IP and Legal Filings

JULY 5, 2023

Introduction Trademarks are recognised phrases, words, or symbols that designate a certain item and lawfully distinguish it from all other items of the same type. A trademark is a valuable intellectual property that businesses use to differentiate their brand from their competitors’ in the market.

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Trademark Registration Branding Brands 59

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” Trademark Owner Sues Over Alleged Twittersquatting–Coventry First, LLC v.

Social Media 101

Social Media Ownership Branding Brands 101

IIPRD

JUNE 13, 2024

When artificial technologies are utilized for creating innovations, such as employing evolutionary algorithms for antenna design or engaging IBM Watson to produce music, IPR laws become relevant. AI is doing lots of creative work in the fields of animation, web apps, images, music, designing, and various other things.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

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] When a mark is graphically represented and can distinguish the goods and services of one proprietor from another, it can be registered as a trademark. [9]

Registration 81

Registration Trademark Trademark Law Law 81

43(B)log

FEBRUARY 19, 2022

NAACP—these courts very clearly say that trademark law applies to commercial speech, defined as it is in First Amendment case law, and not to noncommercial speech. Some of the work is also done by the idea that trademark control extends only to the name/logo of a congregation and not to other elements of worship.

Trademark Law 72

Trademark Law Trademark Art Branding 72

IP and Legal Filings

OCTOBER 23, 2023

The issue of counterfeiting not only compromises a brand’s reputation or brand value, but also puts consumer safety at risk by allowing the sale and uninformed purchase of sub-standard goods. The online marketplaces can be held liable only when the trademark owners take certain steps. Nakul Bajaj & Ors. [4]

Marketing 88

Marketing Marketing Trademark Registration 88

SpicyIP

MAY 18, 2022

The definition of these terms is unclear. The term ‘digital product’ has been used in certain laws but the term itself has not been defined. If every real-world brand is also entitled to register all its goods and services in the virtual world, the trademark registration system would be considerably burdened.

Non-Fungible Tokens 108

Non-Fungible Tokens Trademark Artwork Art 108

Kashishipr

MAY 11, 2022

A trademark refers to a recognizable expression, design, or sign uniquely identifying the products or services of a specific source and differentiating them from those of others. A trademark may be located on the packaging, voucher, label, or the product itself. Law on Color Trademarks in India.

Trademark Law 105

Trademark Law Trademark Law Branding 105

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. That doesn’t mean that 43(a) couldn’t go beyond classic trademark protection. But what is TM use? of Ala, LV v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

IIPRD

OCTOBER 14, 2022

It needs to be noted that at this juncture IPR policy is jurisdictional and differs from nation to nation; but to do a comprehensive analysis, the focus of this article would be limited to the IPR laws for FinTech in India only. As of the current time, there is no prescribed definition of this terminology. WHAT IS A FINTECH.

Intellectual Property 52

Intellectual Property Confidentiality Copyright Technology 52

Erik K Pelton

MARCH 11, 2022

As a trademark law firm, we represent a wide array of clients but predominantly focus on helping small business owners protect their intellectual property. In recent years, trademark scams have proliferated and become increasingly problematic, particularly for small business owners. About Erik M. Pelton & Associates, PLLC.

Government 147

Government Business Trademark Blogging 147

Technology & Marketing Law Blog

MARCH 10, 2022

What about employee social media laws? Maryland enacted a social media privacy law in 2021. As with other such laws, this law struggles with definitions. Trademark Owner Sues Over Alleged Twittersquatting–Coventry First, LLC v. Steps Brand Owners Can Take to Deal With Brandjacking on Social Networks.

Social Media 82

Social Media Contracts Ownership Business 82

43(B)log

JUNE 24, 2022

Other IP rights: utility patent creates presumption of functionality; wonders about whether presence of non-TM IP protection for ornamental features—design patent, ©--might create a presumption of mere ornamentality w/o further evidence of source signification. Every figurative TM will be protected by ©/design, built into the system.

Trademark Law 75

Trademark Law Law Trademark Registration 75

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.

Trademark 78

Trademark Registering Trademarks Trademark Law Branding 78

IP and Legal Filings

AUGUST 3, 2023

Marks consisting of designs or patterns may also be rejected as a failure to function. When a trademark is rejected primarily because it is decorative or ornamental, and lacks the ability to function as a source identifier, it is called an ornamental refusal. This leaves the brands and their counsels quite uncertain.

Registration 52

Registration Branding Brands Branding 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

I’m not sure what law prevents Google from placing ads over marketing brochures or print ads OTHER THAN COPYRIGHT LAW (or possibly trademark law–but at this point, what does any of this have to do with IMPLIED-IN-LAW CONTRACTS?). What about updates of browser software?

Licensing 91

Licensing Copyright Contracts Advertising 91

LexBlog IP

APRIL 12, 2023

I briefly mentioned Abitron here recently , but it deserves more attention in the context of defining the boundaries of US trademark laws and just on the notion of defining words. Hetronic prevailed at trial to the tune of $114 million in damages, $90 million of which were awarded on the trademark claims.

Law 52

Law IP Intellectual Property Copyright 52

IIPRD

JANUARY 21, 2022

This distinct packaging assists the consumers in associating a product with a particular brand which helps in developing the goodwill and reputation of the brand. Also, the scope of trade dress protection is comparatively a lot broader than the protection offered by the trademark law.

Branding 40

Branding Brands Branding Trademark Law 40

Garrigues Blog

MAY 25, 2022

patents, trademarks, designs, original works), and if applicable, it must be assessed whether the unfair competition rules apply secondarily. UCL has to be interpreted carefully, because it is not the same as the definition of association in the field of trademark law (i.e.

Law 52

Law Marketing Marketing Business 52

Technology & Marketing Law Blog

MAY 30, 2023

Accordingly, the court preliminarily enjoins the Owocs from posting to the accounts until ownership is definitively adjudicated. Monaghan Trademark Owner Sues Over Alleged Twittersquatting–Coventry First, LLC v. Fredman Design Group MySpace Profile and Friends List May Be Trade Secrets (?)–Christou Spartz, Inc. Christou v.

Social Media 82

Social Media Ownership Marketing Marketing 82

43(B)log

APRIL 17, 2023

Quincy sued BRYK “under multiple legal theories for making unauthorized sales of products branded with Quincy’s PREVAGEN trademark.” But the unauthorized sale of a genuine product does not violate trademark law. Quincy also alleges that some of the orders it received from BRYK “arrived with no outer packaging whatsoever.”

False Advertising 45

False Advertising Advertising Advertising Trademark 45

Corsearch

AUGUST 30, 2023

B What is a brand? This is often understood simply as a synonym to trademark, but nowadays a brand is seen as the sum of all of customers’ experiences of the company or product in question. Trademarks are those elements of a brand which can be legally protected. C What is a trademark cancellation?

Trademark 52

Trademark Registration Registering Trademarks Designs 52

SpicyIP

JANUARY 2, 2022

In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. The Division Bench reiterated that what makes something a trademark is the power to distinguish a product from others.

IP 136

IP Intellectual Property Copyright Trademark 136

LexBlog IP

SEPTEMBER 29, 2022

19 The distinctive character of a trade mark must be assessed by reference, first, to the goods or services in respect of which registration is sought and, second, to the perception of the relevant public (see judgment of 12 February 2004, Henkel, C‑218/01, EU:C:2004:88, paragraph 50 and the case-law cited).

Trademark 52

Trademark Registration Music Intellectual Property 52

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

IP 112

IP Copyright Trademark Intellectual Property 112

IP and Legal Filings

FEBRUARY 20, 2024

.” Dark patterns are deceptive tactics or design patterns that impair people’s autonomy, decision-making, or choice to force them to do something. The complaint claims that artificial intelligence-created deepfakes of Anil Kapoor and his name-branded websites defraud customers. Stanford Law Review , 58 (4), 1161–1220.

Personality Rights 64

Personality Rights Privacy Social Media Copyright 64

IIPRD

JUNE 8, 2024

Abstract In the dynamic realm of the fashion industry, the saying ‘following in someone’s footsteps’ takes on a new dimension, where the replication of designs is not a mere stride but a strategic dance. Up-and-coming artists can exhibit their work to attract attention and serve as an inspiration to well-known brands.

Intellectual Property 52

Intellectual Property Designs Design Branding 52

Technology & Marketing Law Blog

JUNE 21, 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 recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.

Trademark 101

Trademark Blogging Trademark Law Fair Use 101

LexBlog IP

FEBRUARY 16, 2023

On January 13, the China National Intellectual Property Administration (CNIPA) circulated a draft amendment to the PRC Trademark Law for public comment (“TML Draft Amendment”). It includes the addition of 23 new articles, as well as organizational or substantive revisions to 51 articles of the current Trademark Law.

Trademark Law 40

Trademark Law Trademark Law Registering Trademarks 40

43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? PTO very occasionally recognizes this—weave pattern for Bottega Veneta, looked at the definition of the mark and said no one would notice the millimeter width of the weave. For example, embedded within analysis of likely confusion factors?

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

43(B)log

FEBRUARY 3, 2023

Rierson, Trademark Law and the Creep of Legal Formalism Various rules w/in TM law have been codified that we seem to be treating more as formalistic labels or bright line rules when a more practical approach is preferable in TM context instead of leaning on labels. I don’t think that’s true either. 3) Functionality.

False Advertising 45

False Advertising Trademark Advertising Advertising 45

LexBlog IP

JUNE 9, 2023

In particular, SCOTUS noted that a product that uses a trademark as a source-designating symbol is the “heartland” of the Lanham Act and should not be entitled to the First Amendment offramp of the Rogers test. Without careful scrutiny, powerful brands could use surveys as a tool for “silencing a great many parodies.”

Trademark 52

Trademark Government Trademark Law Branding 52

43(B)log

NOVEMBER 8, 2023

VIP Products, the Court held that it did not need to apply or even decide the validity of a speech-protective limit on trademark law designed to prevent trademark owners from shutting down expressive works that comment on trademarks, known as the Rogers test.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

Technology & Marketing Law Blog

JANUARY 28, 2022

This is a lawsuit between a wedding gown company, JLM, and Hayley Paige Gutman, a designer/influencer who worked for JLM. Gutman gave JLM the “exclusive” right to use her name in connection with bridal wear for the term of the agreement and two years following (provided she participated in the design of such clothing).

Social Media 92

Social Media Ownership Contracts Privacy 92

43(B)log

OCTOBER 4, 2021

But even if the n-word isn’t unregistrable because it’s scandalous or disparaging, it may still be unregistrable because it already has so much expressive meaning that it’s simply incapable of adding a trademark function. This a Tom Sachs painting from his recent series of brand paintings. Is this explicitly misleading?

IP 94

IP Trademark Advertising Advertising 94