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.

Trademark 59

Trademark Registration Branding Brands 59

Technology & Marketing Law Blog

OCTOBER 19, 2021

The Kremen case involved the alleged theft of the sex.com domain name by improperly modifying the electronic records evidencing ownership of the domain name. Website owners can prevent the unauthorized reassignment of their ownership interests, such as someone trying to modify their copyright registration records.

Licensing 91

Licensing Copyright Contracts Advertising 91

Technology & Marketing Law Blog

MAY 30, 2023

Accordingly, the court preliminarily enjoins the Owocs from posting to the accounts until ownership is definitively adjudicated. You can see how social media account ownership issues are intractable when companies embrace “cults of personality” around a charismatic entrepreneur. That May Be a Problem–La Baguette v.

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

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 112

IP Copyright Trademark Intellectual Property 112

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

SpicyIP

JANUARY 2, 2022

Google argued that even when the keyword is a trademark, it is never used in a ‘trademark sense’, thereby the invisible use of trademarks, as keyword, failing to meet the threshold to constitute infringement. Recognition of non-human inventors, AI and its implications for India.

IP 136

IP Intellectual Property Copyright Trademark 136

Technology & Marketing Law Blog

JANUARY 28, 2022

This is a lawsuit between a wedding gown company, JLM, and Hayley Paige Gutman, a designer/influencer who worked for JLM. For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”. This was erroneous.

Social Media 92

Social Media Ownership Contracts Privacy 92

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

43(B)log

OCTOBER 4, 2021

But even if the n-word isn’t unregistrable because it’s scandalous or disparaging, it may still be unregistrable because it already has so much expressive meaning that it’s simply incapable of adding a trademark function. failure to function can be significant in ordinary cases with uncontroversial subject matter.

IP 94

IP Trademark Advertising Advertising 94