Traverse Legal Blog

JULY 14, 2022

If the infringer does not comply, this cease and desist letter now becomes evidence in your trademark infringement litigation. If a cease and desist letter does not clear up the matter, then it may be time to litigate. Were you using your trademark before the alleged infringer? Has your trademark registration ever lapsed?

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Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 5, 2021

We have covered several introductory topics about 337 Investigations at the International Trade Commission (ITC) through the lens of its most common context [1] —as another forum for patent litigation. [2] 3] However, patent litigation is but one potential use of this forum. What are the Benefits of Litigating at the ITC?

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Litigation Cease and Desist Patent Infringement Intellectual Property 52

Above the Fold

MARCH 31, 2022

Provides the right to use the ® registered trademark symbol in conjunction with the trademark. Serves as a basis for filing a trademark infringement lawsuit in federal court. Provides a presumption of validity for the registered trademark. Provides a presumption of ownership of the registered trademark.

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Registration Trademark Registering Trademarks Ownership 98

IP Watchdog

APRIL 10, 2023

Chipotle has numerous registered trademarks for variations on the word CHIPOTLE in relation to its restaurant and food, including stylized versions in various fonts. Last week, Chipotle filed a complaint against Sweetgreen for naming its new menu item “Chipotle Chicken Burrito Bowl”. Chipotle Mexican Grill Inc. Sweetgreen Inc.,

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IP Watchdog

OCTOBER 19, 2023

Patent and Trademark Office (USPTO) Trademark Trial and Appeal Board (TTAB) cannot cancel a trademark based on the filing of a fraudulent declaration under Section 15 of the Lanham Act. Section 15 of the Lanham Act deals with acquiring incontestability status for an already-registered trademark.

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Patent Trademark Blog

MARCH 31, 2022

Don’t even think about being cheap when it comes to trademark registration. Without a properly registered trademark, you’ll end up with fewer options and greater costs to enforce your limited trademark rights. So how can you enforce a registered trademark inexpensively?

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Intellectual Property Cease and Desist Registering Trademarks Litigation 52

The TTABlog

JANUARY 24, 2023

claiming trademark infringement and dilution of two registered trademarks for medical gloves, one mark consisting of the color purple and the other the color gray. The Board suspended the cancellation proceeding pending the outcome of the litigation. O&M Halyard brought a civil action against Sri Trang US, Inc.,

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SpicyIP

MARCH 10, 2024

Facts of the Case In this case, the Plaintiff, an incorporated company engaged in the manufacturing of dairy products under the trademark ‘NOVA,’ filed a suit against the Defendants for infringement and passing off of their registered trademark.

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IP Watchdog

AUGUST 11, 2021

EWC P&T, LLC in which the appellate court affirmed a ruling by the Southern District of Florida granting summary judgment to EWC, the owner of the nationwide European Wax Center chain of beauty salons, on cybersquatting claims filed against the owner of several GoDaddy domains that were registered in bad faith to profit from EWC’s stores.

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IP and Legal Filings

OCTOBER 26, 2023

A well- known trademark helps the consumers in spotting the difference between similar products by educating them about the product which results in informed choices. The trademark owners enjoy monopoly and exclusive proprietary rights of their trademarks through the law of trademark protection.

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Cease and Desist Trademark Registering Trademarks Business 99

LexBlog IP

MARCH 31, 2022

Provides the right to use the ® registered trademark symbol in conjunction with the trademark. Serves as a basis for filing a trademark infringement lawsuit in federal court. Provides a presumption of validity for the registered trademark. Provides a presumption of ownership of the registered trademark.

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Registration Trademark Registering Trademarks Ownership 52

Canadian Intellectual Property Blog

JUNE 22, 2022

Bill 96 will have a significant impact on the use of English trademarks in the Province of Québec. For example, whereas in the past, both unregistered and registered trademarks did not need to be translated into French, under Bill 96, only registered trademarks will be exempt from translation into French.

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Trademark Law Trademark Law Registering Trademarks 52

LexBlog IP

JUNE 13, 2022

Brand owners are obviously concerned about protecting their brand, and there is oftentimes a registered trademark underlying the brand, which is supposed to grant the brand owner certain rights. Though the case came out in favor of the filmmaker, it still resulted in costly litigation.

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Trademark Registering Trademarks Branding Brands 52

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

This is especially important when the opponent has not yet started using the trademark with a service or good, as this may prevent the challenging party from suing in district court. Often TTAB oppositions are resolved quicker than district court litigations because the opponent has not invested heavily in the mark. Specialized Judges.

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Litigation Trademark Registering Trademarks Registration 59

Patent Trademark Blog

JANUARY 26, 2023

You can use a cost-effective strategy for registering and enforcing trademarks, but a reasonable investment will be required. These costs, however, should pale in comparison to the costs of litigation. In addition to reducing costs, saving time in trademark enforcement is a huge advantage.

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IP and Legal Filings

OCTOBER 31, 2022

If an individual or company wants to register their trademark in another country, they will have to do it in those countries or they can proceed with an international registration through the Madrid Protocol. A registered trademark is considered valid for 10 years.

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IP and Legal Filings

SEPTEMBER 21, 2022

The Trademarks Act, 1999, as: Section 29 of the act states that, the infringement of Trademarks is caused when: When the mark is similar or identical to the trademark that is registered or it has been used in relation to the similar kind of business or services.

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Trademark Registering Trademarks Business Marketing 52

IP Tech Blog

MARCH 23, 2022

Why you need new trademark registrations now. There is a surging number of new applications submitted to the EUIPO, the UKIPO and the USPTO seeking to register trademarks for use of their brand in virtual reality. In both the real world and the Metaverse, this data can then be used to increase sales and brand awareness.

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Patent Trademark Blog

APRIL 5, 2022

First, the mark in the new application must be identical to the canceled or expired registered trademark. Second, the goods or services in the new application must be identical or narrower than those in the canceled or expired trademark registration. What situations would not support making a trademark application special?

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LexBlog IP

MARCH 23, 2022

Why you need new trademark registrations now. There is a surging number of new applications submitted to the EUIPO, the UKIPO and the USPTO seeking to register trademarks for use of their brand in virtual reality. In both the real world and the Metaverse, this data can then be used to increase sales and brand awareness.

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Trademark Branding Brands Branding 52

Plagiarism Today

OCTOBER 26, 2021

Characters are often protected by copyright, even if their fashion is not, but they are also routinely protected by trademark. The name Beetlejuice, for example, has multiple registered trademarks related to it including registration number 4863369, which covers the use in “Clothing for men, women and children…”.

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Trademark Copyright Cease and Desist Copying 248

azrights

OCTOBER 27, 2021

While Coca-Cola litigated against these copyists, the cases took years to produce results so Coca Cola decided to develop a unique bottle shape that even illiterate customers would be able to distinguish from imitators. Litigation. Enforcing your registered rights is an important way to protect your brand’s distinctiveness.

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Branding Brands Branding Copying 52

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. This case saw the issuance of several marks.

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Trademark Branding Brands Branding 96

Patently-O

DECEMBER 20, 2022

I think of these generally as “smart wallets” but I learned today that the company Storus has a registered trademark for that term. But, for over 150 years the courts have hotly questioned and challenged the credibility of self-serving prior art that first comes to light during the litigation. Mosaic Brands, Inc.

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LexBlog IP

APRIL 19, 2023

A mistake commonly made by Amazon sellers is putting the seller’s trademark on a product that was originally made by a third party without ensuring proper authorization was obtained from the third party to do so. This can lead to expensive “false marketing” litigation. Registering trademarks with the U.S.

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Intellectual Property Law Intellectual Property Law IP 52

Technology & Marketing Law Blog

OCTOBER 17, 2022

GmbH has registered trademarks in the dictionary word “Emoji.” This means the term “emoji” is generic with respect to the dictionary definitions and Emojico’s litigation empire should crumble. The trademark registrations discourage that outcome.

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SpicyIP

SEPTEMBER 11, 2023

Section 130 and Rule 116 empower the Controller to remove the name of a patent agent from the register if s/he is found to be guilty of professional misconduct. under Section 5 of the Legal Practitioner’s (Fees) Act, 1925 ), the Patent and trademark agents can also be made liable for their negligence and liable to be disqualified.

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Traverse Legal Blog

NOVEMBER 16, 2021

issued patents , pending patent applications, registered trademarks, pending trademark applications , copyrights , trade secrets , etc.) Are there any active litigation and/or administrative proceedings (e.g. correspond to the most important products/services of the target and to those of the potential buyer.

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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. The Difficulty Faced in Proving Secondary Meaning.

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Patent Trademark Blog

MAY 31, 2023

In declaratory judgment litigation, the positions are reversed. Normally the defendant, the accused infringer is now the plaintiff seeking a judgment declaring that they do not infringe your patent or trademark. A larger company with more financial resources can use the high cost of litigation as a weapon to get what they want.

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Cease and Desist IP Trademark Registration 52

Kashishipr

MAY 5, 2021

The maximum number of cases are witnessed in the software industry wherein statistics project that as many as 74 percent of the patents issued are being litigated. These claims are ultimately easier and cheaper for competing companies in the market to settle rather than to litigate.

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SpicyIP

MARCH 25, 2024

Since the Indian Trademark Registry website is inaccessible because of ‘scheduled maintenance activity’, the author couldn’t verify the registration status of ‘Michelin Star’ in India. The Delhi-based restaurant’s wrongful display of the ‘Michelin plate’ plaque misrepresents its status to the public.

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LexBlog IP

OCTOBER 20, 2023

On Wednesday, a divided panel of the Federal Circuit issued a precedential decision reversing the USPTO’s cancellation of a registered trademark (Great Concepts, LLC v. Patent and Trademark Office or in the courts. However, as previously discussed, the cancellation proceeding (and related litigation) were still ongoing.

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Registration Registering Trademarks Trademark Ownership 52

The IPKat

FEBRUARY 20, 2024

CeramTec and Coorstek have also been litigating in the US, Switzerland and Germany. Since then, the ruling was appealed to the Paris Appeal Court, which upheld the judgment. It subsequently reached the Cour de Cassation, which returned the case to the Paris Appeal Court. Comment The concept of bad faith is not defined in EU trade mark law.

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LexBlog IP

NOVEMBER 10, 2022

The Court of Rome sets a landmark precedent by granting an injunction against the creator of NFTs displaying images of a football player, reproducing without authorization the registered trademarks owned by Italian football club Juventus FC. An English translation of the judgement is available here.

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Non-Fungible Tokens Trademark Marketing Marketing 52

SpicyIP

DECEMBER 5, 2022

It seems like there are two issues involved in this litigation- first, regarding use of confidential information and second, concerning passing off. The Plaintiff had alleged that the Defendants’ use of identical mark is infringing its registered trademarks, copyright and is also causing confusion in minds of the purchasing public.

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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.

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Intellectual Property IP Copyright Infringement Copyright 72