azrights

OCTOBER 18, 2021

Let’s begin by considering the terminology as it’s all too common when it comes to brands to find people have different meanings in mind. I’ll then explain the role of trademarks and why and how to be strategic with them. The Meaning of Brand. But brands have a third dimension or a third purpose. They save us time.

Branding 52

Branding Branding Brands Trademark 52

IPilogue

OCTOBER 19, 2021

Cookie Department”) for copying Hershey’s famous Kisses shape. The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. On September 28, 2021 , The Hershey Co.

Cease and Desist 105

Cease and Desist Branding Branding Brands 105

Copyright Lately

OCTOBER 20, 2024

American accused the website of deceiving customers, selling unauthorized tickets, and tarnishing its brand. While logos can be protected under both copyright and trademark law, it’s rare to see a plaintiff succeed on a copyright claim while failing to establish trademark infringement. It sought $94.4

Copyright 86

Copyright Fair Use Social Media Business 86

IPilogue

OCTOBER 28, 2021

In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. Supreme Court case, Star Athletica, LLC v Varsity Brands, Inc.

Intellectual Property 115

Intellectual Property Design Designs Copyright 115

IP and Legal Filings

SEPTEMBER 17, 2021

For the same reason, several famous designers in India such as Anju Modi, Rohit Bal, Anita Dongre, and Masaba Gupta have legally protected their designs to avoid the creation of counterfeit apparel, copies, or knock-offs of their designs by unauthorized parties. Such technologies add to the uniqueness and image of a particular brand.

Design 97

Design Designs Artistic Work Technology 97

Corsearch

FEBRUARY 22, 2024

Trademark infringement is the nightmare that keeps big brands up at night. In a world where maintaining a distinctive identity and protecting consumer trust is a constant battle, safeguarding your trademarks is crucial. What is trademark infringement? Let’s start with the basics; what is trademark infringement?

Branding 59

Branding Branding Brands Trademark 59

TorrentFreak

APRIL 26, 2024

In other parts of the notice, takedowns were requested under trademark law. At this point, it’s worth highlighting something that all of these notices have in common: not a single one targets pirated copies of Nintendo games. A similar notice sent to GitHub in 2020 took content down using the DMCA. So Real or Fake?

Artwork 144

Artwork Branding Branding Brands 144

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 Brands 111

Technology & Marketing Law Blog

DECEMBER 11, 2023

MSCHF has frequently targeted major brands. At this point the Second Circuit baldly states “MSCHF used Vans’ trademarks—particularly its red and white logo—to brand its own products.” Unlike the defendant in Jack Daniel’s , MSCHF, at least amongst its relevant consumers, has a valuable brand.

Blogging 130

Blogging Trademark Branding Branding 130

Patently-O

JULY 19, 2023

Unlike patent and copyright, trademarks and trade secrets continue to be concurrent and overlapping, meaning that state rights continue to exist and be enforceable alongside the federal right. With trademark law, the federal right has been around since 1870 and today occupies most of the space. What do you think?

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

The IP Law Blog

SEPTEMBER 1, 2022

In short, the fashion brand contends that Mrs. Bieber’s use of Rhode in connection with skin care products is likely to create consumer confusion, despite the fact that their federal trademark registration does not include skin care products. Bieber in the United States District Court for the Southern District of New York.

Branding 98

Branding Branding Brands Trademark 98

43(B)log

JUNE 24, 2022

RT: I would say lots of courts in © also try to reduce merger to meaning that you can do anything but copy verbatim, which is a narrowing that many courts in TM don’t bother with, though some variants of Rogers v. Davis: we’re talking about brands: if you become a brand, getting aesthetic and emotional meanings, should you lose your TM?

Trademark Law 75

Trademark Law Law Trademark Registration 75

Kashishipr

DECEMBER 15, 2021

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.

Trademark 105

Trademark Intellectual Property Registration Designs 105

The IP Law Blog

MARCH 5, 2021

Ironically, the more popular a trademark becomes, the more likely it is that a trademark will become generic, causing the trademark owner to lose its exclusive right to use and protect the trademark. Once a mark becomes generic, it loses its trademark protection and becomes available to the public.

Trademark 85

Trademark Branding Branding Brands 85

The IPKat

JANUARY 27, 2022

In any event, the decision underscores that the principle of territoriality cannot be avoided even by the most iconic world-wide brands. In terms of trademark law, yes. The decision also reminds that each jurisdiction fashions its own requirements regarding proof of acquired distinctiveness, especially consumer perception.

Trademark 138

Trademark Registration Marketing Marketing 138

The IP Law Blog

SEPTEMBER 22, 2022

P and P Imports (“P&P”) sells outdoor games under its GoSports brand, and in December 2016, it began selling its “Giant 4 in a Row Game” that was based on the classic tabletop version. The Ninth Circuit first recognized that “proof of copying strongly supports an inference of secondary meaning.”

Copying 98

Copying Marketing Marketing Advertising 98

Biswajit Sarkar Copyright Blog

JULY 24, 2024

District Court of Southern District of New York, claims that Starbuds has intentionally copied Starbucks’ iconic logo and brand name to confuse the public. The lawsuit, filed on June 28th in the U.S.

Branding 52

Branding Brands Branding Copyright Infringement 52

Kashishipr

SEPTEMBER 20, 2021

According to SSPL, this practice was dishonest as it could make NTC benefit from the reputation and goodwill of SSPL’s brand name. On the other hand, the Trademark Law allows two or more registered owners or concurrent users of similar marks. Also, their use was concerning identical goods. Defendant’s Response.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

IP and Legal Filings

MARCH 28, 2023

Marks that are so well-known, highly regarded, or famous that governments have determined they warrant protection regardless of whether their unauthorised use is likely to lead to consumer confusion are protected by trademark dilution. This is known as trademark dilution. Blurring Tarnishing 1.Blurring Haute Diggity Dog. [4]

Trademark 96

Trademark Branding Branding Brands 96

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 Branding Brands Personality Rights 98

Greenspoon Marder LLP

NOVEMBER 8, 2016

Adidas asserted that FC Barcelona’s design is confusingly similar in appearance and commercial impression to its well-known, often-enforced “three-stripe trademark.” Adidas is a frequent participant in trademark enforcement legal disputes.

Design 52

Design Designs Copying Intellectual Property 52

IP and Legal Filings

SEPTEMBER 3, 2021

Surprisingly enough, store layouts play a crucial role in boosting the brand image, consumer favourableness and profitability of the business. There are numerous advantages of registering store layouts as a trademark. For one, it could add to the reputation, goodwill and brand image of a particular business.

Trademark 52

Trademark Branding Branding Brands 52

Kashishipr

AUGUST 17, 2022

Therefore, content creators and social media influencers must understand that their unique and creative content is easily accessible to millions of social media users and can be easily copied. Trademarks – A trademark helps identify, indicate, classify, and differentiate the source of products or services of one from those of others.

Social Media 52

Social Media Intellectual Property Registration Branding 52

Intepat

DECEMBER 30, 2024

Beyond its functional role of safeguarding goods from damage, packaging serves as a powerful communication tool between brands and consumers. The visual and aesthetic aspects of packaging often act as unique identifiers for a brand, fostering consumer recognition and trust. However, copyright law comes with certain limitations.

Trademark 52

Trademark Copyright Artistic Work Copyright Law 52

43(B)log

JANUARY 27, 2023

Spiralverse removed the original paperback glue bindings from the copies it purchased, punched holes in the pages, and installed spiral bindings. Spiralverse listed its modified copies for sale on Amazon at prices of $29.99 It’s desirable for making it easier to turn pages for performance etc. Was this literally false?

Derivative Work 75

Derivative Work False Advertising Advertising Advertising 75

Corsearch

AUGUST 16, 2023

Have you ever felt lost in the labyrinth of legal jargon when it comes to protecting your creative works or brand identity? In this short blog we demystify the realms of copyright and trademarks, using the U.S. Unlike copyright, trademarks are all about the name game. Do you need to register your trademark?

Trademark 52

Trademark Copyright Branding Brands 52

Kashishipr

SEPTEMBER 7, 2022

When we talk about building brand image and attraction, fashion companies put in a lot of time, money, effort, and hard work. Trade dress protection falls under trademark law as the design functions as a trademark, i.e., identifying a product emerging from a specific fashion house or fashion designer.

Trademark 52

Trademark Design Designs Marketing 52

The TTABlog

JANUARY 4, 2023

trademark law intersects with international treaties, administrative law, and international relations. At the heart of each dispute is the question of the status of trademarks not used in the U.S. If this grounds for cancellation sounds unlike anything you’ve ever heard of in trademark law, you are not alone.

Registration 61

Registration Trademark Law Trademark Branding 61

IP and Legal Filings

JUNE 12, 2023

To do this, food firms invest a lot of money in developing and promoting distinctive brands and are increasingly turning to intellectual property (IP) protection as a means of establishing or maintaining their leadership in the industry. IP provides a wide range of tools that can help businesses stand apart from the competitors.

IP 98

IP Intellectual Property Trademark Design 98

Intepat

DECEMBER 30, 2024

India largely embraces international exhaustion, as reflected in its trademark laws. Indias Position on the Doctrine of Exhaustion Indias stance on exhaustion varies across different branches of IP law, reflecting the countrys broader objectives of fostering competition, innovation, and consumer access to affordable goods.

IP 52

IP Law Trademark Law Intellectual Property 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 Branding 72

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 Branding 52

LexBlog IP

OCTOBER 25, 2021

The brand thrived by pioneering a “Home Try-On” program which allows customers to select five frames to be shipped to them for free, and then the customer has five days to try out the frames before returning them to the company. Michaela Cappucci is a second-year law student at Wake Forest University School of Law.

Advertising 52

Advertising Advertising Trademark Cease and Desist 52

IIPRD

JUNE 8, 2024

Fundamentals concerning this trend’s effects on consumer perceptions, intellectual property rights, and brand integrity are brought up. Although they provide more affordable options, knockoffs and counterfeiting present a problem for luxury brands and designers who want to safeguard their creative investments.

Intellectual Property 52

Intellectual Property Design Designs Branding 52

Biswajit Sarkar Copyright Blog

JULY 7, 2024

CIR alleges that the big corporations OpenAI and Microsoft have used, copied, abridged, and displayed the contents of CIR to train ChatGPT without obtaining permission or providing any compensation. CIR, founded in 1976, is an independent, multi-media non-profit news organization with a significant influence across the United States.

Copyright Infringement 40

Copyright Infringement Reporting Copyright Intellectual Property 40

Copyright Lately

MAY 1, 2023

The comments from Michael Nash quoted above really only speak to the input phase, during which audio recordings are copied to a dataset that’s then used to train a voice model. It isn’t human-readable and does not contain copies of any audio recordings. But once created, the voice model is just a set of parameters.

Music 93

Music Copyright Copying Copyright Law 93

SpicyIP

JANUARY 23, 2023

Delhi High Court clarifies that difference in brand name cannot be a defense against prior publication of the suit design. Case: Novamax Industries Llp vs Prem Appliances & Anr. On this the court observed that “ The brand name of the cooler is, in fact, really irrelevant. However, the order has been stayed by a Division Bench.

Design 105

Design Designs Invention Registration 105