azrights

NOVEMBER 3, 2021

When choosing colours be aware of what colours are in use in your category so you choose a different colour to what anyone else is using. Like that you stand more of a chance to be distinctive, and potentially to ultimately secure that colour as a trademark. Competitors Copying Your Colour.

Trademark 52

Trademark Branding Brands Branding 52

Technology & Marketing Law Blog

JANUARY 9, 2022

Furthermore, where an opinion references both emojis and emoticons, I counted those only in the emoji category. GmbH as potentially a trademark troll due to their high litigation volume and dubious litigation tactics. I found 166 cases in 2021 (so far), a 23% increase over 2020.

Law 136

Law Registration Settlement Litigation 136

The TTABlog

NOVEMBER 10, 2023

Mike Keyes , a consumer survey expert and IP litigator at Dorsey & Whitney LLP, has granted me permission to post this recent article from his newsletter, "Lanham Act Surveys for Lawyers" (subscribe here ). When trademark trial lawyers and their experts hear it, though, (regardless of the day), we think of.consumer surveys.

Branding 72

Branding Brands Branding Trademark 72

IP and Legal Filings

JANUARY 30, 2022

The Respondent secured federal trademark registration for “Get Lucky” in 1986, and the Petitioner commenced offering garments employing the registered trademark “Lucky Brand” and term “Lucky” a few years later, in 1990. The post Trademark Infringement Get So “Lucky” first appeared on IPLF.

Trademark 96

Trademark Branding Brands Branding 96

Technology & Marketing Law Blog

NOVEMBER 28, 2022

To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. So, what exactly is the trademark owner fighting for here? This is a bad ad buy by Allied, AND it’s a bad trademark enforcement decision by Porta-Fab. So why did I say the case was stupid?

Advertising 101

Advertising Advertising False Advertising Trademark 101

Patent Trademark Blog

MAY 19, 2022

Should you file a trademark opposition? A trademark application is close to the finish line. Should you file a Notice of Opposition with the Trademark Trial and Appeal Board (TTAB). What does a TTAB trademark opposition case look like? You have trademark questions. How long is a trademark opposition?

Trademark 52

Trademark Settlement IP Blogging 52

azrights

OCTOBER 27, 2021

For example, the law won’t generally stop copying of ideas or business models or colours of other brands unless these are trademarked. Some identifiers can be protected and owned as trademarks as soon as you create them. Others are extremely difficult to secure as trademarks and need a strategy to achieve.

Branding 52

Branding Brands Branding Copying 52

Kashishipr

JULY 13, 2022

In the AR field, patent litigation has already commenced for AR hardware and some applications or uses of AR. Since AR capabilities have been limited to gaming devices and mobile devices in recent years, patent litigation in the AR field has been a logical outgrowth of the patent wars consuming the mobile device market. Trademarks.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

SpicyIP

MAY 8, 2022

An image of a notepad with ‘Trademark’ written on it from here ). Admissions before the Registry are a substantive category, not a wishing well for infringement litigants. A final category of cases relevant to us here. This category is underpinned by a common sense rule. Eashan Ghosh. (An

Intellectual Property 122

Intellectual Property Intellectual Property Law Registration Law 122

SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. Assistant Controller of Patents and Designs , N.V.

Trademark 126

Trademark Invention Patent Art 126

SpicyIP

OCTOBER 30, 2023

Then, “ …, considering that kettles may not be one of the most expensive product categories, the annual sales of kettles are taken at Rs.5 This case highlights the issue of parties seriously contesting their claims in IP litigation only till an injunction is granted by the court and abandoning the trial thereafter.

Patent Infringement 59

Patent Infringement Patent Art Invention 59

43(B)log

FEBRUARY 19, 2022

At least in its “explicit falsity” prong, though, Rogers tailors potential liability for noncommercial speakers more closely to classic fraud, excluding most noncommercial speech from trademark liability. The answers are yes, no, and sometimes, a list both comprehensive and dismaying. But there are several remaining problems.

Trademark Law 72

Trademark Law Trademark Art Branding 72

SpicyIP

FEBRUARY 21, 2023

Recently Ishant wrote on the Delhi High Court’s broad interpretation of the term “leaving with the registrar” under the Trademark Rules with regard to strict adherence to the timeline to file a document with the Registry. This interpretation will surely benefit a lot of IP litigators practicing before the Delhi High Court.

Litigation 75

Litigation IP Trademark Law 75

Trademark and Copyright Law Blog

APRIL 24, 2020

Yesterday, the Supreme Court decided a trademark damages question that has long divided courts across the country. For decades, a trademark owner’s chances of recovering an infringer’s profits in litigation varied depending on where the case was pending. It did not , however, find that Fossil acted willfully.

Trademark 52

Trademark Copyright Law Licensing Litigation 52

The IP Law Blog

JULY 15, 2021

For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” Explain how the status of patent eligibility jurisprudence in the United States has affected any litigation for patent infringement in the United States in which you have been involved.

Law 109

Law Patent Invention Intellectual Property 109

azrights

MARCH 15, 2021

The Nike swoosh is unique in its category (that means, no competitors were using a similar icon), and it is also famous because the asset is recognised and linked to the Nike brand by most people. A distinctive asset such as the Nike Swoosh would have been capable of registration as a trademark as soon as the design was created.

Branding 52

Branding Brands Branding Trademark 52

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Instead of protecting consumers, this bill gives trademark owners absolute control over online marketplaces by overturning Tiffany v. Because the bill makes it impossible for online marketplaces to avoid contributory trademark liability, this bill will drive most or all online marketplaces out of the industry. Overturning Tiffany v.

Trademark 135

Trademark False Advertising Advertising Advertising 135

Patent Trademark Blog

MARCH 18, 2022

This is where trademarks play a role. Unlike patents, the role of a trademark is not to signify something new, but rather to indicate the source of the product or service. Trademarks can last indefinitely. Unlike patents, trademarks do not necessarily need to be registered in order to be protectable. Is IP time sensitive?

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 52

IP and Legal Filings

FEBRUARY 4, 2022

Introduction: The concept of comparing and considering a trademark in its entirety is a well-established tenet in trademark law. When a trademark is registered, it provides protection to the mark as a whole, even if it is a composite trademark with numerous aspects in it. Contentions of Parties. Contentions of Parties.

Registration 65

Registration Trademark Trademark Law Marketing 65

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

Until 2018, cannabis in almost all of its forms was regulated as a Schedule I controlled substance – the same category used for heroin and LSD. improves mood” or “soothes aching muscles”) would push it out of the “cosmetics” category. FDA Regulation. But making non-cosmetic claims for the product (e.g.,

IP 52

IP Registration Trademark Branding 52

TorrentFreak

OCTOBER 7, 2022

The legal battle between the American video game developer Bungie and AimJunkies.com is one of the most litigated cases thus far. Last summer, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies of copyright and trademark infringement, among other things. Bungie Rebuts DMCA Claims.

Copyright 70

Copyright Privacy Copyright Infringement Copying 70

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 18, 2020

Protective orders commonly establish different tiers of protections for different categories of confidential information. Can confidential information learned during litigation be used to draft better patent claims? Is produced confidential information still protected after the litigation is resolved?

Litigation 52

Litigation Confidentiality Patent Designs 52

SpicyIP

JANUARY 20, 2024

Moreover, as the 1987 report notes, IP litigation was very limited at that time, except for trademark law. India, a net importing country, wasn’t in that category then. which regarded protecting IP as less important (through litigation cost) than serving other needs (?), Out of those limited numbers, even fewer taught.

Government 112

Government IP Intellectual Property Reporting 112

LexBlog IP

JULY 15, 2021

For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” CLS Bank Int’l , which involve the limits on patent eligibility under 35 U.S.C. § § 101. intellectual property.

Law 52

Law Invention Patent Intellectual Property 52

Shades of Gray

NOVEMBER 2, 2016

Traditionally, attorneys’ fees were notoriously difficult for a prevailing party to recover in a trademark action. ICON Health & Fitness, Inc. , [1] relaxed the applicable standard in construing the Patent Act’s identical fee-shifting provision and will likely result in a lower bar to the recovery of fees in trademark disputes.

Trademark 52

Trademark False Advertising Litigation Copyright 52

JIPEL Copyright Blog

MARCH 24, 2022

Patent and Trademark Office lacks patent examiners with expertise in the field. Even meritless patents that would be overturned if later challenged can have a chilling effect on competitors who cannot afford to pay the costs of litigation. . Another category of concerns that Marks and Cohen raise is one of patent policy.

Patent 40

Patent Art Patent Application Technology 40

43(B)log

AUGUST 11, 2022

230: Roommates.com was the first exception for 230 because Roommates established categories for people to use. By creating a mandatory category structure, that was consistent w/ the idea that structuring a language has effects on the people who respond to it—a determinative component to doing that. What does this have to do with law?

Ownership 80

Ownership Moral Rights Copyright Branding 80

LexBlog IP

SEPTEMBER 25, 2023

In looking, for example, specifically at healthcare IT companies, the types of employees can generally be divided into roughly three categories: (1) those involved in the administrative side of the business, (2) those involved in healthcare technology services, and (3) those involved in software development.

Confidentiality 52

Confidentiality Intellectual Property Marketing Marketing 52

LexBlog IP

DECEMBER 3, 2021

In order to utilize The Registry, the brand owner must have a federally-registered trademark that appears on products or packaging. The owner must apply for registration and will need to provide the trademark registration number, product categories, and a list of countries where products are manufactured and distributed.

Branding 52

Branding Brands Branding Intellectual Property 52

Copyright Lately

AUGUST 2, 2022

The duo’s passion project was nominated for a 2022 Grammy Award in the Best Musical Theater Album category. Fans willing to drop even more money could allegedly buy clothing, keychains and other merchandise at the venue, all of which featured the “Bridgerton” trademark. But that was only the beginning.

Music 105

Music Derivative Work Fair Use Cease and Desist 105

Biswajit Sarkar Copyright Blog

DECEMBER 19, 2023

Subsidies offered for Patent and Trademark (in selected categories) registration, encouraging innovation and protecting intellectual property. This made it intricate and perplexing for litigants, especially small business owners reliant on consistent cash flow.

Settlement 52

Settlement Intellectual Property Registration Designs 52

The IPKat

JANUARY 6, 2022

Sadly, the EU trade mark system is entirely lacking in an effective mechanism for putting a quick stop to pointless litigation, so it took several years and decisions of the EUIPO, the EUIPO Board of Appeal and finally the EU General Court to put this one to bed (in theory there could be an appeal to the CJEU, but I think probably not).

Registration 96

Registration Cease and Desist Branding Brands 96

43(B)log

FEBRUARY 3, 2022

Rolling Stone litigation, though the facts are more internet-oriented. Vogue ’s editorial feature “easily” fell within that category. Moda Operandi, Inc., 3d -, 2021 WL 4340670, No. 7255 (CM) (S.D.N.Y. 22, 2021) This case should be of interest to people working on contextual advertising. In one way, it's a replay of the Stewart v.

Advertising 64

Advertising Advertising Designs Design 64

43(B)log

FEBRUARY 24, 2024

A variant of separating the mark from the brand; not seeing it in all categories, and we may have a world in which some marks—maybe the 1%--are not divided from brands but the others are. If we were to try to adapt different rules, we have to ID what category we’re in, and how someone might be allowed to contest their categorization.

Fair Use 45

Fair Use Branding Brands Branding 45

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 8, 2022

Fish & Richardson has received the elite “Gold Band” national ranking in the litigation category in the 2022 edition of IAM Patent 1000: The World’s Leading Patent Professionals. Fish also received national rankings in the plaintiff, post-grant, and prosecution firm categories. . in the Post-Grant Proceedings category; and?

Editing 52

Editing Patent Litigation IP 52

Technology & Marketing Law Blog

JUNE 29, 2022

17 years later, I’m still blogging their ignoble trademark lawsuits. Some “highlights” of 1-800 Contacts’ trademark jurisprudence over the years: 1-800 Contacts v. IT’S A F **G PHONE NUMBER THAT INCLUDES THE PRODUCT CATEGORY’S NAME. WhenU (2d Cir. Mark strength. Mark similarity.

Trademark 105

Trademark Advertising Advertising Settlement 105

SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. c) Top 10 Other IP Developments.

IP 143

IP Intellectual Property Copyright Trademark 143