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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Kashishipr

NOVEMBER 3, 2021

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. Consumers stop referring to the trademark as a proper noun for the brand owner’s product but refer to it as a common noun to mean a product category.

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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.

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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.

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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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Technology & Marketing Law Blog

JUNE 29, 2022

This week, another court added to 1-800 Contacts’ smouldering pile of trademark jurisprudence and granted a judgment on the pleadings (Rule 12(c)) dismissing 1-800 Contacts’ competitive keyword advertising lawsuit against its rival Warby Parker. Keyword Ads. Proximity of goods. ” Bad faith. Customer sophistication.

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Technology & Marketing Law Blog

SEPTEMBER 18, 2023

This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. The defendants bought competitive keyword ads on Adler’s trademarks, which Adler objected to. For background on the legal battles over keyword advertising by lawyers, see this article.

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Technology & Marketing Law Blog

MARCH 6, 2024

Causation, as used in the traditional sense, refers to the connection between the tort and the plaintiff’s harm. And although Plaintiff also alleged Defendants marketed, advertised, and sold merchandise bearing his copyrighted illustrations. This plaintiff emphasized copyright law but got little traction.

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Copyright Trademark Law Publishing Copyright Infringement 119

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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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. FX Networks and Guglielmi v. Spelling-Goldberg Prods., In Gautam Gambhir v. D.A.P & Co. &

Personality Rights 105

Personality Rights Privacy Trademark Law False Advertising 105

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. Let us find out some of the ways of trademarking these terms.

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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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Technology & Marketing Law Blog

SEPTEMBER 23, 2021

The majority says “if likeness interests are disregarded on the internet, the incentives to build an excellent commercial reputation for endorsements may diminish…information provided by promotional advertisements can enhance market efficiency and vibrancy” but these are orthogonal statements. (I

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IP and Legal Filings

NOVEMBER 2, 2021

This case comes in when the Retrolympics applied for the word and the figurative mark Retroolympic at the German Patent and Trademark Office in 2012 (for Nice classes 28 (games and sporting goods); 35 (advertising) and 41 (sporting and cultural activities). Post-publication, IOC filed for an opposition. Federal Supreme Court.

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IP and Legal Filings

DECEMBER 17, 2024

The Trademark law in India, known as Trade Marks Act, 1999, comes into force according to the rules established under the International Principles laid down in TRIPS (Trademark-Related Aspects of Intellectual Property Rights Agreement). When combined with sound, the state trademarks are referred to as multimedia marks.

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JD Supra Law

NOVEMBER 9, 2022

Article 4 of the Trademark Law stipulates that "the use of the trademark referred to in this Law refers to the use of the trademark on goods, goods packaging or containers and goods transaction documents, or the use of the trademark in advertising, exhibitions and other business activities for the identification of the source of goods."

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SpicyIP

MARCH 25, 2025

In this case, Tata Trust had two main allegations: first, that the defendant was using the Tata trademark, and second, that his image and name were being misused to hold an event titled THE RATAN TATA NATIONAL ICON AWARD 2024 by a journalist. 2011), which imported the well-known trademark principle to protect well-known names as well.

Personality Rights 59

Personality Rights Trademark Business Trademark Law 59

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? A QR (shorthand for ‘Quick Response’) code is a machine-readable matrix barcode.

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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. Maccoffee first appeared on IPLF.

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Trademark Intellectual Property Registration Registering Trademarks 98

IP and Legal Filings

SEPTEMBER 12, 2024

The rulings, in turn, drove home that mere association is not sufficient to support a finding of trademark infringement or dilution. It was another case of how hard it is for big brands to defend their marks against light-hearted references where the respective products have different markets. 47 of 1999. Apple Inc. 3d 983 (2015).

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Branding Brands Branding Trademark 98

JIPL Online

FEBRUARY 26, 2021

BOOKING.COM refers to some specific entity.” com” at after a generic word, “Booking,” still makes “Booking.com” generic within traditional trademark law [xiv] and (2) the fact consumer identify “Booking.com” doesn’t change the fact that it is still generic and thus ineligible for trademark registration. [xv]

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Trademark Registration Trademark Law Advertising 98

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. Imagine a place where a tea stall named “Chai Chai Chronicles” warmly invites you to enjoy a cup of tea.

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Trademark Trademark Law Law Advertising 98

Garrigues Blog

FEBRUARY 5, 2024

regarding the use of the ZARA trademark. We will examine the impact of the ruling in cases involving the use of third-party trademarks. Buongiorno was an internet and mobile telephone network provider that, in 2010, launched an advertising campaign for a paid subscription to a messaging service for receiving content via SMS.

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Trademark Trademark Law Advertising Advertising 59

IPilogue

AUGUST 19, 2021

During her time as a trademark law professor at Drake University, Shontavia Johnson wrote that she believed the laws created solely to protect the Olympics had been stretched too far. Rule 40 restricts social media posts and advertisements published by athletes and sponsors during the Games, both in volume and content.

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Intellectual Property Social Media IP Trademark 105

43(B)log

MAY 16, 2022

To be sure, some posts did refer to a future party, but none had any particulars. To the extent [the Board’s] appeal attempts to improperly use trademark laws to block the expression of negative views about the university and its administration, such efforts fail.”

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False Advertising Advertising Advertising Trademark Law 72

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 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. Exceptions As the coin have both the side in the same way the doctrine of dilution of trademark also have some exceptions.

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Trademark Branding Branding Brands 96

SpicyIP

MAY 15, 2024

The same could be said about Google’s Ads program wherein it seems to have successfully charted through the trademark laws to smoothly bypass them in allowing firms to bid for their competitor’s trademark as a keyword for their advertisement.

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Velocity of Content

JULY 26, 2022

In contrast, trademarks in the United States —in some instances referred to as service marks or trade names—are created by use by a person “in commerce”; technically, no government approval is required. As well as the many other trademarks that each of them uses). See also: RC Cola, Polar Cola, Jolt!—and and so on. )

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The IP Law Blog

MARCH 5, 2021

and (2) Does the relevant public understand the designation primarily to refer to that class of goods or services? While a generic term cannot become a trademark, a trademark can become generic. This is commonly referred to as Genericide. Xerox ran an advertising campaign “You can’t Xerox a Xerox on a Xerox.

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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. The concept of passing off under trademarks law was used to provide relief to the plaintiff. Passing-off refers to misrepresenting someone else’s goods as one’s own. In Amitabh Bhachchan v.

Personality Rights 97

Personality Rights Intellectual Property Social Media Intellectual Property Law 97

Technology & Marketing Law Blog

AUGUST 5, 2022

The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” She also pointed to anecdotal references by JLM employees to the accounts as Ms. Gutman’s “personal accounts,” but the court says these stray references are hardly determinative.

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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] Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3]

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Trademark and Copyright Law Blog

JULY 9, 2020

While a competitor might wish to use the mark to engage in nominative fair use and comparative advertising, these are, of course, permitted despite a trademark owner’s rights.). In other words, Booking.com has already largely addressed the potential problem of “booking.somethingelse,” via the DNS rather than trademark law.

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The IP Law Blog

DECEMBER 23, 2021

In November 2021, fast-food chain Jack in the Box sued FTX, a cryptocurrency exchange launched in 2019, over an allegedly infringing mascot named Lunar, referred to as “Moon Man”. In its complaint, Jack references various tweets regarding the FTX Moon Man such as “Oh look, it’s Walmart Jack in the Box!” Jack in the Box is not happy.

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Kashishipr

AUGUST 18, 2021

These intangible assets are often used in collaboration with other marks by the formation of a trademark portfolio, which consists of marks sharing a few characteristics and belonging to one entity. The issue of the distinctiveness of a family of trademarks was brought forth in the case of Pure & Simple Concepts, Inc.

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Kashishipr

AUGUST 24, 2022

Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India.

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