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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.
Duediligence of trademark registrations can get lost in the shuffle. But thorough review of brand assets can help avoid pitfalls and maximize the investment. In a complex merger or acquisition, there are many moving parts. By: Erise IP
In a world that’s dominated by viral social media posts and catchy headlines, branding is everything. Last week we noticed that one of the most iconic file-sharing brands was making headlines once again. The original trademarks have expired and the NFT website uses a new logo, so they can use the brand.
Branding is important because not only does it create a memorable impression among the public, but it allows consumers to know what to expect from your company. It is a way of distinguishing your brand from the competitors. Get that wrong, and it is no exaggeration to say that your brand will sink even before it has a chance.
This case highlights the intersection of trademark law and e-commerce regulation, raising questions about the accountability of online marketplaces in protecting brand integrity. of facilitating the sale of counterfeit BHPC products, tarnishing the brands image and causing substantial financial loss. crore (USD 33.78
Hence, more and more mergers and acquisitions involve intellectual property which gives rise to the demand for Intellectual Property (IP) Due-Diligence at the time of Mergers, Acquisitions, etc. Evolving Significance of IP Due-Diligence for an M&A Transaction. of such businesses. for sale in the late 1990s.
But any company preparing to sell within the next five years should consider the more common IP issues that arise during the legal duediligence process. In most cases, this can be broken down between two central areas – technology and branding. Branding is protected by either registered or common law trademarks.
With growing businesses atmosphere and more strong duediligence in terms of getting aware of their rights, there has been a huge influx in registering of their IP assets. Talking about the United States Patent and Trademark Office (USPTO), the businesses are more into getting a US trademark registration due to its more relevance.
These NFT drops offer valuable learning lessons which every NFT project, brand, and company must consider before launching their NFTs project. In this video, we will also examine the legal strategies each project got right on trademark registration and copyright licensing. What Is A Trademark & How Does It Impact NFT Drops?
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. Image Sources: Shutterstock] Amid this growth, the issue of trademark infringement is faced by the trademark owners in online marketplaces.
Trademark Collateral Security Agreements. Registered or pending trademarks ( intellectual property) can be used as a form of collateral to secure a loan from a financier. Perfecting a security interest in trademarks and other IP’s is not as clear as it is for other kinds of personal property.
IP assets, such as patents, trademarks, and copyrights, can be used to generate revenue, enhance brand value, and protect against competition. OlarteMoure can provide expertise in IP valuation, duediligence, and transaction structuring, which is valuable to both IP owners and investors. such as in the ASIA IN program.
IP assets, such as patents, trademarks, and copyrights, can be used to generate revenue, enhance brand value, and protect against competition. OlarteMoure can provide expertise in IP valuation, duediligence, and transaction structuring, which is valuable to both IP owners and investors.
For example, it’s not generally appreciated that protecting IP starts by understanding how to choose effective names, address questions of brand architecture, such as after a merger, as well as to know how the various IP rights protect key aspects of products and services. IP is about managing competition. appeared first on Azrights.
Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. NFTs also may embody or use trademarks. This is highlighted in the case of Hermès International v.
Your company has invested in developing its goodwill and protecting its brands, and now seeks to bring in partners. Or perhaps your company seeks to grow by on-boarding third-party brands. Duediligence for mergers and acquisitions. Co-branding agreements. Bankruptcy. Nicole Kinsley , Counsel, Foley Hoag LLP.
Introducing Brand Tuned. To give businesses the best start in life when it comes to developing a new brand, it is essential that intellectual advice is taken during branding projects so the brand can stand, be distinctive, and use protected IP to remain unique. It’s the very heart and soul of your brand.
So, he was in disbelief when he received a cease and desist letter from lawyers acting for the high end China Tang at the Dorchester Hotel in Mayfair whose rights to use the name stemmed from a figurative trademark in class 43 (restaurant services, catering services, cafes, cafeterias, and self-service restaurants) registered in 2005.
If you design IP protection into the business through your agreements, choice of brand name and other identifiers you strengthen your position against the most common and damaging forms of copying in business. Lack of appreciation about what ‘brand’ and ‘IP’ mean and entail is why better education on brand creation is essential.
AllState Insurance Company (“Allstate”) recently filed a lawsuit against Kia Motors (“Kia”) for trademark infringement over the use of the two words “drive” and “wise.” The post A Trademark Fight Over Nearly Identical Names: Is There Confusion? By: Sharon Urias, Esq. Both companies use the words as monikers for their products.
Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. NFTs also may embody or use trademarks. This is highlighted in the case of Hermès International v.
Introduction It is not uncommon for market competitors to find themselves in a courtroom confrontation over trademark infringement cases. On the other hand, New Delhi-based Resilient Innovations Private Limited (Defendant) is a relatively new company known for its brand BharatPe.
Contrarily, the term “intellectual property” (IP) refers to a wide range of exclusive rights over intangible properties, including patents, trademarks, copyrights, geographical indications and appellations of origin, design rights, protection of plant varieties, traditional knowledge, and trade secrets. IP duediligence.
Fish & Richardson has been recognized as a top national trademark law firm for the 11 th consecutive year by World Trademark Review ( WTR ) 1000. The publication added that “the firm has been protecting illustrious brands for many decades, with an unswerving commitment to providing an efficient, high-quality service.”. “We
Yet cannabis businesses continue to grapple with protecting their brands, as trademark protection at the federal level remains unavailable. The current hodgepodge of state trademark regimes will undoubtedly result in litigation and a race to register federal marks once Congress legalizes cannabis.
The trademark law firmly establishes that a trademark owner reserves the exclusive right to use the trademark and enforce the same. This is often perceived as a means of brand building and a way to assert and secure their position and goodwill in the market to avoid losing customers or market share to the smaller entities.
I think you would agree with me that protecting a brand has become increasingly difficult in this digital era, where originality is becoming a thing of the past. So, how do you approach this issue when your brand is caught in the middle of it? This is the most cost effective and time conscious way to prevent squatters.
Any form of Intellectual Property (IP) , be it a trademark, patent, or copyright, can be licensed to third parties. Through IP licensing, IP rights holders grant third parties the exclusive right to use their IP while retaining their ownership. Creating the IP Licensing Agreement.
Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising. Patent & Trademark Office. He received his J.D. She received her J.D.
There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. The scam can be at various levels and multi-facet forms including mimicking websites, selling cheaper copies of brands or even stealing ideas of originators [4]. In the case of Tiffany v.
This can include inventions, designs, artwork, and even brand names and slogans. Trademarks: A trademark is a type of intellectual property that protects brand names and logos. Investors and DueDiligence. What are intellectual property and intellectual property rights?
It includes patents, trademarks, copyrights, and trade secrets. Obtaining patents or trademarks for their inventions or brand names can prevent others from copying or imitating their innovations, protecting those ideas and giving them a competitive edge. Let’s delve into the specific reasons why.
How to Use Your Utility Patent to Stop Infringing ASINs Before accusing an Amazon ASIN of patent infringement, do your duediligence. Assuming your patent covers the competitive products, you or your patent attorney can submit a patent infringement complaint within the Brand Registry platform.
Branding and TrademarkBranding is crucial for promoting a company’s identity, attracting customers, and providing high-quality services. A powerful trademark enables financial companies to set their goods apart from those of their rivals. While a trademark has a localised scope, branding is international.
The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. I made a logo for Bob’s Burgers for selling burgers on Tailor Brands’ logo maker website.
The diverse group represents clients across a range of industries and brings deep expertise in litigation, patent prosecution, post-grant proceedings and copyright and trademark counseling to their new roles. Nearly all of the elevated attorneys have STEM backgrounds with undergraduate, graduate and Ph.D. He received his B.S.
A trademark license may seem straightforward. From a 5,000-foot view, a franchise involves one party allowing another to use its brand, which may include products and services, intellectual property, and sometimes more, in exchange for a fee. This could inadvertently create a franchise and subject you to civil and criminal penalties.
A trademark license may seem straightforward. From a 5,000-foot view, a franchise involves one party allowing another to use its brand, which may include products and services, intellectual property, and sometimes more, in exchange for a fee. This could inadvertently create a franchise and subject you to civil and criminal penalties.
Later I developed an online training course, the Legally Branded Academy, which used processes as the central approach to protecting IP, including names. I also gave access to the course to my brand protection clients. I’m now offering these processes and templates to those who enrol on the Brand Tuned program in June.
A trademark license may seem straightforward. From a 5,000-foot view, a franchise involves one party allowing another to use its brand, which may include products and services, intellectual property, and sometimes more, in exchange for a fee. This could inadvertently create a franchise and subject you to civil and criminal penalties.
Amazon sellers must understand the major forms of intellectual property –patents, trademarks, and copyrights–and the common pitfalls associated with each form to avoid infringement allegations, storefront disruptions or closures, and even lawsuits. Registering trademarks with the U.S.
Software products, functionality, and source code can be protected through various means, including trademarks, copyrights, patents, trade secrets, and non-disclosure agreements. Jump To: Trademark Protection for Branding. Trademark Protection for Branding. Copyright Protection for Source Code.
2022-1212) , where it had previously reversed the USPTO’s cancellation of a registered trademark. In short, Great Concepts beat Dan Tana (by a few years) to the trademark office to register its DANTANNA’S mark ( Registration No. 2929764 ) for restaurant services. Put another way, incontestable status means something.
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