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Navigating Trademarks in the Era of Digital-Physical Hybrid Products and Services

IP and Legal Filings

All of these bring a new dynamism with them and, inevitably, challenges–and opportunities–in the field of intellectual property, most particularly trademarks. A trademark would be the asset that holds together a brand identity for a business, ensuring that its goods or services remain differentiated from others in the marketplace.

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Abitron v. Hetronic: Extraterritorial Application of U.S. Trademark Law

Patently-O

by Dennis Crouch The Supreme Court held oral arguments on March 21, 2023 in the international trademark case of Abitron Austria GmbH v. and will be holding arguments on March 22, 2023 in the whisky dog toy trademark case of Jack Daniel’s Property v. Hetronic International, Inc. VIP Products. Image above). Although U.S.

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Facebook Faces Contributory Trademark Liability for Marketplace Listings–Car-Freshner v. Meta

Technology & Marketing Law Blog

The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines, Car-Freshner has turned into a serial plaintiff, though this is my first time blogging them in-depth. I see potential legitimate trademark defenses for the design. This ruling highlights the legal risk.

Trademark 115
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Honesty as a Defense vis-à-vis Trademark Infringements: Principle or Provision?

SpicyIP

Image from Rick Harrison, here Our readers may be aware of Section 12 in the Trademark Act 1999 which allows the registration of identical or similar trademarks by more than one proprietor in case of honest concurrent use of some special circumstances. Thereafter, Trademark Act 1999 came with Section 12 with HCU wording.

Trademark 119
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Trademark and Copyright Cases to Watch in 2023

The IP Law Blog

It’s always good to start off the year with an overview of trademark and copyright cases to watch. based remote-control maker Hetronic International sued its former European partner Abitron Austria for trademark infringement. Of course, Hetronic disagrees and contends that trademark law under the Lanham Act extends beyond U.S.

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Trademarks and the Metaverse: Imaginary Rights or Real Wrongs?

SpicyIP

Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse. In the US too, several companies are protecting their trademarks for similar goods and services. Aparajita Lath. Image from here. Application date.

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American Airlines’ Copyright Victory Is a Flight To Nowhere

Copyright Lately

But that was a sideshow to the airline’s more substantial trademark claims and allegations of consumer confusion. He dismissed American’s claims for breach of user agreement, conditions of carriage (the rules governing air travel), and tortious interference with contract, ruling they were barred by the statute of limitations.