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.

Trademark 106

Trademark Advertising Advertising Branding 106

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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Advertising Advertising False Advertising Trademark 96

SpicyIP

MARCH 8, 2023

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. Nor is there any advertising for any goods or services. Comparative advertisement: A mandatory claim for disparagement ?

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Advertising Advertising Trademark Intellectual Property Law 87

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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Trademark Advertising Advertising Trademark Law 92

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.

Personality Rights 98

Personality Rights Privacy Trademark Law False 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.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Service Mark Invention 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.”

False Advertising 59

False Advertising Advertising Advertising Registering Trademarks 59

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.

Trademark 97

Trademark Intellectual Property Registration Registering Trademarks 97

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 89

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.

False Advertising 59

False Advertising Intellectual Property Trademark Trademark Law 59

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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Branding Branding Brands Trademark 94

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.,

Advertising 52

Advertising Advertising Business Reporting 52

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.

Intellectual Property Law 40

Intellectual Property Law Intellectual Property Service Mark Invention 40

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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Trademark Advertising Advertising Trademark Law 121

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.

Trademark 52

Trademark Branding Branding Brands 52

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].

Social Media 52

Social Media Trademark Advertising Advertising 52

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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Trademark Fair Use Registering Trademarks Non-Fungible Tokens 125

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.

Trademark 97

Trademark Trademark Law Law Advertising 97

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.

IP 59

IP Branding Branding Brands 59

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].

False Advertising 87

False Advertising Registration Trademark Advertising 87

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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Social Media False Advertising Advertising Advertising 49

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.

Trademark 59

Trademark False Advertising Advertising Advertising 59

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”

Trademark 98

Trademark Registration Trademark Law Advertising 98

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.

Personality Rights 88

Personality Rights Intellectual Property Social Media Intellectual Property Law 88

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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Reporting Television Trademark Law Advertising 116

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.

Intellectual Property 52

Intellectual Property Trademark Television IP 52

Intepat

JUNE 7, 2024

For colour combinations, examination of distinctiveness should be based on the assumption that the colour combination appears on the goods or their packaging, in a way that accords with the representation, or in advertisements or promotional material for the services.

Trademark 52

Trademark Branding Branding Brands 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.

Trademark 52

Trademark Designs Design Marketing 52

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Trademarks reduces the chance of confusion: Trademarks helps in preventing confusion in the minds of consumers by indicating the source and quality of the product, they are intending to use. Sections 9 and 11 of the Trademarks Act, 1999 address the notion of confusion. It takes years for them to get registration.

Business 52

Business Trademark Registration Cease and Desist 52

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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Trademark Registering Trademarks Art Cease and Desist 104

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. INTRODUCTION. In the continuance, Section 14 lays down exclusive rights to do or to authorize reproduction of their artistic works.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

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.

Trademark 70

Trademark Branding Branding Brands 70

SpicyIP

MARCH 10, 2024

The Plaintiff presented evidence of its long-standing use and registration of the ‘NOVA’ trademark, along with the distinct packaging featuring a blue background, a grazing cow, and the brand name. During the proceedings, the Court observed and penalised the Defendants for false advertising and contemptuous conduct.

Trademark 59

Trademark Registering Trademarks Registration False Advertising 59

SpicyIP

JUNE 13, 2024

Baby Forest case, we are pleased to present this post by SpicyIP intern Aditya Bhargava, critiquing the single judge’s interpretation of the doctrine. Aditya is a second-year law student at NLSIU Bangalore. He is interested in intellectual property, AI regulation and tech law.

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Branding Branding Brands Marketing 56

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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Trademark Government Copyright Service Mark 98

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! The present post is devoted to this latter question.

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Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

SpicyIP

NOVEMBER 18, 2024

Alpino Health Foods Recently, the DHC passed an order prima facie finding that Marico’s “Saffola oats” TM was “generically disparaged” by Alpino’s advertisements. The defendant failed to appear or contest the present proceedings.

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Trademark Cease and Desist Music Copyright 82