Likelihood of Confusion

JUNE 27, 2023

This was first posted on May 7, 2009. The post Best of 2009: Keeping it real — the ultimate use in commerce appeared first on LIKELIHOOD OF CONFUSION™. The TTABlog® reports, again, on the fraud issue, but that’s not what interests me here so much this time. Rather, it’s the.

Reporting 40

Reporting Trademark Law Trademark Law 40

Likelihood of Confusion

AUGUST 26, 2022

The post Best of 2009: The best of the best. Only Marc Randazza can put certain things in certain ways — and on those occasions when he’s actually right (like when he’s discussing law and not politics! ;-)), man, he’s. Of the bestest. appeared first on LIKELIHOOD OF CONFUSION™.

Law 52

Law Trademark Law Trademark 52

Likelihood of Confusion

SEPTEMBER 3, 2022

This was first posted on May 7, 2009. The post Best of 2009: “Keeping it real — the ultimate use in commerce” appeared first on LIKELIHOOD OF CONFUSION™. The TTABlog® reports, again, on the fraud issue, but that’s not what interests me here so much this time. Rather, it’s the.

Reporting 52

Reporting Trademark Law Trademark Law 52

The TTABlog

MARCH 1, 2023

The Trademark Reporter has published its latest "Annual Review" of U.S. Trademark Cases: " The Seventy-Fifth Year of Administration of the Lanham Act of 1946 ," by Theodore H. Meanwhile, the failure-to-function refusal seems to be gaining in popularity at the TTAB, although not so much with trademark practitioners. Welch 2023.

Reporting 87

Reporting Trademark Trademark Law Government 87

IP and Legal Filings

OCTOBER 20, 2022

In India, goods which are sold or distributed by weight, measure or numbers are regulated by The Legal Metrology Act, 2009 (hereinafter referred to as “the act”). 1] The Legal Metrology Act, 2009 (1 of 2010), s. 2] The Legal Metrology Act, 2009 (1 of 2010), s. 28] The Legal Metrology Act, 2009 (1 of 2010), s.

Advertising 71

Advertising Advertising Due Diligence Government 71

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Trademark violation raises significant issues. Cybersquatting is another type of trademark infringement.

Trademark 86

Trademark Social Media Advertising Advertising 86

Likelihood of Confusion

FEBRUARY 26, 2024

2009), which stands for the proposition that, yes, a domain name registrar can be liable for contributory trademark infringement arising from the directly infringing acts of its clients. [stextbox id=”info”] This is a summary and analysis of the decision in Transamerica Corp. Moniker Online Services, 672 F.Supp.2d

Trademark 98

Trademark Trademark Law Law 98

JD Supra Law

OCTOBER 19, 2023

The Trademark Trial and Appeal Board’s (Board) precedential decision in Chutter, Inc. Following the Federal Circuit’s 2009 In re Bose Corp. Great Management Group L.L.C. TTAB 2021) opened the door for cancellation actions and defenses based on a lowered intent requirement.

Trademark 65

Trademark Registration 65

IP and Legal Filings

FEBRUARY 2, 2024

However, what would happen if business houses wanted to trademark the name of the god they worshipped? As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited.

Trademark Law 89

Trademark Law Trademark Law Service Mark 89

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! 5361645).

Trademark 52

Trademark Registration Registering Trademarks Service Mark 52

Corsearch

FEBRUARY 22, 2024

Trademark infringement is the nightmare that keeps big brands up at night. In a world where maintaining a distinctive identity and protecting consumer trust is a constant battle, safeguarding your trademarks is crucial. What is trademark infringement? Let’s start with the basics; what is trademark infringement?

Branding 59

Branding Brands Branding Trademark 59

IP and Legal Filings

OCTOBER 30, 2023

Hence, it is no wonder that the battle for ownership of her trademark is also highly sought after. Barbie’s unique corporate identity, which includes its name, logo, and slogan, has always been carefully protected by trademarks thanks to Mattel’s vigilance.

Trademark 85

Trademark Branding Brands Branding 85

IP and Legal Filings

OCTOBER 23, 2023

Businesses may find it challenging to enforce trademark rights in online marketplaces because it can be challenging to locate infringers and hold them accountable. Effective trademark enforcement is essential in this situation for protecting the goodwill and financial interests of legitimate businesses.

Marketing 85

Marketing Marketing Trademark Registration 85

SpicyIP

FEBRUARY 10, 2023

Image from Rick Harrison, here Our readers may be aware of Section 12 in the Trademark Act 1999 which allows the registration of identical or similar trademarks by more than one proprietor in case of honest concurrent use of some special circumstances. But then came Raman Kwatra v. It claimed to have used the mark since 1954.

Trademark 119

Trademark Registration Trademark Law Law 119

Technology & Marketing Law Blog

JANUARY 2, 2023

Also, did the law ban delivery services from buying keyword ads based on the retailers’ trademarks? June 6, 2022): No initial interest confusion when the plaintiff’s trademark is included in the post-domain name URL. * 2009) (internal quotes and citations omitted). Compare Left Field Holdings v. 2022 WL 2784820 (C.D.

Trademark 85

Trademark Social Media Registering Trademarks Intellectual Property 85

Kashishipr

AUGUST 4, 2021

Several courts have had trouble in applying substantive Trademark Law to this field of technology. It may also be a proactive threat to trademark owners; thus, this article delves into the question of whether or not a name or logo of a cryptocurrency can function as a legitimate trademark. Understanding Cryptocurrency.

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Trademark Trademark Law Intellectual Property Ownership 105

SpicyIP

JULY 14, 2021

We are pleased to bring you a guest post by Tahhira Somal, exploring existing frameworks of non-conventional trademarks, particularly those of smell marks, and assessing their role in the protection of certain traditional cultural expressions. One type of such non-traditional trademarks is a smell or scent mark. Image from here.

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Trademark Registration Marketing Marketing 126

IP and Legal Filings

JANUARY 5, 2023

Trade Mark Act, 1999 (hereinafter referred to as “Act”) defines the term Trademark as “a mark which is capable of distinguishing a product or service of one person from those of others”. [1] The ‘Cycle’ trademark has been domestically and internationally used by the plaintiff since 1954 without anyone’s interruption.

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Trademark Branding Brands Branding 83

SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. Rosemount Inc. Satheesh Madhav and Anr.

Trademark 126

Trademark Invention Patent Art 126

Garrigues Blog

SEPTEMBER 29, 2021

Trademarks displayed in audiovisual works can be a real headache if the associated legal aspects fail to be taken into account. Both Spanish and European trademark laws and case law have shed some light in this regard. It is common practice in the audiovisual world to be particularly careful with any trademarks displayed on screen.

Trademark 52

Trademark Trademark Law Television Registering Trademarks 52

LexBlog IP

MAY 24, 2023

But although this phrase is used by many, two restaurant companies actually own TACO TUESDAY trademark registrations that they can assert as conclusive evidence of their exclusive rights to use the slogan and enforce those rights against anyone who tries to use the mark. Taco Bell is seeking to change that. The Lanham Act, which governs U.S.

Trademark 40

Trademark Cease and Desist Registration Trademark Law 40

Biswajit Sarkar Copyright Blog

JANUARY 17, 2022

Section 9(1)(a) 1 of the Indian Trademark Act, 1999 mentions lack of distinctiveness in the mark as one of the grounds for refusing registration of the mark. However, in India, there are numerous family enterprises where personal names and surnames have been registered as trademark. Personal Names As Trademark.

Trademark 52

Trademark Registering Trademarks Registration Licensing 52

Likelihood of Confusion

MAY 19, 2023

Frankly our sensibilities are too delicate to blog on this story, but that’s why there’s always the the Trademark Blog. Originally posted 2009-09-17. You’d hardly think it possible any more. The post “Scandal” at the TTAB appeared first on LIKELIHOOD OF CONFUSION™.

Blogging 52

Blogging Trademark Trademark Law Law 52

IP Tech Blog

APRIL 17, 2023

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. 32 of the Trademark Law requires that no trademark shall be registered if it collides with a prior unregistered mark that has acquired a certain or high reputation in China.

Trademark Law 57

Trademark Law Trademark Law Branding 57

Intepat

APRIL 7, 2022

A trademark is a distinct identifier that helps a person set himself or his product apart. For an average consumer, a trademark constitutes an identity of the product or service they plan to avail. Licensing and assignment are two methods for the transfer of trademark rights. To license, a registered user is a licensee.

Business 52

Business Trademark Licensing Branding 52

JD Supra Law

SEPTEMBER 24, 2021

In late 2016, MTV began developing “MTV Floribama Shore,” part of the “Shore” franchise that began with “Jersey Shore” in 2009. MTV planned to broadcast the premiere in November 2017. By: Jenner & Block

Trademark 52

Trademark 52

Intepat

APRIL 7, 2022

A trademark is a distinct identifier that helps a person differentiate himself or his product. For an average consumer, a trademark constitutes an identity of the product or service they plan to avail. Licensing and assignment are two methods for the transfer of trademark rights. How to Franchise your brand name.

Trademark 52

Trademark Licensing Branding Brands 52

Indiana Intellectual Property Law

DECEMBER 23, 2022

according to their website, was formed by Monte McClung in 2009 after a 20 year Career at Gema. The United States Patent and Trademark Office issued Patent Nos. 271 , Trademark Infringement, Trademark Counterfeiting, and Unfair Competition, False Designation of Origin, and False Advertising, under 15 U.S.C. §§ 114 and 1125(a). . §

Trademark 52

Trademark False Advertising Patent Registration 52

Garrigues Blog

DECEMBER 6, 2022

Can a well-known watch brand prevent the protection of another identical or similar trademark for other types of goods such as cosmetics? The possibility of consumers’ associating the goods of a particular trademark is greater when that mark is well-known.

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

MAY 30, 2023

Nonetheless, trademark infringement has grown to be a serious problem there, with legal repercussions for the owners. Thus, raising a very valid question that whether a themed restaurants violate trademark rights of the show it is based upon? Theft of trademarks may be a bigger issue for character-themed cafés.

Trademark 59

Trademark Business Intellectual Property Trademark Law 59

The IPKat

FEBRUARY 20, 2024

7(1)(e)(ii) Regulation No 207/2009 (signs which consist exclusively of the shape, which is necessary to obtain a technical result) in conjunction with Art. 7 [Absolute grounds] Regulation (EC) No 207/2009 and (b) the bad faith of the applicant on the day of filing, which are respectively the subject of Art.

Art 67

Art Registration Registering Trademarks Intellectual Property 67

IP Intelligence

OCTOBER 19, 2023

The Trademark Trial and Appeal Board’s (Board) precedential decision in Chutter, Inc. Following the Federal Circuit’s 2009 In re Bose Corp. Great Management Group L.L.C. TTAB 2021) opened the door for cancellation actions and defenses based on a lowered intent requirement.

Registration 59

Registration Trademark Litigation 59

LexBlog IP

APRIL 17, 2023

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. 32 of the Trademark Law requires that no trademark shall be registered if it collides with a prior unregistered mark that has acquired a certain or high reputation in China.

Trademark Law 52

Trademark Law Trademark Law Branding 52

IP and Legal Filings

MARCH 7, 2022

A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

Trademark 60

Trademark Law Registering Trademarks Branding 60

43(B)log

AUGUST 18, 2022

9, 2022) Interesting case about trademark preemption. Its maker, Applica, paid royalties to Black & Decker for the right to use the name and trademarks in selling small kitchen appliance. “[A] Wal-Mart Stores East, LP, No. A-1-CA-38023, 2022 WL 3221810, -- P.3d The coffeemaker evidently proved unsatisfactory, and the Pumas sued.

Trademark 64

Trademark Licensing Branding Brands 64

The IPKat

MAY 12, 2024

The dispute concerned the geographical indication "Salaparuta" for Sicilian wine, which received protection in Italy in 2006, and then was registered as a Protected Designation of Origin (PDO) by the European Commission in 2009. Duca di Salaparuta partially based their argument on Article 43.2

Registration 67

Registration Branding Brands Branding 67

IP and Legal Filings

MARCH 7, 2022

A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

Trademark 57

Trademark Law Registering Trademarks Branding 57