IP and Legal Filings

MAY 17, 2024

The concept of passing off under trademarks law was used to provide relief to the plaintiff. The concept of passing-off under Trademark law can be applied if the person concerned is a well-known figure. It is a common tort law aspect and can be used for unregistered trademarks. In Amitabh Bhachchan v.

Personality Rights 97

Personality Rights Intellectual Property Social Media Intellectual Property Law 97

Technology & Marketing Law Blog

JANUARY 24, 2024

Johnson The Spectacular Failure of Employee Social Media Privacy Laws Do Employers Own LinkedIn Groups Created By Employees?–CDM Monaghan Trademark Owner Sues Over Alleged Twittersquatting–Coventry First, LLC v. Sims Creating Parody Social Media Accounts Doesn’t Violate Computer Fraud & Abuse Act – Matot v.

Social Media 105

Social Media Ownership Designs Design 105

Intepat

JULY 4, 2023

Given YouTube’s aforementioned popularity, protecting brands from unauthorized use or reproduction on the platform becomes essential. Since the brand value is often connected to YouTube Business, trademark registration increases the value of the YouTube brand. What constitutes a YouTube Trademark Infringement?

Trademark 52

Trademark Social Media Brands Branding 52

Intepat

SEPTEMBER 3, 2024

Trademarks are valuable IP assets, but the manual registration process may seem inefficient with AI revolutionizing this landscape by employing advanced tools, automating key steps from search to examination. Compliance with complex trademark laws and regulations also presents a significant challenge.

Registration 52

Registration Trademark Brands Branding 52

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. The Spectacular Failure of Employee Social Media Privacy Laws. Trademark Owner Sues Over Alleged Twittersquatting–Coventry First, LLC v.

Social Media 98

Social Media Contracts Ownership Business 98

Selvam & Selvam Blog

MAY 28, 2024

In response to these threats, many popular personalities have started trademarking their names to protect their goodwill and reputation from being misused by technology.

Personality Rights 52

Personality Rights Intellectual Property Technology Trademark 52

Selvam & Selvam Blog

APRIL 5, 2022

It refers to marketing in respect of trending topics/events usually undertaken by brands to gain traction and benefit from the popularity that the trending events have garnered. Therefore, brands constantly look to create campaigns or post about any current topic to encash on such opportunities to stay relevant and visible.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

SpicyIP

FEBRUARY 13, 2023

Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision. CIC clarifies that merely because a fellowship is funded by public exchequer, it will not mean that it is a public interest issue outweighing concerning privacy issues. on Triveni Interchem Pvt.

Designs 52

Designs Design Trademark Cease and Desist 52

43(B)log

AUGUST 9, 2024

One question: how does this bear on store brands that mimic national brands. Compare: false advertising in product packaging, where courts have very different expectations for the reasonable consumer, both Lanham Act and state law unfair competition cases, of which there are far more. New TMs hide from consumers.

Trademark 59

Trademark False Advertising Advertising Advertising 59

IIPRD

OCTOBER 14, 2022

Concerning infringement, a trademark is abused when a person adopts a corporation’s domain name without authorization. The unlawful use of a web domain containing a registered trademark is in direct violation of the Indian trademark law. CONCLUSION.

Intellectual Property 52

Intellectual Property Confidentiality Copyright Technology 52

IP and Legal Filings

FEBRUARY 20, 2024

Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. Unauthorised use of someone’s identity is a violation of both their personality rights and their basic right to privacy. The Court rejected the privacy defence, which is often employed in IP proceedings.

Personality Rights 92

Personality Rights Privacy Social Media Intellectual Property 92

Intepat

MAY 16, 2023

If the property of a person can be protected, likewise, when a popular celebrity like Amitabh Bachchan faces possible harm regarding his brand, the same can be protected under his right to publicity. Through various case laws, the scope of publicity rights has been expanded by the Indian judiciary. Under this Act, Sec.

Branding 98

Branding Brands Branding Personality Rights 98

SpicyIP

AUGUST 16, 2021

PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes. Brands have been active on social media in recent years, trying to imbue their content with human like personality that endears customers to them rather than just putting out traditional advertising. from Duke University in 2019.

Social Media 72

Social Media Personality Rights Law Brands 72

Technology & Marketing Law Blog

MAY 30, 2023

Johnson The Spectacular Failure of Employee Social Media Privacy Laws Do Employers Own LinkedIn Groups Created By Employees?–CDM Monaghan Trademark Owner Sues Over Alleged Twittersquatting–Coventry First, LLC v. Sims Creating Parody Social Media Accounts Doesn’t Violate Computer Fraud & Abuse Act – Matot v.

Social Media 98

Social Media Ownership Marketing Marketing 98

SpicyIP

NOVEMBER 8, 2023

Nevertheless, with the increasing impact of copyright and privacy on the flow of information, the path of transparency seems to be becoming more and more turbulent, warranting more attention and closer scrutiny than before. DRS , where the court held that ad-words are not inherently violative of trademark rights.

Trademark 59

Trademark Publishing Journalism Copyright 59

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. For a review of Privacy legislation in Canada, check out Emily Prieur’s article published this week. Trademark Law. Parody in Trademarks is No Joke. CIPO Addresses the Application Backlog.

IP 105

IP Copyright Infringement Inventor Intellectual Property 105

SpicyIP

JANUARY 23, 2023

Differentiating the right to privacy and the right to anonymity, the court held that a tussle between RTBF and public interest needs to be settled mainly through legislative action and, in some cases, by Courts using a balancing exercise. On this the court observed that “ The brand name of the cooler is, in fact, really irrelevant.

Designs 105

Designs Design Invention Registration 105

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 143

IP Intellectual Property Copyright Trademark 143

Technology & Marketing Law Blog

JANUARY 28, 2022

The posts promoted JLM’s “Hayley Paige brand,” but also included photos of Gutman with her dog and her “reflections on a recently released Star Wars movie trailer.” We’ve blogged about state laws directed at ownership of (and privacy regarding) employee social media accounts. Social Media and Trademark Law” Talk Notes.

Social Media 118

Social Media Ownership Contracts Privacy 118

43(B)log

FEBRUARY 25, 2023

Changes in Trademark Law and Evidentiary Rules Introduction: Jake Linford Before courts admitted surveys routinely, they were concerned about hearsay. How to survey arbitrariness/TM function: Washingmachine.com in booking.com—maybe along with not sure we also need the option “neither a common name nor a brand name.”

Trademark 72

Trademark Marketing Marketing Advertising 72

Technology & Marketing Law Blog

NOVEMBER 27, 2023

The United States Patent and Trademark Office (USPTO) refused registration of “Trump Too Small” under Section 2(c) of the Lanham Act ( 15 USC 1052(c) ) because the phrase includes a living individual’s name without his written consent. VIP Products (2023) opinion and its other trademark cases.

Registration 106

Registration Trademark Blogging Law 106

Technology & Marketing Law Blog

MARCH 4, 2022

This provision of the federal trademark law known as the Lanham Act is codified in 15 USC 1052.) Sections 2(a) and 2(c) both protect an individual’s right of privacy and right of publicity in trademark law by preventing the unauthorized registration of a person’s name, signature, or image.

Registration 126

Registration Blogging Trademark Privacy 126

Patently-O

DECEMBER 12, 2021

The PTO’s asserted justification for this total ban on registration is “to protect the intellectual property right of privacy and publicity that a living person has in his/her identity.” [10] Lemley, What the Right of Publicity Can Learn from Trademark Law , 58 Stan. Dogan & Mark A.

Registration 69

Registration Government Advertising Advertising 69