Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern. Many companies exploit renowned person identities without obtaining proper consent, leading intellectual property experts to advocate for the safeguarding of image rights through registration under Intellectual Property laws.

Intellectual Property 90

Intellectual Property Registration Trademark Personality Rights 90

Technology & Marketing Law Blog

AUGUST 30, 2023

This is a competitive keyword advertising lawsuit. The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising.

Advertising 87

Advertising Advertising False Advertising Trademark 87

Erik K Pelton

DECEMBER 20, 2022

And the number of active trademark registrations in the USPTO database is larger than ever. Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

IPilogue

NOVEMBER 17, 2022

A month later, the restaurant found an advertisement posted by Meng for the sale of the registration of the JU DIAN & Design Mark for $100,000. Two sections recently added to Canada’s Trademark Act of 1985 (“the Act ”) mention bad faith. Meng’s advertisement revealed Meng’s knowledge of Beijing Judian’s reputation.

Trademark 111

Trademark Registration Advertising Advertising 111

Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. It currently accounts for about 15% of the entire revenue spent on global advertising. How to Ensure Compliance with IP? As per a report, influencer marketing investment is expected to reach $15 billion in 2022.

Social Media 52

Social Media Intellectual Property Registration Branding 52

IP and Legal Filings

JANUARY 31, 2023

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. The main assets of any fashion firm that are virtual designs, may need to be protected as trade dress under trademark law.

Law 88

Law Branding Brands Branding 88

43(B)log

OCTOBER 11, 2023

22, 2023) Plaintiffs own Roberto Clemente’s IP rights and a registration for ROBERTO CLEMENTE for “figurines, statues and statuettes made of non-precious metal; beer cans made of non-precious metal sold empty.” (The The district court doesn’t appear to care about what the registration is for; I had to look it up.)

Licensing 48

Licensing False Advertising Advertising Advertising 48

Kashishipr

AUGUST 24, 2022

Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India.

Trademark 52

Trademark Branding Brands Branding 52

43(B)log

FEBRUARY 16, 2023

Skipping a bunch of stuff, the big picture is that the US just doesn’t have a good system for abuse of IP rights. Even without standing, Jones failed to state a claim for false association or false advertising. He failed to allege a “valid, protectable trademark.”

False Advertising 87

False Advertising Trademark Registration Advertising 87

IP and Legal Filings

FEBRUARY 16, 2023

In order to maintain the owner’s rights, a trademark must be used and periodically renewed; otherwise, the proprietor might lose the validity and the right of enforcing the trademark. Image Sources : Shutterstock] A trademark’s removal from the trademark registration is the consequence of non-use.

Trademark 52

Trademark Registration Registering Trademarks Advertising 52

LexBlog IP

APRIL 19, 2023

A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. The purpose of a trademark is to prevent consumer confusion about the source of the corresponding product. pictures or descriptions) for use on their own materials.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

Intepat

DECEMBER 4, 2023

Introduction In the ever-shifting landscape of the digital era, the surge in domain name registrations has given rise to a critical challenge— domain name disputes, particularly those entangled with cyber squatting and trademark infringements.

Intellectual Property 52

Intellectual Property Registration Trademark Due Diligence 52

IPilogue

AUGUST 4, 2022

Sing and demanded CAD $1,500,000 for Beijing Judian to acquire use of JU DIAN trademarks. On June 3, 2019, Judian became aware of an advertisement for sale of the trademark on an online marketplace, VanSky. The applicant noted similar provisions in EU and UK trademark law that have been adjudicated. The Decision.

Trademark 115

Trademark Registration Designs Design 115

IP and Legal Filings

OCTOBER 26, 2023

Legal Position In India In India a viable resolution against baseless legal threats is encapsulated in Section 142 [2] of the Trademark Act, 1999. However every cease and desist notice served does not constitute trademark bullying and this depends on the fact and circumstance of each case.

Cease and Desist 100

Cease and Desist Trademark Registering Trademarks Business 100

IP and Legal Filings

SEPTEMBER 8, 2023

As per the Trademarks Act 1999 , the definition of trademark explicitly conveys that only the graphical representation of the marks and the element of in comparability i.e 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

Intepat

DECEMBER 21, 2021

QR codes were first utilised in the automotive business, but they are now widely used in advertising, payments, product tracing, and counterfeit detection, among other things. Is the Trademark Act applicable to QR Codes? The post Can QR Codes Be Trademarked? appeared first on Intepat IP.

Trademark 98

Trademark Intellectual Property Registering Trademarks Branding 98

SpicyIP

AUGUST 22, 2022

We are pleased to bring our readers a guest post by Abhijay Srekanth and Vivek Basanagoudar on interaction of trademarks with free speech. Abhijay Srekanth is an LLM candidate at the Queen Mary University of London specialising in IP, and a recent graduate of Jindal Global Law School. The Hermès-Rothschild Dispute.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Kashishipr

JUNE 4, 2021

QR codes originated in the automotive industry and are now commonly used in advertising, payments, product tracing, and detection of counterfeits, etc. Can we Trademark QR Codes? The Court recognized that QR codes might be regarded as decorative patterns or device marks, both of which are signs that are inherently registrable.

Trademark 97

Trademark Intellectual Property Registration Trademark Law 97

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?

Designs 52

Designs Design Trademark Copyright 52

IPilogue

MARCH 20, 2023

The motion court first hearing the case misapplied the fundamental principles of trademark law. because they were the first to file a trademark application for “Bombay Frankies” despite not having yet used the mark. s entitlement to the trademark manifests on the application date or registration date.

Trademark 105

Trademark Social Media Registering Trademarks Trademark Law 105

IP and Legal Filings

JULY 5, 2023

During the process of registering a trademark, an applicant may encounter two obstacles: a) Objections; b) Contradictions Trademark Objections Trademark objections are those that a client encounters during the early stages of the registration procedure. In order to be registered, a trademark must be unique.

Trademark 59

Trademark Registration Branding Brands 59

The TTABlog

JULY 2, 2021

Failure to Prove "Standing" and Priority Dooms Section 2(d) Cancellation of CHUBB TRAVEL SMART Registration for Mobile Apps Catch-all Thirteenth DuPont Factor Saves HANA BANCORP & Design from Section 2(d) Refusal Precedential No. TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out? Precedential No. Guess What? Guess What?

Registration 52

Registration Designs Design Trademark 52

IP and Legal Filings

FEBRUARY 20, 2022

Slogans are brief, memorable words that are commonly used in advertising to promote a specific company. Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. As a result, slogan registration is frequently denied due to a lack of distinctiveness.

Trademark 54

Trademark Advertising Advertising Registration 54

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. Relevant case law in this matter is Titan Industries Ltd. Thus, Section 2 and Section 14 of the Indian Trademark Act collectively patrol Personality Rights. INTRODUCTION.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

Intepat

MAY 16, 2023

Publicity Rights Under Indian IP Law In India, there is no direct statute that governs publicity rights in the intellectual property law regime. However, Indian law has indirect references for the protection of publicity rights. appeared first on Intepat IP. Under this Act, Sec. Rajat Nagi & Ors.

Branding 98

Branding Brands Branding Personality Rights 98

The IP Law Blog

MARCH 5, 2021

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. Xerox ran an advertising campaign “You can’t Xerox a Xerox on a Xerox.

Trademark 85

Trademark Branding Brands Branding 85

IP and Legal Filings

NOVEMBER 2, 2021

This case comes in when the Retrolympics applied for the word and the figurative mark Retroolympic at the German Patent and Trademark Office in 2012 (for Nice classes 28 (games and sporting goods); 35 (advertising) and 41 (sporting and cultural activities).

Trademark 82

Trademark Patent Trademark Law Advertising 82

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.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

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 66

Registration Trademark Trademark Law Marketing 66

Velocity of Content

JULY 26, 2022

This blog has already discussed the differences between copyright and trademark– which are, unfortunately, too frequently confused as two alternative ways of protecting non-technical IP. But they are distinct products, made by different companies, each of which spends a lot of money advertising and protecting its own trademark.

Trademark 98

Trademark Government Copyright Service Mark 98

Intepat

DECEMBER 6, 2022

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. There have been various landmark judgements which have not only highlighted cardinal principles of trademark law but have also given a nuanced understanding of how Courts interpret statutory trademark provisions.

Trademark 98

Trademark Trademark Law Registering Trademarks Law 98

LexBlog IP

DECEMBER 21, 2021

The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce.

Trademark 40

Trademark Registration Intellectual Property Litigation 40

SpicyIP

NOVEMBER 8, 2023

This brings me to my Octobers’ sift – a sift that yielded some sinuous ​​IP stories. of our IP Reveries series , while discussing the basics of clinical trials and drug innovation, have highlighted their implications. Corruption in IP Offices, Anything New? and Class 5.2 Let’s see how it unfolded.

Trademark 59

Trademark Publishing Journalism Copyright 59

SpicyIP

MARCH 25, 2024

Sunanda Bharti on the Michelin Stars and its interaction was trademark laws. Bharti is a Professor of Law at Delhi University, and her previous posts can be accessed here. Image from here Mischief, Manifestation, and the Michelin Trademark! As an IP enthusiast, the author perceives this as a trademark matter.

Trademark 45

Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

IPilogue

OCTOBER 6, 2021

The EUIPO allowed Munich to trademark Oktoberfest under twenty-two product classes including, most importantly, tourism advertising. The application to the EUIPO stated that Munich wished to trademark the term to prevent others from advertising and profiting off products associated with the event or events replicating the festival.

Trademark 59

Trademark Intellectual Property Advertising Advertising 59

LexBlog IP

SEPTEMBER 15, 2021

The Court of Appeals affirmed the previous decision of the district court which found that Australian Leather had wilfully infringed Deckers’ “UGG” trademarks by selling less than 15 pairs of UGG branded boots in the U.S., Background.

Trademark 52

Trademark Registration Branding Brands 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Are we really doing this again?

Licensing 90

Licensing Copyright Contracts Advertising 90