a claim for false association or false advertising.

False Advertising 87

False Advertising Trademark Registration Advertising 87

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.

Trademark 52

Trademark Intellectual Property Registration Trademark Law 52

IPilogue

AUGUST 4, 2022

On May 1, 2019 the respondent met with Mr. Sing and demanded CAD $1,500,000 for Beijing Judian to acquire use of JU DIAN trademarks. On June 3, 2019, Judian became aware of an advertisement for sale of the trademark on an online marketplace, VanSky.

Trademark 114

Trademark Registration Designs Design 114

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.

Trademark 52

Trademark Branding Branding Brands 52

IP and Legal Filings

FEBRUARY 20, 2022

Slogans are brief, memorable words that are commonly used in advertising to promote a specific company. Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. Using a mark as an advertising slogan, on the other hand, does not prevent it from being registered as a trademark.

Trademark 75

Trademark Advertising Advertising Registration 75