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

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 111

Trademark Advertising Advertising Branding 111

Olartemoure Blog

FEBRUARY 10, 2024

the Super Bowl moves billions of dollars, mainly through advertising. THE SUPER BOWL TRADEMARK in 1969 In 1969, the NFL trademarked “Super Bowl”. Since then, it has made a conscious effort to enforce this trademark. In 1969, the NFL trademarked “Super Bowl”. Arguably the most important sports event in the U.S.A.,

Cease and Desist 105

Cease and Desist Trademark Advertising Advertising 105

Erik K Pelton

JULY 31, 2020

Understanding the Notice of Allowance, and what it means, is important for trademark applicants who file an “intent to use” application. It could sometimes include a business card if it references the service. The post My trademark application received a ‘Notice of Allowance’ – now what?

Trademark 130

Trademark Advertising Advertising Editing 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 Brands Branding 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. 31 of 8 May 2020 ('Law No.

Advertising 98

Advertising Advertising Marketing Marketing 98

43(B)log

MAY 19, 2023

Roblox sued for copyright infringement, false advertising, trademark infringement, false association and false designation of origin, trade dress infringement, intentional interference with contractual relations, breach of contract, and false advertising and unfair competition under California law.

Copying 94

Copying False Advertising Social Media Advertising 94

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. Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute. Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

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 Brands Branding 52

TorrentFreak

JANUARY 27, 2025

Patent and Trademark Office ( USPTO ) organized an anti-piracy symposium where several experts discussed recent achievements, new challenges, and potential solutions. They openly advertise themselves through billboards and register for trademarks, as Magis TV recently did. They’re registering for trademarks.

Social Media 115

Social Media Litigation Intellectual Property Trademark 115

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. Revival of the Third-party Trademark as a Keyword Dispute. Google India Private Limited and others. The parties and their positions.

Trademark 105

Trademark Advertising Advertising Trademark Law 105

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 111

Trademark Marketing Marketing Advertising 111

SpicyIP

SEPTEMBER 3, 2024

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. Due Protection to Advertisement Material The Court has rightly acknowledged the artistic merit of commissioned photos for promotional purposes. www.haute24.com

Advertising 103

Advertising Advertising Copyright Branding 103

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

IP and Legal Filings

JUNE 10, 2024

PepsiCo had registered the tagline “For the Bold” as a trademark in 2013 for its Doritos tortilla chips and used it extensively for promotions when it was launched in India in 2015. it filed for a trademark infringement and unfair advantage suit in the court against Parle Agro. For the Bold!”, For the Bold!”

Trademark 98

Trademark Advertising Advertising Registering Trademarks 98

IP and Legal Filings

NOVEMBER 11, 2021

Generic Trademarks: An Introduction. A trademark refers to a name, mark, or sign through which the products belonging to a company or a person can be distinguished from other products in the market. Primarily, trademarks perform four functions. Firstly, trademarks help distinguish one product from another in the market.

Trademark 98

Trademark Cease and Desist Branding Brands 98

IP and Legal Filings

NOVEMBER 2, 2021

The trademark dispute between Olympic and Retrolympic was a bit interesting owing to the dispute about the likelihood of confusion between the competing marks. The marks are Retrolympic and IOC trademark ‘Olympic.’ The Federal Supreme Court rules that the German Olympic Protection Act provides special trademark protection for Olympia.

Trademark 98

Trademark Patent Trademark Law Advertising 98

Kashishipr

SEPTEMBER 22, 2021

A trademark is an important business asset that offers protection to a brand. Businesses own valuable trademarks, which, once registered, can be licensed out. The rights that flow from a trademark can be licensed to others to receive royalties for commercialization. What is Trademark Licensing? Exclusive License.

Licensing 105

Licensing Trademark Branding Brands 105

JD Supra Law

MARCH 14, 2022

Trademark infringement lawsuits are among the risks faced by businesses running comparative advertisements referring to a competitor’s products. When facing such a suit, policyholders should be sure to look to their commercial general liability (CGL) policies as potentially valuable sources of insurance coverage.

Trademark 98

Trademark Advertising Advertising Business 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 Brands 105

Technology & Marketing Law Blog

DECEMBER 9, 2022

Someone has referred you here because you’ve said something wrong about the laws related to web scraping in the United States. You’ve Been Referred Here Because You’re Wrong About The First Amendment.” Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel. Don’t worry!

Blogging 131

Blogging Law Contracts Cease and Desist 131

IPilogue

FEBRUARY 28, 2022

Interestingly, another battle regarding the Gruyère trademark is happening in North America. Ellis ruled that Gruyère is a generic term for a type of cheese and does not refer solely to cheese from a specific geographic region. However, the fate of the Gruyère trademark in Canada is still up in the air.

Trademark 105

Trademark Registering Trademarks Intellectual Property Advertising 105

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. Trademarks must have a distinguishing capacity and must be ‘distinctive’ in itself.

Trademark 98

Trademark Trademark Law Law Advertising 98

Technology & Marketing Law Blog

JULY 9, 2023

The EU IPO denied a trademark registration for the following symbol in various real estate-related classes: The trademark examiner determined that the symbol means “I love you” in American Sign Language (ASL). Others refer to the symbol as “ILY,” and Emojipedia refers to it as the “Love-You Gesture.”

Registration 98

Registration Trademark IP Advertising 98

IP and Legal Filings

MAY 20, 2022

The registration of your product holds enormous significance as it ensures your mark isn’t misrepresented in the market, safeguards your goodwill, ensures control over advertising and branding, and the list can go on. Under The Trademarks Act 1999, a trademark if registered comes to be known as a registered trademark.

Trademark 98

Trademark Service Mark Registration Registering Trademarks 98

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? However, if you incorporate a QR code into a logo, you can file a Trademark Application to register that logo. The post Can QR Codes be Trademarked?

Trademark 97

Trademark Intellectual Property Registration Trademark Law 97

43(B)log

JULY 19, 2023

17, 2023) Another entry in the “courts treat Lanham Act false advertising very differently than Lanham Act trademark infringement, despite identical damages provisions” line. CareDx sued Natera for false advertising. Natera, Inc., 19-662-CFC, 2023 WL 4561059 (D. Natera made superiority claims for its Prospera.

False Advertising 75

False Advertising Advertising Advertising Marketing 75

Garrigues Blog

NOVEMBER 6, 2023

The General Court of the European Union recently refused to allow registration of the “BECAUSE THERE IS NO PLANET B” mark for cosmetic products, stationery and other accessories, holding that it lacked the distinctive character required for the general public to identify it as a trademark.

Advertising 52

Advertising Advertising Trademark Registration 52

Kashishipr

AUGUST 18, 2021

What is Meant by a Family of Trademarks? Trademarks are distinctive marks, symbols, or labels used to differentiate goods belonging to one entity from that of another to avoid deception concerning the origin of those goods or services. Characteristics of a Family of Trademarks. I H W Management Limited DBA The Finchley Group.

Trademark 105

Trademark Registration Branding Brands 105

43(B)log

JANUARY 6, 2022

5, 2022) The court finds that, contrary to the district court’s holding, at least some of the underlying lawsuit’s allegations claimed that Vitamin Energy made disparaging statements about 5-hour Energy, thus triggering the insurer’s duty to defend under its “advertising injury” policy.

Advertising 72

Advertising Advertising False Advertising Intellectual Property 72

Kashishipr

MAY 4, 2022

Trademarks provide multiple crucial advantages to businesses and customers alike. Trademarks also carry all the image and reputation a brand builds over the years. Furthermore, inconsistent or improper use of a trademark can obstruct its owner’s ability to enforce the trademark rights in a given brand.

Social Media 105

Social Media Trademark Cease and Desist Registering Trademarks 105

IP and Legal Filings

OCTOBER 28, 2023

Introduction The Trademarks Act of 1999 introduced trademark dilution. The use of trademarks helps a company set itself apart from its rivals’ products and services. A feature of trademark law known as trademark dilution gives the brand owner exclusive rights to the mark, providing them a strong and recognisable trademark.

Trademark 98

Trademark Registering Trademarks Trademark Law Branding 98

IP and Legal Filings

MARCH 28, 2023

Introduction The term “trademark dilution” refers to the unauthorised use of, and/or application for, a trademark that is likely to damage an established mark’s distinctiveness. Additional sorts include trademark dilution and free riding in the EU. This is known as trademark dilution.

Trademark 96

Trademark Branding Brands Branding 96

IP and Legal Filings

DECEMBER 13, 2024

The Trade Marks Act, 1999 governs the use of trademarks in India. It concerns with the registration and protection of trademarks for products and services alike from being used deceptively, false marks. That, whether the respondent exploit the unfair advantage of the petitioner brands goodwill in the trademark application?

Trademark 98

Trademark Branding Brands Branding 98

IP and Legal Filings

JANUARY 5, 2023

Trade Mark Act, 1999 (hereinafter referred to as “Act”) defines the term Trademark as “a mark which is capable of distinguishing a product or service of one person from those of others”. [1] The ‘Cycle’ trademark has been domestically and internationally used by the plaintiff since 1954 without anyone’s interruption.

Trademark 98

Trademark Branding Brands Branding 98

Kluwer Copyright Blog

MAY 23, 2022

The Supreme Court first noted that marketing claims which include references to famous trademarks aim at catching the public’s attention by mainly exploiting the selling power associated with the sign. This was not the first time the Italian Supreme Court has taken a position on copyright protection for advertising claims.

Copyright 114

Copyright Advertising Advertising Trademark 114

IP and Legal Filings

SEPTEMBER 12, 2024

INTRODUCTION Section 29 [1] of the Trademark Act, 1999 , defines infringement as: “Trademarks infringement occurs if an unauthorized party makes use of a registered trademark in a way that is likely to lead to confusion about the origin of the product.” FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign

Branding 98

Branding Brands Branding Trademark 98