Technology & Marketing Law Blog

MARCH 6, 2024

Tomelleri (who has appeared on this blog before ) illustrates fishes (see court exhibit on the right). If that rings a bell, it’s because just yesterday I blogged on a DIFFERENT fish painter, DeYoung, who also brought an IP lawsuit against a print-on-demand service (Pixels).

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Copyright Trademark Law Publishing Copyright Infringement 119

Technology & Marketing Law Blog

MARCH 8, 2022

I explain my concerns with the SHOP SAFE Act in excruciating detail in this blog post from last year. For bonus coverage, see my blog post on the INFORM Act.]. * * *. academics with expertise in trademark law. The SHOP SAFE Act would do this by fundamentally changing trademark law. March 8, 2022.

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Trademark Trademark Law Law Blogging 144

JIPEL Copyright Blog

DECEMBER 15, 2021

While these cases exemplify the tension between different brands and their trademarks, they also allude to the growing misalignment between the luxury fashion industry and trademark law. Indeed, fast fashion has already flooded the market with similar products at a lower price point.

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Trademark Law Marketing Marketing Trademark 52

Above the Fold

FEBRUARY 11, 2024

Will any of your old favorite marketing campaigns be brought back? I look forward to posting about the Super Bowl every year — not because I love football (I do) but because it’s the only time I actually appreciate watching commercials (truly). What will companies pay for a spot this year? Which celebrities will be featured?

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Blogging Advertising Advertising Trademark Law 52

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. Alibaba N.D.

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Trademark Law Trademark IP Blogging 111

LexBlog IP

FEBRUARY 11, 2024

Will any of your old favorite marketing campaigns be brought back? I look forward to posting about the Super Bowl every year — not because I love football (I do) but because it’s the only time I actually appreciate watching commercials (truly). What will companies pay for a spot this year? Which celebrities will be featured?

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Blogging Advertising Advertising Trademark Law 52

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.

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Trademark Law Trademark Law Branding 57

IP and Legal Filings

OCTOBER 23, 2023

These E-commerce platforms make it simple to access consumer goods from a computer or smart phone, but they also, by their very nature, make it simple for counterfeiters to market their counterfeit goods. In the year 2017 the market value of the E-commerce was $38.5 Nakul Bajaj &Ors, [Civil Suit No. 344/2018]. [6] 344/2018]. [7]

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Marketing Marketing Trademark Registration 98

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

.” With respect to policy, the majority goes property-absolutist: “Because state property rights can facilitate market exchange, interpreting the § 230(e)(2) limitation to include state intellectual property laws tracks Congress’s pro-free-market goal.” I even agree with the latter point!) Facebook , Nos.

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Intellectual Property Trademark Marketing Marketing 144

Kashishipr

MARCH 2, 2022

Therefore, even after a trademark office grants you your exclusive trademark rights, you must do your part to safeguard such rights well. No trademark office across the globe will ever keep a watch on the market for unauthorized use of your Registered Trademark. Non-Use of a Registered Trademark.

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Registering Trademarks Trademark Registration Trademark Law 105

Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” For more details, see the section “A Brief History of Copyright Registration” in my previous blog post.). 881 (2019), and my previous blog post. Factual and Procedural Background.

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IP and Legal Filings

DECEMBER 3, 2024

To secure a trademark in different legal jurisdictions is a time-, cost-, and process-draining exercise. Madrid Protocol provides a simplified mechanism towards even more unifying international registration for trademarks to overcome such hurdles. Separate applications for trademarks are still required for those markets.

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Registration Trademark Intellectual Property Branding 94

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

The IP Law Blog

JULY 14, 2021

In this week’s episode of The Briefing by The IP Law Blog , attorneys Scott Hervey and Josh Escovedo discuss the trademark litigation between Nike and a custom shoe maker, MSCHF (pronounced “Mischief”). The shoes were tied into marketing by Rapper Lil Nas X, and all 666 pairs created by MSCHF were sold. In Nike Inc.

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Blogging Litigation IP Marketing 98

Technology & Marketing Law Blog

OCTOBER 5, 2023

The court could have cited two recent Supreme Court cases (Jack Daniels and Abitron) for the proposition that trademark law only applies when parties are using a trademark as a mark , i.e., to identify and distinguish the source of marketplace goods. ” Trademark law does not restrict that usage.

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Trademark Fair Use Trademark Law Branding 133

IP and Legal Filings

NOVEMBER 12, 2024

One of the most effective ways to protect your brand and all that it owns, including distinctive features, is through the registration of a trademark. Trademark law grants legal protection of your business name, logo, or slogan against other individuals using the same with regard to protection over intellectual property.

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Trademark Branding Brands Branding 96

Technology & Marketing Law Blog

NOVEMBER 11, 2023

The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines, Car-Freshner has turned into a serial plaintiff, though this is my first time blogging them in-depth. The contributory trademark infringement claim survives a motion to dismiss. Meta Platforms, Inc.

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Trademark Contracts Blogging Fair Use 115

Kashishipr

AUGUST 25, 2021

A critical issue to be addressed is whether these limited-edition products can get protection under Intellectual Property (IP) law, just as regular products do, and if yes, then which is the most appropriate form of IP Protection ? Protection for Limited Edition Products under Trademark Law. For more visit: [link].

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Editing Law IP Design 105

Technology & Marketing Law Blog

DECEMBER 19, 2021

Earlier this year, I blogged a ruling holding that Seeking Arrangements’ trademark infringement claim against Luxy could proceed because Luxy included Seeking Arrangements’ purported trademarks in its keyword metatags. Luxy appeared first on Technology & Marketing Law Blog.

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Advertising Advertising Settlement Trademark 111

Technology & Marketing Law Blog

AUGUST 5, 2022

We blogged this case twice before. Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” Gutman’s personality and personal life, these were part of the overall marketing strategy for JLM. Social Media and Trademark Law” Talk Notes.

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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. Simply put, trademark genericization is the death of the mark as it no longer acts as a source indicator of the brand owner. For more visit: [link].

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Trademark Branding Brands Branding 105

Technology & Marketing Law Blog

JUNE 8, 2024

We usually get ours at the local farmers market.] In an April 2023 summary judgment ruling , the plaintiff established that it “possesses the legally protectable, incontestable trademarks TEXAS TAMALE and TEXAS TAMALE COMPANY.” CPUSA2 appeared first on Technology & Marketing Law Blog.

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Trademark Advertising Advertising False Advertising 129

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 Brands 105

Kashishipr

JUNE 4, 2021

The relatively new advent allows the marketers to put the barcodes on several different items and allow smartphone users to scan them and discover more information. Can we Trademark QR Codes? Thus, the sign cannot be used to distinguish goods or services in the market. The post Can QR Codes be Trademarked?

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Trademark Intellectual Property Registration Trademark Law 97

The IPKat

APRIL 5, 2022

For the purposes of this Law, “act of unfair competition” means that in its production or distribution activities, a business disrupts the order of market competition and causes damage to the lawful rights and interests of the other businesses or consumers, in violation of this Law.

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Law Business Marketing Marketing 95

IP and Legal Filings

SEPTEMBER 10, 2024

A company/any person who can secure ownership over products and services, benefits not only the domestic income but also increases the recognition in the international market. The process of filing for a trademark can be complex and making mistakes while filing can lead to delays or rejections.

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Trademark Cease and Desist Branding Brands 93

IPilogue

OCTOBER 18, 2022

In its injunction motion, WOTC considers criteria based on the trademark application examination process under US law. WOTC asserts that TSR LLC cannot register the marks in question because of factors such as proximity of goods, similarity of the marks, marketing channel convergence, and ultimately, consumer confusion.

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Trademark Trademark Law Intellectual Property Law Publishing 101

Kashishipr

AUGUST 18, 2021

Brought into commerce since the purchasing audience recognizes the common features of the many marks and contemplates that the goods or services originate from a common trademark owner. Therefore, the adoption of a series of marks to commercially market goods and services would not suffice the creation of a family of marks.

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Trademark Registration Branding Brands 105

Kashishipr

APRIL 27, 2022

The reason why there has been a sharp increase in moving logos being incorporated as trademarks by many companies is that the contemporary market is now innovating new products with sensory and unique experiences to leave a mark on their customers and develop a distinct and novel reputation. Motion Trademarks in India.

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Registration Trademark Branding Brands 105

IP Tech Blog

AUGUST 17, 2022

The case was adjudicated in 2022 by the Weihai Market Supervision and Administration Bureau of Shandong Province in favor of Tsingtao Brewery and has been selected as a model trademark enforcement case by the State Administration for Market Regulation. Is this however a case of trademark infringement? Tsingtao’s choice.

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Trademark Registering Trademarks Art Cease and Desist 104

More Than Your Mark

AUGUST 20, 2021

If you have invented a 3-D printed product or have a new printing process, remember to consult an intellectual property lawyer before marketing it. 3-D Printing and Copyrights, Patents, or Trademarks. Trademarks. Copyrights. Contact Norris McLaughlin About Intellectual Property Disputes Over 3-D Designs.

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Technology & Marketing Law Blog

APRIL 29, 2023

.” Most of the opinion discusses the trademark implications of Ripps’ rival NFT collection. With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v.

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Fair Use Cease and Desist Copyright Trademark 105

Technology & Marketing Law Blog

OCTOBER 17, 2022

Any person looking at the listings in question would instantly interpret “emoji” as describing the product’s physical attributes–AS TRADEMARK LAW PERMITS IT TO DO. The post If the Word “Emoji” is a Protectable Trademark, What Happens Next?–Emoji –Emoji GmbH v.

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Trademark Fair Use Registration Licensing 124

Kashishipr

DECEMBER 15, 2021

For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. In simple terms, the shape must be highly recognizable, noticeably distinct from other products in the market, and offer a clear indication of the origin of the product. Registration took two years.

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Trademark Intellectual Property Registration Design 105

JIPL Online

APRIL 7, 2021

By: Tyler Dysart The sports apparel market is plagued by counterfeit products that reproduce athletic teams’ trademarks at a fraction of the cost. This is out of line with the modern policies behind trademark law, which is to protect consumers, not the manufacturers.

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Marketing Marketing Licensing Trademark Law 40

Technology & Marketing Law Blog

AUGUST 17, 2021

It’s a defect of the common law tradition; bad doctrinal memes rarely die, and even those fading away are just one ill-advised case from being resurrected. What are “marketing rights”??? McNeil appeared first on Technology & Marketing Law Blog. Case citation : Jim S. Adler, P.C.

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Advertising Advertising Trademark Settlement 105

Technology & Marketing Law Blog

MAY 22, 2023

Nor can it be said to show that Defendants’ marketing strategy made confusion likely. While this is a startling good defense ruling from a trademark law standpoint, I could see a state bar arguing that ads violate ethics rules if they produce hundreds of potentially misdirected prospective clients.

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