Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Characters are often protected by copyright, even if their fashion is not, but they are also routinely protected by trademark. Trademark infringement, however, isn’t like copyright.

Trademark 243

Trademark Copyright Cease and Desist Copying 243

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.

Litigation 59

Litigation Trademark Registering Trademarks Registration 59

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.

Trademark 59

Trademark Registering Trademarks Registration False Advertising 59

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.

Trademark 86

Trademark Social Media Advertising Advertising 86

Patent Trademark Blog

APRIL 28, 2022

In contrast, many foreign countries give trademark rights to the first filer. US trademark law is different. What can a common law trademark owner do? Even without a registered trademark, a common law trademark owner can still have significant rights.

Trademark 52

Trademark Law Cease and Desist Registration 52

Erik K Pelton

MAY 28, 2024

Pelton & Associates, PLLC ® (“EMP&A”), in response to the Notice of Proposed Rulemaking, published on March 26, 2024, in the Federal Register at 89 Fed. trademark prosecution, maintenance, and litigation. 20,897 (March 24, 2024) (“Rulemaking”). Since 1999, EMP&A has represented thousands of clients in U.S.

Registration 147

Registration Trademark Business Reporting 147

IP and Legal Filings

OCTOBER 31, 2022

The objective of the Singapore Treaty is to create a modern and dynamic international framework for the harmonization of administrative trademark registration procedures. The Singapore Treaty is applicable to all types of marks registrable under the law of a given Contracting Party.

Trademark 52

Trademark Contracts Intellectual Property Registering Trademarks 52

IP Tech Blog

MARCH 23, 2022

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. Even if you do not (yet) want to offer NFTs or other digital assets, it is advisable to take precautions under trademark law now.

Trademark 57

Trademark Branding Brands Branding 57

LexBlog IP

MARCH 23, 2022

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. Even if you do not (yet) want to offer NFTs or other digital assets, it is advisable to take precautions under trademark law now.

Trademark 52

Trademark Branding Brands Branding 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. The Difficulty Faced in Proving Secondary Meaning.

Trademark 52

Trademark Designs Design Marketing 52

SpicyIP

MAY 30, 2024

On this, the Court expressly held that the recognition as a well known mark will not give Vans an automatic, unabridged right to apply for rectification of FCB’s trademark. Surabhi is a recent graduate from Hidayatullah National Law University, Raipur. Latha Nair) on preservation of the mark’s distinctiveness and reputation.

Trademark 45

Trademark Marketing Marketing Registration 45

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

LexBlog IP

FEBRUARY 29, 2024

Trademark law has something to say about use. Consider the difference between copyright law — which is meant to encourage creativity for the benefit of society–and trademark protection, which is about identifying the source of goods and services and avoiding consumer confusion. 3] CA Copyright Act, s.

Public Domain 52

Public Domain Intellectual Property Copyright Trademark 52

Intepat

DECEMBER 6, 2022

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. There have been various landmark judgements which have not only highlighted cardinal principles of trademark law but have also given a nuanced understanding of how Courts interpret statutory trademark provisions.

Trademark 98

Trademark Trademark Law Registering Trademarks Law 98

IP and Legal Filings

MAY 17, 2022

As a part of our comprehensive service, we conduct searches for the official trademark registry and also on the internet to determine whether or not the potential trademark is identical or confusingly similar to other registered trademarks. This being an important part makes the brand owner avoid any further litigation.

Registration 52

Registration Trademark Trademark Law Publishing 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.

Trademark 110

Trademark Fair Use Registration Licensing 110

SpicyIP

MARCH 25, 2024

Sunanda Bharti on the Michelin Stars and its interaction was trademark laws. Bharti is a Professor of Law at Delhi University, and her previous posts can be accessed here. Image from here Mischief, Manifestation, and the Michelin Trademark! What is a Michelin Star in Terms of Intellectual Property Law?

Trademark 45

Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

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.

Government 105

Government Trademark Patent Patent Application 105

LexBlog IP

APRIL 19, 2023

The purpose of a trademark is to prevent consumer confusion about the source of the corresponding product. “Trade dress” is a subsection of trademark law and protects the design and shape of a product or its packaging, again to identify the source of the product. Registering trademarks with the U.S.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

SpicyIP

FEBRUARY 22, 2023

The controversy was regarding the use of a similar logo by the defendant (another lawyer) for its law firm. In the course of the litigation, the defendant argued that there cannot be a monopoly on the publicly available font ‘Edwardian Script ITC’, which was used in their logo. Tiya Law Library & Ors.

Trademark 98

Trademark Law IP Intellectual Property 98

SpicyIP

SEPTEMBER 8, 2023

A trio of recent orders from these cases has raised both eyebrows and hopes of IP litigators for witnessing a shift in the Court’s stance on granting ex parte interim injunctions to be considered not only on procedural grounds but also on substantive grounds.

Registration 111

Registration Trademark Marketing Marketing 111

SpicyIP

AUGUST 20, 2023

Aditya is an attorney at Ira Law and represents Google in trademark litigation relating to keyword advertising. He graduated from National Law University, Jodhpur and then pursued a masters in law from Harvard Law School.

Advertising 97

Advertising Advertising Trademark Branding 97

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2022

TTAB Cancellation Actions: Terminating an Infringing Trademark Registration. Since cancellation proceedings involve registered marks, there may be an increased likelihood that the mark has already been used in commerce and thus is subject to district court litigation.

Registration 52

Registration Trademark Litigation Blogging 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.

Registration 63

Registration Trademark Trademark Law Marketing 63

azrights

OCTOBER 18, 2021

No amount of protection will help you if the choice of name is a poor one or if you rely on brand identifiers that you can’t trademark. Therefore, trademark laws should guide your decisions of names and identifiers by which to visually stand out. Trademarks impact what you should choose to create.

Branding 52

Branding Brands Branding Trademark 52

The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. Likewise, it makes no sense for a company not to have a firm understanding of its potential intellectual property assets.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

43(B)log

NOVEMBER 8, 2023

Trademark: In Jack Daniel’s v. VIP Products, the Court held that it did not need to apply or even decide the validity of a speech-protective limit on trademark law designed to prevent trademark owners from shutting down expressive works that comment on trademarks, known as the Rogers test.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’ve left out the parts specific to registered trademarks and the reference to treaties.

Trademark 59

Trademark Fair Use Registration False Advertising 59

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 143

IP Intellectual Property Copyright Trademark 143

LexBlog IP

JULY 21, 2021

But just a quick look at the USPTO’s Trademark Electronic Search System (or TESS ) databases reveals many live deistic trademarks include as all or part of a U.S. registered trademarks: Elohim—4. ” Evans (2014) at 12. Jehovah–8. El Shaddai—1 (for computer programs).

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52