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For more, read the article Olivia Muller and I recently wrote for the American Bar Association: The Growing Threat of Trademark Scams. The biggest individual brand story of the year was Facebook’s announcement of its new META brand. NFT trademarks. Trademark filings related to non-fungible tokens (NFTs) exploded in 2021.
Several times, we see that luxury brands come up with limited edition products, whether it is cars, watches, cosmetics, chocolates, electronics, etc., Protection for Limited Edition Products under TrademarkLaw. This issue was very recently seen in the case of the limited-edition Ferrari 250 GTO.
The following is an edited transcript of Chapter 12 of my book video Building a Bold Brand: Using and Choosing Trademark Counsel I get asked all the time, “Can I file a trademark application by myself?” How do you keep abreast of developments in the field of trademarklaw? The simple answer is YES.
For brands and rights holders, these technologies mean a change in consumer behavior, a shift towards more immersive digital engagement with their customers, and an array of new business opportunities. However, we’re already observing complex IP and brand protection challenges, and it’s important businesses plan their strategies carefully.
In the Vans case, the Vans sneaker company sued the Brooklyn art collective known as MSCHF (sound it out) after MSCHF sold a limited-edition shoe it called “ The Wavy Baby ” (depicted at right). MSCHF has frequently targeted major brands. But especially in a case of an alleged parody, that doesn’t answer the trademark use question.
The following is an edited transcript of my video, What Is a Likelihood of Confusion. A phrase that comes up all the time in several different aspects of trademark work is likelihood of confusion. This is a legal standard, but it is at the same time highly subjective. And I’m not saying that those are confusingly similar.
Trademarks indicate the origin of a product. While they commonly consist of a brand name or logo, the shape of a product may also be an indication of its origin. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. Registration took two years.
This is a book review of The Future of Intellectual Property , edited by Daniel J. Underwood Chair in Law at Vanderbilt University Law School, US. In the introduction, Gervais explains that the approach to discussing IP law reform taken in this edited collection is considering both primary and secondary level reform.
Bournvita’s Sugar Rush Against ‘FoodPharmer’: An Unreasoned Injunction and a Clarification Without Clarity Recently, the DHC passed an interim injunction against the social media influencer ‘Food Pharmer,’ restraining him from disparaging Mondelez’s ‘Bournvita’ and ‘Tang’ branded products.
Some IP Thoughts on Dolce & Gabbana’s SS23 Collection Curated by Kim Kardashian, and other Fashion Heritage at Fashion Week By Felicia Caponigri During Milan Fashion Week held last week, the Italian fashion brand Dolce & Gabbana debuted their Spring/Summer 2023 ready-to-wear collection. As in the U.S., see this chapter.)
As a trademarklaw 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.
Introduction Brand owners and traders have long embraced numeral creativity to captivate consumers. Names like 7-eleven, 5 Star, 7Up, and 99acres resonate with consumers, widely reflecting the innovative use of number as brand identities.
The development of Artificial Intelligence, from being able to create edited photos to now generating deepfake videos that cannot be distinguished from real videos, has created an imminent threat to intellectual property rights and personality rights specifically. It is a common tort law aspect and can be used for unregistered trademarks.
In a twist, however, it is not copyright law, but rather an expansive view of trademarklaw, that poses this threat. Jack Daniels asserts that the Bad Spaniels toy infringes on its trademark and dilutes its brand. Trademarks are a cornerstone of our shared cultural vernacular. Supreme Court, Jack Daniels v.
As a plant intellectual property nerd , this Kat was delighted to get her hands on the new book Intellectual Property and the Design of Nature (Oxford University Press, 2023), edited by Jose Bellido and Brad Sherman.
However, as the contemporary industry and commerce progressed, consumers began associating trademarks with the quality of products and services. Hence following strategies can be adopted to maintain quality control A precise specification is necessary to determine which products may be associated with a brand and which cannot.
In the author’s personal opinion, Trademarklaw when implemented and enforced effectively can play a crucial role in the protection of personality rights of celebrities and to target the prevention of deepfakes and unauthorized use of an individual’s identity or likeness by third parties.
In this race to explore new markets, infringing conducts have also taken place as a result of the unauthorized uses of famous brands to create NFTs. In view of the proliferation of similar cases, brands are considering whether they should file registration applications to protect their trademarks in these new virtual spaces.
2024 Changes to International Trademark Classifications by Melanie Lane Understanding WIPO’s 2024 Nice Classification Changes: Impact on the USPTO’s §6.1 of 37 CFR Part 6, aligning it with the 12th edition, version 2024, of the Nice Classification published by the World Intellectual Property Organization (WIPO).
Sunanda Bharti on the Michelin Stars and its interaction was trademarklaws. Bharti is a Professor of Law at Delhi University, and her previous posts can be accessed here. Image from here Mischief, Manifestation, and the Michelin Trademark!
VIP Products, Jack Daniel’s, the maker of the popular whiskey brand, filed a lawsuit against VIP Products, a company that sells a dog toy shaped like a whiskey barrel. Jack Daniel’s argued that the toy infringed on their trademark, as the shape of the whiskey [bottle] is closely associated with their brand.
It was insufficient to allege that Simplify “has deprived [him] of the fundamental value of his name and abilities with regard to editing the publication,” or that his inability to control the quality of the work “depriv[ed] him of the ability to maintain his reputation and standing in the marketplace.” But Abrahams failed to do so.
What Constitutes ‘ use’ of a Trademark While the Commercial Court appears to have sided with the respondents (Shane Ali) after prima facie finding the mark used in the film to be deceptively similar to the NBC logo, what appears to have been overlooked, is that there was no ‘use’ of trademark in the first place.
This is a review of the new book, Research Handbook on the History of TrademarkLaw , edited by Lionel Bently (University of Cambridge) and Robert G. The volume would fit nicely under a normal-sized Christmas tree Readers of this blog know that trade mark law is rife with new developments and heated debates. 1890-1914".
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