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The following is an edited transcript of Chapter 17 of my book video Building a Bold Brand: Enforcement vs. Others An important tool to keep a brand strong and legally protected is to deal with infringement situations when they arise, whether you are the accuser or the alleged infringer. Then, talk to an informed attorney.
Introduction Registration of a trademark is an important step toward building a brand on solid ground. Lack of distinctiveness to incorrect classification are among the common errors that can bring derailment upon your trademark registration.
Unsurprisingly, Sony sent DBrand a cease-and-desist letter , which the Canadian company published online and used to generate marketing for a newer, allegedly “not illegal,” albeit similar, product. com, for example, was forced to rebrand and stop selling PS5 plates after Sony threatened legal action over a trademark dispute.
The following is an edited transcript of my video Even Trademark Lawyers Make Branding Mistakes. Believe it or not, even trademark lawyers can make branding–or maybe even trademark mistakes–from time to time. I still use TM4SMALLBIZ from time to time in my branding. But we rebranded to Erik M.
To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Trademark and Halloween Costumes. The other major part of the question is trademark. Trademark infringement, however, isn’t like copyright. Copyright and Halloween Costumes.
With the FIFA 2022 World Cup in full swing, it is a great time to review the “playing field” for trademark protection. Goalie – The ultimate protector and backstop: Trademark Registration. Offense – goal scoring and attacking: litigating as needed to protect the brand.
Delta Faucet Company , a prominent manufacturer of kitchen and bathroom fixtures, alleges that Justin and Andrew Bundrick engaged in unauthorized sales of Delta-branded products via Amazon storefronts SummitMerch (previously BunjiSolutions) and A.B.Sales . Test purchases indicated improper packaging and the absence of Deltas warranty.
The following is an edited transcript of my book video Building a Bold Brand Chapter 6: Why Apply to Register Trademark registration with the USPTO has tremendous value. A trademark registration is a tangible asset that can be assigned, licensed, or used as collateral in the sale of a business.
They drive down your prices, confuse customers, and can seriously damage a brand’s reputation. With the right legal protections and smart strategies, you can keep control of your brand, protect your pricing, and ensure customers get exactly what they paid for. Your return on investment from vigorous brand enforcement is real.
A cease-and-desist (C&D) letter typically demands that the recipient stop (cease) doing something now and avoid (desist from) doing it in the future, or risk being sued. By: Smart & Biggar
The lawsuit accuses the Baileys of trademark infringement , deceptive trade practices , and breaching their franchise agreement with RestoPros. Despite multiple cease-and-desist requests, the Defendants reportedly ignored RestoPros attempts to settle the matter outside of court. and its owners, Dale L. Bailey and Brandy M.
That includes entities that attempt to use DMCA takedown notices to enforce trademark disputes, or prefer to avoid the DMCA altogether by portraying copyright complaints as something more serious. While that would be convenient, it’s impossible to send a valid DMCA takedown notice for alleged trademark infringement.
The National Football League (NFL) , organizers of the event, have created and grown the brand of the Super Bowl to what it is today. 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”.
The following is an edited transcript of my video, What Are the Potential Costs of an Unprotected Trademark. Then they received a cease-and-desist letter: another company had already registered the identical brand name for the identical services. But there’s also the damage to the brand that comes with the change.
The following is an edited transcript of my video, The Trademark Protection Decathlon. The Summer Olympics got me thinking about what it would take for a decathlon of trademark protection: to be well-rounded and ensure that a brand, a trademark, has covered all the angles and excels at everything. Choose a creative name.
The harm caused to brands by counterfeiting goes far beyond loss of sales or profits. Fake goods jeopardize public health and safety when a brand’strademark is applied to a sub-standard and potentially harmful product. What is more, the reputational damage inflicted by low-quality products can be devastating.
The following is an excerpt from my book, Building a Bold Brand. Trademark registration with the United States Patent and Trademark. as low as $225, and the resulting trademark registration provides a. show both employees and customers the brand’s value and. trademark can even be assigned a dollar value.
The following is an edited transcript of my video, Why Apply to Register Your Trademark. There are several key benefits to trademark registration. In fact, I’m certain that happens every single day to thousands of brands when people are coming up with names or clearing names and we never hear about them.
The holder of the trademark on Puff Labs Stix nicotine vapes is suing rivals in California federal court claiming they are infringing on its Puff brand marks and confusing consumers, adding that the competitors have sent it meritless cease-and-desist letters.
Introduction Trademarks are an important division of Intellectual Property Rights (IPR) as it considerably contributes in identification and promotion of a product. A well- known trademark helps the consumers in spotting the difference between similar products by educating them about the product which results in informed choices.
The following is an excerpt from my book, Building a Bold Brand. I am particularly sensitive to the trademark challenges that small businesses face for several reasons. Pelton & Associates, to advise and counsel others about trademark protection. a great trademark: Marketing department. Corporate attorney.
Why send a cease-and-desist letter? On its surface, a cease-and-desist letter seems like a less expensive way to enforce intellectual property rights. Are Amazon sellers using a similar brand or product name? Would it make sense to send them a trademark infringement letter. Should you send a C&D letter?
Trademarks provide multiple crucial advantages to businesses and customers alike. Additionally, they help the customers distinguish between brands and understand the quality of the products they buy. Trademarks also carry all the image and reputation a brand builds over the years.
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.
By mimicking the packaging of beloved candy brands like Skittles, Nerds, and Sour Patch Kids, they’re not just breaking the law—they’re playing a dangerous game of “Guess Who Ate the Weed Gummies?” ” Trademark infringement doesn’t usually get a seat at the holiday dinner table, but it’s front and center here.
The Summer Olympics starts in just a few days, and with it comes a flurry of cease-and-desist letters from the U.S. The Olympics benefits from extra special trademark protection here in the United States. When advertisers use the Olympics brand without authorization, the USOC views this as a loss of sponsorship dollars.
Introduction A trademark is a symbol that differentiates one’s brand from another. A trademark is a symbol that can consist of a device, label, name, signature, combination of colors and much more. The process of filing for a trademark can be complex and making mistakes while filing can lead to delays or rejections.
Introduction The case revolved around the unauthorised use of the Infosys trademark by Southern Infosys Limited. This is an important ruling that underscores the importance of trademark protection and issues of infringement. Plaintiff’s Arguments The Infosys trademark has been used since 1981.
The same can be possible through trademarking any word, symbol, design, or phrase that the company uses to identify itself in the marketplace. Part of this research includes performing a Trademark Clearance Search. Elements of Trademark Clearance. There is a wide range of places to search when it comes to trademark clearance.
TPG is a service built around the brand of a world-traveling man sipping champagne in first class, selling to the world his knowledge of the best rewards programs for credit cards and flights. On January 9th, American Airlines sent TPG a cease-and-desist letter. Of course, Facebook objected and sent a cease-and-desist letter.
Thou Shalt not Register Your Trade Union with a Name in the Likeness of My Trademark Reportedly, Samsung India is opposing the use of ‘Samsung’ in an application to register the trade union of it’s workers. The Court noted the expiration of the license and the respondents’ registered trademark rights.
Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Corporations must establish online identities, such as logos, slogans, product names, and brands, to build consumer awareness, loyalty, and trust.
How can you realistically enforce your trademarks? Trademark enforcement is not only for millionaires and big companies. Startups and small businesses can use cost-effective ways to stop or discourage trademark infringement. By employing smart tactics, you can increase trademark protection while spending less.
Case Summaries Resilient Innovations Private Limited vs Waterbot Online Solutions Private Limited on 17 April, 2025 (Delhi High Court) The plaintiff filed a suit seeking permanent injunction against copyright and trademark infringement, passing off and other ancillary reliefs, against multiple defendants. 63(4)(c), BSA. 63, Copyright Act.
It sent Kiwi cease and desist letters and has implemented security measures, but “Kiwi has continued to hack the Southwest website and sell Southwest flights without permission.”. Southwest asserts claims under the CFAA, the Texas computer crime statute, breach of contract, and trademark.
The growth of internet and internet related facilities have made brands shift a major part of their business online, some generating the entirety of their income through online sales. In this blog, we will see brands and trademarks on the internet and how to protect them from infringement. Domain names and trademarks.
The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. When it comes to food designs, how far can a trademark go? On September 28, 2021 , The Hershey Co. Cookie Department”) for copying Hershey’s famous Kisses shape.
Our technology and internet lawyers are constantly contacted by Amazon sellers trying to protect their brand names and products on the Amazon marketplace. One of the most common brand protection issues involves gray market sellers and counterfeits on Amazon. There’s both good news and bad news.
If you need brand protection in Colombia, this information might be useful: Colombian Customs’ Authorities issue alerts by email. This way authorities will remember your trademark and provide a way for you to clearly show what your company is doing and what your main products are. Training sessions in Colombia are still necessary.
Trademark infringement is the nightmare that keeps big brands up at night. In a world where maintaining a distinctive identity and protecting consumer trust is a constant battle, safeguarding your trademarks is crucial. What is trademark infringement? Let’s start with the basics; what is trademark infringement?
Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. Is this however a case of trademark infringement? Trademark or Unfair Competition? And, why is this important?
The court awarded Forest River a $2 million judgment in its trademark infringement case against local competitor inTech Trailers Inc., This infringement stemmed from inTech’s introduction of a “Terra” brand travel trailer, which the jury found to bear similarities to Forest River’s established trademarks.
A California federal judge has determined that a Los Angeles sake brand can't litigate a trademark dispute in the Golden State with a similarly named wine store in Brooklyn, saying a cease and desist letter wasn't enough to establish jurisdiction.
Introduction Trademarks are valuable assets for businesses; they reflect the identity, reputation and goodwill that a company builds with its target consumer. However, filing for a trademark is one thing; maintaining its continued existence is equally essential. What is meant by trademark abandonment, then? In the U.S.,
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