IP and Legal Filings

NOVEMBER 23, 2024

It serves as an essential element in making up the brand identity, customer loyalty, and market differentiation. It gives the respective companies a competitive edge in a saturated market. Trademarks can be very important for businesses entering new markets. Trademarks encompass a substantial portion of the deal’s value.

Branding 97

Branding Brands Branding Technology 97

JD Supra Law

JANUARY 3, 2025

In part 2 of our social media marketing series, Scott Hervey and Jessica Marlow deep dive into the unique legal risks brands face when navigating social media. From FTC compliance to IP infringement and content clearance, discover the essentials for protecting your brand in the digital age on this archive episode of The Briefing.

Social Media 64

Social Media Branding Branding Brands 64

JD Supra Law

JANUARY 3, 2025

In part 2 of our social media marketing series, Scott Hervey and Jessica Marlow deep dive into the unique legal risks brands face when navigating social media. From FTC compliance to IP infringement and content clearance, discover the essentials for protecting your brand in the digital age on this archive episode of The Briefing.

Social Media 64

Social Media Branding Branding Brands 64

SpicyIP

AUGUST 2, 2024

Image from here Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts? Moment marketing” refers to a strategy where brands can take advantage of ongoing events to gain relevance, and especially for some of the sheen of patriotic athletic victories to wear off on them.

Branding 105

Branding Brands Branding Personality Rights 105

JD Supra Law

DECEMBER 27, 2024

While influencer marketing has become popular in the creator space, it doesnt come without risks. From IP infringement to FTC compliance, Scott Hervey and Jessica Marlow discuss the key issues surrounding brand endorsement deals in this archive two-part episode of The Briefing. By: Weintraub Tobin

Social Media 72

Social Media Branding Brands Branding 72

Technology & Marketing Law Blog

JULY 23, 2024

Rebecca Tushnet and I are pleased to announce the seventh edition of our casebook, Advertising & Marketing Law: Cases & Materials. The post Announcing the Seventh Edition of Advertising & Marketing Law Casebook by Tushnet & Goldman appeared first on Technology & Marketing Law Blog. Price: $12 * Kindle.

Editing 98

Editing Advertising Advertising Marketing 98

IP and Legal Filings

SEPTEMBER 12, 2024

Protection of trademarks is important for the following reasons: Preservation of brand identity Prevention of customer confusion Business investment protection Fair Competition Innovation in branding Famous infringement cases within the areas of intellectual property underline complex legal issues and stakes involved. Dongre and Ors.

Branding 93

Branding Brands Branding Trademark 93

IP and Legal Filings

SEPTEMBER 26, 2024

Geographical indications bring a sense of security that protects unique property that belongs to a particular geographical location, increasing its value in the market. By throwing more light on the market economy and local market, it can be noted that G.I. tags have a significant impact.

Marketing 96

Marketing Marketing Brands Branding 96

TorrentFreak

NOVEMBER 10, 2022

Later in 2012, the RIAA submitted its regular report to the United States Trade Representative, requesting various sites to be branded notorious pirate markets. Servicing the local market in the Czech Republic, the platforms also rewarded uploaders based on the popularity of their files.

Branding 143

Branding Branding Brands Television 143

JD Supra Law

NOVEMBER 6, 2024

New York is unique among state-regulated cannabis markets for a host of different nuances and complexities, but among them is the Type 3 – Processor Branding License, which provides, among other things, that third-party brands cannot enter into white labeling and/or branding agreements with licensed Cultivators and/or Processors without first obtaining (..)

Branding 114

Branding Brands Branding Licensing 114

JD Supra Law

DECEMBER 27, 2024

While influencer marketing has become popular in the creator space, it doesnt come without risks. From IP infringement to FTC compliance, Scott Hervey and Jessica Marlow discuss the key issues surrounding brand endorsement deals in this archive two-part episode of The Briefing. By: Weintraub Tobin

Social Media 64

Social Media Branding Branding Brands 64

Plagiarism Today

AUGUST 11, 2021

” Prado was talking about the “fast fashion” brand Shein. The wildly popular brand is famed for its imitations of popular, luxury items at bargain-basement prices. For example, items that may sell on Prado’s website for up to $300 typical appear as copies on Shein’s app for less than $20.

Plagiarism 264

Plagiarism Design Designs Copying 264

JD Supra Law

AUGUST 22, 2024

Unauthorized sellers can damage your brand in many ways. Unauthorized sellers provide poor customer service, use poor or incorrect content and marketing assets, and lack knowledge and expertise about your products, which can lead to negative consumer reviews of your products that harm your brand. By: K&L Gates LLP

Branding 83

Branding Branding Brands Marketing 83

JD Supra Law

FEBRUARY 1, 2024

With the Super Bowl coming up, it is important for brands looking to capitalize on football-themed promotions to remember that the terms “Super Bowl” and “Super Sunday” are registered trademarks guarded by the National Football League (NFL) more closely than a shutdown corner on a wide receiver. By: Foster Garvey PC

Registering Trademarks 120

Registering Trademarks Marketing Marketing Branding 120

JD Supra Law

JULY 16, 2024

Social media has revolutionized the ways in which brands target and market to consumers and the value of successful social media pages has become increasingly recognized, resulting in disputes over the ownership of these “assets.”. By: ArentFox Schiff

Social Media 83

Social Media Ownership Branding Brands 83

Corsearch

JANUARY 9, 2025

Building a brand is no small task. While many businesses go through the process of trademark registration , not every brand needs to take that route right away. Enter common law trademarks a practical way to secure certain rights to your brand from the moment you start using it, without the registration process or fees.

Branding 52

Branding Brands Branding Registration 52

Plagiarism Today

MARCH 9, 2022

In their statement, Julian Zehetmayer said, “We’ve obviously got this great mainstream brand that everybody’s nostalgic about. Even as the NFT market has grown to billions of dollars, public perception remains very low. We thought we needed to build a real mainstream user experience as well.”

Cease and Desist 237

Cease and Desist Non-Fungible Tokens Music Plagiarism 237

JD Supra Law

NOVEMBER 20, 2024

New York's cannabis market is rapidly growing, with consumer demand increasing for all product types. Watch this on-demand session with Vicente attorneys and special guests from cannabis and hemp brands Wyld and Eaton Botanicals as they discuss. If you're exploring an expansion into the Empire State, now is the time to make moves.

Branding 72

Branding Brands Branding Marketing 72

JD Supra Law

NOVEMBER 27, 2024

In today’s dynamic market, brand partnerships with artists and musicians have become a powerful strategy for companies looking to enhance their visibility and connect with active and aligned audiences. These campaigns can also benefit artists looking to better understand their audience and drive engagement. By: BakerHostetler

Branding 69

Branding Brands Branding Marketing 69

JD Supra Law

JANUARY 16, 2025

Charlotte Tilbury is responding to the growing trend of beauty copycats, or dupes, with a sharp focus on marketing. Last month, cosmetics and beauty brand e.l.f. avoided liability for duping competitor Benefits Roller Lash mascara. By: Fenwick & West LLP

Marketing 61

Marketing Marketing Branding Branding 61

Plagiarism Today

FEBRUARY 7, 2022

A week before that, French luxury brand Hermes began legal proceedings against an NFT artist who used their names and bags. While that may be scary for the marketplace, it may be precisely what is needed for the market to enjoy any mainstream success. One thing is becoming apparent, a legal reckoning is coming for NFTs.

Cease and Desist 264

Cease and Desist Copyright Trademark Copyright Law 264

JD Supra Law

NOVEMBER 1, 2024

Popular brands face attacks from all sides, from competitors trying to chip away at market share, to bad actors seeking to profit from counterfeit or knockoff products. However, one lesser-known threat arises when your brand becomes so famous that the trademark becomes synonymous with the product category.

Branding 120

Branding Branding Brands Marketing 120

JD Supra Law

SEPTEMBER 30, 2024

As challenging global market conditions linger, fashion brands and retailers in need of liquidity are exploring ways to extract cash from their brand portfolios without divesting entirely. In this article, we consider a popular approach in corporate transactions in the UK fashion industry. By: Katten Muchin Rosenman LLP

Branding 69

Branding Branding Brands Licensing 69

TorrentFreak

OCTOBER 26, 2022

Earlier this month, the RIAA shared its recommendations for the USTR’s annual review of overseas notorious markets. The RIAA also carved out a brand new category this year, labeled AI Based Extractors/Mixers. In addition, they argue that the sites don’t deserve the ‘notorious’ brand for several reasons.

Music 145

Music Copyright Infringement Copyright Branding 145

Plagiarism Today

JANUARY 11, 2023

The original lawsuit was filed against luis Fonsi, the original performer of Despacito , alleging that the hit song made an unlawful use of their 1989 riddim entitled Fish Market (better known as Poco Man Jam ). 3: Zara Sues “Responsible” Brand Thilikó for “Passing Off” Zara Wares, Photos as its Own.

Reporting 200

Reporting Plagiarism Branding Branding 200

Erik K Pelton

NOVEMBER 18, 2022

We love sunflowers at Erik M Pelton & Associates as a symbol of growth and renewal, and tie that into trademark and brand protection. We’ve been using the phrase, Making Trademarks Bloom since 1999® and using sunflowers for at least 10 years in our marketing, and I recently learned about the golden ratio and sunflowers.

Trademark 147

Trademark Branding Branding Brands 147

Erik K Pelton

SEPTEMBER 3, 2024

The internet has lowered barriers to starting a new business, therefore finding a good and protectable brand name is becoming increasingly difficult. Non-traditional trademarks (shapes, sounds, smells, configurations, and other “odd” trademarks) are increasingly becoming part of marketing for small and big businesses.

Registration 130

Registration Trademark Social Media Branding 130

JD Supra Law

SEPTEMBER 30, 2024

There is a quite a lot of buzz around potential reclassification of marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA). This reclassification, proposed by the DEA and backed by HHS, recognizes marijuana’s medical use and lower potential for abuse. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

Marketing 72

Marketing Marketing Branding Branding 72

Erik K Pelton

JULY 23, 2024

The following is an edited transcript of my book video Building a Bold Brand Chapter 4: Spectrum of Marks. Some brands and trademarks are entitled to greater protection than others. Some brands and trademarks are entitled to greater protection than others. Before you do that, there’s another key consideration.

Trademark 130

Trademark Branding Branding Brands 130

IP Watchdog

OCTOBER 30, 2022

As it turned out, Uber had known about this when it agreed to pay $680 million for Levandowski’s brand new startup; and we’ve already looked at how the hubris of that hasty transaction provides lessons for hiring in new markets driven by emerging technology.

Confidentiality 133

Confidentiality Branding Branding Brands 133

IP and Legal Filings

DECEMBER 16, 2024

The fashion industry sector extends beyond simple trademarks, such as logos or brand names, but rather includes characteristics, including colour palettes, product forms, or even the structure of physical store spaces. In an aesthetic-driven industry, these marks are very important for differentiating one brand from another.

Branding 89

Branding Brands Branding Design 89

Erik K Pelton

DECEMBER 12, 2022

Great logos can be very powerful marketing tools for big businesses and the smallest of businesses as well. A great logo is memorable and can convey a message about the business, the brand, and the products or services to the customer in a way that the words can’t or that enhance what the words the brand itself would convey.

Branding 147

Branding Branding Brands Copying 147

Plagiarism Today

AUGUST 12, 2021

Billion Illegal Piracy Market, Report by Digital Citizens Alliance and White Bullet Finds. This advertising is coming from a wide variety of sources, including major brands and Fortune 500 companies, and that the larger pirate sites can receive tens of millions of dollars per year. 3: Advertising Fuels $1.34

Advertising 246

Advertising Advertising Reporting Licensing 246

JD Supra Law

SEPTEMBER 5, 2024

The Hatch-Waxman Act regulates the relationship between branded and generic drugmakers and attempts to strike a balance between two competing policy interests — encouraging pioneering drug development and facilitating market entry of lower-cost, generic alternatives. By: Fish & Richardson

Branding 106

Branding Branding Brands Marketing 106

Technology & Marketing Law Blog

AUGUST 18, 2024

But, I also pointed to the way in which European regulators are once again (hello, GDPR) leading the way in regulating AI, both under the EU AI Act and the Digital Markets Act, disrupting the traditional gatekeepers of digital markets.

Blogging 119

Blogging Reporting Privacy Branding 119

IP and Legal Filings

DECEMBER 20, 2024

Introduction Well, the online space is indeed centuries apart from any business process for creating a brand and speaking with its audience; now everything can even protect its intellectual property. This is where trademarks truly reflect as a brand identity and shape a very rapid recognition. It has also brought a lot of challenges.

Social Media 84

Social Media Trademark Branding Branding 84

IP Watchdog

DECEMBER 10, 2024

During our conversation we begin by briefly talking about patent strategy, but then move quickly to brand protection, trademarks, trade dress and effectively working with customs agencies around the world. This week my conversation is with Leo White, who is Chief IP Counsel and Associate General Counsel for The Duracell Company.

Trademark 98

Trademark Branding Branding Brands 98