IP Tech Blog

APRIL 17, 2023

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. The draft Article 18 Trademark Law correctly removes the distinction between registered and unregistered well-known marks. For example, the actual art.

Trademark Law 57

Trademark Law Trademark Law Branding 57

JD Supra Law

MARCH 28, 2023

Imagine owning a building in which you are renting out living space at your set prices and then coming across an advertisement that those same living spaces are available for a nightly, weekly, monthly or even annual fee. The scenario is actually playing out right now for many landlords. By: Thompson Coburn LLP

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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.

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Branding Branding Brands Trademark 59

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.

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Above the Fold

JULY 7, 2023

Trademark law. Hetronic ) was the original case, a trademark dispute between plaintiff Hetronic, an American company, and Abitron, et. several European defendant companies who were accused of infringing on Hetronic’s trademarks. The presumption that American laws do not apply outside the U.S. known as Abitron v.

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Trademark Law Trademark Law Business 64

LexBlog IP

APRIL 17, 2023

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. The draft Article 18 Trademark Law correctly removes the distinction between registered and unregistered well-known marks. For example, the actual art.

Trademark Law 52

Trademark Law Trademark Law Branding 52

Patently-O

OCTOBER 18, 2021

This interesting case is pending before the Supreme Court of Georgia over the question of keyword advertising under Georgia law. The law [of Georgia] protects its right to exclude others from trading on that name and its associated good will for profit. The following comes from Edible’s brief: Edible’s claim is simple.

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43(B)log

MARCH 9, 2022

2015), held as a matter of law that “[b]ecause Amazon’s search results page clearly labels the name and manufacturer of each product offered for sale and even includes photographs of the items, no reasonably prudent consumer accustomed to shopping online would likely be confused as to the source of the products.” Amazon.com, Inc.,

False Advertising 69

False Advertising Advertising Advertising Branding 69

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. 1114 (United States of America).

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Technology & Marketing Law Blog

JULY 25, 2021

The plaintiff is represented by Browne George Ross, the same law firm that brought the unsuccessful Prager U v. More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. Want to Engage in Anti-Competitive Trademark Bullying? June 7, 2021). YouTube , Divino v. Google , and Newman v.

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43(B)log

FEBRUARY 17, 2022

Was this commercial advertising or promotion? Elysium argued that the website as a whole was a referral website for Tru Niagen, which advertised Tru Niagen at the top of every page. Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex. You can find out more here: [link].

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IP and Legal Filings

MAY 13, 2023

As a result, interim orders in trademark infringement cases have become somewhat standardized. However, even in areas of the law that are not fully developed, it is crucial to indicate the legal basis for an order, even if briefly, as this requirement should not be sacrificed for the sake of judicial expediency. In Gautam Gambhir v.

Personality Rights 105

Personality Rights Privacy Trademark Law False Advertising 105

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

Section 230(e)(2) says “Nothing in this section shall be construed to limit or expand any law pertaining to intellectual property,” so IP lawsuits over third-party content are not preempted by Section 230. Legal Background. Section 230(c)(1) says websites aren’t liable for third-party content. See, e.g., Ripple v.

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IP and Legal Filings

MARCH 5, 2024

Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising. Using trademarks in domain names, linking, framing, meta-tagging, and framing are a few methods that could lead to trademark challenges.

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Canadian Intellectual Property Blog

JUNE 22, 2022

A recognized trademark includes a registered trademark, an applied-for trademark with a pending application, or a common law trademark. However, if the equivalent French trademark is a registered trademark, then the French trademark must be used on the signage. As such, an unregistered (i.e.,

Trademark Law 52

Trademark Law Trademark Law Registering Trademarks 52

Intepat

MARCH 25, 2025

They also take refuge under the exception granted for comparative marketing, making reference to the luxury product solely as a point of comparison in their advertising. CONCLUSION The rise of fragrance dupes highlights the vital role of trademark law in the protection of luxury perfume brands.

Copying 59

Copying Branding Branding Brands 59

Technology & Marketing Law Blog

MARCH 6, 2024

New practice area alert for law students: the specialty niche of fish artists asserting IP claims against print-on-demand services. If not, the print-on-demand industry may not be commercially viable under prevailing law. This make me check if Tomelleri was proceeding pro se, but in fact he had two law firms on the caption.

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Copyright Trademark Law Publishing Copyright Infringement 119

Technology & Marketing Law Blog

MARCH 8, 2024

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money.

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Trademark Law Trademark IP Blogging 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.

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Trademark Fair Use Registering Trademarks Non-Fungible Tokens 129

Above the Fold

SEPTEMBER 29, 2023

With more individuals and businesses entering the cannabis sector, there has been an increased interest in what kind of trademark protections a cannabis business can obtain. To read more, you can access the article here.

Law 52

Law Trademark Law Trademark Blogging 52

LexBlog IP

OCTOBER 25, 2021

It is difficult to remember a time when keyword advertising did not dominate the internet. Most search engines, such as Google, Bing, and Yahoo, maintain keyword advertising programs which allow advertisers to bid on search terms and keywords that drive customers searching for a particular product or service to their website.

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Advertising Advertising Trademark Cease and Desist 52

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 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.

Trademark 111

Trademark Registration Advertising Advertising 111

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. Confusion caused by Google’s keyword policy.

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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? We will explore the relevance of this further ahead in this post.

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Trademark Advertising Advertising Branding 110

Kashishipr

SEPTEMBER 8, 2021

We know that brands try to make their trademarks as unique and distinctive as possible to attain the highest level of protection under the Trademark Law. ’ Common or generic terms are usually not protected under trademark law. ’ How are then these common words registered as a trademark?

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Trademark Registration Branding Branding 105

SpicyIP

MARCH 8, 2023

She is intrigued by the field of Intellectual Property Law and wishes to explore the same.] This results in common claims of ‘disparagement’ in trademark law. Previously, trademark cases have been entertained in situations where disclaimers/ warnings have been given along with products. Image from here.

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Advertising Advertising Trademark Intellectual Property Law 104

Patently-O

JULY 19, 2023

have long been a mix of state common law rights and federal statutory rights. Trademarks and trade secrets followed a different path – developing under state common law before later later gaining federal protections; with trade secrets moving federal most recently via the Defend Trade Secrets Act (DTSA) of 2016.

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

IP and Legal Filings

SEPTEMBER 19, 2023

Trademark Infringement Trademark infringement is the unauthorized use of a trademark that is identical or similar to a registered trademark, without the permission of the trademark owner. The trademark owner must also show that they have suffered, or are likely to suffer, damages as a result of the infringement.

Trademark 98

Trademark Intellectual Property Registration Registering Trademarks 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?

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Trademark Registering Trademarks Trademark Law Branding 98

The IPKat

MARCH 24, 2023

Because under Paragraph 8 of the Drug Advertising Act (HWG), Gufic was not allowed to advertise its products in Germany, it could not demonstrate ‘use’ of the trademark to attract customers. Therefore, marketing that is unlawful under national law therefore does not rule out actual and serious use with regard to trademark law.

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SpicyIP

AUGUST 20, 2023

Aditya is an attorney at Ira Law and represents Google in trademark litigation relating to keyword advertising. He graduated from National Law University, Jodhpur and then pursued a masters in law from Harvard Law School. The Court examines various provisions of the Trademarks Act to reach this conclusion.

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Advertising Advertising Trademark Branding 97

SpicyIP

JANUARY 11, 2024

DRS Logistics , a Division Bench of the Delhi High Court recently held that use of “MakeMyTrip” as a keyword shall not amount to trademark infringement. student at National Law University, Delhi. SpicyIP intern Vedika Chawla writes on this development. Vedika is a third-year B.A.LL.B.

Trademark 105

Trademark Advertising Advertising Trademark Law 105

The IP Law Blog

APRIL 14, 2023

The NFL and Las Vegas Raiders threatened to sue a local law firm for trademark infringement, after the firm hired one of its athletes to appear in an advertisement with black and silver branding. Scott Hervey and Josh Escovedo talk about this dispute on this episode of The Briefing by the IP Law Blog.

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Blogging Law IP Trademark 52

Selvam & Selvam Blog

FEBRUARY 28, 2025

This case highlights the intersection of trademark law and e-commerce regulation, raising questions about the accountability of online marketplaces in protecting brand integrity. crore (USD 5 million) for the extra marketing and advertising costs that Plaintiffs incurred to repair its damaged reputation. crore (USD 33.78

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Due Diligence Intellectual Property Branding Branding 52

Technology & Marketing Law Blog

APRIL 3, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and was one of the signatories of the First Amendment Professors amicus brief filed in Jack Daniel’s Properties, Inc. by guest blogger Lisa P. Ramsey [Lisa P.

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Blogging Trademark Fair Use Trademark Law 116

IP Law 360

JANUARY 2, 2025

The Lanham Act, the primary federal statute dictating trademark law, does not apply to the advertising and selling of equity, the Ninth Circuit stated in an appeals case between intellectual property firm LegalForce RAPC Worldwide PC and a Japanese company that fundraised off the brand "LegalForce."

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Trademark Intellectual Property Trademark Law Advertising 52

SpicyIP

MARCH 3, 2022

We are pleased to bring you a guest post by Kedar Ganesh Dhargalkar, analysing the possibility of trademark protection for bodily features. Balasaheb Apte College of Law in Mumbai. Trademarking Signature Poses/Looks – A Progressive Protection of Individuality. What implications does this have for trademark law?

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Trademark Trademark Law Intellectual Property Advertising 121