Technology & Marketing Law Blog

OCTOBER 9, 2024

Fifteen years ago, courts generally avoided categorical pronouncements about the legitimacy of competitive keyword advertising. Whatever legal ambiguity might have existed then has been decisively resolved, at least with respect to competitive keyword ads that don’t use the trademark in the ad copy. Google (4th Circuit).

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Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Simply owning a costume doesn’t mean that you own the copyright to the character or the trademark to their name and appearance. Copyright and Halloween Costumes. Bottom Line.

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Trademark Copyright Cease and Desist Copying 279

SpicyIP

AUGUST 31, 2023

Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. If you have come across such ads and have wondered whether such use of a mark infringes the mark of the luxury brand, then you are not alone.

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SpicyIP

FEBRUARY 4, 2025

Earning Goodwill in a Novel Market: Challenges for New Players It has often been argued that determination of goodwill while assessing trademark disputes inevitably favors monopolistic advertising and promotion by the stronger market competitors. In the instant case, the Court emphasized the defendants Rs.

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Trademark Marketing Marketing Trademark Law 107

43(B)log

MARCH 9, 2022

7, 2022) Melwani owns the Royal Silk trademark for “a wide variety of products.” His marks are enrolled in Amazon Brand Registry, and Royal Silk Direct maintains an authorized Royal Silk “storefront” on Amazon.com. False designation of origin/false advertising: Lasoff v. Amazon.com, Inc., 2022 WL 670919, NO. C21-1329RSM (W.D.

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IP Tech Blog

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. This will enhance the chances of a brand to obtain a certain degree of well-known status recognition. There will be varying degrees of notoriety.

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IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Corporations must establish online identities, such as logos, slogans, product names, and brands, to build consumer awareness, loyalty, and trust.

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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. Simply put, trademark genericization is the death of the mark as it no longer acts as a source indicator of the brand owner.

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Kashishipr

SEPTEMBER 8, 2021

A trademark is typically a sign, logo, symbol, word, phrase, design, or combination of them, which identifies the product or service of a particular brand. It recognizes the corporate identity of the brand. To sell the product, using the brand name makes it a trademark. A great example here is Apple.

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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. of facilitating the sale of counterfeit BHPC products, tarnishing the brands image and causing substantial financial loss. crore (USD 33.78

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Technology & Marketing Law Blog

MARCH 13, 2022

Las Vegas Skydiving Adventures offers tandem skydiving under the “Fyrosity” brand. Melwani sells products under the “Royal Silk” brand. More Posts About Keyword Advertising. Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v. It has never offered its services through Groupon.

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Trademark Advertising Advertising Settlement 110

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. This will enhance the chances of a brand to obtain a certain degree of well-known status recognition. There will be varying degrees of notoriety.

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Trademark Law Trademark Law Brands 52

IP and Legal Filings

DECEMBER 17, 2024

Non-conventional or Non-Traditional trademarks such as sounds, color, shape, scent or any other motion marks have emerged as a new innovative tools widely being used in the todays changing and competitive market era that redefine how brands connect with the public at large.

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Technology & Marketing Law Blog

JULY 25, 2021

lululemon’s brand also displays prominently in its keyword ads. More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. Want to Engage in Anti-Competitive Trademark Bullying? Amazon & More. * Do Adjacent Organic Search Results Constitute Trademark Infringement?

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SpicyIP

AUGUST 20, 2023

Aditya is an attorney at Ira Law and represents Google in trademark litigation relating to keyword advertising. He graduated from National Law University, Jodhpur and then pursued a masters in law from Harvard Law School. The Court examines various provisions of the Trademarks Act to reach this conclusion.

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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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IP and Legal Filings

MAY 13, 2023

Using the name or image of a celebrity for brand advertisement or promotion in the US does not always attract liability, provided the brand is not falsely misleading the public that the celebrity endorses the product. Spelling-Goldberg Prods., where the former takes precedence over publicity rights, while the latter may not.

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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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IP and Legal Filings

JANUARY 31, 2023

[Image Sources : Istock] Metaverse- a Magnet to Fashion Brands Virtual worlds provide fashion brands with the opportunity to significantly cut down on the excessive resource consumption of lifestyle and create sustainability. For undisputed ownership of virtual designs, Intellectual Property (IP) laws must be thoroughly handled with.

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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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IP and Legal Filings

DECEMBER 13, 2024

As such a proprietary right is granted by way of registration of a trademark, whereby the owner of the mark or other parties granted a license to use the brand has the exclusive right to use it for the purpose of making money. Under Sections 47 and 57 of the Trade Marks Act, 1999, Pidilite Industries Ltd. FEVIKWIK, FEVICOL, FEVISTIK).

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SpicyIP

MARCH 14, 2025

As highlighted by Burger King US, it has registered its trademark Burger King in several jurisdictions including India over the years. While its first registration for the brand name in India (1979) was under Class 16 [Paper & Paper Products] , the trademark was registered w.r.t. to restaurant services only in 2006.

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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 98

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.

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Trademark Registering Trademarks Trademark Law Brands 98

Patently-O

JULY 19, 2023

Unlike patent and copyright, trademarks and trade secrets continue to be concurrent and overlapping, meaning that state rights continue to exist and be enforceable alongside the federal right. With trademark law, the federal right has been around since 1870 and today occupies most of the space. What do you think?

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Privacy Trademark Law Fair Use Trademark 98

IP Law 360

JANUARY 2, 2025

The Lanham Act, the primary federal statute dictating trademark law, does not apply to the advertising and selling of equity, the Ninth Circuit stated in an appeals case between intellectual property firm LegalForce RAPC Worldwide PC and a Japanese company that fundraised off the brand "LegalForce."

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IP and Legal Filings

SEPTEMBER 19, 2023

Trademark infringement can occur in various forms, including the use of the trademark on competing goods or services, the use of the trademark in advertising or marketing materials, or the sale of counterfeit goods bearing the trademark.

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Trademark Intellectual Property Registration Registering Trademarks 98

Intepat

DECEMBER 21, 2021

QR codes were first utilised in the automotive business, but they are now widely used in advertising, payments, product tracing, and counterfeit detection, among other things. Is the Trademark Act applicable to QR Codes? One can, however, file a Trademark Application to register a logo that incorporates a QR code.

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Trademark Intellectual Property Registering Trademarks Brands 98

IP Tech Blog

NOVEMBER 30, 2022

Thus, Punchbowl ’s true impact on trademark law will likely be delayed until resolution of Jack Daniel’s. Nevertheless, in the meantime, Punchbowl remains the law in the Ninth Circuit, which has one of the highest number of trademark infringement filings, as documented by the US Judiciary. The case is Punchbowl Inc.

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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 98

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.

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Trademark Registration Brands Branding 105

SpicyIP

MARCH 25, 2025

In this case, Tata Trust had two main allegations: first, that the defendant was using the Tata trademark, and second, that his image and name were being misused to hold an event titled THE RATAN TATA NATIONAL ICON AWARD 2024 by a journalist. 2011), which imported the well-known trademark principle to protect well-known names as well.

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Personality Rights Trademark Business Trademark Law 59

IP and Legal Filings

OCTOBER 26, 2023

This is generally done by giant corporations and brand names to survive the competition and swallow the small businesses for gains. The modus operandi of bullying and legal threats which are baseless by large entities gets initiated by serving a cease and desist notice which contains threats of instituting a trademark infringement suit.

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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? However, if you incorporate a QR code into a logo, you can file a Trademark Application to register that logo. Judicial Viewpoint.

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Trademark Intellectual Property Registration Trademark Law 97

SpicyIP

NOVEMBER 18, 2024

Alpino Health Foods Recently, the DHC passed an order prima facie finding that Marico’s “Saffola oats” TM was “generically disparaged” by Alpino’s advertisements. Other IP Developments Bombay High Court temporarily restrains “Jhampa” from infringing “Campa”‘s trademarks.

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Erik K Pelton

DECEMBER 20, 2022

Besides Mariah, there were many other celebrity trademark stories this year, as more an more celebrities launch more and more brands. On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. Past issues of Top Trademark Trends: 2021: [link].

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SpicyIP

JANUARY 2, 2022

In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. The Division Bench reiterated that what makes something a trademark is the power to distinguish a product from others.

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