Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. The trademark owner memorably (and ridiculously) characterized the rival as engaging in “keyword conquesting,” a term I encourage you never to use. The court already sent that trademark claim to the jury ( my blog post on that ruling ).

Trademark 98

Trademark Advertising Advertising False Advertising 98

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may. What is Trademark Dilution?

Trademark 98

Trademark Registering Trademarks Trademark Law Brands 98

IP and Legal Filings

AUGUST 29, 2023

Can their names be officially protected under trademark laws?At At first, it might seem a little confusing as Trademarks are like- ‘special signs’ that help us know where products or services come from. ” This term is descriptive in nature, as evidenced by its dictionary definition.

Trademark 98

Trademark Trademark Law Law Advertising 98

SpicyIP

MARCH 3, 2022

What implications does this have for trademark law? For starters, a body-part, being a ‘built-in aspect’ of the human anatomy, would be automatically barred from trademark protection, due to its generic character. Contemporary trademark jurisprudence has opened the gates for protecting non-conventional trademarks.

Trademark 122

Trademark Trademark Law Intellectual Property Advertising 122

TorrentFreak

JULY 17, 2024

That the loudest voices continue to import mountains of Chinese-manufactured goods, including items that in some cases violate copyright and trademark laws, serves to illustrate why differences on IP enforcement are likely to continue. Other conundrums, including IP rights owned by U.S.

Reporting 120

Reporting Intellectual Property Cinema Advertising 120

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

.” Clearly, the second part of that definition targets Amazon and other major marketplaces, such as eBay, Walmart Marketplace, and Etsy. The first part of the definition includes services with “publicly interactive features that allow for arranging the sale or purchase of goods.”

Trademark 144

Trademark False Advertising Advertising Advertising 144

IPilogue

AUGUST 4, 2022

On June 3, 2019, Judian became aware of an advertisement for sale of the trademark on an online marketplace, VanSky. The Court evaluated many definitions of “bad faith,” as it was not defined in Bill C-86, which introduced the new s.18(1)(e) The Decision. 18(1)(e) of the TMA.

Trademark 114

Trademark Registration Design Designs 114

IP and Legal Filings

DECEMBER 17, 2024

The Trademark law in India, known as Trade Marks Act, 1999, comes into force according to the rules established under the International Principles laid down in TRIPS (Trademark-Related Aspects of Intellectual Property Rights Agreement).

Trademark 52

Trademark Brands Branding Branding 52

43(B)log

APRIL 17, 2023

The court dismissed most of Quincy’s claims (counterfeiting, trademark infringement, and false designation of origin) except for false advertising—a rare (and conceptually sound) approach that other, non-default cases could benefit from. But the unauthorized sale of a genuine product does not violate trademark law.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

SpicyIP

MAY 18, 2022

The Indian Trade Marks Registry is also seeing activity under classes 9, 35 and 41 for registration of trademarks in relation to ‘downloadable virtual goods’ and online virtual services. The definition of these terms is unclear. Some examples under class 9 include: S.No. Application date. Description (shortened).

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

JIPL Online

FEBRUARY 26, 2021

com” at after a generic word, “Booking,” still makes “Booking.com” generic within traditional trademark law [xiv] and (2) the fact consumer identify “Booking.com” doesn’t change the fact that it is still generic and thus ineligible for trademark registration. [xv] at 2304 (2020) (describing the definition of a “generic” term).

Trademark 98

Trademark Registration Trademark Law Advertising 98

IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] When a mark is graphically represented and can distinguish the goods and services of one proprietor from another, it can be registered as a trademark. [9]

Registration 98

Registration Trademark Trademark Law Law 98

Technology & Marketing Law Blog

AUGUST 5, 2022

The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” Still, the court acknowledges that its resolution while definitive is only as between the two parties (i.e., Social Media and Trademark Law” Talk Notes. The court also found “Ms.

Social Media 119

Social Media Ownership Business Brands 119

IP and Legal Filings

OCTOBER 11, 2022

Starting from an Actor promoting tourism advertisements to a cricketer promoting daily life snacks, we live in a celebrity-driven economy. But as the case may be, here interpreting the definition of the performer mentioned in the Copyrights Act will not provide a complete harbor to the person as mentioned under Personality Right.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

IP Tech Blog

AUGUST 17, 2022

57 of the Chinese Trademark law. The article provides as follows: “ Any of the following acts shall be deemed as infringement of exclusive rights to use registered trademarks: . (1) 7) causing harm to other’s exclusive rights to use registered trademarks.”. 57 of the Trademark Law. The MSA Decision.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

LexBlog IP

SEPTEMBER 22, 2022

“The first step in determining whether an unregistered mark or name is entitled to the protection of the trademark laws is to categorize the name according to the nature of the term itself.” Showing your sales and advertising. Platinum Fin. 3d 722, 727 (7th Cir. ” Int’l Kennel Club of Chi., ” Id.

Social Media 52

Social Media Advertising Advertising Trademark Law 52

The TTABlog

NOVEMBER 6, 2023

But after 2013, when Respondent last advertised the CS amps in its domestic catalogs, domestic sales plummeted, rapidly dwindling to single digits and then zero at some points in the critical 2016-2021 time frame. Peavey argued that "[a] mark is only abandoned when all trademark significance, including residual good will, is lost.”

Registration 61

Registration Brands Branding Branding 61

43(B)log

AUGUST 9, 2024

Mary Catherine Amerine, Reasonably Careless Consumers in False Advertising and Trademark Consumers can devote much more (or less) time to a decision than seems rational for the amount of risk/benefit in their lives. Court expects consumers to be reasonably prudent in both TM and false advertising. But, surprise!

Trademark 59

Trademark False Advertising Advertising Advertising 59

IPilogue

JANUARY 14, 2022

DABUS was granted patents in Australia and South Africa, with the Federal Court of Australia citing that while only humans can be owners, the definition of “inventor” is more flexible. Trademark Law. Parody in Trademarks is No Joke. Currently, under Quebec’s French-language laws, both registered and unregistered (i.e.,

IP 105

IP Copyright Infringement Inventor Intellectual Property 105

SpicyIP

JANUARY 2, 2022

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. Merck Sharp and Dohme v. SMS Pharmaceuticals [Delhi High Court].

IP 143

IP Intellectual Property Copyright Trademark 143

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.

Registration 93

Registration Trademark Trademark Law Marketing 93

Technology & Marketing Law Blog

OCTOBER 19, 2021

Nor could Google place ads in Plaintiffs’ marketing brochures or superimpose ads on top of Plaintiffs’ print advertisements without Plaintiffs’ permission and without paying Plaintiffs’ price. By definition, those updates change the previous website renderings to a new website rendering. Are we really doing this again? Implications.

Licensing 105

Licensing Copyright Contracts Advertising 105

Technology & Marketing Law Blog

JULY 17, 2023

In addition, the opinion has important ramifications for domestic trademark law through its identification of “use in commerce” as the actionable domestic conduct. Now in trademark law, extraterritorial reach is a simple on-off switch: Is there use in commerce or not?

Blogging 75

Blogging Trademark Litigation Law 75

The IP Law Blog

JANUARY 12, 2023

Items that were developed or created through the use of independent contractors, such as consultants, photographers, website and application developers, software developers, advertising agencies, graphic artists, production companies, and the like, may be company assets depending on contract terms.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Intepat

MAY 16, 2023

Through various case laws, the scope of publicity rights has been expanded by the Indian judiciary. The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks. The definition clause under Sec. Under this Act, Sec.

Branding 98

Branding Brands Branding Personality Rights 98

IP and Legal Filings

SEPTEMBER 8, 2023

Taking ‘odour’ as the basic constituent, plain elucidation of the chemical substance used would not be sufficient or lets say is not an acceptable standard for registering as a trademark. dissimilarity between the existing marks either in terms of shape, size, color, picture serves the essentials of a trademark.

Trademark 52

Trademark Registration Marketing Marketing 52

IP and Legal Filings

JULY 5, 2023

Examples of service categorization classes include: Advertisement, business administration, business management, and office functions are all part of Class 35. Trademark law prohibits the registration of a mark that indicates the nature of the goods. Class 41: Education, training, amusement, and so on. Avoid well-known brands.

Trademark 59

Trademark Registration Brands Branding 59

SpicyIP

DECEMBER 30, 2023

The Court held that “diagnostic” under Section 3(i) should neither be construed narrowly, limited to only in-vivo or definitive diagnosis, nor broadly to include any process “relating to” diagnosis. The central issue here was whether Section 3(i) is restricted to only in vivo tests practices on the human body. Bolt Technology v.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

OCTOBER 23, 2024

This is a major ruling validating the legitimacy of competitive keyword advertising, which occurs when an advertiser purchases and displays ads triggered in response to third-party trademarks. Recently, the “ Second Circuit Tells Trademark Owners to Stop Suing Over Competitive Keyword Advertising.”

Trademark 105

Trademark Advertising Advertising False Advertising 105

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. There have been some court decisions on this precise topic, but the law is not completely settled. But what rights do you have to what it creates for you? Like speeding.

Designs 52

Designs Design Trademark Copyright 52

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.”

Fair Use 52

Fair Use Trademark Copyright Editing 52

SpicyIP

JULY 17, 2024

Aditya Gupta is a lawyer by training and is presently working on issues that fall at the intersection of IP law, freedom of expression, and business strategy. His primary focus is on trademark law and the intersection of finance and social networks. Vijay V Venkitesh is a data scientist and Research Associate at IIMA.

Trademark 109

Trademark Journalism Reporting Registration 109

IP and Legal Filings

FEBRUARY 20, 2024

Consumer rights abuses, deceptive advertising, and unfair commercial practices are examples. However, it may be more appropriate to consider trademark law as a comparable framework for comprehending the extent of the personality right. National Law School of India Review , 31 (1), 125–148. L., & Lemley, M.

Personality Rights 92

Personality Rights Privacy Social Media Intellectual Property 92

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. That doesn’t mean that 43(a) couldn’t go beyond classic trademark protection. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

43(B)log

FEBRUARY 3, 2023

Rierson, Trademark Law and the Creep of Legal Formalism Various rules w/in TM law have been codified that we seem to be treating more as formalistic labels or bright line rules when a more practical approach is preferable in TM context instead of leaning on labels. I don’t think that’s true either. 3) Functionality.

False Advertising 45

False Advertising Trademark Advertising Advertising 45

43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? PTO very occasionally recognizes this—weave pattern for Bottega Veneta, looked at the definition of the mark and said no one would notice the millimeter width of the weave. 1A and © public domain seem to answer the market definition Q.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

43(B)log

OCTOBER 4, 2021

Another way to put it is that aesthetic functionality requires you to have an understanding of the definition of the market in which other clothing makers should be free to compete. This analysis does make some sense, but raises the question of what the how to identify what counts as a “significant” disadvantage.

IP 94

IP Trademark Advertising Advertising 94