Technology & Marketing Law Blog

JANUARY 24, 2024

However, the appellate court seems to invalidate that six-factor test: “Determining he ownership of social-media accounts is indeed a relatively novel exercise, but that novelty does not warrant a new six-factor test.” The next step is to determine whether ownership ever transferred to another party.

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Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. See “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. (See We blogged this case twice before.

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Social Media Ownership Branding Brands 100

Garrigues Blog

JULY 6, 2021

They allow companies to promote their brand image and connect with the community around them. When we start any business, one of the first things to choose is the name that will identify you in the market and, if the homework is done, it will be registered as a trademark (see a related post here ).

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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?

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Trademark Copyright Branding Brands 52

LexBlog IP

FEBRUARY 16, 2022

Using NFTs has, in part, allowed digital artists to associate ownership in an original version of their art through the NFT that can be monetized much like the physical paintings or sculptures of artists creating in physical media. Hermes is suing the artist for trademark infringement, trademark dilution, and cybersquatting.

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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.

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Trademark Non-Fungible Tokens IP Branding 52

Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. Non- fungible tokens have been designed to give a person ownership of something, kind of like modern day digital collectibles.

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Kashishipr

OCTOBER 12, 2022

Owning a trademark undoubtedly counts as one of the most valuable and crucial assets for every business company or organization. Hence, it becomes imperative not to stay ignorant about a Trademark Assignment. Moreover, trademark assignment proves to be beneficial for both parties involved. Overview of Trademark Assignment.

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Trademark Branding Brands Branding 52

The IP Law Blog

FEBRUARY 17, 2022

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.” It seems quite strange that the seller of an asset would maintain a right to simply revoke the buyer’s ownership.

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Ownership Intellectual Property Trademark Branding 98

Larson & Larson

JULY 13, 2023

For example, Coca-Cola’s name and bottle design are protected trademarks. Trademark law prevents other soda companies from using similar names or bottle designs that could confuse consumers. Unlike patents, trademarks don’t expire after a set term of years and they don’t have to be novel or non-obvious.

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Kashishipr

MARCH 2, 2022

A trademark registration certificate that you receive after getting your proposed trademark approved from a country’s Trademark Office is just the first step in the journey of your trademark ownership. Escalator, Trampoline, and Aspirin – Do you know what all these brands have in common?

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Registering Trademarks Trademark Registration Trademark Law 105

IIPRD

FEBRUARY 6, 2024

Copy Right Law in the Entertainment Industry The cornerstone of intellectual property protection in the entertainment sector is copyright law. It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork.

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Intellectual Property Cease and Desist Copyright Law Music 52

LexBlog IP

MARCH 13, 2024

Unsophisticated consumers may conflate the purchase of an NFT associated with a digital good with ownership of IP rights in that good. Trademark applicants, registrants, and practitioners need guidance regarding obtaining and enforcing trademark registrations in the context of NFTs.

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Reporting Non-Fungible Tokens IP Intellectual Property 52

The IP Law Blog

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose.

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Trademark Law Branding Brands 52

IIPRD

JUNE 13, 2024

IPR is the right for the ownership of the property which is not tangible and is the result of your intellect. Another question regarding AI-generated copyright work in India is, whether AI should be given ownership of the work or not. But in the current scenario, AI is causing greater challenges to the trademark law as well.

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IP and Legal Filings

DECEMBER 23, 2023

Spartan Online [5] , the Calcutta High Court had focused on the need for the domain names to be distinguishable from others for the purpose of establishing separate brand identity. After examining the facts, the court held that the owner of trademark had the exclusive right to register the trademark as a domain name under the trademark law.

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Trademark Registration Trademark Law Business 52

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. But what rights do you have to what it creates for you?

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Designs Design Trademark Copyright 52

Kashishipr

AUGUST 17, 2022

Here are a few reasons why content creators and social media influencers should consider registering their IP: IP registration helps establish ownership of the IP assets, which, in turn, helps enforce rights in the scenario of a legal dispute. In general, domain names are business or brand names followed by.org,com,in,gov,net, etc.

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Social Media Intellectual Property Registration Branding 52

The TTABlog

JANUARY 26, 2023

Tam (2017), holding a portion of the nation’s statutory trademark law unconstitutional, Justice Alito wrote: “It is unlikely that more than a tiny fraction of the public has any idea what federal registration of a trademark means.” It certainly is not the way you “get” a trademark. It's a fundamental principle of U.S.

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Trademark Registration Trademark Law Business 60

LexBlog IP

SEPTEMBER 6, 2023

In this release, we will discuss how a cannabis business can use trademarks for brand protection – despite the fact that federal law prohibits filing a cannabis-related trademark. In trademark law, the first use of a mark within a territory typically establishes trademark ownership in that territory.

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Trademark Registration Ownership Business 52

The IP Law Blog

APRIL 30, 2021

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?

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LexBlog IP

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” ” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose.

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Trademark Law Branding Brands 52

The TTABlog

JANUARY 4, 2023

First, this decision is the latest in an ongoing saga focused on two globally valuable Cuban trademarks: COHIBA for cigars and HAVANA CLUB for rum. Both ownership disputes began in the mid-1990s and are as of yet not fully resolved. trademark law intersects with international treaties, administrative law, and international relations.

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Registration Trademark Law Trademark Branding 75

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

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.

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IP and Legal Filings

MAY 17, 2024

The concept of passing off under trademarks law was used to provide relief to the plaintiff. The concept of passing-off under Trademark law can be applied if the person concerned is a well-known figure. It is a common tort law aspect and can be used for unregistered trademarks. In Amitabh Bhachchan v.

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Personality Rights Intellectual Property Social Media Intellectual Property Law 77

IP and Legal Filings

SEPTEMBER 8, 2023

Misutilisation Of ‘Smell’ In Trademarks Till date it is clearly apparent that no laws regarding the protection of ‘smell’ in trademarks have come into survival in India.The doctrine of functionality in trademark law states that a product’s functional characteristic does not count for trademark.

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Trademark Registration Marketing Marketing 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. Ownership of trademark rights is not contingent on a registration.

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IP and Legal Filings

MAY 17, 2022

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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Registration Trademark Trademark Law Publishing 52

Garrigues Blog

OCTOBER 26, 2022

In this race to explore new markets, infringing conducts have also taken place as a result of the unauthorized uses of famous brands to create NFTs. In view of the proliferation of similar cases, brands are considering whether they should file registration applications to protect their trademarks in these new virtual spaces.

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Non-Fungible Tokens Trademark Intellectual Property Art 52

SpicyIP

FEBRUARY 22, 2023

Battle of the Firms – The Irony of IP Law Firms Being Sued for Trademark Infringement Niyati Prabhu It is well known that companies across the world take their brands seriously and deploy law firms in order to safeguard their intellectual properties, be it their names, slogans, brands, taglines, marketing tools and (even phone numbers ).

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Trademark Law IP Intellectual Property 98

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?

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IP and Legal Filings

JULY 5, 2023

Introduction Trademarks are recognised phrases, words, or symbols that designate a certain item and lawfully distinguish it from all other items of the same type. A trademark is a valuable intellectual property that businesses use to differentiate their brand from their competitors’ in the market. Avoid well-known brands.

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Trademark Registration Branding Brands 59

IIPRD

JUNE 9, 2024

This will give recognition to those persons and provide them with ownership rights for that intellectual activity. When we talk about IPR in the metaverse various types of Intellectual Properties come into the picture, for example, copyrights, patents, and trademarks.

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Intellectual Property Non-Fungible Tokens Trademark Designs 59

Technology & Marketing Law Blog

MARCH 10, 2022

In a footnote, the court acknowledges the law is “evolving” with respect to employer ownership of social media accounts: The law on the ownership of a social media pages created by employees for employers is evolving rapidly and varies between jurisdictions. Social Media and Trademark Law” Talk Notes.

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Social Media Contracts Ownership Business 81

JIPEL Copyright Blog

DECEMBER 15, 2021

While these cases exemplify the tension between different brands and their trademarks, they also allude to the growing misalignment between the luxury fashion industry and trademark law. Brands like Tide, Sharpie, and Nintendo sell at a premium because customers trust that they’re getting high quality products.

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Trademark Law Marketing Marketing Trademark 52

IP and Legal Filings

FEBRUARY 16, 2023

Once the mark is registered under trademark act, the mark then gives the proprietor some rights to enjoy with the trademark repetitively and liabilities to maintain so that the proprietor doesn’t lose the ownership. trademark on the grounds of 22 years of non-use. vs. M/s Kellog Co. [ii]

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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?

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