IPilogue

NOVEMBER 17, 2022

A month later, the restaurant found an advertisement posted by Meng for the sale of the registration of the JU DIAN & Design Mark for $100,000. Two sections recently added to Canada’s Trademark Act of 1985 (“the Act ”) mention bad faith. Meng’s advertisement revealed Meng’s knowledge of Beijing Judian’s reputation.

Trademark 111

Trademark Registration Advertising Advertising 111

IPilogue

MARCH 2, 2022

The Birkin’s distinctive shape has acquired a secondary meaning, such that its trade dress has a trademark registration with the US Patent & Trademark Office. On December 16th, 2021, Hermès sent a cease-and-desist letter to both OpenSea and Rothschild, notifying them of the “blatant violation of intellectual property.”

Cease and Desist 105

Cease and Desist Non-Fungible Tokens Fair Use Intellectual Property 105

BYU Copyright Blog

OCTOBER 25, 2021

In a Complaint filed on October 7, 2021, in the Western District of Louisiana, Louisiana Tech University Foundation, Inc., LTF provided evidence of a current version of the bulldog, in use since 2008, along with a copyright registration and a trademark registration for the Bulldog.

Derivative Work 52

Derivative Work Advertising Advertising Intellectual Property 52

43(B)log

FEBRUARY 16, 2023

The court says the PTO “granted” the application on June 14, 2021, but that’s the filing date—the ITU application was published for opposition in April 2022, allowed June 2022, and an extension of time to file a statement of use has been granted as of this writing. He failed to allege a “valid, protectable trademark.”

False Advertising 87

False Advertising Trademark Registration Advertising 87

IP and Legal Filings

OCTOBER 26, 2023

Legal Position In India In India a viable resolution against baseless legal threats is encapsulated in Section 142 [2] of the Trademark Act, 1999. However every cease and desist notice served does not constitute trademark bullying and this depends on the fact and circumstance of each case.

Cease and Desist 98

Cease and Desist Trademark Registering Trademarks Business 98

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

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Professor Alexandra Roberts has written an excellent recent article on this, Trademark Failure to Function.

IP 94

IP Trademark Advertising Advertising 94

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. The Hermès-Rothschild Dispute.

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Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

IPilogue

OCTOBER 6, 2021

On Saturday, September 18, 2021, locals and travellers from around the globe should have filled the streets of Munich, while being intoxicated and laughing with old and new friends. After months of discussions and the DPMA appealing the decision, Munich successfully achieved its goal on May 1, 2021.

Trademark 59

Trademark Intellectual Property Advertising Advertising 59

IP and Legal Filings

FEBRUARY 20, 2022

Slogans are brief, memorable words that are commonly used in advertising to promote a specific company. Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. As a result, slogan registration is frequently denied due to a lack of distinctiveness. In the case of Oatly AB v.

Trademark 54

Trademark Advertising Advertising Registration 54

SpicyIP

MAY 18, 2022

The Indian Trade Marks Registry is also seeing activity under classes 9, 35 and 41 for registration of trademarks in relation to ‘downloadable virtual goods’ and online virtual services. Dec 21, 2021. Dec 15, 2021. Some examples under class 9 include: S.No.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

LexBlog IP

DECEMBER 21, 2021

The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce.

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Trademark Registration Intellectual Property Litigation 40

The IP Law Blog

MARCH 5, 2021

the executives at Peloton believe that the trademark SPIN is of great importance. Last month (February, 2021), Peloton filed petitions to cancel the trademarks SPIN and SPINNING for physical fitness instruction and for stationary exercise bicycles on the grounds that the marks are generic.

Trademark 85

Trademark Branding Brands Branding 85

LexBlog IP

SEPTEMBER 15, 2021

The Court of Appeals affirmed the previous decision of the district court which found that Australian Leather had wilfully infringed Deckers’ “UGG” trademarks by selling less than 15 pairs of UGG branded boots in the U.S., However, on 7 May 2021, the U.S. Background.

Trademark 52

Trademark Registration Branding Brands 52

IP and Legal Filings

FEBRUARY 7, 2023

In an effort to connect with a younger, tech-savvy consumer base, more and more firms are deciding to debut their products and advertise them electronically through the Metaverse. By deterring rip offs, trademarks safeguard a company’s identity and the repute of its brand(s), especially in the Metaverse.

Trademark 83

Trademark Non-Fungible Tokens Branding Brands 83

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 Trademark Law Law 52

Biswajit Sarkar Copyright Blog

JANUARY 19, 2022

In that case, Google was using the plaintiff’s (Bharatmatrimony) trademark for advertising the websites of other matrimonial sites. Since domain names have a worldwide outreach, its registration is done by an international organization called the Internet Corporation for Assigned Names and Numbers (ICANN). ICANN/UDRP System.

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Registration Trademark Cinema Business 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

Thus, other cases have applied conversion law to alleged theft of domain name registrations (e.g., If it had, it would have eliminated the distinctions between IP law and the law of chattels. If it had, it would have eliminated the distinctions between IP law and the law of chattels.

Licensing 89

Licensing Copyright Contracts Advertising 89

SpicyIP

FEBRUARY 13, 2023

Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision. Delhi High Court Imposes Costs worth INR 2 Cr. on Triveni Interchem Pvt. Case: Alphavector India Pvt.

Designs 52

Designs Design Trademark Cease and Desist 52

LexBlog IP

JULY 8, 2021

If you begin an application with the United States Patent and Trademark Office (USPTO)’s TEAS System, you will encounter the following: “1(a) – Actually using the mark in commerce now”. “1(b) 44(e) – Foreign registration exists for the same goods/services”. Related : What are Trademarks and What Do They Protect?

Trademark 52

Trademark Registration Web Development Advertising 52

LexBlog IP

JULY 21, 2021

It can also mean as the proxy or substitute holder of rights here on earth because no spiritual being will receive a copyright certificate, trademark registrations, or letters patent. courts have denied registration to religious marks as being offensive to other believers or to non-believers. ” But neither the PTO nor U.S.

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Intellectual Property Invention Trademark Copyright 52