JIPL Online

FEBRUARY 26, 2021

If the title sounds familiar, you are part of the reason Booking.com successfully trademarked “Booking.com” while paving the way for owners of similar marks to receive trademark protection. com” does not make “booking” non-generic for trademark registration when it becomes “Booking.com.” The Decision.

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Trademark Registration Trademark Law Advertising 98

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.

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False Advertising Trademark Registration Advertising 87

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

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. You can apply for trademark registration online, the process for which is fairly straightforward. Who is a trademark lawyer?

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Trademark Registration Intellectual Property Service Mark 52

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 Court recognized that QR codes might be regarded as decorative patterns or device marks, both of which are signs that are inherently registrable.

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Trademark Intellectual Property Registration Trademark Law 97

Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. It currently accounts for about 15% of the entire revenue spent on global advertising. Once registered, a domain name owner shall have all the legal authority and rights that are usually there with a trademark owner.

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Social Media Intellectual Property Registration Branding 52

IPilogue

AUGUST 4, 2022

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. The applicant noted similar provisions in EU and UK trademark law that have been adjudicated. The Decision.

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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. However every cease and desist notice served does not constitute trademark bullying and this depends on the fact and circumstance of each case.

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Cease and Desist Trademark Registering Trademarks Business 100

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 as it 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

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. s entitlement to the trademark manifests on the application date or registration date.

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Trademark Social Media Registering Trademarks Trademark Law 105

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.)

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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. As a result, slogan registration is frequently denied due to a lack of distinctiveness. Image Source: gettyimages].

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Trademark Advertising Advertising Registration 54

The IP Law Blog

MARCH 5, 2021

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. Xerox ran an advertising campaign “You can’t Xerox a Xerox on a Xerox.

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Trademark Branding Brands Branding 85

Garrigues Blog

NOVEMBER 15, 2021

A trademark is a distinctive sign which identifies the goods and services of a company, and differentiates them from those of competitors, whereas a trade name identifies a company operating in trade and serves to distinguish it from other companies carrying out identical or similar activities. In particular, article 7.1

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Trademark Intellectual Property Trademark Law Registration 52

SpicyIP

MAY 18, 2022

She works in a law firm that advises technology companies. Her previous posts on the blog can be viewed here, here , here , here and here. Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse.

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Non-Fungible Tokens Trademark Artwork Art 122

IP and Legal Filings

FEBRUARY 4, 2022

Introduction: The concept of comparing and considering a trademark in its entirety is a well-established tenet in trademark law. When a trademark is registered, it provides protection to the mark as a whole, even if it is a composite trademark with numerous aspects in it. Factual Background.

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Registration Trademark Trademark Law Marketing 66

IP Tech Blog

AUGUST 17, 2022

57 of the Chinese Trademark law. The article provides as follows: “ Any of the following acts shall be deemed as infringement of exclusive rights to use registered trademarks: . (1) 7) causing harm to other’s exclusive rights to use registered trademarks.”. 57 of the Trademark Law.

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Trademark Registering Trademarks Art Cease and Desist 104

LexBlog IP

APRIL 19, 2023

The purpose of a trademark is to prevent consumer confusion about the source of the corresponding product. “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.

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Intellectual Property Law Intellectual Property Law IP 52

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

[Note: this blog post covers Rep. Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces.

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Trademark False Advertising Advertising Advertising 138

Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name. For more visit: [link].

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Trademark Designs Design Marketing 52

IPilogue

OCTOBER 6, 2021

The EUIPO allowed Munich to trademark Oktoberfest under twenty-two product classes including, most importantly, tourism advertising. The application to the EUIPO stated that Munich wished to trademark the term to prevent others from advertising and profiting off products associated with the event or events replicating the festival.

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Trademark Intellectual Property Advertising Advertising 59

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Trademark Law. Parody in Trademarks is No Joke. With damages amounting to $40,000, it is clear the courts are unamused by parody in trademarks. Copyright Law.

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IP Copyright Infringement Inventor Intellectual Property 106

Biswajit Sarkar Copyright Blog

JANUARY 19, 2022

In that case, Google was using the plaintiff’s (Bharatmatrimony) trademark for advertising the websites of other matrimonial sites. Since domain names have a worldwide outreach, its registration is done by an international organization called the Internet Corporation for Assigned Names and Numbers (ICANN). ICANN/UDRP System.

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Registration Trademark Cinema Business 52

Intepat

MAY 16, 2023

The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks. 14 provides that if anyone files an application for the registration of a trademark, the consent of the living person must be taken and it should not be falsely or fraudulently obtained.

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Branding Brands Branding Personality Rights 98

Technology & Marketing Law Blog

OCTOBER 19, 2021

Thus, other cases have applied conversion law to alleged theft of domain name registrations (e.g., If it had, it would have eliminated the distinctions between IP law and the law of chattels. If it had, it would have eliminated the distinctions between IP law and the law of chattels.

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Licensing Copyright Contracts Advertising 90

Technology & Marketing Law Blog

JULY 17, 2023

In addition, the opinion has important ramifications for domestic trademark law through its identification of “use in commerce” as the actionable domestic conduct. Now in trademark law, extraterritorial reach is a simple on-off switch: Is there use in commerce or not?

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Trademark Blogging Litigation Law 70

LexBlog IP

JULY 8, 2021

Home » Blog. A Section 1(b) Intent-to-Use trademark application means that a person or legal entity has a “ bona fide ” intent to use the trademark “in commerce” in the near future. 44(e) – Foreign registration exists for the same goods/services”. Related : How Long Does It Take to Get a Trademark?

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Trademark Registration Web Development Advertising 52

Kashishipr

SEPTEMBER 8, 2021

However, one should keep in mind that the Trademark Rights arise out of use or maintenance of the exclusive rights concerning some specific products or services. Trademark Registration provides the exclusive rights to the owner to pursue legal action in case of infringement. Generic Trademark. Scholastic Inc.

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Trademark Registration Branding Brands 105

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. As we previously blogged , the issues presented in the care are: 1. VIP Products LLC. We just think the Rogers test is the wrong way to approach these cases.

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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. As we previously blogged , the issues presented in the care are: 1. It has no sound basis in trademark law or, indeed, in the First Amendment. [I]f VIP Products LLC.

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Branding Brands Branding Trademark 52

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Trademarks reduces the chance of confusion: Trademarks helps in preventing confusion in the minds of consumers by indicating the source and quality of the product, they are intending to use. Sections 9 and 11 of the Trademarks Act, 1999 address the notion of confusion. It takes years for them to get registration.

Business 52

Business Trademark Registration Cease and Desist 52

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. Dish Pizza.’

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Trademark Registration 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 78

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 Brands Branding 105

The IP Law Blog

JANUARY 12, 2023

If these materials show the use of trademarks, logos, or slogans that are not already the subject of a trademark registration or application, then these marks should be cleared for use to prevent unintended liabilities, and they should be considered for possible registration. .

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IP Intellectual Property Social Media Cease and Desist 98

Intepat

JUNE 7, 2024

Although companies had been employing the sensory aspects unofficially for decades, they underwent significant changes in their development when they were officially recognized as trademarks and were subsequently granted legal protection and registration.

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Trademark Branding Brands Branding 52

SpicyIP

JANUARY 2, 2022

The Vidya Drolia case laid down certain conditions for non-arbitrability of disputes and stated that grant and issue of patents and registration of trademarks were exclusive sovereign or government functions, thus making them non-arbitrable. Durga Trading Corporation was clarified in this case. In Dhiraj Dewani v.

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IP Intellectual Property Copyright Trademark 143

IPilogue

MARCH 2, 2022

The Birkin’s distinctive shape has acquired a secondary meaning, such that its trade dress has a trademark registration with the US Patent & Trademark Office. While OpenSea, the NFT exchange platform, removed the NFTs, Rothschild still advertises and offers his NFTs. Hermès’ Action. Future of Fashion in the Metaverse.

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Cease and Desist Non-Fungible Tokens Fair Use Intellectual Property 105