LexBlog IP

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. .”

Branding 52

Branding Brands Branding Fair Use 52

Selvam & Selvam Blog

APRIL 5, 2022

It refers to marketing in respect of trending topics/events usually undertaken by brands to gain traction and benefit from the popularity that the trending events have garnered. Therefore, brands constantly look to create campaigns or post about any current topic to encash on such opportunities to stay relevant and visible.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

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. Remember, posting content that contains someone else’s logo, product name, or trademark may infringe upon their IPRs.

Social Media 52

Social Media Intellectual Property Registration Branding 52

IP and Legal Filings

MARCH 28, 2023

Introduction The term “trademark dilution” refers to the unauthorised use of, and/or application for, a trademark that is likely to damage an established mark’s distinctiveness. This is known as trademark dilution. Blurring Tarnishing 1.Blurring

Trademark 73

Trademark Branding Brands Branding 73

IP and Legal Filings

AUGUST 29, 2023

Can their names be officially protected under trademark laws?At At first, it might seem a little confusing as Trademarks are like- ‘special signs’ that help us know where products or services come from. Trademarks must have a distinguishing capacity and must be ‘distinctive’ in itself. &Ors [3].:

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Trademark Trademark Law Law Advertising 90

The IP Law Blog

MARCH 5, 2021

and (2) Does the relevant public understand the designation primarily to refer to that class of goods or services? While a generic term cannot become a trademark, a trademark can become generic. This is commonly referred to as Genericide. Xerox ran an advertising campaign “You can’t Xerox a Xerox on a Xerox.

Trademark 85

Trademark Branding Brands Branding 85

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.

Trademark 97

Trademark Intellectual Property Registration Trademark Law 97

IP and Legal Filings

MAY 17, 2024

A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. The concept of passing off under trademarks law was used to provide relief to the plaintiff. Passing-off refers to misrepresenting someone else’s goods as one’s own. In Amitabh Bhachchan v.

Personality Rights 77

Personality Rights Intellectual Property Social Media Intellectual Property Law 77

IP and Legal Filings

SEPTEMBER 8, 2023

Misutilisation Of ‘Smell’ In Trademarks Till date it is clearly apparent that no laws regarding the protection of ‘smell’ in trademarks have come into survival in India.The doctrine of functionality in trademark law states that a product’s functional characteristic does not count for trademark.

Trademark 52

Trademark Registration Marketing Marketing 52

Kashishipr

SEPTEMBER 7, 2022

When we talk about building brand image and attraction, fashion companies put in a lot of time, money, effort, and hard work. Trade dress protection falls under trademark law as the design functions as a trademark, i.e., identifying a product emerging from a specific fashion house or fashion designer.

Trademark 52

Trademark Designs Design Marketing 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.

Blogging 104

Blogging Trademark Fair Use Trademark Law 104

Intepat

MAY 16, 2023

If the property of a person can be protected, likewise, when a popular celebrity like Amitabh Bachchan faces possible harm regarding his brand, the same can be protected under his right to publicity. However, Indian law has indirect references for the protection of publicity rights. For instance, in Titan Industries Ltd.

Branding 98

Branding Brands Branding Personality Rights 98

Technology & Marketing Law Blog

AUGUST 5, 2022

The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” Social Media and Trademark Law” Talk Notes.

Social Media 100

Social Media Ownership Branding Brands 100

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

IP and Legal Filings

FEBRUARY 16, 2023

In order to maintain the owner’s rights, a trademark must be used and periodically renewed; otherwise, the proprietor might lose the validity and the right of enforcing the trademark. Image Sources : Shutterstock] A trademark’s removal from the trademark registration is the consequence of non-use. Co Pvt Ltd.

Trademark 52

Trademark Registration Registering Trademarks Advertising 52

The IP Law Blog

DECEMBER 23, 2021

In November 2021, fast-food chain Jack in the Box sued FTX, a cryptocurrency exchange launched in 2019, over an allegedly infringing mascot named Lunar, referred to as “Moon Man”. In its complaint, Jack references various tweets regarding the FTX Moon Man such as “Oh look, it’s Walmart Jack in the Box!” Jack in the Box is not happy.

Trademark 98

Trademark Advertising Advertising Copying 98

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

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! As an IP enthusiast, the author perceives this as a trademark matter.

Trademark 45

Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

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] Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3]

Registration 82

Registration Trademark Trademark Law Law 82

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

Trademark and Copyright Law Blog

JULY 9, 2020

In addition to making history in the remote-work era, this case caught the attention of trademark lawyers and some mainstream media ; after all, it concerns a relatively well-known brand and the intriguing question of genericness.

Trademark 93

Trademark Registration Trademark Law Fair Use 93

Selvam & Selvam Blog

MARCH 28, 2022

The trademark law firmly establishes that a trademark owner reserves the exclusive right to use the trademark and enforce the same. Section 142 of the Act categorizes threats as circulars, advertisements or other similar means served on the other party.

Cease and Desist 40

Cease and Desist Trademark Due Diligence Intellectual Property 40

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. Similarly, in Vardhman Buildtech Pvt.

Registration 66

Registration Trademark Trademark Law Marketing 66

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. I’ve left out the parts specific to registered trademarks and the reference to treaties.

Trademark 57

Trademark Fair Use Registration False Advertising 57

43(B)log

DECEMBER 1, 2022

Viacom also engaged a market research company to learn more about “southern beach culture,” which suggested that the term Flora-bama was “either unknown or though [sic] to refer strictly to the bar.” This justification is at least consistent with the core idea of trademark law. Nor was referential use required.

Artistic Work 62

Artistic Work Television Trademark Trademark Law 62

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.

Trademark 105

Trademark Branding Brands Branding 105

Copyright Lately

MAY 1, 2023

Uberduck’s interface allows users to upload reference tracks or even convert text directly to speech. ” Michael Nash, April 26, 2023 It’s unclear who exactly Nash was referring to when he said that “we” have remedies including under trademark and right of publicity law.

Music 84

Music Copyright Copying Copyright Law 84

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.

Trademark 78

Trademark Registering Trademarks Trademark Law Branding 78

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.

Trademark 105

Trademark Registration Branding Brands 105

IPilogue

JANUARY 14, 2022

Trademark Law. Parody in Trademarks is No Joke. In Subway IP LLC v Budway, Cannabis & Wellness Store , the Federal Court reaffirmed that parody is not a defence against trademark violation. While filing trademarks is important for brand protection, the examination stage can take upwards of two years to complete.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

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

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

The Court referred to the Supreme Court judgment in Laxmikant V. Please refer to my earlier post concerning Karnataka High Court judgment in M/S Adiga Sweets v. Jacob Jacoby in his article, “The Psychological Foundations of Trademark Law: Secondary Meaning, Generism, Fame, Confusion, Dilution.”

Trademark 59

Trademark Branding Brands Branding 59

Kashishipr

AUGUST 18, 2021

These intangible assets are often used in collaboration with other marks by the formation of a trademark portfolio, which consists of marks sharing a few characteristics and belonging to one entity. The issue of the distinctiveness of a family of trademarks was brought forth in the case of Pure & Simple Concepts, Inc.

Trademark 105

Trademark Registration Branding Brands 105

The TTABlog

NOVEMBER 6, 2023

Prior to passage of the Trademark Law Revision Act (TLRA) in 1988, "token sales and sporadic, casual, and nominal shipments of goods bearing a mark were insufficient to avoid a prima facie finding of abandonment." Peavey argued that "[a] mark is only abandoned when all trademark significance, including residual good will, is lost.”

Registration 58

Registration Branding Brands Branding 58

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. Citing the agreement, the defendant requested the suit to be referred to an arbitration. Sanjay Soya Private Limited v.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

AUGUST 16, 2021

PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes. Brands have been active on social media in recent years, trying to imbue their content with human like personality that endears customers to them rather than just putting out traditional advertising. Satchit Bhogle.

Social Media 72

Social Media Personality Rights Law Branding 72