Technology & Marketing Law Blog

JUNE 21, 2023

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.] The Trademark Infringement Claim A new gateway requirement for application of the Rogers test. 1114(1) or 15 U.S.C.

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IP and Legal Filings

AUGUST 11, 2023

Introduction Trademarks are no longer confined to words, numbers, or devices. This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] 7] Is Braille a ‘Mark’ ?

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Trademark Registration Intellectual Property Intellectual Property Law 80

Kashishipr

DECEMBER 15, 2021

Trademarks indicate the origin of a product. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. A 3D shape cannot be registered as a trademark if the shape: Arises from the inherent nature of the object or goods; Provides a technical function; or.

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Kashishipr

SEPTEMBER 8, 2021

A trademark is typically a sign, logo, symbol, word, phrase, design, or combination of them, which identifies the product or service of a particular brand. To sell the product, using the brand name makes it a trademark. ’ Common or generic terms are usually not protected under trademark law.

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Kashishipr

MARCH 2, 2022

What happens after you get your mark registered as a trademark? Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Furthermore, it will also never enforce your trademark rights on your behalf.

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Registering Trademarks Trademark Registration Trademark Law 105

IP and Legal Filings

SEPTEMBER 3, 2021

Such strategies are not merely restricted to trademarking names, patenting products or copyrighting creative material. In fact, businesses have begun to extend the scope of Intellectual Property laws by protecting subsets of their products or services. This has introduced a new wave of non-conventional trademarks.

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LexBlog IP

JANUARY 13, 2022

When Canada is designated via the Madrid Protocol, the Canadian Intellectual Property Office (CIPO) will communicate directly with the applicant if a Canadian trademark agent is not appointed. If you are looking to appoint a Canadian trademark agent, DW does so for no charge. Intellectual Property , Trademarks.

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The IPKat

MAY 30, 2023

GRUR , established in 1891, is a recognized non-profit scientific association of all members of professional groups and organizations active in the field of intellectual property law; these are, particularly, law professors, judges, civil servants, lawyers, patent attorneys and representatives of associations and companies.

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LexBlog IP

OCTOBER 10, 2023

Eliezer How to Legally Protect your Board Game with Intellectual Property Law Table of Contents: Copyright Law Design Patents Trademarks and Trade Dress Utility Patents Limitations of Protection Say there is a game that’s been around. A lot of people are familiar with it.

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Design Patent Intellectual Property Designs Design 52

Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name. Understanding the Secondary Meaning of Trademark.

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Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. Trademark rights can be even more confusing to navigate in the world of NFTs. What is Intellectual Property?

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LexBlog IP

MARCH 3, 2023

Safeguard Your Brand: How Choosing the Wrong Trademark Lawyer Can Kill Your Brand @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-6402f22ad89cf2570{display: important;}} Don’t trust your brand to just any lawyer – both enforcing and not enforcing your company’s trademark rights can damage your brand.

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The IPKat

FEBRUARY 6, 2022

Contreras Best Trade Mark Law Book The nominations were: International Trademark Licensing, edited by Stojan Arnerstål A User's Guide to Trade Marks and Passing Off, by Nicholas Caddick QC, Ben Longstaff, Jamie Muir Wood, and Charlotte Duly Research Handbook on Trademark Law Reform (eds.) Dinwoodie and Mark D.

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Intellectual Property Editing Copyright Law Intellectual Property Law 145

Kashishipr

AUGUST 24, 2022

Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Relationship between Trademark Law & the Hospitality Industry.

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Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

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Kashishipr

AUGUST 25, 2021

A critical issue to be addressed is whether these limited-edition products can get protection under Intellectual Property (IP) law, just as regular products do, and if yes, then which is the most appropriate form of IP Protection ? Protection for Limited Edition Products under Trademark Law.

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Kashishipr

NOVEMBER 2, 2022

Maintaining a Trademark Registration can indeed be challenging if you aren’t familiar with the Trademark Law. However, there exist some steps and guidelines you can take and follow to ensure your Registered Trademark remains protected and valid. Exclusive Trademark Rights for Trademark Owners in India.

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LexBlog IP

APRIL 10, 2023

This is because most of the relevant intellectual property laws involving patents, trademarks, copyrights, and trade secrets are federal laws, which apply uniformly throughout the United States. Intellectual property attorneys can file these applications from anywhere.

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LexBlog IP

JANUARY 22, 2022

Kayode & Co, a boutique IP law firm with offices in Lagos and Abuja, Nigeria. Lara is a leader in Africa trademark law, and represents the interests of numerous international companies in counterfeit enforcement and brand protection matters. Why should international companies seek to register their trademarks in Nigeria?

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Trademark Registration Branding Brands 52

LexBlog IP

JANUARY 22, 2022

Kayode & Co, a boutique IP law firm with offices in Lagos and Abuja, Nigeria. Lara is a leader in Africa trademark law, and represents the interests of numerous international companies in counterfeit enforcement and brand protection matters. Why should international companies seek to register their trademarks in Nigeria?

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Trademark Registration Branding Brands 52

LexBlog IP

FEBRUARY 29, 2024

January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. Trademark law has something to say about use. Unlike copyrights, trademark rights do not expire. They may continue indefinitely, provided there is continued use of the trademark.

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IP and Legal Filings

JUNE 12, 2023

[Image Sources : Shutterstock] The Coca-Cola firm is the best illustration of how much intellectual property rights (IPRs) might be worth. The trademark of Coca-Cola is its most valuable asset. The value of the Coca- Cola trademark has increased from USD 68.9 billion in 2001 to USD 120 billion now.

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Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Many companies exploit renowned person identities without obtaining proper consent, leading intellectual property experts to advocate for the safeguarding of image rights through registration under Intellectual Property laws.

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IIPRD

FEBRUARY 6, 2024

In this sector, intellectual property (IP) regulations are essential for defending the rights of inventors, artists, and producers. We will examine the fundamental ideas and rules of copyright, trademark, and patent laws as well as how they relate to various entertainment business sectors in this extensive book.

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Intellectual Property Cease and Desist Copyright Law Music 52

IP and Legal Filings

AUGUST 3, 2023

Introduction In the world of trademarks , the primary purpose of a mark is to identify and distinguish the source of goods and services. However, not all marks are capable of being identified as valid trademarks. Therefore, in order to acquire a registration, a trademark must function as a trademark along with being distinctive.

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LexBlog IP

OCTOBER 25, 2021

A glaring issue with this practice is that many search terms in keyword advertising programs are already trademarked, and trademark owners have an affirmative duty to enforce their trademark rights. In August 2021 , 1-800 Contacts filed a complaint against Warby Parker alleging trademark infringement over search engine ads.

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Erik K Pelton

MARCH 11, 2022

In our continuing effort to combat trademark scams and raise awareness of this important issue, we have recently submitted comments to the FTC. Because there are many types of fraud and government impersonation, only a handful of other commenters mentioned trademark issues. ” More than 100 comments were submitted. .”

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LexBlog IP

FEBRUARY 1, 2023

Jack Daniel’s argued that the toy infringed on their trademark, as the shape of the whiskey [bottle] is closely associated with their brand. VIP Products, Jack Daniel’s, the maker of the popular whiskey brand, filed a lawsuit against VIP Products, a company that sells a dog toy shaped like a whiskey barrel.

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Technology & Marketing Law Blog

SEPTEMBER 23, 2021

ccBill held that “intellectual property” meant only “federal intellectual property” because otherwise this exception would expose Internet services to heterogeneous state laws that they couldn’t manage. In 2007, the Ninth Circuit in Perfect 10 v.

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Kashishipr

SEPTEMBER 20, 2021

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. The label in question was designed by an employee of SK Oil Industries. It further added that an individual could either own a registered trademark or copyright but not both.

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IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.

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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] Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3]

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IP and Legal Filings

FEBRUARY 20, 2024

Despite the judiciary’s efforts to address the concerns under current intellectual property laws like copyright and trademark, the absence of relevant and specific provisions for the protection of personality rights has started to pose a serious threat. National Law School of India Review , 31 (1), 125–148.

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Personality Rights Privacy Social Media Intellectual Property 62

Garrigues Blog

OCTOBER 25, 2021

The auction of NFT ( non-fungible tokens ), which we addressed in this post , comprising wearable works of digital art, has revolutionized the trademark industry. As far as legal aspects are concerned, the Intellectual Property Law could be of help here. Think for example of influencers.

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LexBlog IP

JUNE 21, 2023

We will look not only at the laws of the United States but at some other jurisdictions as well. A trademark using a name, portrait or signature associated with a living person may be rejected. Generally, the Trademark Office will not allow a mark associated with a living person without permission. Section 1209.03(x) Tam , 137 S.

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Registration Trademark Trademark Law Law 52

Kashishipr

SEPTEMBER 14, 2022

The courts in India protect barcodes and QR codes under the Trademark Law. The plaintiff also had a Trademark Registration certificate for the barcode with a pictorial design and ‘890’ therein in class 35 concerning certification services. Needle Industries (India) Pvt.

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LexBlog IP

FEBRUARY 23, 2022

The Journal of Business & Intellectual Property Law looks forward to its three panel discussions on Friday, Feb. This session will be followed by a panel conversation on the Role of Intellectual Property in SME. Patent and Trademark Office (USPTO). Panelists will include: Elizabeth Dougherty.

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