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

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. The post Best of 2009: The best of the best. 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

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

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

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

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. What are trademark owners’ rights in this case?

Trademark 52

Trademark Trademark Law Television Registering Trademarks 52

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 87

Marketing Marketing Trademark Registration 87

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

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 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 61

Trademark Law Registering Trademarks Branding 61

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

SpicyIP

OCTOBER 30, 2023

An interim injunction was granted to the plaintiff in 2009 and through the present judgement, the court decreed the suit in favour of the plaintiff. 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.

Patent Infringement 59

Patent Infringement Patent Art Invention 59

The IP Law Blog

FEBRUARY 3, 2022

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. purchased the business in 2009. First, trademark owners need to understand the seriousness of a trademark becoming generic.

Designs 52

Designs Design Trademark Branding 52

SpicyIP

NOVEMBER 8, 2023

They included stories of the Patent Agent examination, the Indian Innovation Act, the opening of the Trademark database, the presumption of patent validity, and the South Asian Basmati fights and more. This raised a question did the registrar of Trade Marks have the jurisdiction to revoke the ‘MANJAL’ trademark?, and Class 5.2

Trademark 59

Trademark Publishing Journalism Copyright 59

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.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

IIPRD

OCTOBER 17, 2022

Many big companies are getting ready to enter the world of Metaverse, for example, Nike for the purpose of selling virtual footwear and apparel in the virtual world of metaverse filed many trademark applications with the U.S These trademark applications consist of Nike’s logo “just do it” and air Jordan designs. Liden Research, Inc. ,

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

SpicyIP

FEBRUARY 27, 2024

More recently in 2020, Sankalp Jain discussed the copyright challenges in “Dreams,” a video game enabling user-generated content, arguing for the Indian copyright law’s limitations in addressing the the issues around the fan-made creations within the game. Relevant here are Arun C.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

LexBlog IP

FEBRUARY 3, 2022

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. purchased the business in 2009. First, trademark owners need to understand the seriousness of a trademark becoming generic.

Designs 40

Designs Design Branding Brands 40

Technology & Marketing Law Blog

JULY 17, 2023

the Supreme Court held that the Lanham Act does not reach trademark infringement that occurs outside of the United States (US). In addition, the opinion has important ramifications for domestic trademark law through its identification of “use in commerce” as the actionable domestic conduct. Hetronic International Inc. ,

Trademark 69

Trademark Blogging Litigation Law 69

Kashishipr

AUGUST 4, 2021

The presence of cryptocurrency is constantly growing, and therefore, it needs the law to transform along with it to address its administration and execution. Several courts have had trouble in applying substantive Trademark Law to this field of technology. Can Cryptocurrencies be Protected under the Trademark Law?

Trademark 105

Trademark Trademark Law Intellectual Property Ownership 105

SpicyIP

OCTOBER 23, 2023

Turtle ” order opining that use of a mark to pass a critical comment will not amount to an infringement of the trademark. In 2009, the Right to Information Act was still in its infancy and the judiciary, especially the Supreme Court, was an institution still cloaked in secrecy. and for passing the famed “ Tata v.

Intellectual Property 52

Intellectual Property Government Law IP 52

IP and Legal Filings

FEBRUARY 26, 2022

As a result, in order to obtain approval from the Indian Trademark Registry, a solid foundation of uniqueness of the mark, whether inherent or acquired, must be established in the first phase. ’ filed a suit for infringement of trademark against the defendants, ‘PP Buildwell Pvt. 29 of the Trademarks Act, 1999.

Registration 52

Registration Trademark Trademark Law Business 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. In his introduction, Ted Davis notes the decline in litigation under the Lanham Act, related state statutes, and the common law of unfair competition.

Reporting 87

Reporting Trademark Trademark Law Government 87

The IP Law Blog

SEPTEMBER 22, 2022

In order to prove a trade dress infringement claim, a plaintiff must show: (1) the trade dress is nonfunctional, (2) the trade dress has acquired secondary meaning, and (3) there is a substantial likelihood of confusion between [the plaintiff’s] and [the defendant’] products.” Art Attacks Ink, LLC v. 3d 1138, 1145 (9 th Cir.

Copying 98

Copying Marketing Marketing Advertising 98

IP and Legal Filings

DECEMBER 6, 2023

Protection Of Publicity Right As A Well-Known Trademark Although, publicity rights do not have any statutory protection per se in the Indian Law, but publicity rights in some form are protected by The Trade Marks Act, 1999 and The Copyright Act, 1957. OS) 1745/2009 Rajagopal and Ors. Entertainment Pvt. Baby Gift House and Ors.,

Privacy 99

Privacy Intellectual Property Law Intellectual Property Advertising 99