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This is one of the questions posed by a Belgian court to the Court of Justice of the EU (CJEU) in a new reference for a preliminary ruling ( Van Ratingen , case C-749/24). Background Koninklijke Philips NV (Philips) marketed various air fryers under the brand Airfryer. Ratingen appealed to the referring court.
The fashion industry sector extends beyond simple trademarks, such as logos or brand names, but rather includes characteristics, including colour palettes, product forms, or even the structure of physical store spaces. In an aesthetic-driven industry, these marks are very important for differentiating one brand from another.
Introduction Registration of a trademark is an important step toward building a brand on solid ground. Today, in a competitive marketplace, the difference between a successful strategy for the long-run has to do with brand identity. That should represent your brand and not explain it.
This blog will examine the features, benefits, effective functioning, and strategies on how best to use the Madrid Protocol to protect the brand globally. Separate applications for trademarks are still required for those markets. Such a process engages the company in the efficient allocation of resources in terms of market expansion.
With Gen Zs growing influence on global eCommerce, their attitudes toward counterfeiting present both a challenge and an opportunity for brands. In his previous role as Head of Digital IP Enforcement for Tommy Hilfiger , Alastair lead the global strategic operations for brand protection, encompassing both online and offline actions.
Image from here Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts? Moment marketing” refers to a strategy where brands can take advantage of ongoing events to gain relevance, and especially for some of the sheen of patriotic athletic victories to wear off on them.
Kat friend Jan Jacobi reports on a recent case where only the intrepid dare tread—-trade mark exhaustion and market partitioning. Some trade mark proprietors (contractually) restrict their distributors from selling to certain markets.
Protection of trademarks is important for the following reasons: Preservation of brand identity Prevention of customer confusion Business investment protection Fair Competition Innovation in branding Famous infringement cases within the areas of intellectual property underline complex legal issues and stakes involved. Dongre and Ors.
Geographical Indications (herein referred to as G.I.) Geographical indications bring a sense of security that protects unique property that belongs to a particular geographical location, increasing its value in the market. By throwing more light on the market economy and local market, it can be noted that G.I.
INTRODUCTION A distinct scent has immense recall value and the potential to become a powerful identifier of a brand. Several luxury brands, including Tom Ford, Chanel, and Dior, annually invest millions into developing and marketing their signature perfumes. billion in 2025.
Here's what Anna Maria and Lorenzo write: Parasitic advertising on UEFA Euro 2020: Italian Competition Authority imposes first sanction for ambush marketing by Anna Maria Stein and Lorenzo Maniaci Ambush Kat By its decision No. Since May 2020, ambush marketing has been regulated in a comprehensive manner in Italy by Law No.
For many brands, the holiday season brings a surge of infringements on across marketplaces and social media. To keep up with this increased seasonal activity, its critical that brand protection strategies are both flexible and targeted to priority platforms.
As a TV broadcaster, Sky has an exceptional view of the legal subscription TV market and how the illegal IPTV market encroaches on that. As an ISP that supplies 20% of the market, Sky’s view of its own customers using Sky Broadband to pirate Sky’s pay TV content is a persistent irritant that comes with the territory.
Intellectual Property refers to any intangible asset or property originated from the human intellect. It helps in building brand identity, goodwill and consumer trust. Hence, by understanding the different types of IPR, you can make informed decisions about protecting your brand, invention, or creative work.
The following is an edited transcript of my book video Building a Bold Brand Chapter 4: Spectrum of Marks. Some brands and trademarks are entitled to greater protection than others. Some brands and trademarks are entitled to greater protection than others. Before you do that, there’s another key consideration.
Our technology and internet lawyers are constantly contacted by Amazon sellers trying to protect their brand names and products on the Amazon marketplace. One of the most common brand protection issues involves gray market sellers and counterfeits on Amazon. There’s both good news and bad news.
271751, titled “Preparation of AZOXYSTROBIN” The plaintiffs manufacture and market Azoxystrobin under the brand name AMISTAR. The ToR, referred to as the Proposed Consolidated Reference , included provisions for sample collection, testing protocols, and confidentiality measures.
Earlier this month, the RIAA shared its recommendations for the USTR’s annual review of overseas notorious markets. The RIAA also carved out a brand new category this year, labeled AI Based Extractors/Mixers. In addition, they argue that the sites don’t deserve the ‘notorious’ brand for several reasons.
4, 2024) Finding Zesty Paws’ “#1 Brand” claim literally false, the court grants a preliminary injunction despite Zesty Paws’ attempt to create a factual dispute about what a “brand” is. Nutramax and Zesty Paws are direct competitors in the pet supplement market. A brand can be a limping mark!) Nutramax Labs.,
TVWIKI’s rapid rise in popularity quickly made it a prime anti-piracy target, with Hollywood’s Motion Picture Association (MPA) labeling the operation a notorious piracy market. The Shutdown Notice (translated) South Korean news outlet MBN refers to the alleged operator as “Mr. In a report sent to the U.S.
Non-conventional or Non-Traditional trademarks such as sounds, color, shape, scent or any other motion marks have emerged as a new innovative tools widely being used in the todays changing and competitive market era that redefine how brands connect with the public at large.
WowWee’s Vice President of Brand Development & Creative Strategy, Sydney Wiseman, used her WowWee email address to create a Roblox user account and used her Roblox account to promote My Avastars dolls on social media, including videos on her TikTok account. And defendants’ dolls were “virtually identical” in shape to Roblox’s avatars.
The dramatic rise in e-commerce in the last two decades saw many brand and business owners struggling to safeguard their Intellectual Property (IP) assets in cyberspace, starting from domain names and then going onto social media handles. NFTs may refer to the digital goods or specific pieces sold in the Metaverse.
The Trademarks Act, 1999, gives trademark protection to the identity of brands. An Insight into the Nexus between Customs and Trademark Laws Trademark laws protect the identity of brands through exclusive rights granted to the owners of registrations.
However, as markets grow increasingly innovative, non-traditional marks have emerged, referred to as unconventional trademarks. Rooted in the expansion of brand identity, their evolution began in the mid-20th century, gaining traction with sound and colour marks. While less common, they reflect evolving brand strategies.
DBrand , a Canadian accessories company notorious for its tongue-in-cheek marketing, taunted Sony earlier this year after launching an unofficial Sony PlayStation 5 (“PS5”) product. DBrand is apparently aware of Sony’s efforts to suppress these custom products, as they marketed their Darkplates with the tagline “Go ahead, sue us.” .
Simply put, trademark genericization is the death of the mark as it no longer acts as a source indicator of the brand owner. A wide array of linguistic, legal, and marketing-related factors contribute to trademark genericization. Another way is to use the brand as an adjective with the generic term. .’
Is the operator offering additional services to the third party sellers as part of the marketing of their products (e.g., This decision is of course opposite to that of the Advocate General's opinion , which was in agreement with Eleonora's opinion that the CJEU should answer the referring questions in the negative.
The Bureau and HPFB have also committed to working together on Bureau-led enforcement actions, such as when generic pharmaceutical companies report having difficulty obtaining reference samples from branded drug manufacturers.
A trademark refers to a name, mark, or sign through which the products belonging to a company or a person can be distinguished from other products in the market. Firstly, trademarks help distinguish one product from another in the market. Moreover, trademarks also add to the brand value of a particular product or service.
The General Court rejected an appeal brought by AC Milan (nicknamed also Rossoneri) and considered that the brand characterizing Rossoneri’s emblem could not be registered as an EU trade mark (EUTM) since it would give rise to a likelihood of confusion with the earlier German trade mark ‘Milan’ held by the company InterES.
Nonetheless, brands have evolved and now adopt a more pragmatic approach, seeking to improve the client experience and linking NFTs to the traceability of the items of clothing. The fashion industry was one of the first industries to enthusiastically explore the opportunities afforded by the metaverse and NFTs (non-fungible tokens).
As reported , Revlon, the iconic cosmetics brand, has filed for bankruptcy. The New-York based cosmetics company reportedly struggled due to competition from other established brands as well as a host of small companies that use social media. Image from here. v Sarita Manufacturing Co., 1997 PTC 394.
When we marketers think about a branding initiative, our eyes light up at the notion of limitless creative possibilities. But to use these creative assets to power your brand, you must first get the strategy right. How is our company’s broader strategic plan reflected in our brand strategy? What’s in a Name?
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.
Haute24 is an online e-commerce platform whose stated aim is to make luxury apparel from the US and Europe affordable for the Indian market (see here ). Louis Vuitton submitted that these were specially commissioned works used for advertising and marketing their products, and were being used without authorization by the defendants.
This article discusses the domain of trademark registration, which is useful for businesses and individuals in order to protect their brand. These brand names, slogans, and taglines can be considered as some of the content that can be used on the different platforms.
They estimated the market value of original Off-White items to be around $11,700. Comment Brand owners know that the battle against counterfeiting and piracy remains a challenging one. Off-White submitted that there had been "use in the course of trade," citing the quantity and amount of counterfeit garments. customs trainings).
The National Football League (NFL) , organizers of the event, have created and grown the brand of the Super Bowl to what it is today. Arguably the most important sports event in the U.S.A., the Super Bowl moves billions of dollars, mainly through advertising. THE SUPER BOWL TRADEMARK in 1969 In 1969, the NFL trademarked “Super Bowl”.
This charge was considered unfair due to the dominant position of SGAE in the market. On 15 October 2024, South Africa's President Cyril Ramaphosa referred the two mentioned bills to the Constitutional Court because of possible constitutional issues. Our Katfriends analysed the case from de-branding and exhaustion perspectives.
Recently, Domex, a Hindustan Unilever brand, has launched a new ad campaign across print, digital and other media, at least some of which explicitly compares itself to Reckitt Benckiser’s toilet cleaner brand ‘Harpic’. However, it isn’t difficult to identify the product, i.e. Domex, without referring to Harpic.
The sustainability-related exploration (in the context of part I) is concluded with a chapter touching upon the fast fashion phenomenon from a legal point of view, introduced with a reference to the cerulean blue sweater in The Devil Wears Prada, to emphasize that fashion is made to become unfashionable.
The reason why there has been a sharp increase in moving logos being incorporated as trademarks by many companies is that the contemporary market is now innovating new products with sensory and unique experiences to leave a mark on their customers and develop a distinct and novel reputation. Motion Trademarks in India.
This has led to consumers opting for brands that pledge their duty to contributing towards environmental protection by means of minimalism and sustainability. In today’s era of eco-branding, wherein trademarks are used to distinguish sustainable brands from the mainstream commercial ones, the latter engage in the practise of “greenwashing”.
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