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Lower Price Alternative? Comparative Advertising and Trademark Infringement

IPilogue

Comparative advertising is an effective marketing technique, in which a company’s product or service is compared to its competitor’s. Consumers are more willing to try out new things if they are assured that the new product is comparable or superior to those made by well-known brands. Operations (“Constellation”).

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How to Avoid the Biggest Brand management Mistakes

azrights

Apple and MacDonalds are household brands that have lost their EU trademarks in recent years, meaning that third parties may now freely use ‘Think Different’ and Big Mac in the EU. What this means is that the legal system shifts the burden of proof so that the brand owners need to show that they’re still genuinely using their marks.

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Paparazzi wins legal battle against well-known clothing brand

Olartemoure Blog

The photograph in question features Shayk wearing sweatpants designed by the brand Deadly Doll, which is protected by copyright. The trademark claimed that it had the rights over the photograph and published it on its social media as advertising , without the authorization of the author.

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Branding – Uniqueness and Fame

azrights

There are two drivers of brand asset strength: uniqueness and fame. For example, when you see the swoosh logo of the Nike brand you know it represents Nike even though it may be featured on its own with no name accompanying it. If an asset is less famous, it is more likely to be mistakenly attributed to a competitor’s brand.

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China: Design Patents and the Metaverse

IP Tech Blog

Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and commodities. Are they protectable by design patents? In China, a GUI alone cannot be registered as a design patent. Article 2.4

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facially plausible false advertising claim can be added to TM complaint

43(B)log

Copper Compression Brands LLC, 2021 WL 5013799, No. 27, 2021) Ideavillage sued CCB for trademark infringement and false designation of origin related to Ideavillage’s “Copper Fit” line of copper-infused compression garments. Here, the court granted leave to amend to add a false advertising claim. 4604 (KPF) (S.D.N.Y.

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OM Weekly Digest 09/22/22

Olartemoure Blog

The breaches were related with the absence of informed consent for the processing of personal data collected on web pages, the absence of information regarding the processing of personal data, and the establishment of a default option to obtain the informed consent granted by the data subjects. Original source in Spanish.