Technology & Marketing Law Blog

SEPTEMBER 23, 2021

.” With respect to policy, the majority goes property-absolutist: “Because state property rights can facilitate market exchange, interpreting the § 230(e)(2) limitation to include state intellectual property laws tracks Congress’s pro-free-market goal.” Facebook , Nos.

Intellectual Property 144

Intellectual Property Trademark Marketing Marketing 144

Chicago IP

FEBRUARY 28, 2022

The Intellectual Property Law Association of Chicago (IPLAC) Creator of the Year Committee is seeking nominations for its 2022 Creator of the Year Award. Trademark Law: A powerful branding program that combines a strong trademark or service mark and a memorable advertising and marketing campaign.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Service Mark Invention 52

IP and Legal Filings

DECEMBER 17, 2024

Abstract In the changing landscape of intellectual property law, Trademarks have gone beyond the traditionally used symbols, names, logos to enhance the non-traditional identifiers. The significance of these non-conventional trademarks lies in the introduction of the innovative branding concepts.

Trademark 52

Trademark Branding Branding Brands 52

Kashishipr

MARCH 2, 2022

Therefore, even after a trademark office grants you your exclusive trademark rights, you must do your part to safeguard such rights well. No trademark office across the globe will ever keep a watch on the market for unauthorized use of your Registered Trademark. Non-Use of a Registered Trademark.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

IP and Legal Filings

SEPTEMBER 12, 2024

The judgment made budget retailers realize the price they must pay for imitating established brands and stressed the virtue of originality in design, even within the lower end of the market. [3] The rulings, in turn, drove home that mere association is not sufficient to support a finding of trademark infringement or dilution.

Branding 98

Branding Brands Branding Trademark 98

IP and Legal Filings

MAY 17, 2024

There are no separate legal provisions for these rights and they have been included under the existing Intellectual Property laws. In this technologically advanced age, success or failure of a business depends heavily on the marketing strategies that have been adopted. In Amitabh Bhachchan v.

Personality Rights 97

Personality Rights Intellectual Property Social Media Intellectual Property Law 97

IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. Intellectual property rights are a key consideration when it comes to NFTs because they contain art, music, videos, pictures, and other creations. Image source: iStock].

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

The IPKat

DECEMBER 23, 2023

But don’t stop reading if your passion lies along other branches of IP law, because this volume has plenty to say about copyright, trademarks, and more. Long before the Plant Patent Act of 1930 , the booming market for seeds in nineteenth century America brought with it a proliferation of "thieves of names and novelties."

Intellectual Property 75

Intellectual Property Designs Design Intellectual Property Law 75

Kashishipr

AUGUST 25, 2021

A critical issue to be addressed is whether these limited-edition products can get protection under Intellectual Property (IP) law, just as regular products do, and if yes, then which is the most appropriate form of IP Protection ? Protection for Limited Edition Products under Trademark Law.

Editing 105

Editing Law IP Designs 105

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 Branding Branding 105

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.

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Trademark Social Media Advertising Advertising 98

SpicyIP

SEPTEMBER 16, 2024

Mehnaz is a recent law graduate from Aligarh Muslim University Centre Malappuram. She is passionate about Intellectual Property Laws and is interested in pursuing a career in the corporate sector. Image of the competing labels taken from the order here. But before we get to discussing this, a bit of a background.

Trademark Law 81

Trademark Law Intellectual Property Registration IP 81

Kashishipr

NOVEMBER 3, 2021

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. Simply put, trademark genericization is the death of the mark as it no longer acts as a source indicator of the brand owner.

Trademark 105

Trademark Branding Branding Brands 105

LexBlog IP

FEBRUARY 28, 2022

The Intellectual Property Law Association of Chicago (IPLAC) Creator of the Year Committee is seeking nominations for its 2022 Creator of the Year Award. Trademark Law: A powerful branding program that combines a strong trademark or service mark and a memorable advertising and marketing campaign.

Intellectual Property Law 40

Intellectual Property Law Intellectual Property Service Mark Invention 40

Kashishipr

SEPTEMBER 8, 2021

We know that brands try to make their trademarks as unique and distinctive as possible to attain the highest level of protection under the Trademark Law. ’ Common or generic terms are usually not protected under trademark law. ’ How are then these common words registered as a trademark?

Trademark 105

Trademark Registration Branding Branding 105

SpicyIP

SEPTEMBER 28, 2023

We are pleased to bring to you a guest post by Naman Keswani on the concept of naked licensing within trademarks law. Naman is a fourth-year student at the Hidayatullah National Law University, Raipur who has a keen interest in Intellectual Property Law, especially Trademark Law.

Licensing 105

Licensing Registration Trademark Trademark Law 105

Kashishipr

AUGUST 18, 2021

Brought into commerce since the purchasing audience recognizes the common features of the many marks and contemplates that the goods or services originate from a common trademark owner. Therefore, the adoption of a series of marks to commercially market goods and services would not suffice the creation of a family of marks.

Trademark 105

Trademark Registration Branding Branding 105

IP and Legal Filings

AUGUST 11, 2023

19] Being able to distinguish one’s trademark falls at the centre of the trademark law, as otherwise, it is liable to be rejected under Section 9(1) of the Act. Sowmya Krishnan, Registrability of non-traditional trademarks: A critical analysis , 6 IJRAR 914, 916 (2019). Brandon & Co. [23] 24] (emphasis supplied).

Trademark 98

Trademark Registration Intellectual Property Intellectual Property Law 98

Kashishipr

JUNE 4, 2021

The relatively new advent allows the marketers to put the barcodes on several different items and allow smartphone users to scan them and discover more information. Can we Trademark QR Codes? Thus, the sign cannot be used to distinguish goods or services in the market.

Trademark 97

Trademark Intellectual Property Registration Trademark Law 97

IP and Legal Filings

DECEMBER 13, 2024

As such a proprietary right is granted by way of registration of a trademark, whereby the owner of the mark or other parties granted a license to use the brand has the exclusive right to use it for the purpose of making money. General Mills Marketing Inc., Sanjay Jain , resolved some challenging issues in Trademark Law.

Trademark 98

Trademark Branding Branding Brands 98

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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Registration Trademark Branding Branding 105

IIPRD

OCTOBER 28, 2023

Some classic examples of catchphrases in the commercial market include Nike’s “Just Do It,” KFC’s “Finger Lickin’ Good,” Thums Up’s “Taste the Thunder,” Redbull’s “Give you Wings,” among others. A trademark is a marketing tool, valid in India for ten years once granted and can be renewed further.

Copyright Law 59

Copyright Law Branding Branding Brands 59

IP and Legal Filings

JUNE 12, 2023

Although word marks are by far the most popular tool employed by organisations in this industry, there are numerous other unused tools that can give a competitive edge in the market. References Intellectual Property Law | Color Trademarks: What Protection Can They Have?,

IP 98

IP Intellectual Property Trademark Designs 98

LexBlog IP

OCTOBER 3, 2023

Of those, inventors who make board games often go straight to patent filings and forget about the trademark analysis. This article considers a sub-category of trademark law that allows for some interesting board game protection. Trademark law is meant to protect a company’s branding. OR- How about this car.

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Trademark Intellectual Property Intellectual Property Law Inventor 52

Kashishipr

DECEMBER 15, 2021

For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. In simple terms, the shape must be highly recognizable, noticeably distinct from other products in the market, and offer a clear indication of the origin of the product. Registration took two years.

Trademark 105

Trademark Intellectual Property Registration Designs 105

Kashishipr

SEPTEMBER 20, 2021

Since then, it has been continuously used and has even acquired reputation and goodwill in the market. On the other hand, the Trademark Law allows two or more registered owners or concurrent users of similar marks. When SSPL was incorporated in 2004, SK Oil Industries had assigned it the label’s copyright.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

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? What’s in a #Hashtag? Although hashtags do not need a formal introduction, let’s address the elephant in the room.

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

LexBlog IP

OCTOBER 10, 2023

Eliezer How to Legally Protect your Board Game with Intellectual Property Law Table of Contents: Copyright Law Design Patents Trademarks and Trade Dress Utility Patents Limitations of Protection Say there is a game that’s been around. Learn more about Trademark law for board games and Trade Dress protection.

Design Patent 52

Design Patent Intellectual Property Designs Design 52

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Therefore, the need to safeguard one’s name becomes apparent, and Intellectual Property Rights offer a means to address this concern. By doing so, renowned people can proactively protect their image and prevent unauthorized usage, ensuring the lawful association of their name with products in the marketplace.

Intellectual Property 98

Intellectual Property Registration Trademark Personality Rights 98

Garrigues Blog

OCTOBER 22, 2024

Protecting fictional characters under intellectual property law is crucial given the economic and cultural value they can acquire. An example of this is the trademark “Pierre Cadault”, which monopolizes the name of the main character in Emily in Paris and was contested on the grounds of bad faith.

Trademark 52

Trademark Registration Intellectual Property Social Media 52

Intepat

JULY 4, 2024

Accountability AI can help address trademark infringement but faces challenges in evaluating target audiences and their interest in specific product categories. Academics question the practicality of AI conducting subjective examinations in trademark law, as it lacks the ability to capture subtle distinctions.

Trademark 52

Trademark Confidentiality Intellectual Property Trademark Law 52

LexBlog IP

MARCH 13, 2024

The Report looked at: i) current and future applications of non-fungible tokens (“NFTs”); ii) how intellectual property laws apply to NFTs and assets associated with NFTs; iii) intellectual property-related challenges arising from the use of NFTs; and iv) potential ways to use NFTs to secure and manage intellectual property rights.

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name.

Trademark 52

Trademark Designs Design Marketing 52

Traverse Legal Blog

JANUARY 17, 2025

5 Proven Steps to Protect Your Intellectual Property in 2025 In a world where ideas are currency, protecting intellectual property (IP) has ne ver been more critical. While intellectual property law can be complex, following a structured approach can help secure your ideas and prevent misuse.

Intellectual Property 52

Intellectual Property Cease and Desist Confidentiality IP 52

Kashishipr

OCTOBER 12, 2022

Owning a trademark undoubtedly counts as one of the most valuable and crucial assets for every business company or organization. Hence, it becomes imperative not to stay ignorant about a Trademark Assignment. Moreover, trademark assignment proves to be beneficial for both parties involved. Overview of Trademark Assignment.

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Trademark Branding Branding Brands 52

Garrigues Blog

OCTOBER 25, 2021

The auction of NFT ( non-fungible tokens ), which we addressed in this post , comprising wearable works of digital art, has revolutionized the trademark industry. Just as online fashion revolutionized the market, digital fashion – fashion you can’t touch –is set to do the same. Think for example of influencers. Image rights of avatars.

Non-Fungible Tokens 59

Non-Fungible Tokens Social Media Intellectual Property Intellectual Property Law 59

Intepat

MAY 16, 2023

For instance, famous Bollywood actor Shah Rukh Khan has registered his name “Shah Rukh Khan” and the initials “SRK” as a trademark to protect his publicity rights. Publicity Rights Under Indian IP Law In India, there is no direct statute that governs publicity rights in the intellectual property law regime.

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Branding Brands Branding Personality Rights 98