IP Tech Blog

AUGUST 17, 2022

In particular, Tsingtao alleged that such use of its registered trademark created in the relevant users the impression that the small breweries’ beer and brand was somewhat related to Tsingtao Beer. 7) causing harm to other’s exclusive rights to use registered trademarks.”. 57 of the Trademark Law.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

IP and Legal Filings

JUNE 26, 2022

Thus, to simply put, when the two words are read together, the meaning of ‘trademark’ comes out as- a sign or symbol used in the course of business by a person. Definition of ‘trademark’ is provided under Section 2(1)(zb) of the Trademarks Act, 1999 (hereinafter the Act), which gives the owner of such marks certain exclusive rights.

Trademark 81

Trademark Registration Journalism Registering Trademarks 81

Intepat

NOVEMBER 14, 2022

Thus, it gives the trademark registration process a definite structure. The trademark classification of goods and services also enables people to conduct a trademark search. Imagine having to look through thousands or even lakhs of registered trademarks to find out if there is a mark that is similar to yours.

Trademark 98

Trademark Registering Trademarks Registration Music 98

LexBlog IP

JULY 12, 2021

On the other hand, the other register at the United States Patent and Trademark Office (USPTO) is the Principal Register. This article will compare each register, and explain the usefulness of each. What is a Supplemental Register Trademark? Supplemental vs Principal Register Comparison Table.

Trademark 52

Trademark Graphic Design Registration Registering Trademarks 52

Kashishipr

JUNE 9, 2021

Broadcast is a species of communicating a sound recording to the public: The court counted upon the definition of ‘broadcast’ under the Copyright Act, which indicated that this activity was a species of communication to the public.

Music 98

Music Licensing Television Copyright Infringement 98

Kashishipr

MAY 25, 2021

You may consider dedicating a page that illustrates the definite reposting policies. Another additional benefit of securing trademarks for blogs is where the blog is making commercial gains through advertising.

Intellectual Property 98

Intellectual Property Blogging Fair Use Registration 98

IP and Legal Filings

FEBRUARY 4, 2022

Plaintiffs saw an advertising for Defendants’ syrup/sharbat, which had the mark ‘DilAfza’ on it and was packaged in deceptively similar ringlet bottles to the ‘RoohAfza’ bottle.As Since 1949, the defendant corporation has been in the business of producing Unani medicines, syrups, and botanical items.

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Registration Trademark Trademark Law Marketing 66

43(B)log

FEBRUARY 16, 2024

Indeed, in recent years the Supreme Court has repeatedly emphasized the multiple benefits of registration to a trademark claimant, including in the recent cases of Matal v. I’ve left out the parts specific to registered trademarks and the reference to treaties. Tam and Brunetti, striking down various bars on registration.

Trademark 59

Trademark Fair Use Registration False Advertising 59

IP and Legal Filings

OCTOBER 28, 2023

TARNISHMENT Unauthorized use of famous mark which is offensive, inappropriate in connection with a similar mark or trade name.Tarnishmentmainly occurs when the product is contrary to the corporate values of the trademark owner and another form is to offend or criticize the trademark’s owner. “

Trademark 78

Trademark Registering Trademarks Trademark Law Branding 78

IIPRD

FEBRUARY 23, 2021

Trademark as Collateral in the US. In addition to registered trademarks at the USPTO, debtors can also pledge common law trademarks, which are trademarks not formally registered. They were able to invest in IP protection, research and development, and advertising.

IP 40

IP Intellectual Property Branding Brands 40

The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. Likewise, it makes no sense for a company not to have a firm understanding of its potential intellectual property assets.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

JULY 17, 2024

How can a mark be both scandalous/obscene, while at the same time being similar to an existing, registered trademark? In spite of this, the application was accepted and advertised in the Trade Marks Journal. When these two sections are cited together in an examination report, it creates a logical incoherency.

Trademark 86

Trademark Journalism Reporting Registration 86

LexBlog IP

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. Likewise, it makes no sense for a company not to have a firm understanding of its potential intellectual property assets.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

SpicyIP

JANUARY 2, 2022

This case involved Sun Pharmaceuticals allegedly infringing Cipla’s copyright and registered trademark. Google argued that even when the keyword is a trademark, it is never used in a ‘trademark sense’, thereby the invisible use of trademarks, as keyword, failing to meet the threshold to constitute infringement.

IP 136

IP Intellectual Property Copyright Trademark 136

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. The original filmography in the 2013 Documentary “captures many similar stunts, at greater length, in higher-definition film.” Plus, the 2001 Documentary was already published.

Fair Use 52

Fair Use Trademark Copyright Editing 52

IP and Legal Filings

NOVEMBER 27, 2022

Trademark refers to the cumulation of distinctive sign/symbol, design, or combination which is exclusively associated with the products or services helping the targeted customers identify the same easily. With the fast-growing media and entertainment sector, the era of digital advertising for product branding and selling has also stepped up.

Trademark 52

Trademark Branding Brands Branding 52

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 75

False Advertising Advertising Advertising Trademark 75

43(B)log

OCTOBER 4, 2021

My former student Grace McLaughlin has written an excellent note about the fact that these putative trademarks don’t serve human trademark functions—it’s very hard to remember them or distinguish one random string from another random string in terms of knowing what you’ve seen before—and has proposed some possible responses from the PTO.

IP 94

IP Trademark Advertising Advertising 94

Technology & Marketing Law Blog

JUNE 21, 2023

As I noted on Twitter , nothing in the opinion suggests that the display of parodies, jokes, or other messages on the surface of toys, T-shirts, or other types of expressive merchandise would, by itself, constitute a trademark use of another’s mark or trade dress. Is Jack Daniel’s a Speech-Protective Trademark Opinion?

Trademark 101

Trademark Blogging Trademark Law Fair Use 101