IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement.

Trademark 89

Trademark Social Media Advertising Advertising 89

Selvam & Selvam Blog

MARCH 28, 2022

Through this, the former aims to monopolize the market and kick out any remotely similar business operating under the mark. This is often perceived as a means of brand building and a way to assert and secure their position and goodwill in the market to avoid losing customers or market share to the smaller entities.

Cease and Desist 40

Cease and Desist Trademark Due Diligence Intellectual Property 40

TorrentFreak

MARCH 10, 2022

Indeed, we report way more than they do but according to van Voorn, the North American market is being hit hard. The sites are taken down in a number of ways, from cease-and-desist warnings to full-blown litigation. The archived site image below shows that an alternative was also displayed on the site itself.

Cease and Desist 92

Cease and Desist Reporting Advertising Advertising 92

Technology & Marketing Law Blog

MAY 13, 2024

For the trespass to chattels claim, the court quoted Hamidi in saying that “[s]hort of dispossession, personal injury, or physical damages (not present here), intermeddling is actionable only if the chattel is impaired as to its condition, qualify, value, or. Facebook objected and sent a cease-and-desist letter.

Blogging 97

Blogging Contracts Cease and Desist Social Media 97

Intepat

MAY 28, 2024

The logo, consisting of a stylized apple with a bite taken out of it, is instantly recognizable amongst the consumer base and needs no introductions amongst the market & trade channels. has invested heavily in marketing and brand promotion, making its trademark well-known to consumers. Prior Registration and Use: Apple Inc.

Trademark 52

Trademark Intellectual Property Branding Brands 52

The IPKat

JANUARY 2, 2022

v EUIPO | Case T-509/19) and the importance of presenting valid arguments for the existence of a link between the marks - even in the case of marks with an exceptional reputation ( Puma v EUIPO | Case T-71/20). Verena von Bomhard (BomhardIP) presented a summary of trade mark cases before the EU Courts in Luxembourg from 2021.

Blogging 125

Blogging IP Non-Fungible Tokens Cease and Desist 125

The IPKat

AUGUST 8, 2021

In an interesting decision from June this year, the General Court considered that, even if the intervener’s filing of the EUTM application in question had taken place after the applicant had presented its modernization plan, this was not sufficient to establish that there had been any bad faith on their side. 104/18 P) ).

Cease and Desist 127

Cease and Desist Registration Business Marketing 127

Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. the pop-up is not a joke nor is it a presentation of ridicule or satire.”.

Blogging 94

Blogging Social Media Television Fair Use 94

IP Tech Blog

AUGUST 17, 2022

The case was adjudicated in 2022 by the Weihai Market Supervision and Administration Bureau of Shandong Province in favor of Tsingtao Brewery and has been selected as a model trademark enforcement case by the State Administration for Market Regulation. The present case is different. Tsingtao’s choice. b) Trademark Exhaustion.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

Technology & Marketing Law Blog

DECEMBER 13, 2023

In return for users agreeing to the TOU, Craigslist provides services to its users “including but not limited to classified advertising, forums, and email forwarding.” And to characterize zero-click online terms of use that are imposed by cease-and-desist letter as enforceable contracts is horrible policy and bad law.

Blogging 81

Blogging Copyright Contracts Cease and Desist 81

Technology & Marketing Law Blog

DECEMBER 15, 2021

In making this finding I draw an adverse inference from Defendant’s failure to initiate litigation against Plaintiff…by November 19, 2018, Defendant was using the DMCA Takedown Notices to suppress a market competitor rather than to enforce a legitimate good faith claim of copyright infringement. MGA Entertainment.

Registration 114

Registration Fair Use Copyright Designs 114

SpicyIP

FEBRUARY 13, 2023

Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013. Delhi High Court directs Registry to advertise KFC’s ‘Chicken Zinger’ trademark. 2 crores with the Registrar General of this Court, within one month”.

Designs 52

Designs Design Trademark Cease and Desist 52

The IPKat

JANUARY 6, 2022

Darren Meale of Simmons & Simmons presents the tenth volume in his rundown of notable trade mark cases over the past six months. Few opponents prefer to jump straight into court action, with oppositions typically the preference when a cease and desist letter fails to get the right reaction. Here we go!

Registration 96

Registration Cease and Desist Branding Brands 96

Kluwer Copyright Blog

NOVEMBER 24, 2021

Injunctive relief (Section 97(1) UrhG) and cease and desist agreements. The BGH stated in 2018 that when interpreting (contractual) cease and desist agreements in cases of doubt cease and desist obligation must be interpreted as meaning that its effect has the same scope as the statutory claim for injunctive relief.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Trademarks perform the following functions- Trademark or logo helps identify the goods and services easily: A trademark serves as a means of identification for a certain brand, corporation, or other entity, allowing it to be clearly distinguished from the other brands on the market.

Business 52

Business Trademark Registration Cease and Desist 52

SpicyIP

DECEMBER 24, 2023

Other Posts Journey Through “Novembers” on SpicyIP (2005 – Present) Sift through the pages of November(s) posts on SpicyIP in another round of SpicyIP flashbacks by Lokesh. If the Expert Committee, so opines, any senior official may be contacted from CGPDTM, who may also be present before the Exert Committee for rendering assistance.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

SpicyIP

NOVEMBER 21, 2022

Tata SIA Airlines, vacating the ex parte interim injunction granted against Vistara’s use of term “Fly Higher” in its advertisements. The court relied on the studies conducted by Lumen and “large volumes” of cease and desist complaints to prima facie establish that the App is a rogue website and deserves to be blocked as a whole.

IP 74

IP Cease and Desist Patent Music 74

SpicyIP

AUGUST 18, 2024

Imagine Marketing Ltd. The plaintiff alleged that despite the injunction, the defendant continued to manufacture, market and sell the camphor products with the impugned trade dress and packaging. In the present order, the Court issued a permanent injunction restraining the defendants from using the impugned mark.

Registering Trademarks 82

Registering Trademarks Trademark Cease and Desist Copyright 82

Technology & Marketing Law Blog

JUNE 21, 2023

Some of those uses will not present any plausible likelihood of confusion—because of dissimilarity in the marks or various contextual considerations. VIP Products (Guest Blog Post) appeared first on Technology & Marketing Law Blog. The post Resolving Conflicts Between Trademark and Free Speech Rights After Jack Daniel’s v.

Trademark 101

Trademark Blogging Trademark Law Fair Use 101