IP and Legal Filings

FEBRUARY 24, 2025

INTRODUCTION For a long time, logos, names, and jingles have been the mainstays of trademark law. A recent trend in branding, however, is the use of non-traditional trademarks such as haptic markings. In 2003, the firm’s trademark in Germany was protected due to its distinctive design. are two examples.

Trademark Law 52

Trademark Law Trademark Law Branding 52

SpicyIP

SEPTEMBER 28, 2023

DRS , explaining the Court’s approach towards determining whether the use of a mark as a keyword will amount to trademark infringement or not. Nivrati is an IP lawyer based in Delhi and is a graduate of Institute of Law, Nirma University Ahmedabad. Views expressed here are those of the author’s alone.

Advertising 109

Advertising Advertising Trademark Marketing 109

Erik K Pelton

MAY 9, 2022

The following is an edited transcript of my video Sounds, Colors, Scents, and Other Nontraditional Trademarks. Non-traditional trademarks are those things that indicate the source of a brand, but are not brand names, logos, or slogans. Buildings can be registered as trademarks. That’s a registered trademark.

Trademark 189

Trademark Registering Trademarks Registration Design 189

IP and Legal Filings

MAY 17, 2023

Introduction The promotion of products through defamatory or misleading remarks about the competitor’s product, known as “product disparagement,” can lead to legal disputes, blurring the line between this and comparative advertising. To prevent legal disputes, caution must be exercised to differentiate between the two.

Advertising 101

Advertising Advertising Marketing Marketing 101

43(B)log

FEBRUARY 17, 2025

Skillz sued its competitor Papaya, alleging false advertising under federal and state law. Papaya counterclaimed for the same causes of action and added trademark and copyright infringement as well as defamation and civil conspiracy claims. Statements about competitors: Papaya failed to sufficiently allege falsity.

False Advertising 52

False Advertising Advertising Advertising Trademark 52

Patently-O

APRIL 17, 2024

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.

False Advertising 115

False Advertising Advertising Advertising Patent 115

JD Supra Law

NOVEMBER 1, 2024

In October 2024, both the US Courts of Appeals for the Second and Ninth Circuits issued published decisions that rejected trademark infringement claims based on advertising in keyword searches.

Trademark 68

Trademark Advertising Advertising Branding 68

SpicyIP

AUGUST 25, 2021

student at Amity University (School of Law), Kolkata. Domex Advertisement: Product Disparagement or Nominative Fair Use? Advertising is an important factor in deciding a product’s future success. Legal Position on Comparative Advertisement. The advertising of one’s own goods is not prohibited.

Fair Use 105

Fair Use Advertising Advertising Branding 105

IPilogue

NOVEMBER 15, 2022

Does this count as an artistic expression protected under First Amendment rights of expression and speech, or is it a trademark infringement upon a beloved fashion icon? Catching wind of the furry MetaBirkin NFTs, Hermès filed a trademark infringement and dilution lawsuit against Mason Rothschild, the creator.

Trademark Law 105

Trademark Law Trademark Non-Fungible Tokens Law 105

Erik K Pelton

JANUARY 7, 2025

When applying to register a trademark at the USPTO, it is important to know about goods and services and their classification. The following is an edited transcript of my video 25 Classes of Goods and Services at the USPTO.

Social Media 130

Social Media Editing Music Advertising 130

IP and Legal Filings

DECEMBER 16, 2024

The fashion industry sector extends beyond simple trademarks, such as logos or brand names, but rather includes characteristics, including colour palettes, product forms, or even the structure of physical store spaces. For instance, red soles for Christian Louboutin became a trademark of luxury shoes, while the colour per se was not unique.

Branding 98

Branding Branding Brands Design 98

The IPKat

APRIL 23, 2022

Here's what Anna Maria and Lorenzo write: Parasitic advertising on UEFA Euro 2020: Italian Competition Authority imposes first sanction for ambush marketing by Anna Maria Stein and Lorenzo Maniaci Ambush Kat By its decision No. 16 of 11 March 2020 ('Law-Decree No. 16/2020'), converted with amendments, by Law No.

Advertising 98

Advertising Advertising Marketing Marketing 98

TorrentFreak

OCTOBER 22, 2024

Government’s Patent and Trademark Office to help tackle live-streaming piracy. NFL vs. Pirates Ideally, online services should be required by law to remove infringing content “instantaneously or near-instantaneously”, the sports companies argued. Last year, the NFL asked the U.S.

Social Media 109

Social Media Advertising Advertising Government 109

SpicyIP

SEPTEMBER 3, 2024

Tejas is a third-year law student at National Law University, Delhi, and is interested in the evolution of IPR law and its growth in India. With this Louis Vuitton seems to have struck a jackpot as it managed to restrain Haute24 from selling its products in a copyright dispute over its advertisement material. www.haute24.com

Advertising 102

Advertising Advertising Copyright Branding 102

SpicyIP

AUGUST 31, 2023

Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. Image from here Smells like Luxury, Does it cost a Trademark Battle?

Trademark 110

Trademark Advertising Advertising Branding 110

Indiana Intellectual Property Law

NOVEMBER 29, 2024

Hiker Industries, LLC (“Hiker”) has filed a lawsuit against Hyk Outdoors LLC (“Hyk”), alleging trademark infringement and unfair competition under both federal and state laws. The complaint focuses on the use of marks by Hyk that Hiker claims are confusingly similar to its own registered trademarks.

Trademark 52

Trademark Registering Trademarks Designs Design 52

JD Supra Law

NOVEMBER 20, 2024

In October, the Brazilian Patent and Trademark Office (BPTO) announced a new interpretation regarding the registrability of advertising elements. This new approach adopts a less restrictive stance, paving the way for the legal protection of slogans and advertising expressions as trademarks in Brazil. By: Mayer Brown

Advertising 68

Advertising Advertising Registering Trademarks Trademark 68

IP and Legal Filings

MARCH 5, 2024

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.

Trademark 98

Trademark Social Media Advertising Advertising 98

Erik K Pelton

NOVEMBER 3, 2020

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. a great trademark: Marketing department. Television advertising. In the end, only one trademark question matters for businesses.

Business 130

Business Trademark Cease and Desist Branding 130

JD Supra Law

JANUARY 30, 2024

2023 was an active year in Canadian trademark law. Canadian Courts addressed a wide range of issues, from licensing to comparative advertising to co-branding. Notable changes also emerged from the Canadian Trademarks Office. Additionally, many trademark fees increased by 20-35%.

Trademark Law 75

Trademark Law Trademark Law Advertising 75

IPilogue

NOVEMBER 17, 2022

Alice Xie is an IPilogue Writer and a 1L JD Candidate at University of Western Ontario’s Faculty of Law. Can you file a trademark application for a restaurant and proceed to demand 1.5 Upon learning that Beijing Judian was planning to open locations in Canada, Meng raced to file trademark applications for the identical mark in Canada.

Trademark 111

Trademark Registration Advertising Advertising 111

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 views expressed in the piece are personal.

Trademark 129

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 129

SpicyIP

NOVEMBER 23, 2021

We are pleased to bring you a guest post from Payal Saraogi, on a recent decision of the Delhi High Court on Google’s use of trademarks as advertisement keywords. Payal has graduated from the School of Law, Christ University in 2020, and currently practices as a disputes lawyer. Google India Private Limited and others.

Trademark 105

Trademark Advertising Advertising Trademark Law 105

IP and Legal Filings

DECEMBER 17, 2024

Abstract In the changing landscape of intellectual property law, Trademarks have gone beyond the traditionally used symbols, names, logos to enhance the non-traditional identifiers. Unlike conventional trademarks that primarily use visual elements, non-conventional trademarks engage multiple senses to foster brand recognition.

Trademark 52

Trademark Branding Branding Brands 52

SpicyIP

AUGUST 8, 2024

In an interesting turn of events, the plaintiff in a trademark infringement suit had to face the wrath of the Delhi High Court for submitting false evidence and got criminal proceedings instituted against them on the directions of the Court. By Rishabh Deshpande How does a trademark infringement case go from civil to criminal in nature?

Trademark 110

Trademark Marketing Marketing Advertising 110

Indiana Intellectual Property Law

NOVEMBER 22, 2024

. (“Plaintiffs”) have filed a lawsuit against Atlas Mover Group LLC (“AMG”) and United Best Moving LLC (“UBM”) (“Defendants”) for trademark infringement and unfair competition. Over the years, Atlas has built a reputation for high-quality service and earned substantial goodwill in its marks.

Branding 52

Branding Branding Brands Trademark 52

Intepat

FEBRUARY 3, 2025

Introduction Trademark law is mainly governed by two key principles: “first to file” and “first to use.” ” While countries like China focus on the “first to file” rule, India gives more importance to those who first use a trademark in the market. trademark law. Banff, Ltd.

Branding 59

Branding Branding Brands Trademark 59

Erik K Pelton

DECEMBER 20, 2022

The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

The IPKat

APRIL 18, 2023

Google offers an advertising service called Dynamic Search Ads. However, instead of using a text from the advertiser, Google’s proprietary algorithm automatically generates the text, including the headline and landing page, from the advertiser’s website content. The Court applied by analogy the case law on keyword advertising.

Advertising 87

Advertising Advertising Contracts Registration 87

TorrentFreak

JANUARY 11, 2022

In a complaint filed at a Seattle federal court last June, Bungie accused AimJunkies.com of copyright and trademark infringement, among other things. Mann, argues that Bungie misuses the law to go after cheaters while cheating itself isn’t unlawful. Bungie Sued AimJunkies. Initially, the parties entered settlement discussions.

Copyright 144

Copyright Law Copying Copyright Infringement 144

The IP Law Blog

APRIL 13, 2023

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 law firm claims it has been using a black and silver color scheme to promote its services since its inception in 2012.

Cease and Desist 98

Cease and Desist Law Advertising Advertising 98

Kashishipr

SEPTEMBER 8, 2021

A trademark is typically a sign, logo, symbol, word, phrase, design, or combination of them, which identifies the product or service of a particular brand. To sell the product, using the brand name makes it a trademark. Trademark Registration provides the exclusive rights to the owner to pursue legal action in case of infringement.

Trademark 105

Trademark Registration Branding Branding 105

Technology & Marketing Law Blog

MARCH 6, 2023

Leonel Lops claims a trademark in the term “Confidence Empire” for shoes. He sued YouTube for allegedly infringing his trademark and sought “$1 billion in damages, $2 million in costs, at least $500 million in punitive damages, and temporary and permanent injunctive relief.” ” Cites to Yout v.

Trademark 105

Trademark False Advertising Advertising Advertising 105

IPilogue

JULY 20, 2021

Sabrina Macklai is an IPilogue Senior Editor and a 2L JD Candidate at the University of Toronto Faculty of Law. . As the brand is strongly interested in maintaining its status symbol, it is diligent in protecting its iconic trademark. Photo Credits: almani ????

Trademark 105

Trademark Branding Branding Brands 105

Nelligan Law

NOVEMBER 28, 2022

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.

Cease and Desist 98

Cease and Desist Trademark Marketing Marketing 98

TorrentFreak

FEBRUARY 16, 2024

Lawsuits filed in the United States targeting pirate sites usually focus on breaches of copyright law, typically direct and secondary infringement, or violations of the DMCA, depending on individual circumstances. filed its complaint.

Copyright 135

Copyright Trademark Copyright Infringement Registration 135

IP and Legal Filings

OCTOBER 26, 2023

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.

Cease and Desist 105

Cease and Desist Trademark Registering Trademarks Business 105