The IP Law Blog

APRIL 13, 2023

The law firm claims it has been using a black and silver color scheme to promote its services since its inception in 2012. The Dimopoulos Law Firm alleges that the NFL’s cease-and-desist letter is unfounded. Below we analyze the grounds of the dispute and the legal implications of the case.

Cease and Desist 98

Cease and Desist Law Advertising Advertising 98

The IP Law Blog

DECEMBER 1, 2022

The dispute dates back to 2014 when Jack Daniel’s sent a series of cease and desist letters to the toy company. In 2018 a district court judge ruled that the toy infringed Jack Daniel’s trademarks. The dog toy made by VIP Products LLC parodies Jack Daniel’s famous bottle, replacing “Old No. 2 On Your Tennessee Carpet.”.

Cease and Desist 98

Cease and Desist Trademark Trademark Law Law 98

SpicyIP

NOVEMBER 18, 2024

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. Super Cassettes Industries Private Ltd.

Trademark 105

Trademark Cease and Desist Music Copyright 105

IPilogue

OCTOBER 19, 2021

One Brands sold a product labelled “Tough Cookies Only” which Cookie Department argued infringed on its “Tough Cookie” trademark. In response, on August 28, Hershey sent a cease-and-desist order on its Kisses trademark, which led to the September 28 lawsuit.

Cease and Desist 105

Cease and Desist Branding Branding Brands 105

IP and Legal Filings

SEPTEMBER 10, 2024

How to prevent: Seek help from a trademark attorney, who has a deep knowledge of Indian Trademark Laws. When such a situation arises, do what you can to protect your brand; whether that means taking the matter before a judge or sending out cease and desist letters.

Trademark 96

Trademark Cease and Desist Branding Branding 96

SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. Concluding Remarks.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

IP and Legal Filings

MARCH 5, 2024

Using trademarks in domain names, linking, framing, meta-tagging, and framing are a few methods that could lead to trademark challenges. Cybersquatting is another type of trademark infringement. A fundamental tenet of trademark law is to avoid consumers being confused about the origin or source of products or services.

Trademark 98

Trademark Social Media Advertising Advertising 98

Technology & Marketing Law Blog

APRIL 29, 2023

.” Most of the opinion discusses the trademark implications of Ripps’ rival NFT collection. With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. Ozimals * 17 USC 512(f) Claim Against “Twilight” Studio Survives Motion to Dismiss–Smith v.

Fair Use 105

Fair Use Cease and Desist Copyright Trademark 105

IP Tech Blog

AUGUST 17, 2022

If, instead, this were a case of trade dress infringement, the right holder would have to file a civil lawsuit under the Unfair Competition Law and prove: a) the notoriety of its product packaging/decoration, b) the infringing act, and c) the damages. 57 of the Chinese Trademark law. 57 of the Trademark Law.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

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. at 5-7, 90-91. [6] at 28-33. [8] 10] 599 U.S.

Fair Use 130

Fair Use Trademark Cease and Desist Design 130

Selvam & Selvam Blog

MARCH 28, 2022

The trademark law firmly establishes that a trademark owner reserves the exclusive right to use the trademark and enforce the same. Such groundless threats are commonly achieved by sending cease and desist letters or legal notices threatening the recipient with legal proceedings.

Cease and Desist 40

Cease and Desist Trademark Due Diligence Intellectual Property 40

The IP Law Blog

JANUARY 12, 2023

Unless a company executive is closely managing these vendors when they do their work, it would be difficult to determine whether or not they engaged in acts that may be considered infringement until the company receives a cease and desist letter.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Patent Trademark Blog

APRIL 28, 2022

US trademark rights go to the first-user. In contrast, many foreign countries give trademark rights to the first filer. US trademark law is different. What can a common law trademark owner do? Even without a registered trademark, a common law trademark owner can still have significant rights.

Trademark 52

Trademark Law Cease and Desist Registration 52

Kashishipr

NOVEMBER 2, 2022

Maintaining a Trademark Registration can indeed be challenging if you aren’t familiar with the Trademark Law. However, there exist some steps and guidelines you can take and follow to ensure your Registered Trademark remains protected and valid.

Registration 52

Registration Registering Trademarks Trademark Cease and Desist 52

LexBlog IP

OCTOBER 25, 2021

Starting in 2004 , the Company began issuing cease-and-desist letters to competitors, demanding that they prevent their search ads from appearing in response to the keyword “1-800 Contacts.” Alternatively, should trademark owners have a responsibility to aggressively protect their intellectual property?

Advertising 52

Advertising Advertising Trademark Cease and Desist 52

The IPKat

JULY 22, 2021

The ability to protect cultural works as trademarks disrupts these goals, by affording trademark owners more communication power than other speakers and preventing works from ever entering the public domain. At this stage, the picture for cultural follow-on innovation appears bleak.

Trademark 59

Trademark Public Domain Copyright Cease and Desist 59

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

To obtain trademark protection, a business must first adopt a graphically represented mark which is unique and distinguishable. Section 9(1) (c) of the Trademark Act, 1999 prohibits the registration of words used commonly. It takes years for them to get registration.

Business 52

Business Trademark Registration Cease and Desist 52

IIPRD

FEBRUARY 6, 2024

Creators need to comprehend the fundamentals of copyright law to safeguard their creations and negotiate licensing and distribution contracts with skill. Trademark Law in the Entertainment Industry When it comes to branding and selling entertainment-related goods and services, trademarks are crucial.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

LexBlog IP

MAY 24, 2023

Taco John’s registered the mark in 1989, and Gregory Hotel registered the mark for concurrent use in New Jersey in 2009 based on its common law use dating back to 1979. Taco John’s is reportedly notorious for sending cease-and-desist letters to those who use the mark. The Lanham Act, which governs U.S.

Trademark 40

Trademark Cease and Desist Registration Trademark Law 40

Traverse Legal Blog

JANUARY 17, 2025

Heres how: Monitoring Your IP Use online tools and services to track unauthorized use of your IP, such as brand monitoring software for trademarks or plagiarism detectors for copyrighted content. Regularly check marketplaces and competitors offerings for potential violations.

Intellectual Property 52

Intellectual Property Cease and Desist Confidentiality IP 52

Copyright Lately

AUGUST 2, 2022

Netflix could have sent Barlow & Bear a cease and desist letter hand-delivered by Regé-Jean Page. Unlike trademark law, copyright is not a “use it or lose it” proposition. Just as remarkable as Barlow & Bear’s success was Netflix’s response.

Music 109

Music Derivative Work Fair Use Cease and Desist 109

Corsearch

FEBRUARY 22, 2024

To be eligible for trademark protection, the mark must be distinctive, non-generic, and not already in use by another party. Learn more about distinctive trademarks. Common trademark violations Navigating the waters of trademark laws can sometimes feel like you’re trying to solve a puzzle blindfolded—confusing, right?

Brands 59

Brands Branding Branding Trademark 59

LexBlog IP

JUNE 9, 2023

Jack Daniels sent a cease and desist letter to VIP shortly after the product launched. ” 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 Branding 52

LexBlog IP

AUGUST 17, 2022

If, instead, this were a case of trade dress infringement, the right holder would have to file a civil lawsuit under the Unfair Competition Law and prove: a) the notoriety of its product packaging/decoration, b) the infringing act, and c) the damages. 57 of the Chinese Trademark law. 57 of the Trademark Law.

Trademark 52

Trademark Registering Trademarks Art Cease and Desist 52

LexBlog IP

MARCH 25, 2022

Patent owners can use it to check for potential infringers, send cease and desist letters, or seek licensing opportunities. Prior to law school, Rob conducted high energy nuclear physics research for Georgia State University and created, coded, and appropriated specialized software for local political campaigns. Contact Rob.

Inventor 52

Inventor Patent Invention Patent Application 52

LexBlog IP

JUNE 16, 2023

. (“Jack Daniels”), which owns registered trademarks for “JACK DANIELS”, “OLD NO. 2 On Your Tennessee Carpet” referencing dog urine because it infringed and tarnished its famous trademarks. . __ (2023) (No. Lemley, “Grounding Trademark Law Through Trademark Use,” 92 Iowa L.

Fair Use 52

Fair Use Cease and Desist Trademark Design 52

LexBlog IP

JUNE 16, 2023

. (“Jack Daniels”), which owns registered trademarks for “JACK DANIELS”, “OLD NO. 2 On Your Tennessee Carpet” referencing dog urine because it infringed and tarnished its famous trademarks. . __ (2023) (No. Lemley, “Grounding Trademark Law Through Trademark Use,” 92 Iowa L.

Fair Use 52

Fair Use Cease and Desist Trademark Design 52

SpicyIP

FEBRUARY 13, 2023

Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision. Delhi High Court Imposes Costs worth INR 2 Cr. on Triveni Interchem Pvt.

Design 52

Design Designs Trademark Cease and Desist 52

IPilogue

MARCH 2, 2022

On December 16th, 2021, Hermès sent a cease-and-desist letter to both OpenSea and Rothschild, notifying them of the “blatant violation of intellectual property.” Trademark Protection in the Metaverse . While trademark law has well been established for luxury fashion, the metaverse complicates existing law.

Cease and Desist 105

Cease and Desist Non-Fungible Tokens Fair Use Intellectual Property 105

The IP Law Blog

MARCH 2, 2021

10 According to Fossil, the equity courts historically required plaintiffs to establish willfulness, or its historical equivalent, to obtain a profits award in trademark disputes. But even if the Court put aside these issues, its own survey of the case law was less convincing than Fossil would have had the Court believe.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

Likelihood of Confusion

DECEMBER 29, 2024

Republished by Blog Post PromoterDiscussing trademark law blogging with a colleague last night, I was asked whether I’d written anything about the EAT MORE KALE story. Originally posted 2011-12-07 18:16:59.

Trademark 98

Trademark Blogging Trademark Law Business 98

SpicyIP

AUGUST 18, 2024

Read Yogesh Byadwal’s post explaining what the case is about and how the court interpreted “technical effect” Playing from a “Safe Distance”: Analysing the Rule, its Roots and Application in India Image by wirestock on Freepik What is the “Safe Distance” rule in trademark law and how does it apply?

Registering Trademarks 104

Registering Trademarks Trademark Cease and Desist Copyright 104

Technology & Marketing Law Blog

JUNE 21, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.

Trademark 105

Trademark Blogging Trademark Law Fair Use 105

Technology & Marketing Law Blog

NOVEMBER 27, 2023

I disagreed , and continue to think the Court will uphold the constitutionality of Section 2(c), but the question is what free speech doctrine(s) the Justices will use to make this determination and whether they will provide additional guidance on evaluating First Amendment challenges to trademark laws.

Registration 106

Registration Trademark Blogging Law 106

Technology & Marketing Law Blog

MARCH 4, 2022

This provision of the federal trademark law known as the Lanham Act is codified in 15 USC 1052.) Sections 2(a) and 2(c) both protect an individual’s right of privacy and right of publicity in trademark law by preventing the unauthorized registration of a person’s name, signature, or image.

Registration 126

Registration Blogging Trademark Privacy 126