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.

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SpicyIP

JANUARY 11, 2024

Additionally, since the nature of services offered by both entities is similar, no infringement could be made out under Section 29(4) of the Trademarks Act, 1999. There has been much confusion regarding the IPR implications of keyword advertising, including through conflicting judgements of High Courts.

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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

NOVEMBER 8, 2023

So … Prashant’s post was followed by a detailed post on Adwords and Trademark Law cautioning that a traditional interpretation of “use in commerce” could jeopardize the rights of trademark owners, given the evolving business models. Only then does Google need to take action against the advertisement and not otherwise.

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IP and Legal Filings

MAY 13, 2023

Using the name or image of a celebrity for brand advertisement or promotion in the US does not always attract liability, provided the brand is not falsely misleading the public that the celebrity endorses the product. Common law could potentially provide a solution, but passing off requires consumer confusion, which may not always be present.

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Personality Rights Privacy Trademark Law False Advertising 105

SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. The Hermès-Rothschild Dispute.

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TorrentFreak

APRIL 19, 2022

In at least one case, there are breaches of trademark law too. Many tools are available, some free (open source or supported by advertising) and others where a small fee is required. The big question is, does LaLiga present any additional facts to back up its infringement claims?

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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.

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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

JIPL Online

FEBRUARY 26, 2021

Booking.com presented evidence in the form of consumer surveys, along with the fact it held a domain name for “BOOKING.COM,” to show “Booking.com” met the distinctiveness requirement. [x] Justice Breyer disagreed with the majority’s decision, specifically (1) that placing “.com” The second problem Justice Breyer has is that adding “.com”

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Trademark Registration Trademark Law Advertising 98

IP and Legal Filings

SEPTEMBER 12, 2024

This case was actually one of those that set out the point for trade dress in trademark protection, which went beyond names and logos to colour schemes and visual presentation. It is this judgment that more or less laid the foundation of “trans-border reputation” in Indian trademark law.

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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. However, evidence presented by Indian Shaving Products Ltd. But the names of generic terms are different. Gillette U.K.

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Trademark Trademark Law Law Advertising 98

Chicago IP

FEBRUARY 28, 2022

The Award honors those who have made a significant creative contribution in one or more of the following substantive areas of intellectual property law: Patent Law: An invention or group of inventions having technological significance and an important social and economic impact, resulting in one or more U.S.

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SpicyIP

JANUARY 2, 2022

The Vidya Drolia case laid down certain conditions for non-arbitrability of disputes and stated that grant and issue of patents and registration of trademarks were exclusive sovereign or government functions, thus making them non-arbitrable. The case clarifies that the bar on arbitrability of trademark disputes is not an absolute one.

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IP Intellectual Property Copyright Trademark 143

Olartemoure Blog

FEBRUARY 8, 2023

It is commonly used in trademark law and derives its authority from the First Amendment of the U.S. The Lanham Act is the main federal trademark statute in the United States. It regulates trademark infringement, trademark dilution and false advertising, amongst other activities. Constitution.

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False Advertising Intellectual Property Trademark Trademark Law 59

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.”

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43(B)log

FEBRUARY 15, 2022

24, 2021) A rare case finding no violation of the right of publicity or trademark law from an allegedly false endorsement based on lack of harm. Benefit to the defendant, the court says, is not itself harm to the plaintiff—see also this recent Note on trademark standing by my former student Lauren Bilow. HomeAdvisor, Inc.,

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Advertising Advertising Business Reporting 52

43(B)log

FEBRUARY 16, 2023

The complaint linked the following allegations to the tortious interference: (1) trademark infringement and related extortion, and (2) defamation per se and trade libel/business disparagement. But (see below) Jones didn’t plead trademark infringement [would fraud on the PTO have worked? I kind of think it ought to have done so].

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False Advertising Registration Trademark Advertising 87

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.

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IP and Legal Filings

MAY 17, 2024

A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. Daler Mehendi, a known singer and the plaintiff in the present case, had a registered trademark over the letters “DM” and established a business called “D.M. Image Sources: Shutterstock] In D.M.

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Personality Rights Intellectual Property Social Media Intellectual Property Law 97

LexBlog IP

FEBRUARY 28, 2022

The Award honors those who have made a significant creative contribution in one or more of the following substantive areas of intellectual property law: Patent Law: An invention or group of inventions having technological significance and an important social and economic impact, resulting in one or more U.S.

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Intellectual Property Law Intellectual Property Service Mark Invention 40

IIPRD

JANUARY 6, 2023

In layman, language trademark is a sign that assists distinguish the product of a particular firm from the products of other firms of similar nature. Different kinds of misuse, unauthorized use, and infringement of trademarks are: Brand Protection. Disparagement is prohibited under Indian law. Image Sources : Shutterstock].

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Velocity of Content

JULY 26, 2022

But they are distinct products, made by different companies, each of which spends a lot of money advertising and protecting its own trademark. As well as the many other trademarks that each of them uses). As a technical matter, the benefit of a trademark is supposed to be for the consumer. and so on. )

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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.

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IP and Legal Filings

DECEMBER 20, 2024

Across-the-board social media and influencer marketing integration are aspects of the present-day artificiality regarding persuasive brand dissemination in faces and identities. However, it provides both good challenges and opportunities under trademark law. Therefore, a brand can be registered in the U.S.

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Social Media Trademark Brands Branding 52

Garrigues Blog

DECEMBER 10, 2024

Although the process requires time, strategy and resources, it is possible to turn a sign, which in principle would not meet the necessary requirements to access the register, into a trademark worth its weight in gold in the market. Acquired distinctiveness is a fundamental concept in trademark law.

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Trademark Intellectual Property Registration Marketing 52

IPilogue

MARCH 6, 2023

The 3,149 individuals surveyed were luxury retail shoppers and were only presented with Louboutin’s products, not Eizo’s. The JPO refused the mark based on Article 3(1)(iii) of the Japan Trademark Law, stating that Louboutin’s colour mark lacks distinctiveness to be deemed as an indicator of source for Louboutin in the Japanese market.

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Intepat

DECEMBER 4, 2023

If you are a brand looking to establish a presence in India, your first step should be to secure your trademark and its associated rights. Indian trademark law has consistently protected international brands with cross-border popularity. During the hearing, the applicant’s attorney presents arguments for acceptance.

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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.

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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] Notwithstanding the essence of this finding, this is too narrow an interpretation of the true spirit of trademark law.

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43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. Several had appeared in magazines, advertising campaigns, television episodes, and films. 21-2149-cv, F.4th

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SpicyIP

SEPTEMBER 16, 2024

The detailed verdict, heavily punctuated with takeaways for IP observers and fashion enthusiasts alike, is one of the very few final judgements on trademark law passed this year. (CIPL) from infringing the French brand Lacoste’s iconic “Crocodile” device.

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IP and Legal Filings

DECEMBER 17, 2024

Non-Conventional trademarks are full of potential but still present some unique challenges, especially in jurisdictions like India, which is in process of evolving & developing their legal framework to accept these novel identifiers. On the other hand, single colour trademarks are not specifically mentioned in the act.

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Trademark Brands Branding Branding 52

LexBlog IP

APRIL 3, 2023

Crafted from a specific Pantone 342 green, this sartorial symbol is protected by trademark law, so don’t expect to find a knockoff hanging in the clearance section of your local department store. It’s not just about securing copyright over the footage; it’s about controlling the way it’s presented.

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Intellectual Property Trademark Television IP 52

Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name.

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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.

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SpicyIP

SEPTEMBER 12, 2024

I must admit, this review is very long overdue, mostly due to my own inability to stop diving into rabbit holes of thought and information based on the dozens of unique clashes and overlaps presented in the book. The 2nd edition presents a revised version, updated with the latest developments that have occurred in the last decade.

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