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The growing reliance on NFTs necessitates careful evaluation of their implications, not just for creators and brands, but also for consumers and regulators navigating this uncharted territory. The Intersection of Fashion and NFTs The fashion industrys adoption of NFTs has transformed how brands and creators interact with consumers.
If the costume isn’t licensed, why is it not infringing regardless of the name change? To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademarklaw apply to costumes. In short, Juice Demon is Juice Demon because he can’t be Beetlejuice, not without a license.
2023 was an active year in Canadian trademarklaw. Canadian Courts addressed a wide range of issues, from licensing to comparative advertising to co-branding. Notable changes also emerged from the Canadian Trademarks Office. Additionally, many trademark fees increased by 20-35%.
The arbitral award, dated March 7, 2025, brings clarity to the protections available to well-known brands in Indias domain name system and underlines the risks of cybersquatting. Over the decades, it has built a reputation not just for technology, but also for its distinct brand identity. In a significant decision under the.IN
In the contemporary music industry, a band’s or artist’s name, logo, and visual identity constitute critical brand assets, demanding the same rigorous protection afforded to their musical compositions. This accrued recognition forms the bedrock of their brand equity. Consider the trajectory of a musical act.
Existing trademarklaws sufficiently address online infringement without needing a new “e-infringement” category. Sections 29 and 30 of the Trademarks Act, 1999 already define infringement and exceptions, covering unauthorized use by any party, which includes online retailers.
Introduction Trademarklicensing is a legal phenomenon where a trademark owner (Licensor) grants permission to another (Licensee) to use the trademark on mutually agreed terms and conditions. Hence, it reduces the uncertainty associated with the licensing of trademarks.
This case highlights the intersection of trademarklaw and e-commerce regulation, raising questions about the accountability of online marketplaces in protecting brand integrity. of facilitating the sale of counterfeit BHPC products, tarnishing the brands image and causing substantial financial loss. crore (USD 33.78
These problems are catalyzed by online marketplaces ranging from major retailers like Amazon to smaller websites such as DHGATE.com that serve as a safe haven for vendors peddling knockoff, unlicensed apparel imported from China at a significant discount compared to officially licensed products. [vi] In Scandia Down Corp. Euroquilt, Inc. ,
Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net. The SAD Scheme helps with that.
On the other side, thorough Trademark Protection and effective market permeation can result in ‘genericide,’ which refers to any mark gaining so much prevalence that it becomes a generic reference for all products in the same vein. Escalator, Trampoline, and Aspirin – Do you know what all these brands have in common?
Another crucial change is abolishing the national regime of exhaustion of IP rights for certain goods and brands. The list includes such well-known brands as Apple, HP, Panasonic, Siemens, Tesla, and Volkswagen. The list includes such well-known brands as Apple, HP, Panasonic, Siemens, Tesla, and Volkswagen.
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 trademarklaw, yes. talk) and is licensed under the Creative Commons Attribution-Share Alike 3.0 Unported license. Unported license. Generic license.
However, Modelo Grupo (“Modelo”) and Constellation Brands (“Constellation”) would say there is a lot riding on the answer. Modelo, whose parent is Anheuser-Busch InBev (“AB”), created the Corona brand. Constellation disagrees with Modelo’s position that hard seltzers are not allowed under its license.
[Image Sources : Istock] Metaverse- a Magnet to Fashion Brands Virtual worlds provide fashion brands with the opportunity to significantly cut down on the excessive resource consumption of lifestyle and create sustainability. For undisputed ownership of virtual designs, Intellectual Property (IP) laws must be thoroughly handled with.
Many people associate brands with particular colors – if you think of Tiffany & Co., you think of its famous robins-egg blue boxes and branding; if you think of Barbie, you can see the bright pink that came with so many childhood toys. The first company to trademark a color was Owens-Corning.
Navigating Brand Protection and Trademarks for Social Media Influencers. Building a brand or business as an influencer on social media is not easy. Not only are you tasked with building a successful, recognizable brand, you’re building yourself as the brand. Making a brand out of a social media business.
MSCHF has frequently targeted major brands. Rather, the quoted language came from an SDNY decision ( Tommy Hilfiger Licensing, Inc. At this point the Second Circuit baldly states “MSCHF used Vans’ trademarks—particularly its red and white logo—to brand its own products.” at 156 (citation omitted)”).
As such a proprietary right is granted by way of registration of a trademark, whereby the owner of the mark or other parties granted a license to use the brand has the exclusive right to use it for the purpose of making money. Under Sections 47 and 57 of the Trade Marks Act, 1999, Pidilite Industries Ltd.
Supreme Court case, Star Athletica, LLC v Varsity Brands, Inc. Scary Issues with Licensing and Trademarks. Although costumes are generally not afforded copyright protection, trademarklaws still prevent retailers from selling and marketing unlicensed versions of costumes using the names which they are based on.
Thou Shalt not Register Your Trade Union with a Name in the Likeness of My Trademark Reportedly, Samsung India is opposing the use of ‘Samsung’ in an application to register the trade union of it’s workers. The Court noted the expiration of the license and the respondents’ registered trademark rights.
Vintage Brand, LLC , 2022 U.S.P.Q.2d 2022 The Pennsylvania State University (“Penn State”) sued Vintage Brand, LLC (“Vintage”), an online retailer of screen-printed goods featuring logos and images, for violations of federal and state trademark and unfair competition laws. 2d 653 (M.D.
Reasons Why Nonprofit Trademarks Are Essential in 2025 Nonprofit trademarks are essential because they safeguard a group’s unique brand, build public awareness, boost donor confidence, and provide legal protection against brand theft, all contributing to the organization’s stability and fundraising success.
Lisa Ramsey: Free expression and competitiveness considerations: large brands/celebrities can teach you to associate a weak mark w/their company can be problematic. Lifeguard Licensing owns registrations for LIFEGUARD for lots of goods including apparel. This term is really generic for a genre, but there’s the registration.
The Offices found: NFT technology and blockchain networks present new opportunities for trademark owners to build their brands, reach new consumers with interactive products and services, document the provenance of products, and manage trademark rights.
In particular, Tsingtao alleged that such use of its registered trademark created in the relevant users the impression that the small breweries’ beer and brand was somewhat related to Tsingtao Beer. 57 of the Chinese Trademarklaw. 7) causing harm to other’s exclusive rights to use registered trademarks.”.
GmbH has registered trademarks in the dictionary word “Emoji.” ” They mostly are a licensing organization, and their registrations are in a wide range of classes: “from articles of clothing and snacks to ‘orthopaedic foot cushions’ and ‘[p]atient safety restraints.'”
Whilst the SPB Team does not blindly follow trends, we are advising all our trademark clients (even the more “conservative” ones) now to file trademarks covering goods and services related to the Metaverse. Here is why: New opportunities for growing your brand. Why you need new trademark registrations now.
Well, if the uptick in activity at the Trademark Office is any indication of what’s to come, we may see the late Mamba’s estate launch its own brand. On or around March 23, 2021, Kobe Bryant, LLC filed applications for numerous trademarks related to logos or terms associated with Kobe and his family. So what now?
In this case, Tata Trust had two main allegations: first, that the defendant was using the Tata trademark, and second, that his image and name were being misused to hold an event titled THE RATAN TATA NATIONAL ICON AWARD 2024 by a journalist. 2011), which imported the well-known trademark principle to protect well-known names as well.
In the Complaint, Nike alleges that StockX has infringed nine of its sneaker designs to create a line of NFTs that are part of its collection that StockX has branded the “Vault.” The collection consists entirely of allegedly unauthorized images of Nike sneakers.
Welcome to TrademarkLaw Radio, a top web resource on issues of trademark infringement, trademarklicensing, trademark protection, and trademark registration. The purpose of trademark availability assessment is really threefold.
Whilst the SPB Team does not blindly follow trends, we are advising all our trademark clients (even the more “conservative” ones) now to file trademarks covering goods and services related to the Metaverse. Here is why: New opportunities for growing your brand. Why you need new trademark registrations now.
These branded goods are sold without the trademark owner’s consent for a much lower price than that of the official retailer. The consequences of such so-called “parallel imports” are well-known: the foreign brand and its official Chinese distributor suffer economic losses and the brand is diluted by cheap sales of parallel imports.
Creators need to comprehend the fundamentals of copyright law to safeguard their creations and negotiate licensing and distribution contracts with skill. TrademarkLaw in the Entertainment Industry When it comes to branding and selling entertainment-related goods and services, trademarks are crucial.
Additionally, a name is a crucial element of personal branding, influencing perceptions, forming first impressions, and conveying character. For renowned figures, the importance of their name extends to public perception, brand identity, and professional success. It distinguishes us and shapes our sense of self.
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?
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.
Content creators and social media influencers should obtain the permission of the trademark owner whose brand name or product is displayed on their social media posts or stories. Remember, posting content that contains someone else’s logo, product name, or trademark may infringe upon their IPRs.
These branded goods are sold without the trademark owner’s consent for a much lower price than that of the official retailer. The latter problem is particularly acute if the foreign brand markets itself in the luxury segment. The Relevant Law on Parallel Import of Cosmetic Products into China. Conclusions.
The court explains that, despite the license, Gutman could use “her name for noncommercial purposes, including personal social-media accounts.” Monaghan Trademark Owner Sues Over Alleged Twittersquatting–Coventry First, LLC v. CH When Does A Parody Twitter Account Constitute Criminal Identity Theft?–Sims
We recently spoke with Omolara (Lara) Kayode about brand protection in Nigeria. Kayode & Co, a boutique IP law firm with offices in Lagos and Abuja, Nigeria. Lara is a leader in Africa trademarklaw, and represents the interests of numerous international companies in counterfeit enforcement and brand protection matters.
We recently spoke with Omalara (Lara) Kayode , about brand protection in Nigeria. Kayode & Co, a boutique IP law firm with offices in Lagos and Abuja, Nigeria. Lara is a leader in Africa trademarklaw, and represents the interests of numerous international companies in counterfeit enforcement and brand protection matters.
As a part of our comprehensive service, we conduct searches for the official trademark registry and also on the internet to determine whether or not the potential trademark is identical or confusingly similar to other registered trademarks. This being an important part makes the brand owner avoid any further litigation.
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