IP and Legal Filings

JULY 21, 2022

Chris Messina was the first to introduce hashtags on Twitter in 2007, and there has been no going back since. NEED FOR HASHTAGS TRADEMARK. The trend of registering hashtags as trademarks began in 2010, and the filing of such Trademark Applications has increased significantly ever since. HASHTAGS IN INDIA AND USA.

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LexBlog IP

DECEMBER 19, 2023

‘Twas a day in December, when all through the blog, we were writing ‘bout trademarks, as if in a fog. When, what to our wondering eyes should appear, but holiday trademarks, so lovely and dear. The PTO said, as it reviewed the files, we’ve got holiday trademarks, we’ve got ‘em in piles! Serial Nos.

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Kashishipr

JANUARY 12, 2022

Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection. Hashtags began to be first used on Twitter by Chris Messina in 2007, and since then, there has been no looking back. Why Take the Trademark Route?

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JD Supra Law

MARCH 27, 2024

The US Patent and Trademark Office (USPTO) recently updated its guidance for patent examiners and applicants in determining obviousness under 35 USC § 103, based on the US Supreme Court’s ruling in KSR Int’l Co. 550 US 398 (2007). Teleflex Inc.,

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Invention Trademark Patent 67

IP and Legal Filings

MARCH 28, 2023

Introduction The term “trademark dilution” refers to the unauthorised use of, and/or application for, a trademark that is likely to damage an established mark’s distinctiveness. Additional sorts include trademark dilution and free riding in the EU. This is known as trademark dilution.

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JD Supra Law

APRIL 23, 2024

Patent and Trademark Office (USPTO) has issued “Updated Guidance for Making a Proper Determination of Obviousness” under the U.S. 398 (2007). For the first time in nearly 15 years, the U.S. Supreme Court’s ruling in KSR Int’l Co. Teleflex Inc.,

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Trademark Patent 61

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 78

IPilogue

FEBRUARY 16, 2023

On November 7, 2018, Pest Control, Banksy’s authentication body, filed an EU trademark claim on behalf of the artist for Laugh Now. Trademark law allows Banksy to remain anonymous and maintain his mysterious artistic persona. Ultimately, the EUIPO declared the trademark registration of Laugh Now invalid. street artist Banksy.

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IPilogue

MARCH 10, 2023

The sportswear giant argued that the stripes were crucial to its brand identity and that Thom Browne’s use of similar stripes would dilute the distinctiveness of its trademark and cause confusion among consumers. This prompted Adidas to reach out to the designer in 2007, citing the similarity between the two brands’ designs.

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SpicyIP

MAY 30, 2024

from seeking rectification of FCB Garment Tex’s “IVANS” trademark. Inter alia, Vans Inc backed its arguments for rectification with its recent recognition as a well known trademark. For a well-known trademark, range of protection extends to dissimilar goods and services as well. The respondent, FCB Garment Ltd.

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JD Supra Law

MARCH 7, 2024

On February 27, 2024, the US Patent & Trademark Office (PTO) published updated guidance for examiners on how to make a proper determination of obviousness. Teleflex (2007) and Graham v. The guidance expands upon and reinforces the legal framework for obviousness determinations discussed by the Supreme Court in KSR Int’l.

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Publishing Trademark Law Patent 61

The TTABlog

AUGUST 22, 2023

Elgin, the Board’s membership now stands at twenty-seven (27) Administrative Trademark Judges. Prior Professional Experience : Trademark Examining Attorney; Assistant to the Assistant Commissioner for Trademarks; TTAB Staff Attorney; Education : B.A., The current roster is set forth below, beginning with Chief Judge Gerard F.

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Trademark Law Copyright 52

Likelihood of Confusion

APRIL 9, 2022

2007 WL 625920 (W.D. The post It’s not a trademark just because it’s yours appeared first on LIKELIHOOD OF CONFUSION™. Rebecca Tushnet’s 43(B)log reports on a decision in a case called Trott’s Woodproducts, Inc. American Cabinet Doors & More, Inc., Consumer sophistication can stave.

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Likelihood of Confusion

NOVEMBER 30, 2023

UPDATE: Is insanity a plea in a trademark infringement case? Originally posted 2007-05-09 17:31:23. “Andrew Sullivan of Instapundit”? Guys, whichever of you calls me first gets to retain me. Republished. The post Blog “brand confusion” appeared first on LIKELIHOOD OF CONFUSION™.

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IP Watchdog

FEBRUARY 28, 2024

Patent and Trademark Office (USPTO) published a notice in the Federal Register providing updated guidance for agency decision-makers on making proper determinations of obviousness under the U.S. Supreme Court’s 2007 ruling in KSR International Co. On February 27, the U.S. Teleflex Inc.

Law 52

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Patentably Defined

NOVEMBER 8, 2021

Since our founding in 2007, we have registered over 2500+ trademarks and patents for clients across the United States, including the Washington, DC area. We offer flat rates and fixed fees for trademark registration services in Washington DC.

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Registration Branding Brands Branding 40

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. Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India.

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Patently-O

JANUARY 10, 2023

What Every Patent and Trademark Lawyer Should Understand About the MPEP, TMEP, and Other Guidance: How to Use (and Defend Against) the MPEP to be a Better Advocate, by David Boundy – Boundy.2021.HowToUseGuidance.pdf. Patterson, Reestablishing the Doctrine of Patent Exhaustion , 2007 Patently-O Patent L.J. HowToUseGuidance.pdf.

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Journalism Trademark Patent Patent Law 56

The IP Law Blog

MAY 20, 2021

What happens when a junior trademark holder’s business becomes so popular and well known that it threatens to swamp the reputation of a senior mark holder? The senior mark holder brings a trademark infringement case alleging “reverse confusion” among its potential customers. After some discovery, Dropbox moved for summary judgment.

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IPilogue

JUNE 23, 2022

In May 2007, before the concept of name, image, and likeness became popularized by the USA’s NCAA ruling for college athletes, Nicklaus appears to have made a similar deal except it was for “exclusive rights to valuable intellectual property and services”. This agreement involved three parties: 1) Jack Nicklaus; 2) GBI Investors Inc.;

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Contracts Designs Design IP 119

The IPKat

NOVEMBER 29, 2023

It, however, appears that the sign Crompouce® was registered as a trademark with the Benelux Office for Intellectual Property (BOIP) already in 2020 and the design was registered as a Benelux design in the same year. In the media, a discussion emerged among Dutch IP professionals about whether Crompouce® is a valid trademark?

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Cease and Desist IP Trademark Designs 74

IPilogue

MARCH 27, 2023

Although the original Mickey Mouse’s copyright protection will expire at the end of 2023, Disney will still be able to protect the Mickey Mouse brand through trademark law. Mickey Mouse is protected as Disney’s property because it is a registered trademark.

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IIPRD

OCTOBER 28, 2023

ii] American media personality Paris Hilton used her now trademarked catchphrase “That’s Hot” in reality TV show The Simple Life routinely. She trademarked the term in February 2007, and since then, it has become her “signature catchphrase.” for using her trademarked phrase in their cards, thereby infringing on her rights.

Copyright Law 59

Copyright Law Branding Brands Branding 59

Likelihood of Confusion

JULY 25, 2023

Originally posted 2007-03-22 21:04:20. Joe Gratz shares none of McDonald’s McPain over its efforts to get “McJob” out of the dictionary. He’s right, of course. UPDATE: Related thoughts.) Republished by. The post Tough McNuggets appeared first on LIKELIHOOD OF CONFUSION™.

Trademark Law 52

Trademark Law Trademark Law 52

Biswajit Sarkar Copyright Blog

SEPTEMBER 12, 2023

Over the years, some businesses and individuals have attempted to trademark the phrase ‘Taco Tuesday’ for various purposes. Similarly, in the early 1980s, Taco John’s, a regional fast-food chain based in Wyoming, filed an application for registration of the trademark ‘Taco Tuesday’. 1572589 under Class-43 in favor of Taco John’s.

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Registration Trademark Business IP 88

Kluwer Copyright Blog

JUNE 24, 2021

The Copyright / Trademark Interface: How the Expansion of Trademark Protection Is Stifling Cultural Creativity. Case number: No. Court: United States Court of Appeals, Second Circuit. A full summary of this case has been published on Kluwer IP Law. by Tito Rendas. € by Martin Senftleben. €

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Copyright Fair Use Copyright Law Publishing 83

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.

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

U.S. Department of Commerce

MAY 20, 2021

Patent and Trademark Office (USPTO). Patent and Trademark Office (USPTO). Patent and Trademark Office (USPTO). As a primary patent examiner at the Commerce Department's United States Patent and Trademark Office (USPTO), I handle patent applications in the area of computer networking. Patent and Trademark Office.

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Trademark Patent Intellectual Property Government 52

Patently-O

OCTOBER 4, 2021

Boundy, Agency Bad Guidance Practices at the Patent and Trademark Office: a Billion Dollar Problem , 2018 Patently-O Patent Law Journal 20. Patterson, Reestablishing the Doctrine of Patent Exhaustion , 2007 Patently-O Patent L.J. Rai, The GSK Case: An Administrative Perspective, 2007 Patently-O Patent L.J. Chien.DeferringPSM ).

Art 126

Art Journalism Patent Law Invention 126

Patently-O

OCTOBER 4, 2021

Boundy, Agency Bad Guidance Practices at the Patent and Trademark Office: a Billion Dollar Problem , 2018 Patently-O Patent Law Journal 20. Patterson, Reestablishing the Doctrine of Patent Exhaustion , 2007 Patently-O Patent L.J. Rai, The GSK Case: An Administrative Perspective, 2007 Patently-O Patent L.J. Chien.DeferringPSM ).

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Journalism Art Patent Law Invention 105

SpicyIP

OCTOBER 30, 2023

A legal notice had been issued to the defendant on September 27, 2007 and this was subsequently followed by an interim injunction on September 10, 2009. Using this basis for 2 years (2007-09), it arrived at a total amount of INR 5 crores of the kettle (with the suit patent) sold.

Patent Infringement 59

Patent Infringement Patent Art Invention 59

TorrentFreak

SEPTEMBER 2, 2021

This idea is supported by a new working paper published by the US Patent and Trademark Office (USPTO). Its introduction in 2001 was sudden, the technology is ideally suited for software piracy, and it wasn’t notably interrupted during the sample period which ends in 2007. Patent and Trademark Office. Subscriptions.

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Technology Trademark Copyright Music 145

Technology & Marketing Law Blog

FEBRUARY 4, 2023

He registered “scottrigsbyfoundation.org” with GoDaddy.com in 2007. As did the District Court, the 9th Circuit sidesteps that the non-trademark Lanham Act claim should be covered by Section 230 per its Malwarebytes ruling. They have gotten rarer, and the Gonzalez opinion may make them extinct. ” State Law Claims.

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Registration Privacy Blogging Publishing 90

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. In May 2007, the label mark ‘SOYA DROP’ was registered. It further added that an individual could either own a registered trademark or copyright but not both. Concluding Remarks.

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The IPKat

JULY 30, 2023

Over to Theodora: Second-hand fashion and trademark rights’ exhaustion under EU law, a guide for brand owners to “wear” this new trend by Theodora Goula Every day, more and more consumers are joining the second-hand fashion movement. However, how can trademark owners know for sure where second-hand products were initially put on the market?

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Branding Brands Branding Advertising 97

43(B)log

OCTOBER 1, 2021

This is consistent with trademark doctrine, which considers misspellings identical in meaning because consumers can't necessarily spell.) Kellogg USA, 2007 WL 4766060 (C.D. 19, 2007), which held that the “Froot” in “Froot Loops” was not misleading in part because it “appear[ed] in the trademarked name of the cereal, not.

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Selvam & Selvam Blog

APRIL 4, 2021

41 /2007-Customs dated October 29, 2007. Photo by dashu83. Customs Recordal in India & Limitations with Renewal. The period of customs recordal is 5 years or until the expiry of the relevant intellectual property right, whichever is earlier. 1] The Rules previously provided protection for patents as well. 2] Circular No.

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