IP and Legal Filings

FEBRUARY 2, 2024

As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited. Gebi Products [10] , The Gala Company used the label mark “LAXMI” to market brooms.

Trademark Law 98

Trademark Law Trademark Law Service Mark 98

JD Supra Law

SEPTEMBER 1, 2023

Thank you for reading the August 2023 issue of Sterne Kessler's MarkIt to Market® newsletter.

Marketing 81

Marketing Marketing Trademark Law Licensing 81

IP and Legal Filings

FEBRUARY 17, 2025

The Indian sports market, especially is a ground for rapid growth, with a die-hard fan base, and an ever-growing hunger for more, the market of sports is at the top of its game. Almost every facet of the sports industry is now being tapped into and marketed and Intellectual Property are valuable assets for these marketing tactics.

Intellectual Property Law 90

Intellectual Property Law Intellectual Property Law IP 90

JD Supra Law

DECEMBER 1, 2021

The November 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the emergence of trademark filings for NFTs and a recent ITC patent infringement case regarding imported oil-vape cartridges. Pulp Fiction Shows us Where NFTs Meet Trademark Law - Watching the Pot™. In this issue: - "Say What Again?":

Marketing 70

Marketing Marketing Trademark Law Patent Infringement 70

Intepat

FEBRUARY 3, 2025

Introduction Trademark law is mainly governed by two key principles: “first to file” and “first to use.” ” While countries like China focus on the “first to file” rule, India gives more importance to those who first use a trademark in the market. trademark law.

Brands 59

Brands Branding Branding Trademark 59

Intepat

MARCH 25, 2025

Several luxury brands, including Tom Ford, Chanel, and Dior, annually invest millions into developing and marketing their signature perfumes. Dupe perfumes are often marketed as affordable alternatives to their premium counterparts, offering similar fragrances without the hefty price tag. billion in 2025.

Copying 59

Copying Brands Branding Branding 59

Technology & Marketing Law Blog

FEBRUARY 16, 2022

.” In other words, they sought to establish (using centuries-old chattel-based theft doctrines rather than trademark law) that a trademark owner has the unrestricted right to shut down anyone using their trademarks, even if no consumers are harmed. to see if it could find some soft spot in Georgia state law.

IP 141

IP Advertising Advertising Trademark Law 141

Likelihood of Confusion

APRIL 28, 2022

Stephen Laniel finds, in trademark law, reason not to throw the whole thing over: The public-health justification for trademark law is pretty clear: if the law defends my product brand. The post A free market moment appeared first on LIKELIHOOD OF CONFUSION™.

Marketing 52

Marketing Marketing Trademark Law Brands 52

JD Supra Law

MAY 1, 2023

In January of this year, the China National Intellectual Property Administration (CNIPA) published its draft 5th Amendment to the Chinese Trademark Law (a translated version is posted.)

Trademark Law 52

Trademark Law Trademark Law Marketing 52

IP Watchdog

JANUARY 14, 2022

The International Trademark Association (INTA) has made an amicus submission before the EU Court of Justice (CJEU) in a case concerning parallel imports and EU trademark law. In the case at hand, Harman, which makes audiovisual equipment, brought trademark infringement proceedings in Poland against AB, a distributor.

Trademark 126

Trademark Marketing Marketing Trademark Law 126

The IP Law Blog

DECEMBER 2, 2022

Vogue Magazine is suing 21 Savage and Drake after they created mock Vogue Magazines to market their new album. Scott Hervey and Josh Escovedo discuss the dispute on this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here. Watch this episode here:

Blogging 98

Blogging Marketing Marketing IP 98

Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Halloween costumes sit at an interesting and muddled intersection between copyright and trademark law. Copyright and Halloween Costumes.

Trademark 279

Trademark Copyright Cease and Desist Copying 279

JD Supra Law

APRIL 28, 2023

Thank you for reading the April 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss practice tips for the two new petition processes instituted by the Trademark Modernization Act and highlight significant proposed amendments to the Chinese Trademark Law.

Marketing 52

Marketing Marketing Trademark Law Trademark 52

IP Tech Blog

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 draft Article 18 Trademark Law correctly removes the distinction between registered and unregistered well-known marks. For example, the actual art.

Trademark Law 57

Trademark Law Trademark Law Brands 57

JD Supra Law

APRIL 28, 2022

Thank you for reading the April 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. In this issue: - Watching the PotTM - NFT Suits May Blaze New Trail for Trademark Law - Managing IP Americas Awards Please see full Newsletter below for more. Drug Enforcement Administration's policies on cannabis.

Marketing 52

Marketing Marketing Trademark Law IP 52

Technology & Marketing Law Blog

MARCH 8, 2022

academics with expertise in trademark law. The SHOP SAFE Act represents one of the most significant proposed reforms of trademark law that Congress has contemplated in years, and it will likely reshape e-commerce in unwanted ways. The SHOP SAFE Act would do this by fundamentally changing trademark law.

Trademark 144

Trademark Trademark Law Law Blogging 144

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. While Sunfrog won this battle, it lost the war because it’s exited the market.

Copyright 119

Copyright Trademark Law Publishing Copyright Infringement 119

Patently-O

JUNE 29, 2022

That divide allows the company to cater to local market preferences and regulations and also avoid potential arbitrage. In the 1970’s Coca-Cola withdrew its flagship sugary cola from the Indian market at a time of heavy regulation of foreign companies. In the 1990s, the Indian market opened again to foreign competition.

Trademark 121

Trademark Trademark Law Brands Branding 121

Erik K Pelton

APRIL 14, 2021

Erik speaks to local middle school students about what practicing trademark law is about, how he got to this point in his career, and why he enjoys doing this work. Erik shares some fun trademark tidbits and explains to the future entrepreneurs why communication, analysis, and marketing are three pillars to his long-term success.

Trademark 100

Trademark Trademark Law Marketing Marketing 100

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.” I even agree with the latter point!) Facebook , Nos.

Intellectual Property 144

Intellectual Property Trademark Marketing Marketing 144

JD Supra Law

SEPTEMBER 5, 2023

As we previously reported, in January of this year, the China National Intellectual Property Administration (CNIPA) published its Draft 5th Amendment to the Chinese Trademark Law.

Trademark 79

Trademark Intellectual Property Marketing Marketing 79

43(B)log

JULY 25, 2024

he remains associated with Plaintiffs and their business” plausibly alleged bad faith.

Trademark Law 59

Trademark Law Trademark False Advertising Law 59

The IPKat

JANUARY 27, 2022

Ab initio distinctiveness The Court concluded that the trademark is not distinctive ab initio because there are numerous similar perfume bottles on the market. So the Court considered that Chanel’s perfume bottle is commonplace within the perfume market. 5 perfume) within the entire perfume market (similar to C-25/05 P ).

Trademark 138

Trademark Registration Marketing Marketing 138

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

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 draft Article 18 Trademark Law correctly removes the distinction between registered and unregistered well-known marks. For example, the actual art.

Trademark Law 52

Trademark Law Trademark Law 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

Patently-O

FEBRUARY 3, 2023

Unlike patents and copyrights, trademark law is not designed to reward the creative endeavor of invention or authorship. Rather, trademark is designed as a consume-protection and market-function tool and so focuses on consumer perception. On appeal, the TTAB reversed the refusal.

Registration 128

Registration Trademark Social Media Designs 128

Technology & Marketing Law Blog

DECEMBER 11, 2023

Going forward, my advice to parodists who don’t want to be found to infringe trademarks: make sure your parody slaps everyone right in the face. This is not just a new standard in trademark law, but a new standard for this ancient and important literary form. at 156 (citation omitted)”). Nope, the Supreme Court didn’t say that.

Blogging 130

Blogging Trademark Brands Branding 130

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

SpicyIP

MARCH 24, 2025

While actions against infringement of copyright or trademark are welcome, the same should not be at the cost of choking a free market or the rights of small businessmen and entrepreneurs to carry on with their business ( Vasundhara Majithia ). E-Infringement Merely Academic Distinction?

Social Media 76

Social Media Trademark Law Brands 76

SpicyIP

NOVEMBER 18, 2024

Highlights of the Week Don’t Offend My Oats: Generic Disparagement, Market Leadership, and Marico Limited vs. Alpino Health Foods Recently, the DHC passed an order prima facie finding that Marico’s “Saffola oats” TM was “generically disparaged” by Alpino’s advertisements. Anything we are missing out on?

Trademark 105

Trademark Cease and Desist Music Copyright 105

Technology & Marketing Law Blog

OCTOBER 5, 2023

The court could have cited two recent Supreme Court cases (Jack Daniels and Abitron) for the proposition that trademark law only applies when parties are using a trademark as a mark , i.e., to identify and distinguish the source of marketplace goods. ” Trademark law does not restrict that usage.

Trademark 133

Trademark Fair Use Trademark Law Brands 133

IPilogue

OCTOBER 18, 2022

In its injunction motion, WOTC considers criteria based on the trademark application examination process under US law. WOTC asserts that TSR LLC cannot register the marks in question because of factors such as proximity of goods, similarity of the marks, marketing channel convergence, and ultimately, consumer confusion.

Trademark 101

Trademark Trademark Law Intellectual Property Law Publishing 101

IP and Legal Filings

MAY 18, 2023

Image Sources : Shutterstock] The differentiation between principles of design infringement and trademark infringement is logical. Trademark law is not intended to encourage creation or production but rather serves as a tool for source identification to benefit consumers who associate distinctive brand identity with goodwill.

Designs 98

Designs Design Art Trademark Law 98

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

Technology & Marketing Law Blog

JUNE 8, 2024

We usually get ours at the local farmers market.] In an April 2023 summary judgment ruling , the plaintiff established that it “possesses the legally protectable, incontestable trademarks TEXAS TAMALE and TEXAS TAMALE COMPANY.” CPUSA2 appeared first on Technology & Marketing Law Blog. ” Say what?

Trademark 129

Trademark Advertising Advertising False Advertising 129

Copyright Lately

OCTOBER 20, 2024

Skiplagged’s defense also highlighted its website’s disclaimers, which warned users that hidden city ticketing “may upset the airline” and marketed itself as exposing fares airlines “don’t want you to see.” Skiplagged’s disclosures about “hidden city” ticketing. Here, the jury sided with the airline, awarding $4.7

Copyright 83

Copyright Fair Use Social Media Business 83