Copyright Lately

OCTOBER 20, 2024

The media has framed the case as a big win for American Airlines, but it’s not— at least not when you consider what the airline was after when it sued Skiplagged, Inc. American accused the website of deceiving customers, selling unauthorized tickets, and tarnishing its brand. It sought $94.4 million in disgorged profits.

Copyright 83

Copyright Fair Use Social Media Business 83

Technology & Marketing Law Blog

MARCH 10, 2022

Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. Moore, Find Out Who Your Friends Are: A Framework for Determining Whether Employees’ Social Media Followers Follow Them to A New Job, 39 CAMPBELL L. See generally, Christopher A.

Social Media 98

Social Media Contracts Ownership Business 98

Kashishipr

APRIL 27, 2022

With the increase in globalization and cross-border trade, intriguing types of trademarks are trending and have become a crucial tool to signify a company’s identity. The most critical aspect that may be subject to the Trademark Protection of a motion mark is the succession of images in the said mark.

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Registration Trademark Branding Brands 105

Corsearch

NOVEMBER 15, 2022

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.

Brands 52

Brands Branding Branding Non-Fungible Tokens 52

SpicyIP

AUGUST 31, 2023

Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. 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.

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Trademark Advertising Advertising Branding 111

IP and Legal Filings

MAY 13, 2023

Using the name or image of a celebrity for brand advertisement or promotion in the US does not always attract liability, provided the brand is not falsely misleading the public that the celebrity endorses the product. Spelling-Goldberg Prods., where the former takes precedence over publicity rights, while the latter may not.

Personality Rights 105

Personality Rights Privacy Trademark Law False Advertising 105

IPilogue

DECEMBER 17, 2021

However, British artist Stuart Semple considers Tiffany Blue as being held captive through trademark law. Semple has been “liberating colours since 2016” , with previous paints replicating trademarked colours including International Klein Blue , T-Mobile Magenta , and Blackest Black.

Trademark 111

Trademark Social Media Art Ownership 111

Kashishipr

JANUARY 12, 2022

All ardent social media users are aware of the latest trend of using hashtags to spread the word across a wide range of users for bolstering consumer engagement. Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection.

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

Technology & Marketing Law Blog

FEBRUARY 27, 2022

TPG is a service built around the brand of a world-traveling man sipping champagne in first class, selling to the world his knowledge of the best rewards programs for credit cards and flights. Power Ventures involved a social media aggregator’s consensual use of its users’ Facebook passwords to access their Facebook accounts.

Cease and Desist 124

Cease and Desist Blogging Contracts Social Media 124

Technology & Marketing Law Blog

APRIL 3, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and was one of the signatories of the First Amendment Professors amicus brief filed in Jack Daniel’s Properties, Inc.

Blogging 116

Blogging Trademark Fair Use Trademark Law 116

IP and Legal Filings

MAY 17, 2024

The concept of passing off under trademarks law was used to provide relief to the plaintiff. The IT (Intermediary Guidelines and Digital Media Ethics) Rules place responsibility on the Social Media Intermediaries to ensure that no prohibited content is allowed to be published or circulated on their platforms.

Personality Rights 97

Personality Rights Intellectual Property Social Media Intellectual Property Law 97

IPilogue

NOVEMBER 22, 2022

While Bolt’s trademark registration is for the design mark rather than the pose, the use of poses and gestures in branding can potentially bring a new wave of “unusual” trademarks, especially as social media and technology have spread previously unthought-of but recognizable traits.

Trademark 59

Trademark Social Media Branding Brands 59

IP and Legal Filings

FEBRUARY 7, 2023

This demonstrates the succinctness and simplicity of the Metaverse’s trademarking mechanism. Their rights will be protected thanks to the metaverse brands’ trademarks. By deterring rip offs, trademarks safeguard a company’s identity and the repute of its brand(s), especially in the Metaverse.

Trademark 98

Trademark Non-Fungible Tokens Branding Brands 98

Intepat

MAY 16, 2023

A fraudulent lottery-winning message with Amitabh Bachchan’s voice from KBC was viral through various social media platforms and many people fell into this trap. Through various case laws, the scope of publicity rights has been expanded by the Indian judiciary. Under this Act, Sec.

Brands 98

Brands Branding Branding Personality Rights 98

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 Branding Brands 52

Garrigues Blog

OCTOBER 25, 2021

Right now we are living the intangibles revolution: social media, online shopping, on screen greetings, audio messages and meetings via platforms. So, when their digital self attends an online class or chats on social media, they can choose which t-shirt to wear from the items stored in their digital wardrobe.

Non-Fungible Tokens 59

Non-Fungible Tokens Social Media Intellectual Property Intellectual Property Law 59

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.

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IP Intellectual Property Copyright Trademark 143

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Defining Trademark A “trademark” is a mark which is used for a commercial purpose. It is also called a brand name because it contains names, symbols, logos, and taglines that help to identify and differentiate a company’s goods and services from those of others. How do trademarks function?

Business 52

Business Trademark Registration Cease and Desist 52

IIPRD

OCTOBER 28, 2023

However, outside the realm of brand marketing, when celebrities make use of a phrase, to the point of it becoming associated to them, it becomes a catchphrase of their own. Bregoli instantly became an internet meme worldwide, and her catchphrase gained much media attention, getting her worldwide recognition as the “Catch me outside girl.”

Copyright Law 59

Copyright Law Branding Brands Branding 59

SpicyIP

DECEMBER 2, 2024

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.

Invention 52

Invention Trademark Reporting Editing 52

Corsearch

FEBRUARY 14, 2023

A trademark is not just a means of securing and protecting a brand name, it is also a valuable business asset. It’s no surprise then that is a constant race to seek trademark ownership and registration of popular holiday names — but is owning a holiday name even possible? The trademarks are FRANCES VALENTINE and FV.

Trademark 52

Trademark Non-Fungible Tokens IP Branding 52

Selvam & Selvam Blog

APRIL 5, 2022

The power of the internet, in particular that of social media is humungous. When used strategically, social media becomes one of the most powerful tools of digital marketing. With the evolution of social media, the concept of moment marketing has also become increasingly common.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

Traverse Legal Blog

MAY 1, 2022

Traverse Legal’s Attorneys are globally recognized for their experience and results in the legal areas of: Complex Litigation , Internet Law , Trademark Law , Business Law and more. Contact us today for more information about our social media, brand and influencer legal services.

Trademark 59

Trademark Due Diligence Intellectual Property Social Media 59

Intepat

JUNE 7, 2024

INTRODUCTION The historical narrative of color as a trademark unfolds as a captivating voyage intertwined with the evolution of branding methodologies and legal frameworks. The significance of trademarking colors lies in their profound impact on consumer perception and brand identity. In Colgate Palmolive Company And Anr.

Trademark 52

Trademark Branding Brands Branding 52

LexBlog IP

MARCH 9, 2023

The highly anticipated jury verdict in the Hermès litigation over MetaBirkins NFTs has some important takeaways for both artists and sellers of NFTs as well as brand owners. Below are some takeaways for both artists and sellers of NFTs, as well as brand owners. That is not true. ” ( Id. at *17-18.) ” ( Id.

Litigation 52

Litigation Artistic Work Branding Brands 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 Branding Brands 52

43(B)log

FEBRUARY 19, 2022

NAACP—these courts very clearly say that trademark law applies to commercial speech, defined as it is in First Amendment case law, and not to noncommercial speech. Some of the work is also done by the idea that trademark control extends only to the name/logo of a congregation and not to other elements of worship.

Trademark Law 72

Trademark Law Trademark Art Brands 72

SpicyIP

AUGUST 26, 2024

Further, it was alleged that they were diluting and tarnishing the brand by publishing AI-generated deepfake content using the said characters image and appearance across online platforms, including pornographic websites, which, the plaintiff argued, was detrimental to the overall reputation and goodwill amassed by the show over the years.

Personality Rights 111

Personality Rights Privacy Copyright Trademark 111

Biswajit Sarkar Copyright Blog

SEPTEMBER 27, 2024

One of the most effective ways to safeguard your business name, logo, or product is by registering a trademark. However, before registering, conducting a quick company trademark search is essential to ensure that your brand is unique and doesn’t infringe on any existing trademarks. Why Conduct a Trademark Search in India?

Trademark 40

Trademark Branding Brands Branding 40

SpicyIP

JUNE 13, 2024

Essentially, consumers are motivated to make positive efforts—such as verifying brand authenticity or switching websites—only if they perceive a substantial benefit from doing so. Initial confusion can potentially impact brand goodwill and consumer trust, even if the confusion is temporary.

Brands 56

Brands Branding Branding Marketing 56

43(B)log

MAY 22, 2023

Appellants, current and former professional models, appealed their summary judgment loss on a variety of claims arising from the use of their images in social media posts promoting a “gentlemen’s club” operated by EIE. Their social media footprints range from several thousand to a few million followers. 59 Murray Enters.,

Social Media 49

Social Media False Advertising Advertising Advertising 49

IP and Legal Filings

FEBRUARY 21, 2022

Trademark law encapsulates such territorial jurisdiction under Section 134 of the Trademarks Act, 1999 [1] ( hereinafter “Trademark Act”). However, it did not deal with crypto currency under any brand name or trade mark. Introduction. On the other hand, Defendants 1 and 2 were situated in the U.K.

Social Media 52

Social Media Trademark Law Marketing 52

43(B)log

DECEMBER 1, 2022

An online article used photos of the Lounge in its coverage of the series, and MGFB also submitted social media posts. Plaintiffs’ social media expert opined that the show meant that Internet searches for “Florabama” or “Flora-Bama” led to “blurred” results filled with MTV Floribama Shore content.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

Copyright Lately

MAY 1, 2023

As I explained in my discussion of the Rick Astley lawsuit , right of publicity and trademark law provided viable claims to Bette Midler and Tom Waits when imitations of their voices were used in advertising. Hit me up in the comments below or on social media @copyrightlately.

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Music Copyright Copying Copyright Law 90

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. There have been some court decisions on this precise topic, but the law is not completely settled. DM me on social media or email me at info@kingpatentlaw.com.

Designs 52

Designs Design Trademark Copyright 52

SpicyIP

DECEMBER 30, 2023

This rejection order passed consequent to a pre-grant opposition was among the many other legal and social campaigns against the high prices at which the drug was made available. Doing this was regarded as essential to avoid stifling local industry and balance global brand reputation with the interests of national enterprises and consumers.

IP 124

IP Copyright Trademark Intellectual Property 124

IIPRD

JANUARY 7, 2025

AI AND TRADEMARK Trademarks give brand owners exclusive rights by identifying the source of goods or services. The likelihood of trademark infringement rises with the increasing prevalence of AI-generated material. Now, all it takes to replicate the diligent effort of a trademark owner is a few AI commands.

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IP Intellectual Property Invention Inventor 98