The IPKat

DECEMBER 17, 2021

It had to be decided how the marks would be perceived by the average consumer, in the relevant market, who is reasonably well-informed and observant, taking account of the type of goods and how they are marketed. The degree of similarity of the goods should be considered in relation to the degree of similarity of the marks.

Trademark 96

Trademark IP Registering Trademarks Branding 96

IIPRD

JANUARY 6, 2023

The upsurge of social media apps and their intervention in our lives have completely changed the marketing game for every business organization. Today, social networking and social media are becoming significant and considerable factors to make business strategies, particularly for marketing for all enterprises.

Social Media 52

Social Media Trademark Advertising Advertising 52

43(B)log

APRIL 29, 2022

Hawrych’s name, likeness, and trademark (‘Hawrych MD’) in various advertisements.” It was not enough to allege that the marketing materials were “misleading as to his present involvement.” Thus, the false advertising claim would be dismissed. The allegations related to the use of “M.D.” Hawrych” and “Dr.

False Advertising 59

False Advertising Advertising Advertising Registering Trademarks 59

IPilogue

FEBRUARY 28, 2022

However, the fate of the Gruyère trademark in Canada is still up in the air. Without a registered trademark, Gruyère producers expose themselves to the risk of dispute that may lead to a long and costly legal battle in Canada. As a result, this application has remained as “advertised” since November 1, 1995.

Trademark 106

Trademark Registering Trademarks Intellectual Property Advertising 106

SpicyIP

MARCH 10, 2024

Facts of the Case In this case, the Plaintiff, an incorporated company engaged in the manufacturing of dairy products under the trademark ‘NOVA,’ filed a suit against the Defendants for infringement and passing off of their registered trademark.

Trademark 59

Trademark Registering Trademarks Registration False Advertising 59

IP and Legal Filings

SEPTEMBER 21, 2022

But how do the businesses are so famous without marketing? If they do marketing, then how it is regulated and who does it? Online platforms do not gain this much popularity just by selling their products but with extensive marketing and planning. Thus, A Trademark is a really important asset for the business.

Trademark 52

Trademark Registering Trademarks Business Marketing 52

LexBlog IP

APRIL 19, 2023

Sellers need to be aware of competitor patents before introducing a product to the market. A mistake commonly made by Amazon sellers is putting the seller’s trademark on a product that was originally made by a third party without ensuring proper authorization was obtained from the third party to do so.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

43(B)log

FEBRUARY 15, 2022

Boost alleged that Woo engaged in a scheme to gain access to Boost’s confidential information and thereby replicate its beauty product. Defendants also allegedly unlawfully used variations of the Boost’s trademark “BoostLash,” as an adword. But we're here for the trademark parts of the case! 2:18-cv-02960-CAS-Ex (C.D.

Registering Trademarks 72

Registering Trademarks Confidentiality Trademark Advertising 72

LexBlog IP

MARCH 24, 2023

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.”

Branding 40

Branding Brands Branding Cease and Desist 40

azrights

JUNE 19, 2023

Tesco probably didn’t initially realise the wider ramifications of using the Clubcard name, so may have been satisfied with its advertising agency. Designers who undergo training emerge from courses curated by well-known designers that focus entirely on differentiation and positioning – effectively they’re taught marketing.

Branding 52

Branding Brands Branding Designs 52

Kashishipr

OCTOBER 13, 2021

Where it is a public sector entity, like a government initiative or a university, there is often the pressure of publishing and disseminating information at the earliest; whereas the private sector is usually free of such challenges, and major consideration is laid on the nature and value of the researched object or invention.

Patent Application 105

Patent Application Patent Inventor Invention 105

IIPRD

NOVEMBER 22, 2023

Influencing others via social media is one of the most influential and efficient method of marketing and they get good pay out from it. Ensuring Compliances of IP laws Trademarks and logos: On media platforms, names and emblems are commonly used to advertise companies and services, both visually and orally.

Social Media 59

Social Media IP Intellectual Property Copying 59

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. A Social Media Influencer is someone who creates unique material that keeps people interested on multiple social media platforms, causing them to return for more high-quality information.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

LexBlog IP

NOVEMBER 17, 2021

Kaira District Co-Operative Milk Producers’ Union Limited and Gujarat Cooperative Milk Marketing Federation Ltd. Kaira has registered the AMUL trademark in Canada for use in association with milk products. Kaira also established trademark infringement. Service – A Prerequisite for Default Judgment.

False Advertising 40

False Advertising Social Media Trademark Branding 40

IP and Legal Filings

JANUARY 31, 2023

Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The gaming and metaverse platform Roblox helped Gucci develop a variety of immersive themed locations that were inspired by the brand’s various advertising campaigns.

Law 87

Law Branding Brands Branding 87

43(B)log

JANUARY 5, 2024

Plaintiff has seven registered trademarks involving Florida Virtual School or FLVS; two of the registrations are incontestable. While multiple witnesses testified as to Plaintiff’s significant marketing and advertising efforts, that alone is not indicative of strength. Defendants market only their K12 brand nationally.

Branding 59

Branding Brands Branding Marketing 59

Kashishipr

JULY 21, 2021

The world’s largest markets for e-commerce are the United States of America, China, the United Kingdom, etc., In an e-marketplace, product or service information is provided by multiple third parties, whereas transactions are processed by the marketplace operator. Takedown notices, cease and desist notices, etc.,

Branding 105

Branding Brands Branding Cease and Desist 105

Kashishipr

JUNE 4, 2021

The relatively new advent allows the marketers to put the barcodes on several different items and allow smartphone users to scan them and discover more information. QR codes originated in the automotive industry and are now commonly used in advertising, payments, product tracing, and detection of counterfeits, etc.

Trademark 97

Trademark Intellectual Property Registration Trademark Law 97

LexBlog IP

FEBRUARY 26, 2023

The first trademark registered under this system was a Bass Brewery’s red triangle in 1876. The red triangle was chosen because it was easily recognizable and stood out on advertising materials. However, trademark protection in the U.S. However, trademark protection in the U.S.

Trademark 52

Trademark Designs Design Journalism 52

TraskBritt Intellectual Property

MARCH 22, 2021

Trademarks are powerful marketing tools that can help a potential customer not only to recall the associated brand but also to affiliate the words of the trademark with that brand. You may want to trademark a phrase to control how your brand is perceived in the minds of potential customers. A depiction of the trademark.

Trademark 52

Trademark Registration Registering Trademarks Branding 52

SpicyIP

FEBRUARY 13, 2023

Case: Harshal Kate vs Lok Sabha Secretariat on 8 February, 2023 (Chief Information Commission) The CIC dismissed the appeal against the CPIO’s refusal to disclose information sought on the research proposal made by one Dr. Shveta Singh, Fellow under the Lok Sabha Fellowship Program 2018-19.

Designs 52

Designs Design Trademark Cease and Desist 52

43(B)log

JUNE 26, 2023

REELZ allegedly told advertisers that the “working title” of the show was “PD Live,” and went so far as to announce that “REELZ ADDS #1 TV SHOW TO OUR PROGRAMS LINEUP” with “ALL NEW LIVE EPISODES.” Although the court is quite careful, this does seem to be TM/market analysis creeping into copyright.] Bad faith was plausibly alleged.

Social Media 59

Social Media Copying Fair Use Advertising 59

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

SpicyIP

JULY 22, 2024

Part II- An Empirical Analysis of ‘Scandalous’ and ‘Obscene’ Trade Marks in India Image by storyset on Freepik Continuing the discussion based on empirical data around the absolute ground of refusing to register the mark for being obscene or scandalous, in Part II of their post Prof. Dabur India Ltd.

Registering Trademarks 76

Registering Trademarks Licensing Trademark Advertising 76

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

IP and Legal Filings

JANUARY 22, 2023

It is simply the unauthorised use of the exclusive rights associated with a registered trademark without the owner’s or licensees’ consent. They might improperly profit from the well-earned reputation of the registered trademark. On the other hand, Defendant No. 1 is Imperial Cycle Mfg. Defendant No.

Trademark 79

Trademark Registering Trademarks Social Media Business 79

Erik K Pelton

NOVEMBER 3, 2020

a great trademark: Marketing department. Television advertising. There are decisions about expenses that tug at small business owners every single day—rent, new equipment, software programs, advertising budgets, personnel, and many more. Here are some of many things a business does not need in order to have.

Business 130

Business Trademark Cease and Desist Branding 130

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. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

DECEMBER 24, 2023

The Court restrained the Defendants from manufacturing and marketing the drug, but given the importance of the drug in treating diseases such as cancer, allowed the Defendants to exhaust the stock available with them. Inventprise Inc. vs The Controller of Patents & Anr. 6 of the Biological Diversity Act. and Ors. , Dabur India Ltd.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

43(B)log

SEPTEMBER 11, 2023

Here, I think we might be starting to see what a post-Abitron, post-JDI world could look like: courts may begin to reestablish distinctions between registered trademarks and unregistered matter protected by unfair competition law, based this time on statutory interpretation rather than conceptual categories. Intent was neutral.

Advertising 69

Advertising Advertising Marketing Marketing 69

SpicyIP

DECEMBER 17, 2023

From conflicting positions on AI as a co-author of a work to the contours of information required u/s 39 about the patent applications filed abroad, we had some engaging posts on this blog this week. Dabur India Limited vs Mi Lifestyle Marketing Global Pvt. Hons) student at Hidayatullah National Law University, Raipur. and Ors. ,

IP 59

IP Trademark Advertising Advertising 59

Kashishipr

AUGUST 3, 2022

Whether you are considering filing your first Trademark Application or you own plenty of Registered Trademarks , you must know and understand that the first step to getting your trademark is distinctiveness. The ultimate question in this scenario is, “What makes your products, name, or logo stand out in the market?”

Trademark 52

Trademark Registering Trademarks Registration Branding 52

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. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. This case involved Sun Pharmaceuticals allegedly infringing Cipla’s copyright and registered trademark.

IP 136

IP Intellectual Property Copyright Trademark 136

SpicyIP

AUGUST 18, 2024

Imagine Marketing Ltd. The plaintiff is the owner of the domain name, [link] and uses its trademark ‘boAt’ over several e-commerce websites. Merryvale Limited vs John Doe And Ors on 12 August, 2024 (Delhi High Court) The Court decided in the favor of the plaintiff and granted an interim injunction for trademark infringement.

Registering Trademarks 78

Registering Trademarks Trademark Cease and Desist Copyright 78

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

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Trademark use can show up in some surprising places.

IP 94

IP Trademark Advertising Advertising 94