IP and Legal Filings

NOVEMBER 23, 2024

Why do trademarks matter in corporate strategy? A trademark is, by definition, a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. [1]. Intellectual property rights protect trademarks. It gives the respective companies a competitive edge in a saturated market.

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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.

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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.

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Trademark Law Law Trademark Intellectual Property 52

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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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Trademark Intellectual Property Branding Brands 105

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.

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Non-Fungible Tokens Trademark Artwork Art 122

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.); Christou v.

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Social Media Ownership Marketing Marketing 98

TorrentFreak

JANUARY 5, 2024

Streaming News and Reviews Reaching out to a South American audience, Hollogram TV launched in 2019 and today covers all aspects of the streaming market. Trademark Infringement Markscan is currently filing seemingly endless requests on behalf of Plex against huge numbers of URLs, requesting deindexing from Google search under trademark law.

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Technology & Marketing Law Blog

SEPTEMBER 28, 2021

.” Clearly, the second part of that definition targets Amazon and other major marketplaces, such as eBay, Walmart Marketplace, and Etsy. The first part of the definition includes services with “publicly interactive features that allow for arranging the sale or purchase of goods.” Lack of State Preemption.

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Trademark False Advertising Advertising Advertising 144

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

” This definition of a service is an obvious tautology, and it’s also obviously in tension with the First Amendment. So by the time the court says “the parties are vying for users in the same ‘market,'” you know that the judge has lost the thread. ” So why wasn’t that dispositive?

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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.

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Fair Use Cease and Desist Copyright Trademark 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.

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Trademark Registration Branding Brands 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?

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Trademark Registration Registering Trademarks Social Media 105

IP and Legal Filings

DECEMBER 20, 2024

Across-the-board social media and influencer marketing integration are aspects of the present-day artificiality regarding persuasive brand dissemination in faces and identities. However, it provides both good challenges and opportunities under trademark law. Therefore, a brand can be registered in the U.S.

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Social Media Trademark Branding Brands 52

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

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Trademark Intellectual Property Branding Brands 52

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.

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Technology & Marketing Law Blog

JANUARY 8, 2024

The trademark owner argued that the customers may have been directed via initial interest confusion to the rival website. The court says there can’t be MULTIPLE instances of INITIAL interest confusion: By definition, initial interest confusion is “confusion that creates initial customer interest.”

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Technology & Marketing Law Blog

OCTOBER 9, 2024

” This definition is typically terrible. ” This definition is typically terrible. Warby Parker appeared first on Technology & Marketing Law Blog. The initial interest confusion doctrine was largely moribud in the 2010s, but it’s been reinvigorated in the Fifth and Eighth Circuits in the 2020s.

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Advertising Advertising Trademark False Advertising 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.”

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Trademark Law Branding 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.

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Trademark Branding Brands Branding 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.

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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).

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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.

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IP Intellectual Property Social Media Cease and Desist 98

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.

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Registration Trademark Trademark Law Marketing 85

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.

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Trademark Law Branding Brands 52

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.

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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.

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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]

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Trademark Registration Intellectual Property Intellectual Property Law 98

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.

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