LexBlog IP

MARCH 3, 2023

Safeguard Your Brand: How Choosing the Wrong Trademark Lawyer Can Kill Your Brand @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-6402f22ad89cf2570{display: 80 (1950) trademark rights were lost because the mark ESCALATOR had become generic and therefore lost its trademark status.

Brands 52

Brands Branding Branding Trademark 52

Technology & Marketing Law Blog

DECEMBER 11, 2023

MSCHF has frequently targeted major brands. Following the Jack Daniel’s decision, to resolve whether the Rogers test applies, the Second Circuit had to determine if MSCHF used Vans’ marks as a mark for its own goods. Unlike the defendant in Jack Daniel’s , MSCHF, at least amongst its relevant consumers, has a valuable brand.

Blogging 130

Blogging Trademark Brands Branding 130

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Corporations must establish online identities, such as logos, slogans, product names, and brands, to build consumer awareness, loyalty, and trust.

Trademark 98

Trademark Social Media Advertising Advertising 98

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.

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

Likelihood of Confusion

OCTOBER 28, 2024

Republished by Blog Post PromoterWho but the ultimate trademark pig the NFL would make unwilling third parties endorse their sponsors? The post The ugly side of branding appeared first on LIKELIHOOD OF CONFUSION™. Makes me want to throw a SUPER BOWL PARTY!

Brands 52

Brands Branding Branding Blogging 52

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may.

Trademark 98

Trademark Registering Trademarks Trademark Law Brands 98

Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 1125(c)(3)(A).

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

IPilogue

OCTOBER 28, 2021

District Court for the Eastern District of New York ruled that the parodical and satirical use of Fun World’s copyrighted “Ghost Face” mask was permitted under the fair use doctrine. Supreme Court case, Star Athletica, LLC v Varsity Brands, Inc. Scary Issues with Licensing and Trademarks.

Intellectual Property 115

Intellectual Property Designs Design Copyright 115

43(B)log

JUNE 24, 2022

Ornamental use may help to maintain rights even if core uses cease. Can it be used in different ways in TM as a thumb on the scale rather than a binary? 2d Cir in Descriptive fair use—how “pure” is the descriptive character of the use? Could we do something similar in ornamentality?

Trademark Law 75

Trademark Law Law Trademark Registration 75

Erik K Pelton

DECEMBER 20, 2022

which will determine the scope of the Lanham Act as applied to trademark infringement that occurs outside the US. The Court has also agreed to hear a patent case this term, and it will rule on a copyright fair-use case brought by the Andy Warhol Foundation for the Visual Arts that was heard this fall. Queen of Christmas.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

LexBlog IP

NOVEMBER 30, 2022

This ground-breaking decision heralds the expansion of traditional fair use defenses to any trademark infringement claims where a defendant’s conduct relates, in any way, to the broad category of activity considered “expressive” under the First Amendment.

Brands 52

Brands Branding Branding Fair Use 52

Kluwer Copyright Blog

MARCH 1, 2023

In the United States, the doctrine of fair use has been held to permit parody in uses ranging from rap music to children’s books. These fair use rights, the courts have said, have their roots in the U.S. Jack Daniels asserts that the Bad Spaniels toy infringes on its trademark and dilutes its brand.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 52

IP and Legal Filings

JUNE 26, 2023

Introduction Brand owners and traders have long embraced numeral creativity to captivate consumers. Names like 7-eleven, 5 Star, 7Up, and 99acres resonate with consumers, widely reflecting the innovative use of number as brand identities.

Trademark 96

Trademark Fair Use Registration Brands 96

Likelihood of Confusion

AUGUST 25, 2023

From last week’s INTA Trademark Topics email discussion list. The post Best of 2010: Trademarks, copyright, brand equity, and rent-seeking: Soapbox 2010 appeared first on LIKELIHOOD OF CONFUSION™. One name has been changed to protect the innocent, and the links, by way of.

Brands 52

Brands Branding Branding Trademark 52

Trademark and Copyright Law Blog

JULY 9, 2020

In addition to making history in the remote-work era, this case caught the attention of trademark lawyers and some mainstream media ; after all, it concerns a relatively well-known brand and the intriguing question of genericness.

Trademark 93

Trademark Registration Trademark Law Fair Use 93

LexBlog IP

JUNE 9, 2023

VIP filed suit, seeking a declaratory judgment that Bad Spaniels neither infringed nor diluted the Jack Daniels brand. ” The Court noted that applying Rogers to all matters where there is an expressive element would impermissibly extend Rogers to nearly all facets of life and potentially supplant the purpose of trademark law.

Trademark 52

Trademark Cease and Desist Fair Use Brands 52

SpicyIP

MAY 18, 2022

From a trademark law perspective, however, the decision as to whether or not such a separate classification is necessary will depend on consumer experience with these goods and whether consumers perceive these ‘virtual goods’ as definable and having inherent value. But it is equipped to efficiently deal with new workload?

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

SpicyIP

NOVEMBER 17, 2023

Course Schedule Day Time (IST) Sessions Topics From To Day 1 9:30 AM 11:00 AM Introduction to Intellectual Property Rights for Entrepreneurs Significance of IPR for entrepreneurs Types of IPR relevant to start-ups 11:10 AM 12:40 PM Patents Patent for entrepreneurs Patent application & prosecution for start-ups 12:40 PM 1:30 PM Lunch 1:30 PM 3:00 (..)

Intellectual Property 105

Intellectual Property Technology IP Law 105

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. Thus, it may not even be descriptive fair use to use the name of the religion from which the dissenters have parted. The 9th Circuit in Bosley v.

Trademark Law 72

Trademark Law Trademark Art Brands 72

IP and Legal Filings

OCTOBER 31, 2023

In the United States as well, trademark laws prohibit the trademarking of generic terms because it would give someone a monopoly on a product. Image Sources: Shutterstock] Brief background Booking.com is a website for booking travel and lodging services that has been using the domain name “Booking.com” since 2006.Company

Trademark 59

Trademark Trademark Law Registration Fair Use 59

Patently-O

SEPTEMBER 17, 2023

The Federal Circuit’s pair of decisions provide guidance on how logos factor into the design patent infringement inquiry, and begin to tease-out differences in policy concerns underlying design patent law versus trademark law.

Design Patent 72

Design Patent Patent Infringement Designs Design 72

Likelihood of Confusion

OCTOBER 25, 2024

Originally posted 2013-01-08 13:57:37. Republished by Blog Post PromoterPresident Obama is suffering from the right-of-publicity blues again. And now maybe we understand why he wants an intellectual property anti-counterfeiting lawyer on the Supreme Court — this could rise to the level of an international incident already, Jack!

Intellectual Property 52

Intellectual Property Blogging Fair Use Branding 52

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

Copyright Lately

MAY 1, 2023

She would create a dataset of sound files consisting of Drake acapella vocals (stripped from the music tracks using a vocal separator) and run the data through software used to train the voice model. They may also be interested in licensing their sound recordings for AI training purposes.)

Music 99

Music Copyright Copying Copyright Law 99

Intepat

OCTOBER 28, 2024

Economic Incentives for Trademark Protection: Trademark protection primarily aims to incentivize businesses to innovate and invest in their brands. By granting exclusive rights to use a mark, the law encourages companies to develop unique products and maintain high standards, ultimately benefiting consumers and the economy.

Intellectual Property 52

Intellectual Property Intellectual Property Law Trademark Registration 52

IIPRD

JUNE 9, 2024

Trademarks A Trademark can be a mark, symbol, design, color, combination of colors, shapes, etc. As in the real world the logos, domain, and brand names of products and services are protected under Trademark, virtual goods, and services can be trademarked in the United States Patent and Trademark Office (USPTO).

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Trademark Designs 59

Likelihood of Confusion

DECEMBER 25, 2022

Walter Olson: The famous maker of candies and candy-dispensers is suing the owners of the Burlingame Museum of Pez Memorabilia in Northern California, claiming that its venture into Pez homage, The post Companies versus their fans appeared first on LIKELIHOOD OF CONFUSION™.

Fair Use 88

Fair Use Trademark Law Branding Brands 88

LexBlog IP

JUNE 20, 2023

7 Brand Tennessee Sour Mash Whiskey” turns into “The Old No. It owns trademarks in the distinctive Jack Daniel’s bottle and in many of the words and graphics on the label. The trademark law provides that the “noncommercial” use of a mark cannot count as dilution. Though not entirely.

Trademark 40

Trademark Designs Design Fair Use 40

IP and Legal Filings

FEBRUARY 16, 2023

In order to maintain the owner’s rights, a trademark must be used and periodically renewed; otherwise, the proprietor might lose the validity and the right of enforcing the trademark. trademark on the grounds of 22 years of non-use. vs. M/s Kellog Co. [ii]

Trademark 52

Trademark Registration Registering Trademarks Advertising 52

Likelihood of Confusion

SEPTEMBER 23, 2024

The decision is here; the minute entry on the electronic docket reads as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW – that S & L Vitamins has […] The post Fat lady sings: Findings of Facts and Conclusions of Law in Designer Skin v S & L Vitamins appeared first on LIKELIHOOD OF CONFUSION™.

Designs 52

Designs Design Law Blogging 52

Likelihood of Confusion

OCTOBER 9, 2023

StationStops reports that the MTA has backed off at least part of its obnoxious “IP enforcement program” and undone some of the damage the agency caused between the company and. The post Light at the end of the tunnel appeared first on LIKELIHOOD OF CONFUSION™.

Reporting 52

Reporting IP Fair Use Branding 52

Likelihood of Confusion

SEPTEMBER 15, 2023

One of my favorite ever topics here on LOC has been the litigation brought by the University of Alabama against painter Daniel Moore for unauthorized artistic depiction of trademarks. The post More, more, Moore! appeared first on LIKELIHOOD OF CONFUSION™.

Litigation 52

Litigation Trademark Fair Use Branding 52

Likelihood of Confusion

APRIL 19, 2023

” To wit: “We are seeking to bar Audi from using any names that could infringe. A report in the online Financial Express says that Nissan is suing Audi over “Q.” The post Q the Lawyers appeared first on LIKELIHOOD OF CONFUSION™.

Reporting 52

Reporting Fair Use Branding Branding 52

Likelihood of Confusion

DECEMBER 22, 2022

Maybe if Steve Brodsky or the Whistleblower published pornography or scandalous charactures of Dick Cheney or were uploading music files the self-appointed guardians of free speech would have something to say about what's going on here. The post Jews for Jesus* v. free speech: update appeared first on LIKELIHOOD OF CONFUSION™.

Music 52

Music Publishing Fair Use Branding 52

43(B)log

MAY 22, 2023

Anyway, “recognizability thus serves the purposes of trademark law in the false endorsement context.” Plaintiffs had “varying levels of success and visibility in their modeling careers.” Several had appeared in magazines, advertising campaigns, television episodes, and films. Some limits on the Polaroid spectrum!

False Advertising 49

False Advertising Social Media Advertising Advertising 49

LexBlog IP

SEPTEMBER 29, 2022

In the US, other sound marks include Law & Order ’s ca-chung chung (as Reg. But, as Nick March has said , there is no turning back as “the power of sound to build emotional connections between consumers to brands has become evident. An aural identity can be used in myriad ways across TV, radio and internet media.

Trademark 52

Trademark Registration Music Intellectual Property 52