This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
This is a case focusing on ownership of socialmedia accounts. See “ SocialMediaOwnership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the SocialMedia Account Ownership Jurisprudence–JLM v. (See
The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the socialmedia accounts and then awarding control over the accounts to JLM. What does a 200+ year old fox have to say about who owns socialmedia accounts?). ” (Cite to Pierson v.
Over the years I’ve worked on thousands of trademark applications. First, I’ve reviewed thousands of trademark applications as an examine,r and now in private practice since 1999, I have filed many thousands of trademark applications for clients. I often refer to it as a long and winding road.
The following is an edited transcript of my video, What Are the Potential Costs of an Unprotected Trademark. So they not only had an unprotected trademark, they had skipped some critical steps in the brand protection process. Might they think you’re under new ownership once again? Second, there’s the cost of time.
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.
Introduction What separates long-established print and electronic media from socialmedia is that it comes along with a bunch of techniques for its usage. These are tools that shaped socialmedia to be more significant than the long-established medias. Domain names are frequently acquired as trademarks.
When it comes to promoting, marketing, and advertising, socialmedia is one of the most effective and powerful ways. Content creators and socialmedia influencers work sincerely to build their reputation for expertise in specific industries, products, and topics. How to Ensure Compliance with IP?
As brands have begun to increasingly rely on digital platforms to reach and engage with their target audience, the risk of unauthorized use of trademarks and the sale of counterfeit products has also grown. Unauthorized pages and posts on socialmedia can dilute a brand’s goodwill and reputation and confuse consumers.
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 socialmedia accounts created by the designer after finding ownership of the accounts wasn't properly assessed.
Now, WWE has filed twelve new trademark applications, reinforcing that intellectual property is just as vital to its business model as the action inside the ring. Trill London straddles the line between modern slang and a socialmedia influencers alter ego. Osiris Griffin feels like an ancient warrioror maybe a sneaker brand.
A SocialMedia Influencer is someone who creates unique material that keeps people interested on multiple socialmedia platforms, causing them to return for more high-quality information. One of the most significant methods to safeguard material on socialmedia is through copyright. Trademarks.
The new socialmedia platform Threads was launched on July 5, 2023. Although socialmedia activity is largely concentrated on a few major platforms, new networks have continued to pop up and compete for users. Acquiring socialmedia handles that are owned by other people can be difficult (and sometimes expensive).
Inventorship and Ownership: The process of invention has changed significantly as a result of the AI technologies’ quick development and increased computing capacity. AI AND TRADEMARKTrademarks give brand owners exclusive rights by identifying the source of goods or services.
Further, mere ownership and control is not a sufficient ground to pierce the corporate veil, it should be shown that control and impropriety by the defendant resulted in deprivation of legal rights, as noted by the Supreme Court in Balwant Rai Saluja v. E-Infringement Merely Academic Distinction?
As a result, it is seeking an injunction precluding the baseball team from using the trademark. According to Cleveland Roller Derby, a non-profit entity, despite being valued at over $1 billion, the baseball team is trying to bulldoze the roller derby team’s superior trademark rights to the Guardians name.
SpicyIP Tidbit: The Evergreen Conundrum: DHC Grants Interim Injunction to Evergreen Sweet House in a Trademark Dispute In a recent trademark dispute between Evergreen Sweet House v. the original plaintiff) filed a suit to protect four registered Kirloskar trademarks against alleged infringers. Kirloskar Brothers Ltd.
She sold her business several years ago to JLM and in so doing assigned rights in her name – she allowed the business to register her name as a trademark (meaning that the transaction was more than a mere license). The parties are now fighting over control and ownership of certain socialmedia accounts created during the pendency of Ms.
Defendants also managed the socialmedia presence of the “La Baguette” business, which primarily consisted of a Facebook page. Moore, Find Out Who Your Friends Are: A Framework for Determining Whether Employees’ SocialMedia Followers Follow Them to A New Job, 39 CAMPBELL L. See generally, Christopher A.
On October 25, 2022, following a string of antisemitic remarks and hate speech from Ye (formerly known as Kanye West) on socialmedia, Adidas announced their decision to terminate their co-branding partnership with Ye and end production of all Yeezy branded products. While Ye’s company, Mascotte Holdings Inc.
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.
On the one hand, socialmedia has enabled global sharing of news and creative media. However, it also brings new dimensions to copyright and trademark issues. Emily (E): What prompted you to protect TAF and trademark your brand? ” E: What were you looking for in your trademark lawyer?
WowWee’s Vice President of Brand Development & Creative Strategy, Sydney Wiseman, used her WowWee email address to create a Roblox user account and used her Roblox account to promote My Avastars dolls on socialmedia, including videos on her TikTok account. This was enough survive the motion to dismiss.
However, British artist Stuart Semple considers Tiffany Blue as being held captive through trademark law. Semple has been “liberating colours since 2016” , with previous paints replicating trademarked colours including International Klein Blue , T-Mobile Magenta , and Blackest Black. since 1998. In the 1995 Qualitex Co.
TRADE MARKS Lise Charles (WTR) provides an overview of the most-read posts on Word Trademark Review (WTR) on European trade mark case law over the past year, including analyses of cases dealing with issues such as unconventional signs (i.e., disputes between domain names and trademarks).
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.
Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab?
Trademarks protect brands. The single best way to do that is with a Federal trademark registration. Here are seven practical reasons why you need to get a Federal trademark for your brand. Enhanced Protection on SocialMedia. Better SocialMedia Results. Reason #6 — Better SocialMedia Results.
What happens when someone registers your trademark or personal name on these web3 extensions? Let’s talk about trademark protection and domain names. If you are a brand or trademark attorney, you may already know about cybersquatting. How to Protect Your Trademark from Web3 Cyberquattting. Watch video one below.
As we observe World Intellectual Property (IP) Day, themed “IP and Music: Feel the Beat of IP,” and underscore the objectives of our campaign, “ Hitting the Right Notes with Intellectual Property,” we address the indispensable role of trademarks in securing a musician’s brand and fostering enduring success.
Writing this post in the context of PV Sindhu’s success at the Tokyo Olympics and how that has spurred companies who do not sponsor her to put up congratulatory messages on socialmedia with their brand logos and while using her images, Satchit analyses the discourse on the right to publicity surrounding the issue. News from India.
Albert’s”) filed suit against AaLAND Diamond Jewelers (“AaLAND”) for Trademark Infringement, False Designation of Origin, and Unfair Competition in violation of Lanham Act, 15 U.S.C. 1125(a)(1)(A) , Indiana Common Law Trademark Infringement in violation of Ind. Crown Point, Indiana – Plaintiff Albert’s Diamond Jewelers, Inc.
Defining Trademark A “trademark” is a mark which is used for a commercial purpose. How do trademarks function? Trademarks reduces the chance of confusion: Trademarks helps in preventing confusion in the minds of consumers by indicating the source and quality of the product, they are intending to use.
Daler Mehendi, a known singer and the plaintiff in the present case, had a registered trademark over the letters “DM” and established a business called “D.M. The concept of passing off under trademarks law was used to provide relief to the plaintiff. It is a common tort law aspect and can be used for unregistered trademarks.
Shamnad Basheer, it offers expert analysis of patents, copyrights, trademarks, geographical indications, and related policy issues. Evaluating the doctrine of fair use for Indian socialmedia platforms in light of global cases. Exploring the intersection of defamation and copyright in Indian socialmedia journalism.
As a result, it is seeking an injunction precluding the baseball team from using the trademark. According to Cleveland Roller Derby, a non-profit entity, despite being valued at over $1 billion, the baseball team is trying to bulldoze the roller derby team’s superior trademark rights to the Guardians name.
Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.
In addition to supporting gaming and socialmedia, the Metaverse combines sectors of the economy, digital identity, decentralized democratic accountability, and other applications. Consequently, trademark infringement is becoming a concern in this new world. It is a 3D world that combines various virtual spaces.
Given the huge commercial opportunity, it is clear to see why there is great demand in trademarks for goods and services linked to the holiday name and others throughout the year. Can you trademark a holiday name? Can you trademark a holiday name? CUPID appeared in 481 trademarks registered in 2022.
Introduction Valuing intellectual property has long been essential for determining the economic worth of intangible assets, such as patents, trademarks, copyrights, and trade secrets. NFTs, in particular, have revolutionized digital ownership by enabling verifiable ownership of unique digital items through blockchain technology.
And unlike the vast majority of songwriters and performing artists who have relinquished ownership rights to musical publishers and record labels, Barlow & Bear decided to release “The Unofficial Bridgerton Musical” themselves, which means keeping more of the earnings. Netflix disagrees.
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.
Essential Benefits of Trademark Registration – Part 6 This is the sixth in a series of posts about the benefits of having your trademark registered. A registered trademark serves as a deterrent to potential infringers. This ownership comes with exclusive rights to use the mark in connection with specific goods or services.
X (formerly Twitter) is one of the most popular socialmedia platforms for businesses and individuals, with around 335 million monthly active users worldwide. Unfortunately, this global reach and accessibility to a large audience also attracts bad actors looking to exploit the popularity and features of socialmedia platforms.
The problem of counterfeiting not only puts brands at risk of their trademarks, brand value, and goodwill getting damaged but also puts consumers at the risk of receiving sub-standard quality products, which may ultimately affect their health and wellbeing. For example, eBay follows this system under its VeRO Program).
We organize all of the trending information in your field so you don't have to. Join 9,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content