Traverse Legal Blog

SEPTEMBER 27, 2024

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.

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Branding Brands Branding Marketing 52

Corsearch

JANUARY 23, 2024

However, whilst international trade fosters economic growth and exchange, it also creates opportunities for grey market goods to emerge. Authentic products are being diverted from authorized channels and sold outside of the manufacturer’s control, posing significant challenges for brands, retailers, and consumers alike.

Marketing 59

Marketing Marketing Social Media Branding 59

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

43(B)log

JUNE 10, 2024

4, 2024) Finding Zesty Paws’ “#1 Brand” claim literally false, the court grants a preliminary injunction despite Zesty Paws’ attempt to create a factual dispute about what a “brand” is. Nutramax and Zesty Paws are direct competitors in the pet supplement market. A brand can be a limping mark!) Nutramax Labs.,

Branding 72

Branding Brands Branding Marketing 72

Kashishipr

APRIL 13, 2022

The dramatic rise in e-commerce in the last two decades saw many brand and business owners struggling to safeguard their Intellectual Property (IP) assets in cyberspace, starting from domain names and then going onto social media handles. NFTs may refer to the digital goods or specific pieces sold in the Metaverse.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116

43(B)log

MAY 19, 2023

WowWee’s Vice President of Brand Development & Creative Strategy, Sydney Wiseman, used her WowWee email address to create a Roblox user account and used her Roblox account to promote My Avastars dolls on social media, including videos on her TikTok account. And defendants’ dolls were “virtually identical” in shape to Roblox’s avatars.

Copying 94

Copying False Advertising Social Media Advertising 94

IP and Legal Filings

DECEMBER 3, 2024

This blog will examine the features, benefits, effective functioning, and strategies on how best to use the Madrid Protocol to protect the brand globally. Separate applications for trademarks are still required for those markets. Such a process engages the company in the efficient allocation of resources in terms of market expansion.

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Registration Trademark Intellectual Property Branding 94

IPilogue

NOVEMBER 10, 2021

DBrand , a Canadian accessories company notorious for its tongue-in-cheek marketing, taunted Sony earlier this year after launching an unofficial Sony PlayStation 5 (“PS5”) product. DBrand is apparently aware of Sony’s efforts to suppress these custom products, as they marketed their Darkplates with the tagline “Go ahead, sue us.” .

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Cease and Desist Marketing Marketing Intellectual Property 111

Kashishipr

NOVEMBER 3, 2021

Simply put, trademark genericization is the death of the mark as it no longer acts as a source indicator of the brand owner. A wide array of linguistic, legal, and marketing-related factors contribute to trademark genericization. Another way is to use the brand as an adjective with the generic term. .’

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Trademark Branding Brands Branding 105

The IPKat

DECEMBER 22, 2022

Is the operator offering additional services to the third party sellers as part of the marketing of their products (e.g., This decision is of course opposite to that of the Advocate General's opinion , which was in agreement with Eleonora's opinion that the CJEU should answer the referring questions in the negative.

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Advertising Advertising Marketing Marketing 143

IP and Legal Filings

NOVEMBER 12, 2024

Introduction Registration of a trademark is an important step toward building a brand on solid ground. Today, in a competitive marketplace, the difference between a successful strategy for the long-run has to do with brand identity. That should represent your brand and not explain it.

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Trademark Branding Brands Branding 96

Olartemoure Blog

FEBRUARY 10, 2024

The National Football League (NFL) , organizers of the event, have created and grown the brand of the Super Bowl to what it is today. Arguably the most important sports event in the U.S.A., the Super Bowl moves billions of dollars, mainly through advertising. THE SUPER BOWL TRADEMARK in 1969 In 1969, the NFL trademarked “Super Bowl”.

Cease and Desist 105

Cease and Desist Trademark Advertising Advertising 105

IP and Legal Filings

NOVEMBER 11, 2021

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. Firstly, trademarks help distinguish one product from another in the market. Moreover, trademarks also add to the brand value of a particular product or service.

Trademark 98

Trademark Cease and Desist Branding Brands 98

The IPKat

DECEMBER 9, 2021

The General Court rejected an appeal brought by AC Milan (nicknamed also Rossoneri) and considered that the brand characterizing Rossoneri’s emblem could not be registered as an EU trade mark (EUTM) since it would give rise to a likelihood of confusion with the earlier German trade mark ‘Milan’ held by the company InterES.

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Branding Brands Branding Registration 94

SpicyIP

JUNE 17, 2022

As reported , Revlon, the iconic cosmetics brand, has filed for bankruptcy. The New-York based cosmetics company reportedly struggled due to competition from other established brands as well as a host of small companies that use social media. Image from here. v Sarita Manufacturing Co., 1997 PTC 394.

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Trademark Social Media Branding Brands 126

SpicyIP

AUGUST 31, 2023

If you have come across such ads and have wondered whether such use of a mark infringes the mark of the luxury brand, then you are not alone. In this post, we will explore potential claims raised against advertisements by outlets offering cheaper alternatives to luxury perfumes, often associating their products with the original brand.

Trademark 111

Trademark Advertising Advertising Branding 111

Velocity of Content

APRIL 20, 2022

When we marketers think about a branding initiative, our eyes light up at the notion of limitless creative possibilities. But to use these creative assets to power your brand, you must first get the strategy right. How is our company’s broader strategic plan reflected in our brand strategy? What’s in a Name?

Branding 98

Branding Brands Branding Marketing 98

SpicyIP

SEPTEMBER 3, 2024

Haute24 is an online e-commerce platform whose stated aim is to make luxury apparel from the US and Europe affordable for the Indian market (see here ). Louis Vuitton submitted that these were specially commissioned works used for advertising and marketing their products, and were being used without authorization by the defendants.

Advertising 103

Advertising Advertising Copyright Branding 103

IP and Legal Filings

JULY 9, 2024

This article discusses the domain of trademark registration, which is useful for businesses and individuals in order to protect their brand. These brand names, slogans, and taglines can be considered as some of the content that can be used on the different platforms.

Trademark 98

Trademark Registration Branding Brands 98

SpicyIP

AUGUST 25, 2021

Recently, Domex, a Hindustan Unilever brand, has launched a new ad campaign across print, digital and other media, at least some of which explicitly compares itself to Reckitt Benckiser’s toilet cleaner brand ‘Harpic’. However, it isn’t difficult to identify the product, i.e. Domex, without referring to Harpic.

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Kashishipr

APRIL 27, 2022

The reason why there has been a sharp increase in moving logos being incorporated as trademarks by many companies is that the contemporary market is now innovating new products with sensory and unique experiences to leave a mark on their customers and develop a distinct and novel reputation. Motion Trademarks in India.

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Registration Trademark Branding Brands 105

Corsearch

FEBRUARY 29, 2024

Brands are often targeted by bad actors looking to make a quick profit by stealing intellectual property and exploiting consumers. But we also explain the most effective approach: using AI-fueled and expert-led brand protection solutions to save time and ensure a sustained reduction in infringement across marketplaces.

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Branding Brands Branding Intellectual Property 59

IP and Legal Filings

SEPTEMBER 14, 2023

This has led to consumers opting for brands that pledge their duty to contributing towards environmental protection by means of minimalism and sustainability. In today’s era of eco-branding, wherein trademarks are used to distinguish sustainable brands from the mainstream commercial ones, the latter engage in the practise of “greenwashing”.

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Branding Brands Branding Trademark 97

The IPKat

JUNE 28, 2024

They estimated the market value of original Off-White items to be around $11,700. Comment Brand owners know that the battle against counterfeiting and piracy remains a challenging one. Off-White submitted that there had been "use in the course of trade," citing the quantity and amount of counterfeit garments. customs trainings).

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Branding Brands Branding Reporting 62

The IPKat

DECEMBER 27, 2021

The findings The UKIPO’s findings are based on a quantitative survey of 1,000 female (studies suggest that influencer marketing is “ highly gendered ”) consumers in the UK, aged 16 to 60 and who use social media at least once per week. The same appears to be true, at least in certain cases, for the purchase of counterfeits.

Social Media 117

Social Media Reporting Advertising Advertising 117

JD Supra Law

FEBRUARY 29, 2024

or you work on the creative side of brand marketing, you probably have some pre-existing assumptions about whether and when you can use other people’s work in your creations. If you’re an artist, creative person, or content creator (and who isn’t these days?),

Intellectual Property 74

Intellectual Property Branding Brands Branding 74

43(B)log

DECEMBER 11, 2024

Ghost Adventures owns incontestable trademark registrations for both the name Lizzie Borden for hotel and restaurant services and for a realistic hatchet logo displaying a notched blade (a reference to the implement that allegedly killed Bordens parents). The core problem here was causation. What about actual confusion?

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Registration Business Trademark Marketing 94

TorrentFreak

APRIL 5, 2024

Pressure Increases on Players in the Illicit Market In common with its counterparts in Europe, Sweden had already been paying more attention to those involved in the supply and sale of pirate IPTV subscriptions. The extensive evidence was noted once again and reference was made to the SEK 2,000,000 the man received in 2020.

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Reporting Marketing Marketing Copying 126

TorrentFreak

SEPTEMBER 30, 2021

The company, known for its popular “X-Art” brand, has gone after thousands of alleged file-sharers in U.S. “Plaintiff does not enforce its alleged copyrights to protect the market for its works or to further the useful arts and sciences,” John Doe writes, referring to the purpose of copyright as defined in the US Constitution.

Copyright 145

Copyright Settlement Litigation Fair Use 145

SpicyIP

JULY 13, 2021

In the soap war between HUL and Sebamed, Sebamed released an advertisement comparing an HUL branded soap with RIN detergent stating that HUL’s soap’s pH values are similar to that of RIN. It allowed the advertisement but asked the company to remove the reference to the detergent soap. Sangita Sharma.

Advertising 105

Advertising Advertising Branding Brands 105

Kashishipr

APRIL 20, 2022

.” After going through all the definitions mentioned above, we can say a trade secret refers to any piece of info or data relating to a brand or business that is generally not known to the public at large and for which its owner puts in a sincere effort to maintain its confidentiality. Protection Offered by a Trade Secret.

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Intellectual Property Confidentiality Public Domain Business 119

43(B)log

FEBRUARY 21, 2024

He posted about the app on social media but didn’t encourage others to do so; he didn’t have a written business or marketing plan before launch, and he did not create investor presentations, solicit investors, or raise capital. Peloton’s core brand is Peloton. He wasn’t aware of any in-app sales since the launch.

Marketing 59

Marketing Marketing Trademark Registration 59

TorrentFreak

AUGUST 9, 2022

The company began competing with piracy from the get-go, branding itself as a superior alternative. Inspired by Netflix’s success, new streaming portals such as Amazon, Disney+, HBO Max, Hulu, Paramount+, and Peacock started competing for a share of the lucrative streaming market. piracy market share in June.

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Marketing Marketing Copyright Music 145

Technology & Marketing Law Blog

AUGUST 5, 2022

The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” The court also found “Ms.

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Social Media Ownership Business Branding 119

Technology & Marketing Law Blog

MAY 15, 2023

Internet Brands opinion. Including the Internet Brands case, I found six cases using the phrase (see Appendix B). Note: The “no-man’s-land” reference is also weird. The reference makes no sense because, if anything, there is too much law governing the Internet, not too little. Internet Brands, Inc. ,

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Branding Brands Branding Blogging 110

Kashishipr

SEPTEMBER 22, 2021

A trademark is an important business asset that offers protection to a brand. Licensing your trademark can be a beneficial business strategy that can not only strengthen the brand but also allow for expansion into new markets. Today, the majority of successful, well-known brands rely on the licensing model for their success.

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Licensing Trademark Branding Brands 105

TorrentFreak

NOVEMBER 1, 2021

The conspiracy, which also includes co-defendants Max Louarn and Yuanning Chen, used various brands including “Team Xecuter,” “Axiogame.com,” “Maxconsole.com,” and “China Distribution.” To achieve this, co-defendant Max Louarn put Bowser in charge of operating maxconsole.com, through which he helped to market and sell Team-Xecuter devices.

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