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To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Trademark and Halloween Costumes. The other major part of the question is trademark. Trademark infringement, however, isn’t like copyright. Copyright and Halloween Costumes.
the Super Bowl moves billions of dollars, mainly through advertising. THE SUPER BOWL TRADEMARK in 1969 In 1969, the NFL trademarked “Super Bowl”. Since then, it has made a conscious effort to enforce this trademark. In 1969, the NFL trademarked “Super Bowl”. Arguably the most important sports event in the U.S.A.,
Introduction Trademarks are an important division of Intellectual Property Rights (IPR) as it considerably contributes in identification and promotion of a product. A well- known trademark helps the consumers in spotting the difference between similar products by educating them about the product which results in informed choices.
You have conducted your own market research and you are not aware of anyone else using this trademark. Your marketing team prepares advertisements, packaging – perhaps even signage. Your product is a huge success and customers recognize your trademark. Our IP Team would be pleased to discuss the trademark process with you.
I am particularly sensitive to the trademark challenges that small businesses face for several reasons. Pelton & Associates, to advise and counsel others about trademark protection. Believe it or not, I even had to face changing my brand name early on as a result of receiving a cease and desist letter!
Trademarks provide multiple crucial advantages to businesses and customers alike. Trademarks also carry all the image and reputation a brand builds over the years. Furthermore, inconsistent or improper use of a trademark can obstruct its owner’s ability to enforce the trademark rights in a given brand.
Generic Trademarks: An Introduction. A trademark refers to a name, mark, or sign through which the products belonging to a company or a person can be distinguished from other products in the market. Primarily, trademarks perform four functions. Firstly, trademarks help distinguish one product from another in the market.
Alpino Health Foods Recently, the DHC passed an order prima facie finding that Marico’s “Saffola oats” TM was “generically disparaged” by Alpino’s advertisements. The Court noted the expiration of the license and the respondents’ registered trademark rights.
A dispute has emerged between the NFL, the Las Vegas Raiders, and the Dimopoulos Law Firm over the NFL and the Raiders threatening to sue the firm for trademark infringement. The Dimopoulos Law Firm alleges that the NFL’s cease-and-desist letter is unfounded.
After filing 13 lawsuits in 2023 claiming trademark infringement, deceptive trade practices, and false advertising related to the pharmaceuticals Ozempic and Wegovy, Novo Nordisk—a 100-year-old pharmaceutical company with its origins in Denmark—is once again making headlines.
Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Trademark violation raises significant issues. Cybersquatting is another type of trademark infringement.
Besides the sticker promos, the plaintiffs also ran into several advertisements on Facebook and even flyers in physical stores throughout Atlanta. Flyers As shown above, these flyers advertised the IPTV streaming service as an “Authorized Retailer” for Dish and Sling, which people could “WATCH FOR $7/mo.”
We are pleased to bring our readers a guest post by Abhijay Srekanth and Vivek Basanagoudar on interaction of trademarks with free speech. Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute. Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice.
The Summer Olympics starts in just a few days, and with it comes a flurry of cease-and-desist letters from the U.S. The Olympics benefits from extra special trademark protection here in the United States. When advertisers use the Olympics brand without authorization, the USOC views this as a loss of sponsorship dollars.
Case Summaries Resilient Innovations Private Limited vs Waterbot Online Solutions Private Limited on 17 April, 2025 (Delhi High Court) The plaintiff filed a suit seeking permanent injunction against copyright and trademark infringement, passing off and other ancillary reliefs, against multiple defendants. 63(4)(c), BSA.
YouTube Vanced (or just Vanced, for those who dislike trademark issues) is the work of Team Vanced at XDA Developers. Speculation that the team had received some sort of legal threat weren’t answered directly but a member of the team strongly hinted that a cease-and-desist may have been received. YouTube Vanced.
A named defendant and others yet to be fully identified now face a full-blown lawsuit after allegedly failing to comply with the terms of a cease-and-desist notice. These matters in the U.S. sit in stark contrast to events currently unfolding in Canada’s Federal Court. and 30 days for $19.99.
It is difficult to remember a time when keyword advertising did not dominate the internet. Most search engines, such as Google, Bing, and Yahoo, maintain keyword advertising programs which allow advertisers to bid on search terms and keywords that drive customers searching for a particular product or service to their website.
Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. Is this however a case of trademark infringement? Trademark or Unfair Competition? And, why is this important?
Once you have a registered trademark, there are certain “good practices” that you should consider following in order to strengthen that mark. In general, trademarks become stronger as they become better known in the marketplace. Patent and Trademark Office” or “Reg. By: Sharon Urias, Esq.
Trademark bullying has always been a cause for concern because it spells out overstepping the line, monopoly and power all in one place most of the times. As the name suggests, trademark bullying happens when a registered trademark owner, without justifiable reason, threatens or tries to threaten another trademark owner with legal action.
TRADE MARKS Lise Charles (WTR) provides an overview of the most-read posts on Word Trademark Review (WTR) on European trade mark case law over the past year, including analyses of cases dealing with issues such as unconventional signs (i.e., disputes between domain names and trademarks).
Can you expedite a US trademark application? While it’s not impossible, bumping up a US trademark application can only occur under very limited circumstances. Actually, it is significantly more difficult to expedite a trademark application than a patent application. So this extraordinary remedy is limited by design.
Defendants allegedly copied key components of Trackman’s copyrighted software and falsely suggested, in promotions and advertisements, that defendants were authorized to use the well-known courses in their game. Although the court dismissed a contract claim, copyright and false advertising claims survived.
From that transaction, Energy owns multiple trademark registrations including the three at issue in this case, U.S. Energy claims FTA promotes and provides its services using trademarks and trade dress that are confusingly similar to the Energy Marks and trade dress. Registration Nos. The case was assigned to Judge Richard L.
A trademark can be referred to as a recognizable sign, word or symbol that can be used to denote and distinguish a specific product or service from others. Some examples of popular trademarks that have become genericized over time are ‘Cellophane’ tape, ‘Escalator’, ‘Thermos’, and ‘Aspirin’ among so many others.
A Las Vegas attorney is suing the NFL's merchandising and licensing arm and the Las Vegas Raiders, saying his firm received a cease and desist letter that accused the firm of engaging in unauthorized use of the Raiders' marks in an advertisement even though no such mark was shown in the ad.
Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? The court begins with findings of fact, lavishing attention on the show’s plot and popularity.
Online advertisers bid to use keywords from search engines that feature famous brand names to divert customers to their website which damages the brand’s reputation. In this blog, we will see brands and trademarks on the internet and how to protect them from infringement. Domain names and trademarks. Protecting brands.
A dispute has emerged between the NFL, the Las Vegas Raiders, and the Dimopoulos Law Firm over the NFL and the Raiders threatening to sue the firm for trademark infringement. The Dimopoulos Law Firm alleges that the NFL’s cease-and-desist letter is unfounded.
Defining Trademark A “trademark” is a mark which is used for a commercial purpose. How do trademarks function? Trademarks reduces the chance of confusion: Trademarks helps in preventing confusion in the minds of consumers by indicating the source and quality of the product, they are intending to use.
This article will discuss the various tactics our Amazon seller attorneys use to enforce trademark rights and maintain control over our clients’ distribution networks. Almost inevitably, the counterfeit products are of inferior quality and are sold leveraging your brand name, trademark, and intellectual property rights.
The trademark law firmly establishes that a trademark owner reserves the exclusive right to use the trademark and enforce the same. Such groundless threats are commonly achieved by sending cease and desist letters or legal notices threatening the recipient with legal proceedings.
Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.
Stephen Mouka issued a Cease and Desist Notice to the public after an X user created and shared a limited merchandise bearing the slogan. Furthermore, Nollywood actress Ann Njemanze sued famous filmmaker Zeb Ejiro and Filmone Entertainment and Film Trybe Media for infringing on her copyright and trademark of “DOMITILLA”.
Invisible Narratives claims to own the copyrights and trademarks to the series. Further, YouTube disabled access to Season 25 of Skibidi Toilet in response to Next Level’s DCMA Takedown Notice, which caused Invisible Narratives to lose streaming revenue from advertising placement.” ” with over 18B views.
29, 2021) This is part of a long-running trademark case, now over 10 years old. were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. Sturgis Motorcycle Rally, Inc. 2021 WL 1176242, No.
The problem of counterfeiting not only puts brands at risk of their trademarks, brand value, and goodwill getting damaged but also puts consumers at the risk of receiving sub-standard quality products, which may ultimately affect their health and wellbeing. Takedown notices, cease and desist notices, etc.,
The NCAA Men’s Basketball Tournament is a major revenue generator for the NCAA, with millions of dollars in advertising and broadcasting deals at stake. One of the key elements of the NCAA’s intellectual property rights is the trademark for the phrase “March Madness.”
There is the famous example of NYU data researchers who received a cease-and-desist letter from Facebook/Meta for doing research on Facebook’s algorithm. Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel. Or, for whatever reason, just don’t want people accessing their data.
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.
Pharmaceutical Trademark Confusion: Poison Pill or Public Health? Tata SIA Airlines, vacating the ex parte interim injunction granted against Vistara’s use of term “Fly Higher” in its advertisements. Exams for selection of trademark agents scheduled for May 2023, after a gap of 10 years. Highlights of the Week.
Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.
Under Section 45 of the Trademark Act, a mark shall be deemed abandoned "[w]hen its use has been discontinued with intent not to resume use. Nor was there any evidence of advertising. The Board held that "an intent to sell a trademark separate and apart from an ongoing business supports finding an intent not to resume use (i.e.,
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