Copyright Lately

OCTOBER 20, 2024

While logos can be protected under both copyright and trademark law, it’s rare to see a plaintiff succeed on a copyright claim while failing to establish trademark infringement. Let me know in the comments below or @copyrightlately on social media. Here, the jury sided with the airline, awarding $4.7

Copyright 86

Copyright Fair Use Social Media Business 86

JD Supra Law

FEBRUARY 16, 2023

Is it “hashtag law,” as the PTO examiner suggested would be the most common understanding, or “pound law,” as alleged by the unsuccessful registrant of #law as a service mark. By: Dorsey & Whitney LLP

Trademark Law 52

Trademark Law Law Social Media Service Mark 52

IP and Legal Filings

MARCH 5, 2024

Using trademarks in domain names, linking, framing, meta-tagging, and framing are a few methods that could lead to trademark challenges. Cybersquatting is another type of trademark infringement. A fundamental tenet of trademark law is to avoid consumers being confused about the origin or source of products or services.

Trademark 98

Trademark Social Media Advertising Advertising 98

azrights

MAY 3, 2022

Brand Tuned was a difficult book to write because although I had dealt with trademark registration and brand protection work, and had explored the concept of brand in my Legally Branded book, I didn’t have a deep understanding of it. Focus on Trade Mark Registration.

Branding 119

Branding Branding Brands Registration 119

IP Tech Blog

MAY 15, 2023

A track called “ Heart on My Sleeve ” went viral recently on social media with lead vocals sounding eerily similar to a certain crooner known for his lovelorn lyrics. So, althoughGhostwriter977 may have written the words and the beat to Heart on My Sleeve , he or she probably could not obtain a registration for the finished product.

Copyright 125

Copyright Music Social Media Art 125

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. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Kashishipr

JANUARY 12, 2022

All ardent social media users are aware of the latest trend of using hashtags to spread the word across a wide range of users for bolstering consumer engagement. 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.

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

Intepat

SEPTEMBER 3, 2024

Trademarks are valuable IP assets, but the manual registration process may seem inefficient with AI revolutionizing this landscape by employing advanced tools, automating key steps from search to examination.

Registration 52

Registration Trademark Branding Branding 52

IPilogue

DECEMBER 17, 2021

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.

Trademark 111

Trademark Social Media Art Ownership 111

IPilogue

MARCH 20, 2023

The motion court first hearing the case misapplied the fundamental principles of trademark law. because they were the first to file a trademark application for “Bombay Frankies” despite not having yet used the mark. s entitlement to the trademark manifests on the application date or registration date.

Trademark 105

Trademark Social Media Registering Trademarks Trademark Law 105

IPilogue

OCTOBER 28, 2021

Nonetheless, the Canadian Intellectual Property Office notes that those in the jewellery industry may be granted industrial design registrations, offering a different kind of intellectual property protection. where original jewellery designs are automatically protected under copyright law as sculptural or pictorial works.

Intellectual Property 115

Intellectual Property Designs Design Copyright 115

Garrigues Blog

OCTOBER 22, 2024

Viacom submitted a huge amount of evidence to support its claim regarding the reputation of the series and evidence that the character was well-known before the filing date of the contested trademark due to its link to the series. The evidence included viewer numbers, social media posts, press articles and TV programs mentioning the series.

Trademark 52

Trademark Registration Intellectual Property Social Media 52

The IPKat

APRIL 17, 2024

These and approximately 30 other motifs were then sold as oil paintings, posters, canvas prints, and replicated on a variety of merchandise, promoted on social media, and sold both in the gallery and online. A critical question was whether Artpusher's actions necessitated an injunction due to infringement of Irma's rights.

Trademark 75

Trademark Artwork Social Media Trademark Law 75

SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. Concluding Remarks.

Trademark 129

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 129

43(B)log

FEBRUARY 16, 2023

22, 2022) This is a super messy case with a lot going on; I’m going to blog about it mainly to highlight a new thing you can apparently do with a trademark application , which is use it on non-Amazon platforms to gain advantages. Jones is “a social media influencer, media personality, and celebrity gossip blogger.”

False Advertising 87

False Advertising Trademark Registration Advertising 87

SpicyIP

DECEMBER 2, 2024

Bournvita’s Sugar Rush Against ‘FoodPharmer’: An Unreasoned Injunction and a Clarification Without Clarity Recently, the DHC passed an interim injunction against the social media influencer ‘Food Pharmer,’ restraining him from disparaging Mondelez’s ‘Bournvita’ and ‘Tang’ branded products.

Invention 52

Invention Trademark Reporting Editing 52

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Once a brand becomes popular, it is no longer necessary to use the actual brand name in posters and other forms of marketing; this may be accomplished by simply writing the product’s information with the trademark sign and flashing it on social media and other sites to increase its popularity.

Business 52

Business Trademark Registration Cease and Desist 52

Traverse Legal Blog

MAY 1, 2022

A trademark security agreement filed with the USPTO must specifically identify the mark, the jurisdiction, registration number, registration date, and record owner of the trademark. Perfecting a security interest in trademarks and other IP’s is not as clear as it is for other kinds of personal property.

Trademark 59

Trademark Due Diligence Intellectual Property Social Media 59

IP and Legal Filings

FEBRUARY 7, 2023

Importance of Registration of Trademarks in the Metaverse Businesses may now reach a larger audience, increase their digital footprint, and increase profits by utilising the Metaverse. By deterring rip offs, trademarks safeguard a company’s identity and the repute of its brand(s), especially in the Metaverse.

Trademark 98

Trademark Non-Fungible Tokens Branding Branding 98

IPilogue

NOVEMBER 22, 2022

Indeed, when searching the United States Patent and Trademark Office (“USPTO”) database, the signature pose has been registered for many industries, including eyewear and accessories, clocks and watches, leathers, bags, clothing, footwear, games, entertainment, restaurants, etc.

Trademark 59

Trademark Social Media Branding Branding 59

The TTABlog

OCTOBER 2, 2024

The Board noted that product packaging trade dress and trade dress for services can be inherently distinctive, but here inherent distinctiveness was not at issue because Applicant sought registration under Section 2(f). Consequently, "the proposed mark’s lack of inherent distinctiveness is deemed an established fact."

Service Mark 58

Service Mark Social Media Intellectual Property Law Intellectual Property 58

Intepat

JULY 4, 2023

The benefits of trademark registration allow the ‘Trademark holder’ to enjoy the following benefits – Protection of the channel name, preventing competitors from stealing or using a similar version of the YouTube channel name. It is clear that the protection of a trademark is essential for maintaining the goodwill of the brand.

Trademark 52

Trademark Social Media Brands Branding 52

IP and Legal Filings

JUNE 12, 2023

A trademark typically consists of a word (like Cheerios), a stylised word or letter (like the iconic M logo for McDonald’s), a design (like Nestlé’s birds’ nest), or a phrase (like “Life tastes better with KFC”).

IP 98

IP Intellectual Property Trademark Design 98

LexBlog IP

MARCH 9, 2023

” In the trial, the jury disagreed with Rothschild, rejecting his First Amendment defense, and finding him liable for trademark infringement, trademark dilution, and cybersquatting. Ownership of trademark rights is not contingent on a registration. ” ( Id. at *17-18.) ” ( Id.

Litigation 52

Litigation Artistic Work Branding Branding 52

Traverse Legal Blog

APRIL 6, 2021

There are web hosting companies, affiliate marketers, e-commerce agreements, clickwrap agreements, and social media defamation. Several issues surround the DNS system and the Domain Name Server system.

Copyright Infringement 75

Copyright Infringement Artwork Copyright Law Business 75

Corsearch

FEBRUARY 14, 2023

A trademark is not just a means of securing and protecting a brand name, it is also a valuable business asset. It’s no surprise then that is a constant race to seek trademark ownership and registration of popular holiday names — but is owning a holiday name even possible?

Trademark 52

Trademark Non-Fungible Tokens IP Branding 52

LexBlog IP

MAY 15, 2023

A track called “ Heart on My Sleeve ” went viral recently on social media with lead vocals sounding eerily similar to a certain crooner known for his lovelorn lyrics. If an AI can’t obtain a registration, can it (or perhaps those who are using it) infringe one?

Copyright 52

Copyright Music Social Media Art 52

SpicyIP

JANUARY 31, 2024

Upon cross-checking, while I couldn’t see a separate registration for the above tagline, I found the registered mark “ Daryaganj – By the inventors of Butter Chicken and Dal Makhani (Logo and device) ” Given these details (i.e., The plaintiffs’ precise argument and its foundation—be it registration or reputation—remain ambiguous.

Inventor 63

Inventor Ownership Reporting Registration 63

43(B)log

FEBRUARY 19, 2022

NAACP—these courts very clearly say that trademark law applies to commercial speech, defined as it is in First Amendment case law, and not to noncommercial speech. Some of the work is also done by the idea that trademark control extends only to the name/logo of a congregation and not to other elements of worship.

Trademark Law 72

Trademark Law Trademark Art Branding 72

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. There have been some court decisions on this precise topic, but the law is not completely settled. But what rights do you have to what it creates for you?

Design 52

Design Designs Trademark Copyright 52

SpicyIP

MARCH 10, 2023

16 of the Act states that “ no person ” is entitled to copyright, except under the statute; ii) Application for Registration of Copyright (Form-XIV) requires disclosure of name, nationality and address; and iii) in case of computer-generated works, Sec. But under Sec. 17, India has a human author requirement, as can be evidenced from: i) Sec.

Copyright 105

Copyright Copyright Law Ownership Copyright Infringement 105

LexBlog IP

JUNE 21, 2023

§ 1052(c) on registering marks concerning a living person without permission; this case has the possibility of altering trademark law significantly and allowing current events to be treated similarly to historic events from a trademark perspective. But one can expect, now that cert. ” Id. (at at 1165-66).

Registration 52

Registration Trademark Law Trademark Law 52

Biswajit Sarkar Copyright Blog

SEPTEMBER 27, 2024

Some businesses may have been using a brand name or logo in commerce without formally registering it, creating a common law trademark. These trademarks are still protected under Indian law, so it’s essential to conduct a broader search online, including social media platforms and e-commerce websites.

Trademark 40

Trademark Branding Branding Brands 40

Intepat

JUNE 7, 2024

Traditionally, trademarks encompassed fundamental elements such as plain words, logos, and designs, serving as unequivocal identifiers of the origin of goods and services. The significance of trademarking colors lies in their profound impact on consumer perception and brand identity.

Trademark 52

Trademark Branding Branding Brands 52

Copyright Lately

JUNE 6, 2022

It is possible for a song title to be protected under trademark law in certain circumstances, but it’s not easy. I’d love to hear what you think, either in the comments section or on social media @copyrightlatey. So do over a hundred other songs registered with the U.S. Thanks for reading! View Fullscreen.

Copyright 90

Copyright Copyright Infringement Music Social Media 90

Intepat

MAY 16, 2023

A fraudulent lottery-winning message with Amitabh Bachchan’s voice from KBC was viral through various social media platforms and many people fell into this trap. The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks.

Branding 98

Branding Branding Brands Personality Rights 98

SpicyIP

APRIL 30, 2023

On the other hand, the defendants disputed the legitimacy of the assignment deed and the registration of the mark and further tried to discredit the applicant of the mark as a proclaimed offender. Delhi High Court dismisses a rectification petition against the registration granted to “Burger King.”

Confidentiality 105

Confidentiality Trademark Copyright Patent 105