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Understanding Copyright, Trademark and Halloween Costumes

Plagiarism Today

First, design elements that are “physically or conceptually separate” from the article can be protected. Characters are often protected by copyright, even if their fashion is not, but they are also routinely protected by trademark. Trademark infringement, however, isn’t like copyright.

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Trademark Infringement in the Digital Age

IP and Legal Filings

The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement. Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising.

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Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute

SpicyIP

On 2 nd December 2021, Mason Rothschild began advertising an NFT collection of fur-covered Birkin-like handbags that he designed, advertising them as ‘METABIRKINS’. Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice. Ltd vs Google India Pvt.

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How to Expedite Trademark Application: When and how can you speed up your trademark examination process?

Patent Trademark Blog

Actually, it is significantly more difficult to expedite a trademark application than a patent application. To speed up patent applications, you have options like Track One and Rocket Docket for utility and design applications, respectively. So this extraordinary remedy is limited by design.

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From Fruit to Fortune: Apple’s Trademark Journey and Their Fierce Protection Strategy

Intepat

This success is largely attributed to Apple’s effective trademarking of various designs and sounds related to its products and services. Notably, Apple trademarked its store design in the United States in 2011. Cracking the Code: What Sets Apple’s Trademark Apart?

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Groundless threat of trademark infringement: Is Section 142 a means to combat trademark bullying?

Selvam & Selvam Blog

Such groundless threats are commonly achieved by sending cease and desist letters or legal notices threatening the recipient with legal proceedings. Lately, this has been called out as ‘ trademark bullying’ and recently, BigBasket and DailyBasket were involved in a tussle over the word ‘Basket’.

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China: Recycled Packaging and Trademark Infringement, a Questionable Decision in the Tsingtao Beer Case

IP Tech Blog

While a trademark administrative procedure would end within a few days with a peremptory order to cease and desist the illicit use of the bottles and a fine for the infringer, an unfair competition/trade dress lawsuit could last for 12 months and would be more expensive. 57 of the Trademark Law. Tsingtao’s choice.

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