IP Tech Blog

AUGUST 17, 2022

The case was adjudicated in 2022 by the Weihai Market Supervision and Administration Bureau of Shandong Province in favor of Tsingtao Brewery and has been selected as a model trademark enforcement case by the State Administration for Market Regulation. Is this however a case of trademark infringement? Tsingtao’s choice.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” Gutman’s personality and personal life, these were part of the overall marketing strategy for JLM.

Social Media 101

Social Media Ownership Branding Brands 101

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. Of the efficacious four, three were based exclusively on trademark rights, not copyright.

Fair Use 99

Fair Use Cease and Desist Copyright Trademark 99

IIPRD

JUNE 14, 2021

Piracy and Fashion Design. Piracy may be defined as the unauthorized and illegal reproduction or distribution of materials protected by copyright, patent, or trademark law which is capable of eating up the whole industry slowly and steadily. Protection under the Designs Act, 2000. Iqbal Singh Chawla&Ors. ,

Intellectual Property 40

Intellectual Property Artistic Work Designs Design 40

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.

Trademark 59

Trademark Registration Branding Brands 59

SpicyIP

MAY 18, 2022

The definition of these terms is unclear. The term ‘digital product’ has been used in certain laws but the term itself has not been defined. Since this is a nascent market, the earlier a name is registered and the more effort trademark holders put into educating the public about selection, endorsement and sponsorship functions (e.g.

Non-Fungible Tokens 108

Non-Fungible Tokens Trademark Artwork Art 108

IIPRD

OCTOBER 14, 2022

Even though traditional banks continue to command the financial market by offering standard operations such as payments, deposits, and credit; they need to understand that now, they are not the only players. As of the current time, there is no prescribed definition of this terminology. INTRODUCTION. WHAT IS A FINTECH.

Intellectual Property 52

Intellectual Property Confidentiality Copyright Technology 52

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. Instead of protecting consumers, this bill gives trademark owners absolute control over online marketplaces by overturning Tiffany v.

Trademark 138

Trademark False Advertising Advertising Advertising 138

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

” I’ll focus on the false designation of origin claim regarding Troia’s keyword ads. Troia claimed that he did not use the LoanStreet trademark in commerce. ” This definition of a service is an obvious tautology, and it’s also obviously in tension with the First Amendment. –LoanStreet v.

False Advertising 100

False Advertising Advertising Advertising Trademark 100

IP and Legal Filings

AUGUST 11, 2023

THE THREE STAGES OF INQUIRY A trademark is a mark capable of being graphically represented and it can distinguish the goods and services of one person from another person. [5] 5] So, the three qualifications of a trademark are: it is a mark, it is graphically represented, and it has the ability to distinguish itself. [6]

Trademark 83

Trademark Registration Intellectual Property Intellectual Property Law 83

Technology & Marketing Law Blog

MARCH 10, 2022

What about employee social media laws? Maryland enacted a social media privacy law in 2021. As with other such laws, this law struggles with definitions. Washington State’s Proposed Employer Social Media Law: The Legislature Should Take a Cautious Approach — SB 5211. SF Design Group. Christou v.

Social Media 82

Social Media Contracts Ownership Business 82

Kashishipr

MAY 11, 2022

A trademark refers to a recognizable expression, design, or sign uniquely identifying the products or services of a specific source and differentiating them from those of others. A trademark may be located on the packaging, voucher, label, or the product itself. Law on Color Trademarks in India.

Trademark Law 105

Trademark Law Trademark Law Branding 105

43(B)log

FEBRUARY 19, 2022

Gripers and Political Critics Cases involving criticism of ordinary commercial actors provide a fascinating contrast to both noncommercial speech sold in the market and to political and religious conflicts. The 9th Circuit in Bosley v. Kremer, the 4th in Radiance Foundation v.

Trademark Law 72

Trademark Law Trademark Art Branding 72

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. That doesn’t mean that 43(a) couldn’t go beyond classic trademark protection. But what is TM use? of Ala, LV v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

Technology & Marketing Law Blog

OCTOBER 19, 2021

Nor could Google place ads in Plaintiffs’ marketing brochures or superimpose ads on top of Plaintiffs’ print advertisements without Plaintiffs’ permission and without paying Plaintiffs’ price. Plus, let’s not lose sight of the users’ agency–they are the ones responding to the marketing signals. First Amendment.

Licensing 91

Licensing Copyright Contracts Advertising 91

43(B)log

JUNE 24, 2022

Other IP rights: utility patent creates presumption of functionality; wonders about whether presence of non-TM IP protection for ornamental features—design patent, ©--might create a presumption of mere ornamentality w/o further evidence of source signification. Every figurative TM will be protected by ©/design, built into the system.

Trademark Law 75

Trademark Law Law Trademark Registration 75

Technology & Marketing Law Blog

MAY 30, 2023

The employee-protection social media laws have mostly faded from memory, but they did not resolve when a social media account was the employer’s or employee’s. A decade late, we are still waiting for the case law to answer that question. bangenergy.ceo; @bangenergy.careers; @bang_merch; etc.);

Social Media 82

Social Media Ownership Marketing Marketing 82

Technology & Marketing Law Blog

JULY 17, 2023

In addition, the opinion has important ramifications for domestic trademark law through its identification of “use in commerce” as the actionable domestic conduct. Now in trademark law, extraterritorial reach is a simple on-off switch: Is there use in commerce or not?

Blogging 71

Blogging Trademark Litigation Law 71

LexBlog IP

APRIL 12, 2023

I briefly mentioned Abitron here recently , but it deserves more attention in the context of defining the boundaries of US trademark laws and just on the notion of defining words. ” But there are counterarguments to the suggestion that the law would only have been concerned with uses in domestic commerce. Vitronics Corp.

Law 52

Law IP Intellectual Property Copyright 52

Garrigues Blog

MAY 25, 2022

Can a company monopolize a certain way of presenting its articles to the market without having a recognized exclusive right? In an exception to this general principle, however, the ability to freely imitate the offerings of competitors in the market may be restricted if an exclusive right is held.

Law 52

Law Marketing Marketing Business 52

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. If a company conducts business internationally, it may have to adhere to the privacy laws of foreign countries. After looking at all known IP assets, look into what may be unknown.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

IIPRD

JANUARY 21, 2022

According to the current trend, any new product which is being launched in the market has some sort of distinct packaging as it is considered imperative for the purposes of distinguishing their products from others and it also helps in attracting a larger customer base. Introduction. Scope for Protection of Trade Dress in India.

Branding 40

Branding Brands Branding Trademark Law 40

IP and Legal Filings

AUGUST 3, 2023

Marks consisting of designs or patterns may also be rejected as a failure to function. When a trademark is rejected primarily because it is decorative or ornamental, and lacks the ability to function as a source identifier, it is called an ornamental refusal. It may be rejected for being a mere graphic representation of the product.

Registration 52

Registration Branding Brands Branding 52

SpicyIP

JANUARY 2, 2024

M P Ram Mohan is a Professor in the Strategy Area at the Indian Institute of Management Ahmedabad and Aditya Gupta is a lawyer by training and is presently working on issues that fall at the intersection of IP law, freedom of expression, and business strategy. 8(b) and “scandalous marks (S.

Trademark 59

Trademark Law Trademark Law Registration 59

Corsearch

AUGUST 30, 2023

A trademark which is a combination of a word mark and a figurative mark, for example a text with a particular design (logotype), or the combination of a logotype and and a logo. What is a common-law trademark? The common-law tort against trademarks (registered or not) is called passing off. E What is EUIPO?

Trademark 52

Trademark Registration Registering Trademarks Designs 52

Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” A Google search turns up three different pairs of designs with differing degrees of similarity. that the confined designs may have been “reserved” at a later time).

Registration 79

Registration Blogging Copyright Designs 79

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

IP 112

IP Copyright Trademark Intellectual Property 112

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. In addition, the design of the title of the 2013 Documentary was allegedly similar to plaintiffs’ registered 12 O’Clock Boyz logo.

Fair Use 52

Fair Use Trademark Copyright Editing 52

IP and Legal Filings

FEBRUARY 20, 2024

” Dark patterns are deceptive tactics or design patterns that impair people’s autonomy, decision-making, or choice to force them to do something. However, it may be more appropriate to consider trademark law as a comparable framework for comprehending the extent of the personality right. L., & Lemley, M.

Personality Rights 64

Personality Rights Privacy Social Media Copyright 64

LexBlog IP

SEPTEMBER 29, 2022

They are marketed through different, yet related, channels of trade (sports and entertainment, which were melded together as ESPN’s original name ). So, there you go—Metro-Goldin-Mayer and Pennsylvania State University are two different entities each associated with a distinctive roar connected to their institution.

Trademark 52

Trademark Registration Music Intellectual Property 52

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. The Court held that the use of the Google Ads program undisputedly qualifies as advertising, which falls under Indian trademark law.

IP 136

IP Intellectual Property Copyright Trademark 136

IIPRD

JUNE 8, 2024

Abstract In the dynamic realm of the fashion industry, the saying ‘following in someone’s footsteps’ takes on a new dimension, where the replication of designs is not a mere stride but a strategic dance. At this stage, it is pertinent to mention the difference between a knockoff [1] and a counterfeit [2].

Intellectual Property 52

Intellectual Property Designs Design Branding 52

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 101

Trademark Blogging Trademark Law Fair Use 101

43(B)log

FEBRUARY 3, 2023

We can make things excludable through tech and law, making things that previously looked like public goods providable by private markets. Book project: how do we reconcile that with our intuitions about markets and distributive justice? A few say that you can’t use marketing messages other than what they approve.

False Advertising 45

False Advertising Trademark Advertising Advertising 45

43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? PTO very occasionally recognizes this—weave pattern for Bottega Veneta, looked at the definition of the mark and said no one would notice the millimeter width of the weave. It’s text and not design so we don’t call it ornamentality.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

LexBlog IP

FEBRUARY 16, 2023

On January 13, the China National Intellectual Property Administration (CNIPA) circulated a draft amendment to the PRC Trademark Law for public comment (“TML Draft Amendment”). It includes the addition of 23 new articles, as well as organizational or substantive revisions to 51 articles of the current Trademark Law.

Trademark Law 40

Trademark Law Trademark Law Registering Trademarks 40

43(B)log

NOVEMBER 8, 2023

Trademark: In Jack Daniel’s v. VIP Products, the Court held that it did not need to apply or even decide the validity of a speech-protective limit on trademark law designed to prevent trademark owners from shutting down expressive works that comment on trademarks, known as the Rogers test.

False Advertising 75

False Advertising Advertising Advertising Trademark 75