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Earlier this month, the ecommerce site Etsy announced that they are launching a new intellectual property portal that they hope will make it easier for brands, creators and other rightsholders to report listings that are infringing on their rights. Users login with their Etsy account and then first register their brand.
While the Chatham House rule did not expressly apply to the event, this report anonymises the views expressed. Panel 1: It looks like lookalikes are no longer liked: has the Court of Appeal moved the dial in favour of brand owners? Overall, there was a strong sense that the dial has shifted in favour of trade mark owners and brands.
First off today, Leslie MacKinnon at iPolitics reports that the Canadian Supreme Court has ruled unanimously that York University cannot be held liable for its failure to pay a collective licensing fee that it did not agree to pay. 2: Now Sony Music Sues Energy Drink Brand Bang Over Unlicensed Music in Social Media Videos.
As this Kat previously reported here , the Italian Supreme Court referred questions to the CJEU on conflicts between geographical indications and trade marks for wines. The wine brand has been around since the nineteenth century and its trade marks are well-known. The other wineries had been using the word "Salaparuta" on their labels.
Carrasquillo’s ‘Reloaded’ IPTV Branding. Carrasquillo operated several IPTV services, variously branded Reboot, Gears TV, Reloaded and Gears Reloaded but with those no longer in operation, he needed to make money in other ways. Trademark Registration No. from his bank accounts along with a fleet of supercars.
The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.
First off today, Winston Cho at The Hollywood Reporter Esquire reports that three major ISPs, Comcast, Verizon and AT&T, have settled lawsuits filed by a group of filmmakers that claimed the companies were not doing enough to combat piracy on their networks. Have any suggestions for the 3 Count?
These marks include popular adult entertainment brands including Pornhub, Youporn, Brazzers and Reality Kings, which fall under the umbrella of Aylo, the empire formerly known as MindGeek. Licensing IP alleged that the defendant intentionally registered these domains to profit from consumers’ brand recognition of these trademarks.
The Court, relying on the Local Commissioners report, and previous instances of infringement by the defendants, concluded that the defendant was a habitual infringer and harbored mala fide intentions behind using the name Amrit Nayan Jyoti. The defendants were unable to establish prior use and legitimate registration.
Trade marks Jocelyn Bosse reported on a recent decision of the Federal Court of Australia concerning the honest concurrent use of a trade mark. The court was asked to decide whether the American artist Katy Perry was liable for trade mark infringement and whether the trade mark “KATIE PERRY” registration should be cancelled.
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. Information about an individual suspected of counterfeiting or trading routes.
Latin America is no exception to this trend but unlike other regions, one pirate streaming brand clearly stands out, MagisTV. While some of these might be related, the name is also used by unrelated entities, simply because the brand has become synonymous for pirate IPTV. Last week, the Office of the U.S. Patent and Trademark Office.
From time to time, this Kat receives queries from clients in relation to the registrability of slogans as trade marks. This was specifically mentioned in the EUIPO’s comprehensive report titled “ The Distinctive Character of Slogans ” (dated October 2021) issued in March 2022 ( the Report ).
The ultimate success of brands and businesses in the modern world largely depends on the groundbreaking innovation that sets them apart from the rising competition in the market. Having a robust Intellectual Property (IP) portfolio and strategizing well to maintain it can do wonders in enhancing your brand value and market share.
Local reports suggest that at least 200 films owned by Disney, Sony, and other Hollywood studios, will disappear from licensed streaming platforms, including market leader Kinopoisk. The company says that between February 1 and February 10 alone, registrations were up 64% on similar registrations for the whole of January.
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.
In December 2020, Deetsch notified Amazon of his patents through the Brand Registry portal and asked Amazon to remove the Lei defendants’ products. He sent two letters by mail in March 2022, but was told he needed to use the Brand Registry … which he had already done. Again, right of publicity would’ve been better.
When reports about Facebook’s plan to change its corporate name hit the internet, branding experts offered their theories about the driving force behind the social media giant’s decision to rebrand itself. The exclusivity of use granted to a mark-owner under the Act makes registration essential to a successful rebrand.
We own more than a dozen trademark registrations for our brand, slogans and other creative trademarks, and we recently became the owners of a patent application. It goes out every night, downloads updates from the USPTO, syncs data, and delivers reports to us so that we can update clients.
The case is between the certifying body of the Port wine (Instituto dos Vinhos do Douro e do Porto) and a Portuguese winery, Vinoquel Vinhos Oscar Quevedo, which sought registration of the Quevedo Port word mark for wine and olive oil. IP events and opportunities Jocelyn Bosse shared upcoming IP news, events, and opportunities.
Brands are often targeted by bad actors looking to make a quick profit by stealing intellectual property and exploiting consumers. But we also explain the most effective approach: using AI-fueled and expert-led brand protection solutions to save time and ensure a sustained reduction in infringement across marketplaces.
The plaintiff argued that the defendant’s products and branding closely resembled its own, intended to mislead consumers and capitalize on New Balance’s established reputation. IPRS bags the fourth position in the CISAC Global Collections Report 2024’ s list of top revenue generating societies. New Balance Athletics, Inc.
Reports indicate that four well-known piracy brands have been reported to the police – the infamous Tamil Rockers, Tamil Blasters, and Tamil MV, plus popular mobile application Pikashow. The registration of the complaint was confirmed by Santosh Ram, station officer at the Bengaluru Police.
Trademarks are valuable IP assets, but the manual registration process may seem inefficient with AI revolutionizing this landscape by employing advanced tools, automating key steps from search to examination.
3) issue of The Trademark Reporter (TMR) has arrived. This in-depth article explores the tension between the denial of registration of trademarks that contravene “public policy” or “public order” and/or “morality” under European Union (“EU”) law and the right to freedom of expression under the EU’s Charter of Fundamental Rights.
What is a registration of trademark? Trademark registration is not a mandate under the Indian trademark law, however it is advisable to go for a registration for certain reasons. Under Section 31 , the registration certificate of the trademark serves as an evidence during infringement lawsuits. Procedure of Registration.
Allowing brands to connect with their consumers and establish a recognizable online presence, it is a crucial platform to reach audiences on a global scale. Here are some of the most common types of scams observed on the platform: Fake/ impersonation accounts Scammers create fake accounts that closely mimic established brands.
After completing the registration process, subscribers indeed get access to a movie library. However, behind the scenes, there was plenty going on and a few days ago, affiliates were informed that the “AdCenter” brand had been shut down with immediate effect. Perhaps a new brand will surface soon?
A trademark is typically a sign, logo, symbol, word, phrase, design, or combination of them, which identifies the product or service of a particular brand. It recognizes the corporate identity of the brand. To sell the product, using the brand name makes it a trademark. Acquiring Secondary Meaning. A great example here is Apple.
Read on to learn about: The difference between patents and industrial designs Recent industrial designs registration trends How you can swiftly search for industrial designs with Corsearch What are industrial designs? These and other questions are relevant in assessing registrability potential for patents.
Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. Kat friend Marijus Dingilevskis reminds us of this in reporting on a recent decision by the Lithuanian Supreme Court. Did Chanel fail to secure registration for its perfume bottle within Lithuania?
The number of applications filed, and registrations granted in FY2020 both grew over the prior year, to the highest in history. trademark registrations! When Congress passed the CARES Act in late March, it featured provisions allowing the USPTO to extend some deadlines for applicants and registrants for a few months.
I think you would agree with me that protecting a brand has become increasingly difficult in this digital era, where originality is becoming a thing of the past. Recently, we had a case wherein our Client’s IR application was provisionally refused by the Indian Registry due to the existence of an already registered identical mark.
Within the realm of trademark infringement, counterfeiting emerges as a specific violation, wherein individuals or enterprises replicate registered trademarks verbatim to deceive customers, masquerading these imitations as genuine products from your brand. Once you’ve uploaded your documents, you can submit IP registrations for verification.
Genesis of the Dispute According to this report on Mint (paywalled), the Lodha siblings (Abhishek and Abhinandan) parted ways in 2015. He also argued that the FSA stipulated that Abhinandan could not use the TM or brand name Lodha in any manner whatsoever.
By following a series of steps, you can safeguard your brand reputation and prevent consumers from being misled. Counterfeiting is one form of trademark infringement, where exact copies of registered trademarks are used to deceive customers and pass off as your brand.
There are two drivers of brand asset strength: uniqueness and fame. For example, when you see the swoosh logo of the Nike brand you know it represents Nike even though it may be featured on its own with no name accompanying it. If an asset is less famous, it is more likely to be mistakenly attributed to a competitor’s brand.
Alpino, WIPO’s report on diversification and economic development, and the dispute between Samsung and its trade union over the use of “Samsung” in the Union’s name. SpicyIP Intern Deepali Vashist discusses the key aspects of this report and its observation on India.
Branding has become more important than ever, particularly in developing an online presence through search engines, various online platforms, and social media. Further, the rise of the “influencer” has opened additional opportunities to deliver brands and products to targeted demographics. Online Marketplace Protection.
In this blog, we outline the tools you can use to protect your brand reputation and prevent consumer confusion. Counterfeits Counterfeiting is a specific type of trademark infringement where exact copies of registered trademarks on products are used to deceive customers into believing they are buying from the original brand.
Reports indicate that within the first day of launch, more than 30 million users have signed up. As users rush to join the platform, brands should also prioritize claiming accounts in order to guarantee the availability of their choice names—and to prevent potential bad faith registrants. By: Seyfarth Shaw LLP
Through a comparative lens he showcased the registration trends over the recent years in the examples of US, China and Hungary. Will registration – standing the no formalities rule in international law – enhance legal certainty or merely be an administrative matter? Is the overlap of different IP regimes genuinely problematic?
Invest in brand strength. Put simply, brand strength (sometimes known also as brand equity) is the value that is carried by a brand. It denotes a consumer’s perception of a brand, or the value invested in it by a business over time. What Makes a Brand Strong? Protectability A trademark must be protectable.
Registration ( No 10 168 441 ) was granted the following year. Comment Readers might recall that, last summer, The IPKat reported on the then fresh GC decision relating the Guerlain’s Rouge G lipstick shape mark and regarded it as offering some hope for those seeking to register less conventional signs. Milano, Tecnica Group S.p.A.
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