Technology & Marketing Law Blog

MARCH 6, 2024

Any surviving services may need to be structured as marketing agencies that push all of the legal risk to the users and third-party vendors. If not, the print-on-demand industry may not be commercially viable under prevailing law. If not, the print-on-demand industry may not be commercially viable under prevailing law.

Copyright 119

Copyright Trademark Law Publishing Copyright Infringement 119

Intepat

DECEMBER 4, 2024

Introduction Trademarks serve as identifiers of the source of goods or services, traditionally encompassing logos, names, and slogans. However, as markets grow increasingly innovative, non-traditional marks have emerged, referred to as unconventional trademarks. For example, the specific shade of Tiffany & Co.’s

Trademark 52

Trademark Intellectual Property Brands Branding 52

Intepat

APRIL 25, 2025

This case highlights the complexities of trademark law in the NFT ecosystem, where artistic freedom often clashes with brand protection. The outcome underscores the importance of trademark enforcement in safeguarding brand reputation, particularly in an era where digital assets are increasingly intertwined with physical products.

IP 52

IP Brands Branding Branding 52

LexBlog IP

APRIL 17, 2023

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. The definition of the boundaries between concepts like “well-known,” “certain,” and “high reputation” are important.

Trademark Law 52

Trademark Law Trademark Law Brands 52

IP and Legal Filings

DECEMBER 17, 2024

Non-conventional or Non-Traditional trademarks such as sounds, color, shape, scent or any other motion marks have emerged as a new innovative tools widely being used in the todays changing and competitive market era that redefine how brands connect with the public at large.

Trademark 52

Trademark Brands Branding Branding 52

The IP Law Blog

MAY 27, 2021

Constellation alleges the license agreement gave it a broad license to use the name “Corona” and a broad definition of beer that covers beverages well beyond the original Corona lager. The question is whether Modelo will succeed in its quest to remove Corona Hard Seltzer from the market.

Licensing 103

Licensing Brands Branding Branding 103

43(B)log

JUNE 24, 2022

Why not have it across all consumer markets? Beebe: East German TM regime encouraged colorful packages, tried not to fall further behind in the market. Art/not art serves social, market, political purposes; in TM, ornamental/not merely ornamental requires us to be explicit about values underlying that choice.

Trademark Law 75

Trademark Law Law Trademark Registration 75

LexBlog IP

APRIL 27, 2023

We are just a few months into 2023, but we are already seeing a number of proposed changes to Chinese Trademark Law. Overall Theme and Key Takeaway It should be noted that this will be the 5 th round of major amendments to the China Trademark Law since it was first adopted in 1982.

Trademark Law 52

Trademark Law Law Trademark Intellectual Property 52

Olartemoure Blog

FEBRUARY 28, 2023

What is a trademark? There is no universal definition of a trademark, which comes as a first obstacle when attempting to unify a treaty or law on the matter for the Outer Space. Trademark In most of the countries a trademark is a symbol, word, or phrase that identifies and distinguishes a brand from others in the market.

Trademark 98

Trademark Intellectual Property Government Trademark Law 98

The IPKat

APRIL 5, 2022

For the purposes of this Law, “act of unfair competition” means that in its production or distribution activities, a business disrupts the order of market competition and causes damage to the lawful rights and interests of the other businesses or consumers, in violation of this Law.

Law 95

Law Business Marketing Marketing 95

IP and Legal Filings

AUGUST 29, 2023

Can their names be officially protected under trademark laws?At At first, it might seem a little confusing as Trademarks are like- ‘special signs’ that help us know where products or services come from. showed that the term had acquired distinctiveness through its consistent use in the market for shaving products.

Trademark 98

Trademark Trademark Law Law Advertising 98

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

More Than Your Mark

AUGUST 20, 2021

If you have invented a 3-D printed product or have a new printing process, remember to consult an intellectual property lawyer before marketing it. 3-D Printing and Copyrights, Patents, or Trademarks. Trademarks. Copyrights. Contact Norris McLaughlin About Intellectual Property Disputes Over 3-D Designs.

Intellectual Property 98

Intellectual Property Designs Design Invention 98

Technology & Marketing Law Blog

OCTOBER 17, 2022

This means the term “emoji” is generic with respect to the dictionary definitions and Emojico’s litigation empire should crumble. The trademark registrations discourage that outcome. The post If the Word “Emoji” is a Protectable Trademark, What Happens Next?–Emoji –Emoji GmbH v.

Trademark 124

Trademark Fair Use Registration Licensing 124

Kashishipr

APRIL 27, 2022

The reason why there has been a sharp increase in moving logos being incorporated as trademarks by many companies is that the contemporary market is now innovating new products with sensory and unique experiences to leave a mark on their customers and develop a distinct and novel reputation. Motion Trademarks in India.

Registration 105

Registration Trademark Brands Branding 105

Technology & Marketing Law Blog

AUGUST 5, 2022

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. Gutman’s vision for JLM’s marketing that it would be an extension of her personality.

Social Media 119

Social Media Ownership Business Brands 119

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 122

Non-Fungible Tokens Trademark Artwork Art 122

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Trademark violation raises significant issues. Cybersquatting is another type of trademark infringement.

Trademark 98

Trademark Social Media Advertising Advertising 98

IP and Legal Filings

JANUARY 11, 2024

RULES/LEGISLATIONS The idea of “Smell as a Trademark” where distinctive fragrances are used as trademarks to distinguish goods or services has emerged in recent years. The objective of these requirements is to guarantee the legitimacy of graphical representations of smell trademarks. Iconic scents like Chanel No.

Trademark 105

Trademark Intellectual Property Brands Branding 105

Traverse Legal Blog

JANUARY 26, 2021

With the legalization of various forms of marijuana in some states, products involving Cannabidiol (CBD) and hemp have been rapidly entering the market, and businesses are seeking to protect their brands in this growing market. delta-9 tetrahydrocannabinol (THC) on a dry-weight basis to no longer be controlled substances under the CSA.

Trademark 97

Trademark Registration Brands Branding 97

Kashishipr

JANUARY 12, 2022

Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection. Why Take the Trademark Route? The trademark utilizing the hashtag must be distinctive in nature. What’s in a #Hashtag?

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

IP and Legal Filings

JULY 11, 2024

This entails collection of all FileInfo(s) of the mark which includes a written definition of the mark through the proprietor, a written specification of the goods or services to be rendered associated with the mark, and the grounds for filing the mark, use in commerce or bona fide intention to use in commerce in the United States.

Registration 98

Registration Trademark Reporting Government 98

The IP Law Blog

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose. on a dry weight basis.”

Trademark 52

Trademark Law Brands Branding 52

IP and Legal Filings

FEBRUARY 4, 2022

Introduction: The concept of comparing and considering a trademark in its entirety is a well-established tenet in trademark law. When a trademark is registered, it provides protection to the mark as a whole, even if it is a composite trademark with numerous aspects in it. ” Judgment.

Registration 93

Registration Trademark Trademark Law Marketing 93

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

JIPL Online

FEBRUARY 26, 2021

com” at after a generic word, “Booking,” still makes “Booking.com” generic within traditional trademark law [xiv] and (2) the fact consumer identify “Booking.com” doesn’t change the fact that it is still generic and thus ineligible for trademark registration. [xv] at 2304 (2020) (describing the definition of a “generic” term).

Trademark 98

Trademark Registration Trademark Law Advertising 98

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

LexBlog IP

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” ” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose.

Trademark 52

Trademark Law Brands Branding 52

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. An Update on PhoneDog v.

Social Media 98

Social Media Contracts Ownership Business 98

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 98

Trademark Registration Intellectual Property Intellectual Property Law 98

IP and Legal Filings

FEBRUARY 17, 2022

Unfortunately, copyright and trademark law do not provide particular protection for these characters, who, more often than not, exceed their original works to become well-known of their own. the effect of the use on the copyrighted work’s potential market for or value. In United Feature Syndicate, Inc. Koons , 817 F.

Fair Use 94

Fair Use Copyright Television Copying 94

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 Brands 72

IP and Legal Filings

SEPTEMBER 8, 2023

Taking ‘odour’ as the basic constituent, plain elucidation of the chemical substance used would not be sufficient or lets say is not an acceptable standard for registering as a trademark. dissimilarity between the existing marks either in terms of shape, size, color, picture serves the essentials of a trademark.

Trademark 52

Trademark Registration Marketing Marketing 52

Intepat

OCTOBER 28, 2024

This article explores the limitations on the use of political party symbols in India, examining relevant case laws and principles under intellectual property law. Political Party Symbols: Definition and Legal Framework Political party symbols encompass any insignia, emblems, flags, seals, or names associated with a political party.

Intellectual Property 52

Intellectual Property Intellectual Property Law Trademark Registration 52

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

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.” Justice Breyer analogized a mistake of law (such as the definition of “single unit of publication”) to a mistake of labelling. Factual and Procedural Background. The post U.S.

Registration 98

Registration Blogging Copyright Designs 98

IIPRD

JUNE 8, 2024

A thriving market for knockoffs has resulted from influencers’ endorsement of more reasonably priced alternatives to high-end products. However, the protection of fashion designs by trademark law is not perfected. Most of the people are not even aware of such laws in place and hence legal awareness is the need of the hour.

Intellectual Property 52

Intellectual Property Designs Design Brands 52