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. photographs or product renderings) on listings, product packaging, advertising materials, and instruction manuals.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 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

IP and Legal Filings

MARCH 28, 2023

Marks that are so well-known, highly regarded, or famous that governments have determined they warrant protection regardless of whether their unauthorised use is likely to lead to consumer confusion are protected by trademark dilution. This is known as trademark dilution. News reporting and news commentating done in any form.

Trademark 73

Trademark Branding Brands Branding 73

The TTABlog

AUGUST 30, 2023

SS Vape Brands, Inc. If that were the case, having a famous mark would entitle the owner to a right in gross, and that is against the principles of trademark law." The Board has long recognized that the 'Internet is such a pervasive medium that virtually everything is advertised and sold through the Internet.'"

Designs 56

Designs Design Branding Brands 56

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

NOVEMBER 8, 2023

Prashant and Balaji’s well-worded Special Report: The Smoke & Mirrors Surrounding the Approval of Bedaquiline examined the issue in detail. Trust me, the issue was super-intense with discussions spread across several interconnected fronts, including reporting (see also ), RTIs (see also ), advocacy , activism , and WHO. “Ad-word”

Trademark 59

Trademark Publishing Journalism Copyright 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. Delhi High Court directs Registry to advertise KFC’s ‘Chicken Zinger’ trademark. Delhi High Court Imposes Costs worth INR 2 Cr. on Triveni Interchem Pvt.

Designs 52

Designs Design Trademark Cease and Desist 52

Copyright Lately

MAY 1, 2023

” On April 26, UMG held an earnings call in which it reported that revenues rose 11.5% It’s a new issue and there’s been some fresh reporting on it with some recent developments. year over year to $2.71 And we’re happy to have the opportunity to be very, very clear about our view of the legal landscape.

Music 84

Music Copyright Copying Copyright Law 84

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. As a result, the plea was dismissed.

Registration 66

Registration Trademark Trademark Law Marketing 66

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. 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

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

Intepat

DECEMBER 4, 2023

In recent years, this economic potential has attracted global brands to expand into the Indian market. If you are a brand looking to establish a presence in India, your first step should be to secure your trademark and its associated rights. During the hearing, the applicant’s attorney presents arguments for acceptance.

Trademark 52

Trademark Branding Brands Branding 52

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.

IP 143

IP Intellectual Property Copyright Trademark 143

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’. Given, only a familiar brand name, a host of relevant and important information can be efficiently called into consciousness.”

Trademark 59

Trademark Branding Brands Branding 59

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

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

DECEMBER 30, 2023

The third category lists notable developments on the legislative and policy side and includes important amendments, proposals for amendments, release of policy notes and reports etc. So, if you have strong opinions on orders/judgements that you think should’ve been included in the top 10 lists, please do share them in the comments below!

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

FEBRUARY 1, 2023

VIP Products, Jack Daniel’s, the maker of the popular whiskey brand, filed a lawsuit against VIP Products, a company that sells a dog toy shaped like a whiskey barrel. Jack Daniel’s argued that the toy infringed on their trademark, as the shape of the whiskey [bottle] is closely associated with their brand.

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. People are notoriously bad at reporting on their own mental processes and that’s what we’re asking them to do. Some objections go to the weight of the evidence.

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

43(B)log

OCTOBER 4, 2021

For about a decade, courts had realized that IIC had gone way too far, and had expanded liability in ways that didn’t protect consumers and facilitated anticompetitive claims about false advertising. The court or appeals also commented that relying on IIC might change the available damages and relief—but how exactly?

IP 94

IP Trademark Advertising Advertising 94

Patently-O

DECEMBER 12, 2021

21] Under this test, Ginger Rogers and the estate of Fred Astaire could not prevent a filmmaker from using the title “Ginger and Fred” in a fictional film because the use was “clearly related to the content of the movie and is not a disguised advertisement for the sale of goods or services or a collateral commercial product.” [22]

Registration 69

Registration Government Advertising Advertising 69