IP Watchdog

AUGUST 4, 2021

Court of Appeals for the Third Circuit regarding the definition of “functionality” in trademark law. Supreme Court asking the nation’s highest court to grant a petition for writ of certiorari to take up Ezaki Glico Kabushiki Kaisha v. Lotte International America Corp. At issue in the appeal is a ruling from the U.S.

Trademark 116

Trademark Trademark Law Designs Design 116

43(B)log

JUNE 24, 2022

Jennifer Davis: After the Directive harmonizing TMs, all the law is what a TM isn’t and we have no positive definition of what a TM is. Merchandising right: ornamenting the person—think about merchandising as art, enhancing the self-presentation of the person.

Trademark Law 75

Trademark Law Law Trademark Registration 75

Technology & Marketing Law Blog

MARCH 6, 2024

If not, the print-on-demand industry may not be commercially viable under prevailing law. This judge is vexed by the definition of volitional conduct. I’m also left wondering about possibly divergent applications of copyright and trademark law to print-on-demand services. The supervising judge agrees.

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Copyright Trademark Law Publishing Copyright Infringement 100

SpicyIP

FEBRUARY 21, 2024

This issue arose out of the absence of a clear definition of ‘High Court’ post the Tribunal Reforms Act, 2021 (‘TRA’) which abolished the IPAB and returned the powers to the High Courts. However, the Court did not pass a verdict on this issue. Was it a Mere Mistake (Casus Omissus)?

Trademark 105

Trademark Intellectual Property Designs Design 105

SpicyIP

JANUARY 27, 2024

But, the PAN card service provider- UTI Infrastructure Technology and Service Limited ( UTIITSL ) was definitely not flattered, and neither was the Court. His previous post can be accessed here.] I have heard that imitation is the sincerest form of flattery.

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Confidentiality Trademark Law Licensing Trademark 105

Patently-O

NOVEMBER 17, 2023

This requirement stems from the core purpose of trademark law, which is protecting the ability of consumers to readily identify the sources of goods and services. If a mark fails to function as a source identifier, it cannot be registered as a trademark under the Lanham Act. ” Jack Daniel’s Props.,

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Trademark Registration Trademark Law Service Mark 63

The TTABlog

JUNE 22, 2023

Ramsey of the University of San Diego School of Law have just published an article on a very timely topic: "Raising the Threshold for Trademark Infringement to Protect Free Expression," 72 American University Law Review 1179 (2023). These defensive trademark doctrines, however, are narrow and often vary by jurisdiction.

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Trademark Trademark Law Fair Use Blogging 52

SpicyIP

JANUARY 2, 2024

M P Ram Mohan is a Professor in the Strategy Area at the Indian Institute of Management Ahmedabad and Aditya Gupta is a lawyer by training and is presently working on issues that fall at the intersection of IP law, freedom of expression, and business strategy. 8(b) and “scandalous marks (S.

Trademark 59

Trademark Law Trademark Law Registration 59

IP and Legal Filings

AUGUST 29, 2023

Can their names be officially protected under trademark laws?At At first, it might seem a little confusing as Trademarks are like- ‘special signs’ that help us know where products or services come from. ” This term is descriptive in nature, as evidenced by its dictionary definition.

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Trademark Trademark Law Law Advertising 87

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may. What is Trademark Dilution?

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Trademark Registering Trademarks Trademark Law Branding 75

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.

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Trademark Trademark Law Law Blogging 126

Olartemoure Blog

FEBRUARY 28, 2023

Clark Lackert , a trademark expert who has explored the subject for quite some time and spoke about it during the last INTA Annual leadership conference in Miami. What is a trademark? Trademark In most of the countries a trademark is a symbol, word, or phrase that identifies and distinguishes a brand from others in the market.

Trademark 98

Trademark Intellectual Property Government Trademark Law 98

IPilogue

OCTOBER 7, 2021

The court ultimately decided against the band because “Aboriginal rights are outside the scope of trademark law.”. Cases like this raise questions about the scope of intellectual property (IP) law in Canada. Trademark law in particular has the benefit of granting collective rights and can also provide perpetual protection.

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IP Intellectual Property Trademark Law Ownership 105

The IP Law Blog

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose. on a dry weight basis.”

Trademark 52

Trademark Law Branding Brands 52

IP and Legal Filings

JANUARY 11, 2024

The objective of these requirements is to guarantee the legitimacy of graphical representations of smell trademarks. CHALLENGES Olfactory markings have certain particular challenges under Indian trademark law. The difficulty of graphical representation is a big barrier.

Trademark 90

Trademark Intellectual Property Branding Brands 90

IP and Legal Filings

OCTOBER 11, 2022

The Copyright law thus in this case brings into play the word “performer”; Section 2(qq) of the said Act through an inclusive definition and illustrates a list of people who can be contemplated under the tag of the performer. This way Copyright Act provides a partial cover to the rights of personality.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 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.

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Trademark Social Media Advertising Advertising 86

IP and Legal Filings

JUNE 27, 2022

The fixed definitional contours of the concept of earlier criteria for granting trademarks have slowly become diluted. Usually, body parts are excluded from getting trademark protection. Definitional aspects. Is it possible to trademark signature looks and poses? The reason is its generic character.

Trademark 52

Trademark Intellectual Property Trademark Law Branding 52

The TTABlog

NOVEMBER 6, 2023

Prior to passage of the Trademark Law Revision Act (TLRA) in 1988, "token sales and sporadic, casual, and nominal shipments of goods bearing a mark were insufficient to avoid a prima facie finding of abandonment." Peavey argued that "[a] mark is only abandoned when all trademark significance, including residual good will, is lost.”

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Registration Branding Brands Branding 60

LexBlog IP

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” ” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose.

Trademark 52

Trademark Law Branding Brands 52

IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] When a mark is graphically represented and can distinguish the goods and services of one proprietor from another, it can be registered as a trademark. [9]

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Registration Trademark Trademark Law Law 78

LexBlog IP

APRIL 12, 2023

I briefly mentioned Abitron here recently , but it deserves more attention in the context of defining the boundaries of US trademark laws and just on the notion of defining words. ” But there are counterarguments to the suggestion that the law would only have been concerned with uses in domestic commerce. Vitronics Corp.

Law 52

Law IP Intellectual Property Copyright 52

IP and Legal Filings

OCTOBER 6, 2022

GIs are protected under the Trademarks Law as collective or certification marks, the Pyidaungsu Hluttaw Law No. In the Trademark and Geographical Indications Law, the definition of Geographical Indications is provided. 3, which is enacted on 30 January 2019. Other prescribed particulars.

Registration 52

Registration Trademark Law Intellectual Property Trademark 52

Technology & Marketing Law Blog

JUNE 21, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

The TTABlog

OCTOBER 13, 2021

Micro Mobio insisted that General Motors should have been stuck with the definition of cruise that it "used in its registration" (sic): "to sail from place to place, as for pleasure or in search of something." The court was unmoved. Read comments and post your comment here. TTABlogger comment: Is this a WYHA? Text Copyright John L.

Registration 52

Registration Trademark Law Designs Design 52

SpicyIP

MARCH 3, 2022

What implications does this have for trademark law? For starters, a body-part, being a ‘built-in aspect’ of the human anatomy, would be automatically barred from trademark protection, due to its generic character. Contemporary trademark jurisprudence has opened the gates for protecting non-conventional trademarks.

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Trademark Trademark Law Intellectual Property Advertising 122

IP Tech Blog

JULY 10, 2023

Trademark owners take note: In Abitron Austria GmbH et al. the Supreme Court definitively ruled that Sections 1114(1)(a) and 1125(a)(1) of the Lanham Act are not extraterritorial and extend only to claims where the infringing use in commerce is domestic. Hetronic International, Inc. See, e.g., RJR Nabisco , 579 U.S. court forum.

Trademark 40

Trademark Intellectual Property Trademark Law Law 40

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. since 1998. In the 1995 Qualitex Co.

Trademark 112

Trademark Social Media Art Ownership 112

IP and Legal Filings

DECEMBER 23, 2023

Pramod Borse [9] , the plaintiff was the registered owner of trademark “Bisleri” and the defendant had registered an identical/deceptively similar domain name “Bislari.com”. After examining the facts, the court held that the owner of trademark had the exclusive right to register the trademark as a domain name under the trademark law.

Trademark 52

Trademark Registration Trademark Law Business 52

LexBlog IP

JULY 10, 2023

Trademark owners take note: In Abitron Austria GmbH et al. the Supreme Court definitively ruled that Sections 1114(1)(a) and 1125(a)(1) of the Lanham Act are not extraterritorial and extend only to claims where the infringing use in commerce is domestic. Hetronic International, Inc. ” The Court rejected this line of reasoning.

Intellectual Property 40

Intellectual Property Trademark Trademark Law Law 40

SpicyIP

SEPTEMBER 11, 2023

This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents. Plus, I argue that the liability of such an agent should be analogized with legal practitioners for which we already have sound jurisprudence and laws regarding professional conduct.

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Government Trademark Patent Patent Application 105

IPilogue

AUGUST 4, 2022

The Court evaluated many definitions of “bad faith,” as it was not defined in Bill C-86, which introduced the new s.18(1)(e) The applicant noted similar provisions in EU and UK trademark law that have been adjudicated. The Decision. 18(1)(e) of the TMA.

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Trademark Registration Designs Design 115

The IP Law Blog

MAY 27, 2021

Constellation alleges the license agreement gave it a broad license to use the name “Corona” and a broad definition of beer that covers beverages well beyond the original Corona lager. Constellation disagrees with Modelo’s position that hard seltzers are not allowed under its license.

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Licensing Branding Brands Branding 103

The IPKat

APRIL 5, 2022

Clarifications are given on three aspects in particular: (1) On the definition and criteria of ‘the signs with certain influence’. (2) 2) Article 6 of the AUCL does not protect the signs, or their distinctive identifying parts, that are forbidden from use by Article 10(1) of the Trademark Law of China. (3)

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Law Business Marketing Marketing 95

Technology & Marketing Law Blog

JULY 17, 2023

In addition, the opinion has important ramifications for domestic trademark law through its identification of “use in commerce” as the actionable domestic conduct. Now in trademark law, extraterritorial reach is a simple on-off switch: Is there use in commerce or not?

Trademark 70

Trademark Blogging Litigation Law 70

More Than Your Mark

AUGUST 20, 2021

Whether such a solution is available or necessary will depend on your goals and desires, which you should discuss with an experienced intellectual property attorney specializing in trademark law. Contact Norris McLaughlin About Intellectual Property Disputes Over 3-D Designs.

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Intellectual Property Designs Design Invention 98

LexBlog IP

SEPTEMBER 22, 2022

“The first step in determining whether an unregistered mark or name is entitled to the protection of the trademark laws is to categorize the name according to the nature of the term itself.” Platinum Fin. 3d 722, 727 (7th Cir. ” Int’l Kennel Club of Chi., Mighty Star, Inc., 2d 1079, 1085 (7th Cir.

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Social Media Advertising Advertising Trademark 52