IP and Legal Filings

DECEMBER 20, 2024

However, it provides both good challenges and opportunities under trademark law. The blog covers how trademarks evolve in the era of social media and influencer marketing, analyzing legal uncertainties, protection mechanisms, and best practices for commercial usage. It has also brought a lot of challenges.

Social Media 82

Social Media Trademark Branding Branding 82

SpicyIP

MAY 18, 2022

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.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

IP and Legal Filings

JULY 11, 2024

INTRODUCTION In the United States as well as in India, application for a trademark may be rejected for several different reasons. GENERAL REFUSAL REASONS FOR A TRADEMARK Likelihood of Confusion: The first reason for refusal is that it is often considered that the use of the trademark will lead to confusion with similar trademarks.

Registration 100

Registration Trademark Copyright Intellectual Property 100

IP and Legal Filings

JULY 9, 2024

INTRODUCTION A trademark can be registered for the purpose of securing diverse graphic and non-graphic unique symbols and indicia to distinguish the products or services of a trader from that of others. This article discusses the domain of trademark registration, which is useful for businesses and individuals in order to protect their brand.

Trademark 91

Trademark Registration Branding Branding 91

Kashishipr

MAY 4, 2022

Trademarks provide multiple crucial advantages to businesses and customers alike. Trademarks also carry all the image and reputation a brand builds over the years. Furthermore, inconsistent or improper use of a trademark can obstruct its owner’s ability to enforce the trademark rights in a given brand.

Social Media 105

Social Media Trademark Cease and Desist Registering Trademarks 105

IP and Legal Filings

OCTOBER 30, 2022

trademark and patent registrations will not protect rights holders’ IP in the Philippines. The Philippines Intellectual Property Office (IPOPHL) maintains a registry of patents and trademarks that is widely recognized in Southeast Asia. A trademark applicant may be a natural or juridical person. For example, U.S.

Trademark 95

Trademark Intellectual Property Registration IP 95

Kashishipr

MARCH 2, 2022

What happens after you get your mark registered as a trademark? Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Furthermore, it will also never enforce your trademark rights on your behalf.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

Intepat

JUNE 13, 2024

Introduction Design piracy, particularly in the context of registered designs, poses significant challenges in today’s industrial landscape. According to the Indian Design Act of 2000, only those designs that are functional or used as artistic or property marks are not eligible for protection.

Designs 52

Designs Design Branding Branding 52

IP and Legal Filings

FEBRUARY 7, 2023

This demonstrates the succinctness and simplicity of the Metaverse’s trademarking mechanism. Their rights will be protected thanks to the metaverse brands’ trademarks. By deterring rip offs, trademarks safeguard a company’s identity and the repute of its brand(s), especially in the Metaverse.

Trademark 93

Trademark Non-Fungible Tokens Branding Branding 93

IP and Legal Filings

OCTOBER 30, 2023

Barbie, a name synonymous with an unattainable standard of femininity and the concept of commercial feminism, was designed to captivate the toy market with all its glittery pink magnificence. Hence, it is no wonder that the battle for ownership of her trademark is also highly sought after.

Trademark 94

Trademark Branding Branding Brands 94

Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. The court explains: They describe steps in the process of fashion design and capture much (if not all) of the creative output that Gutman might produce in her role as a designer.

Social Media 105

Social Media Ownership Designs Design 105

IPilogue

JUNE 21, 2022

sued StockX LLC for trademark infringement, false designation of origin, trademark dilution, and related causes. This case has the potential to define the scope of trademark rights against unauthorized uses in the world of NFTs. On February 3 rd 2022 Nike Inc. These issues are novel in their involving the metaverse.

Non-Fungible Tokens 116

Non-Fungible Tokens Ownership False Advertising Fair Use 116

LexBlog IP

MAY 3, 2022

Like the United States, China offers protection for 2D and 3D designs of products and packaging, which is often known by U.S. Before diving into details, the chart below illustrates how 2D and 3D designs are protected as different IP rights in China. Protection of 2D Designs. Protection of 3D Designs. Trademark.

Designs 52

Designs Design Trademark Intellectual Property 52

Kashishipr

APRIL 13, 2022

With the Metaverse and Non-Fungible Tokens (NFTs) being the common buzzwords as of late, the USPTO (US Patent & Trademark Office) has been experiencing a significant rise in the number of Trademark Applications filed in the virtual sphere to safeguard the products and services.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116

LexBlog IP

DECEMBER 26, 2023

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively.

Designs 52

Designs Design Trademark Copyright 52

IP Tech Blog

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. Can other IP rights like trademarks play a role in protecting NFTs? Use in commerce and distinctiveness are two basic requirements to obtain trademark protection.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Olartemoure Blog

JANUARY 11, 2024

Tokenization refers to the process of creating digital tokens that represent ownership of an asset. The assets can be physical or digital, and tokenization allows for fractional ownership of assets, making it easier for investors to buy and sell them. However, they are often illiquid and difficult to monetize.

IP 104

IP Ownership Intellectual Property Licensing 104

Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. The district court initially punted on the ownership question. We blogged this case twice before. While it was true that the accounts were imbued with aspects of Ms.

Social Media 119

Social Media Ownership Business Branding 119

Intepat

DECEMBER 6, 2022

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. There have been various landmark judgements which have not only highlighted cardinal principles of trademark law but have also given a nuanced understanding of how Courts interpret statutory trademark provisions.

Trademark 98

Trademark Trademark Law Registering Trademarks Law 98

43(B)log

AUGUST 11, 2022

A business code communicating within a community designed to be closed. The Right to Speak a Brand: Rethinking the Interaction Between Trademarks and Speech in the Age of Expressive Branding Alvaro Fernandez-Mora Tweak of original mark to convey parody/comment: adictas three cocaine stripes v. It didn’t develop organically.

Ownership 80

Ownership Moral Rights Copyright Branding 80

IP Law 360

JANUARY 17, 2024

The Second Circuit partially revived a trademark suit on Wednesday against a "Say Yes to the Dress" bridal designer, vacating a lower court's order modification giving JLM Couture sole ownership of social media accounts created by the designer after finding ownership of the accounts wasn't properly assessed.

Social Media 40

Social Media Ownership Designs Design 40

TorrentFreak

APRIL 12, 2022

Company Claims Ownership of ‘Reloaded’ Trademark. In a complaint filed this month in an Indiana court, clothing and apparel company NuStar Enterprises LLC states that since September 2016, it has continually used the ‘Reloaded’ trademark in commerce. Trademark Registration No.

Branding 138

Branding Branding Brands Trademark 138

Indiana Intellectual Property Law

APRIL 26, 2024

has been accused of trademark infringement in a lawsuit filed by Pennsylvania -based Global Trademarks Inc. The lawsuit alleges that certain swimsuits marketed by FullBeauty Brands and affiliated entities bear a striking resemblance to designs owned by competitors. Indianapolis, Indiana – FullBeauty Brands Inc.

Branding 52

Branding Branding Brands Trademark 52

Traverse Legal Blog

MARCH 8, 2022

In this video, we will also examine the legal strategies each project got right on trademark registration and copyright licensing. What Is A Trademark & How Does It Impact NFT Drops? A trademark can be any word or phrase symbol design combination of things that identifies your goods and services in the marketplace.

Non-Fungible Tokens 131

Non-Fungible Tokens Artwork Licensing Branding 131

IP and Legal Filings

DECEMBER 16, 2024

The fashion industry sector extends beyond simple trademarks, such as logos or brand names, but rather includes characteristics, including colour palettes, product forms, or even the structure of physical store spaces. WHAT IS TRADE DRESS?

Branding 74

Branding Branding Brands Designs 74

43(B)log

AUGUST 4, 2021

If your whole service is designed so that content can be transmitted to people, then hard to deny knowledge that it will get transmitted. McKenna, Trademark Spaces There is a space on a product where TMs go—on the back of a computer in the center, as a logo on clothing. Sometimes hard to tell whether something is a design or a brand.

Copyright 90

Copyright Trademark Copying Fair Use 90

Plagiarism Today

OCTOBER 27, 2021

Yesterday, we looked at the myriad of ways that copyright and trademark impact Halloween costumes. Also, many have design errors due to their age. As Halloween grows both more popular and more lucrative, battles over authorship and ownership are only going to become more common.

Plagiarism 223

Plagiarism Copyright Public Domain Copyright Infringement 223

43(B)log

FEBRUARY 3, 2023

Christine Farley, Authenticity and Design: Why sell a chair for 10x a visually identical chair? Sometimes the replication is exact; design claimants say they’re made with cheaper materials and practices, but midcentury modern design aimed for cheapness and access: the idea that more people can have it now would be a good not a bad.

Designs 59

Designs Design Design Patent Branding 59

The IP Law Blog

FEBRUARY 17, 2022

In what could be one of the biggest NFT cases to arise so far, Nike has sued resale marketplace StockX for trademark infringement in the Southern District of New York, claiming that StockX is selling NFTs that display Nike’s trademarks without Nike’s permission. It will be interesting to see how this plays out.

Ownership 98

Ownership Intellectual Property Trademark Branding 98

IPilogue

JUNE 23, 2022

Retired Nicklaus now heads his golf course design and construction company, Nicklaus Designs. The IP rights and activities related to both Nicklaus as a person and his golf course design and construction activities made the deal worth more than $145 million.

Contracts 119

Contracts Designs Design IP 119

IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The players can collect up to 30 NFTs in the game, 10 of which are designed by the artist Beeple [i].

Law 95

Law Branding Branding Brands 95

Technology & Marketing Law Blog

MARCH 8, 2024

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money.

Trademark Law 111

Trademark Law Trademark IP Blogging 111

Intepat

MAY 24, 2023

TYPES OF IP CONTRACTS (1)INTELLECTUAL PROPERTY ASSIGNMENT AGREEMENT The process of facilitating the transfer of ownership rights for various forms of intellectual property, such as copyrights, trademarks, patent, trade secrets, and other intangible creations is known as an intellectual property assignment.

Intellectual Property 98

Intellectual Property Contracts Ownership Invention 98

Garrigues Blog

MARCH 2, 2023

The Madrid System to register international trademarks is governed by the Madrid Agreement (1891) and the Madrid Protocol (1989) and is administered by the World Intellectual Property Organization(WIPO) located in Geneva, Switzerland. For example, a Spanish trademark can be used to seek protection in the US, Australia, Israel and Malaysia.

Trademark 52

Trademark Registration Designs Design 52

Technology & Marketing Law Blog

AUGUST 8, 2021

The Television Academies sued Goodman for copyright infringement, trademark infringement and dilution, and defamation. Trademark Dilution. The Crony graphic doesn’t qualify for the “parody” exclusion to trademark dilution. Trademark Infringement. Multimedia System Design , 2021 WL 3271829 (S.D.N.Y.

Fair Use 135

Fair Use Television Cease and Desist Copyright 135

TorrentFreak

JULY 14, 2022

Earlier this year, the RIAA went after NFT marketplace HitPiece, describing it as a scam site designed to lead fans to believe that they had bought artist-endorsed collectibles. “The ENS domain names […] infringe RIAA’s or our members’ trademarks, as they cause dilution, confusion, and/or tarnishment of these trademarks.

Music 141

Music Branding Branding Brands 141

Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. Trademark rights can be even more confusing to navigate in the world of NFTs. Copyrighting vs Trademarking NFTs.

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49