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

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.

Law 88

Law Branding Brands Branding 88

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 ).

Trademark 80

Trademark Advertising Advertising False Advertising 80

LexBlog IP

FEBRUARY 28, 2022

The Award honors those who have made a significant creative contribution in one or more of the following substantive areas of intellectual property law: Patent Law: An invention or group of inventions having technological significance and an important social and economic impact, resulting in one or more U.S.

Intellectual Property Law 40

Intellectual Property Law Intellectual Property Service Mark Invention 40

Selvam & Selvam Blog

MAY 28, 2024

In the author’s personal opinion, Trademark law when implemented and enforced effectively can play a crucial role in the protection of personality rights of celebrities and to target the prevention of deepfakes and unauthorized use of an individual’s identity or likeness by third parties.

Personality Rights 52

Personality Rights Intellectual Property Technology Trademark 52

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. Grimaldi , and later adopted and expanded by the Ninth Circuit.

Blogging 104

Blogging Trademark Fair Use Trademark Law 104

Kashishipr

JUNE 4, 2021

The relatively new advent allows the marketers to put the barcodes on several different items and allow smartphone users to scan them and discover more information. QR codes originated in the automotive industry and are now commonly used in advertising, payments, product tracing, and detection of counterfeits, etc. Judicial Viewpoint.

Trademark 97

Trademark Intellectual Property Registration Trademark Law 97

LexBlog IP

APRIL 19, 2023

“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. Sellers should mark uses of their trademarks with the “TM” or “®” symbol to inform the public of their trademark rights.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 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 54

Trademark Advertising Advertising Registration 54

IP and Legal Filings

JULY 5, 2023

Introduction Trademarks are recognised phrases, words, or symbols that designate a certain item and lawfully distinguish it from all other items of the same type. A trademark is a valuable intellectual property that businesses use to differentiate their brand from their competitors’ in the market. Avoid well-known brands.

Trademark 59

Trademark Registration Branding Brands 59

SpicyIP

FEBRUARY 13, 2023

Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision. Further, the information sought by the applicant pertains to third party …” and thus, refused to share the information sought. Delhi High Court Imposes Costs worth INR 2 Cr.

Designs 52

Designs Design Trademark Cease and Desist 52

SpicyIP

MARCH 10, 2024

The Plaintiff presented evidence of its long-standing use and registration of the ‘NOVA’ trademark, along with the distinct packaging featuring a blue background, a grazing cow, and the brand name. During the proceedings, the Court observed and penalised the Defendants for false advertising and contemptuous conduct.

Trademark 59

Trademark Registering Trademarks Registration False Advertising 59

43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. Several had appeared in magazines, advertising campaigns, television episodes, and films. 21-2149-cv, F.4th

False Advertising 48

False Advertising Social Media Advertising Advertising 48

SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients. Corruption in IP Offices, Anything New? “Ad-word”

Trademark 59

Trademark Publishing Journalism Copyright 59

SpicyIP

MARCH 25, 2024

Sunanda Bharti on the Michelin Stars and its interaction was trademark laws. Bharti is a Professor of Law at Delhi University, and her previous posts can be accessed here. Image from here Mischief, Manifestation, and the Michelin Trademark! What is a Michelin Star in Terms of Intellectual Property Law?

Trademark 45

Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

SpicyIP

MAY 18, 2022

The Indian Trade Marks Registry is also seeing activity under classes 9, 35 and 41 for registration of trademarks in relation to ‘downloadable virtual goods’ and online virtual services. Some examples under class 9 include: S.No. Application date. Description (shortened). Feb 25, 2022.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. Punchbowl News/Hog Farm cases seem like branding uses—establishing independent identity under the mark.

Trademark 57

Trademark Fair Use Registration False Advertising 57

IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] Notwithstanding the essence of this finding, this is too narrow an interpretation of the true spirit of trademark law. 1] Rachna R.

Registration 82

Registration Trademark Trademark Law Law 82

43(B)log

APRIL 17, 2023

Quincy sued BRYK “under multiple legal theories for making unauthorized sales of products branded with Quincy’s PREVAGEN trademark.” But the unauthorized sale of a genuine product does not violate trademark law. Even after default.

False Advertising 44

False Advertising Advertising Advertising Trademark 44

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Defining Trademark A “trademark” is a mark which is used for a commercial purpose. It is also called a brand name because it contains names, symbols, logos, and taglines that help to identify and differentiate a company’s goods and services from those of others. How do trademarks function?

Business 52

Business Trademark Registration Cease and Desist 52

SpicyIP

DECEMBER 12, 2023

Jacob Jacoby in his article, “The Psychological Foundations of Trademark Law: Secondary Meaning, Generism, Fame, Confusion, Dilution.” states that “The brand names serve as information ‘chunks’. They represent core nodes in the memory around which other ‘associated information is connected and organized’.

Trademark 59

Trademark Branding Brands Branding 59

SpicyIP

MAY 15, 2024

The same could be said about Google’s Ads program wherein it seems to have successfully charted through the trademark laws to smoothly bypass them in allowing firms to bid for their competitor’s trademark as a keyword for their advertisement.

Trademark 59

Trademark Advertising Advertising Blogging 59

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. This case involved Sun Pharmaceuticals allegedly infringing Cipla’s copyright and registered trademark. Sun Pharmaceuticals Industries Ltd.

IP 143

IP Intellectual Property Copyright Trademark 143

IP and Legal Filings

FEBRUARY 7, 2023

In an effort to connect with a younger, tech-savvy consumer base, more and more firms are deciding to debut their products and advertise them electronically through the Metaverse. This demonstrates the succinctness and simplicity of the Metaverse’s trademarking mechanism. Trademark dangers abound in this outlaw setting.

Trademark 87

Trademark Non-Fungible Tokens Branding Brands 87

SpicyIP

JUNE 13, 2024

Essentially, consumers are motivated to make positive efforts—such as verifying brand authenticity or switching websites—only if they perceive a substantial benefit from doing so. Even with abundant information, the potential for initial confusion remains high, particularly when dealing with visually and conceptually similar TMs.

Branding 56

Branding Brands Branding Marketing 56

SpicyIP

DECEMBER 30, 2023

Impleading the Department of Telecommunications/ Ministry of Electronics and Information Technology, the Court directed them to issue blocking orders against the impugned links. Doing this was regarded as essential to avoid stifling local industry and balance global brand reputation with the interests of national enterprises and consumers.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

FEBRUARY 1, 2023

Having already used the Kraken comparison to crack on the mythic failure of ChatGPT to give me a substantive leg up on what is happening in the Bad Spaniels’ case, I will throw out another bit of information to be fair. It may be that the newness of the amicus filings in the Jack Daniels case hampered the response. ” Id.

Trademark 52

Trademark Intellectual Property Branding Brands 52

43(B)log

FEBRUARY 25, 2023

Changes in Trademark Law and Evidentiary Rules Introduction: Jake Linford Before courts admitted surveys routinely, they were concerned about hearsay. Past work on how people walk around in a fog of confusion: Jacob Jacoby did this work in the 1980s—20% of people misunderstand any given factual claim in advertising!

Trademark 70

Trademark Marketing Marketing Advertising 70

43(B)log

NOVEMBER 8, 2023

I’m going to talk briefly about last term’s Jack Daniels case—a trademark infringement and dilution case—as well as Elster, argued last week, in which the Justices appeared inclined to reject a First Amendment challenge to the refusal to register the claimed mark “TRUMP TOO SMALL” for t-shirts.

False Advertising 73

False Advertising Advertising Advertising Trademark 73

Technology & Marketing Law Blog

JUNE 21, 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 recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

43(B)log

FEBRUARY 3, 2023

Maintaining an advantage in pursuing goals b/c of asymmetric information is a different issue that isn’t about benefit, ties this to Qs like insider trading. Alex Roberts, Multi-Level Lies Marketing and advertising claims made by laypeople selling through MLMs. Lemley: is/should there be contributory false advertising liability?

False Advertising 44

False Advertising Trademark Advertising Advertising 44

43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? A membership group might not have brand value (Happy Valley PTA example) v signaling I can afford LV, which does depend on brand value). Typically D argues that I’m using the term in mere advertising copy/not in a TM space.

Trademark Law 54

Trademark Law Law Trademark Fair Use 54

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Trademark use can show up in some surprising places.

IP 94

IP Trademark Advertising Advertising 94

Patently-O

DECEMBER 12, 2021

12] : The Eighth Circuit’s general balancing test, requiring “that state law rights of publicity must be balanced against first amendment considerations.” [13] 22] TRUMP TOO SMALL passes this test because it is commentary on TRUMP, not a disguised advertisement that is merely incidental to Donald Trump. Dogan & Mark A.

Registration 69

Registration Government Advertising Advertising 69