Erik K Pelton

DECEMBER 20, 2022

The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.

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Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

IP and Legal Filings

NOVEMBER 1, 2023

Frank Schechter which says that a common (Generic) name can be registered by anyone, but no one has the exclusive right to that trademark, For instance, the renowned brand Apple has its trademark registered under various classes but the word ‘apple’ diluted under class 29 of the food category.

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Trademark Registering Trademarks Branding Brands 93

Erik K Pelton

DECEMBER 31, 2021

Top Trademark Trends of 2021. 2021 was a busy year in the world of trademarks. The uncertainties of COVID in a second year couldn’t stop huge application filing numbers and many developments in the world of trademarks. Trademark scams continued to proliferate, despite some increased efforts to crack down.

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Editing Non-Fungible Tokens Trademark All Rights Reserved 147

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 82

Technology & Marketing Law Blog

NOVEMBER 11, 2023

The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines, Car-Freshner has turned into a serial plaintiff, though this is my first time blogging them in-depth. I see potential legitimate trademark defenses for the design. This ruling highlights the legal risk.

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Trademark Contracts Blogging Fair Use 91

Garrigues Blog

APRIL 23, 2024

The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. regarding the use of the ZARA trademark, as previously discussed here.

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IPilogue

AUGUST 2, 2021

European trademark law requires genuine use of a trademark to maintain registration. Lack of use may cancel a trademark’s registration; as well, any oppositions based on a trademark without genuine use may not withstand a non-usage defense. . Candidate at University of British Columbia. .

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Erik K Pelton

DECEMBER 28, 2020

And trademarks have been along for the ride. While there were not, in my opinion, any major court developments affecting trademark owners, there have been many other events and changes that have impacted the world of trademarks over the past 12 months. The year’s biggest story impacted trademarks in a few different ways.

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IPilogue

OCTOBER 17, 2022

Interestingly, Apple first filed the trademark for Dynamic Island with the Jamaican Intellectual Property Office (“JIPO”) back in July before filing it in the U.S. In this case, Apple filed the trademark application for Dynamic Island on July 12, 2022, in Jamaica, a member of the Paris Convention which recognizes the right of priority.

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Indiana Intellectual Property Law

OCTOBER 6, 2023

Celina, Texas – Plaintiff, Nickels and Dimes Incorporated is suing LaPorte, Indiana company, Noah’s Arcade, LLC d/b/a Full Tilt , for infringement of its federally registered trademark TILT, in association with arcade , amusement, and entertainment services, under Section 32(1) of the Lanham Act, 15 U.S.C.

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IP and Legal Filings

JULY 21, 2022

NEED FOR HASHTAGS TRADEMARK. Even while registering one’s hashtags as trademarks does not prevent others from using that hashtag, a registered hashtag trademark is still quite valuable in today’s highly competitive industry. HASHTAGS IN INDIA AND USA.

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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. The trend of incentivizing hashtags as trademarks began way back in 2010, and since then, the filing of such Trademark Applications has spiked globally.

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Trademark Registration Registering Trademarks Social Media 105

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

LexBlog IP

AUGUST 16, 2021

IPNews® – On August 12, 2021, Louis Poulsen A/S submitted a trademark opposition against Google for the trademark “Nest” The trademark cited in the opposition notice relates to the LP Nest brand — which filed for registration back in June 2010.

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IP and Legal Filings

AUGUST 4, 2023

To prevent the undue usage of their goodwill and branding celebrities used to get their names registered under the trademark act. LAW RELATING TO REGISTRATION OF NAMES AS TRADEMARKS IN INDIA There is not any particular provision that prohibits celebrities to register their name as trademarks in India under the trademark act, of 1999.

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SpicyIP

AUGUST 8, 2023

When assessing whether a plaintiff in a trademark infringement suit is entitled to an interim injunction, the findings of courts on the 3 factors of prima facie case, balance of convenience and irreparable harm are typically uniform, either supporting the grant of an injunction or its refusal. Rahul is an attorney at Ira Law.]

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Garrigues Blog

FEBRUARY 5, 2024

A judgment from the Court of Justice of the European Union (CJEU) clarifies the scope of third-party use of trademarks, taking into account the changes introduced in the European Directive on trademarks. regarding the use of the ZARA trademark. The Commercial Court No.

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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. Kristen Osenga, The Patent Office’s Fast Track Will Not Take Us in the Right Direction , 2010 Patently-O Patent L.J.

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The IPKat

MARCH 24, 2023

On Jan 11th, the General Court in T-346/21 – Hecht Pharma v EUIPO – upheld a decision that a trademark was not to be revoked as the proprietor had proved genuine use. Background Gufic Pharmaceuticals, a manufacturer of Ayurvedic medicines, registered in 2010 the word mark “Gufic” for goods in Classes 3, 5, and 29. Not a trademark?

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Trademark Advertising Advertising Trademark Law 85

Likelihood of Confusion

OCTOBER 10, 2021

Originally posted 2010-09-13 10:50:42. The post Yes, you can get your trademark judgment enforced in a foreign country! Uh, not really. Not in this lifetime. But you can get it enforced in Canada, which is the next best thing. Republished by Blog Post Promoter. appeared first on LIKELIHOOD OF CONFUSION™.

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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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IP and Legal Filings

SEPTEMBER 27, 2021

The dispute concerning trademarks is much common. The applicant Cole Haan LLC filed for registration of figurative sign Ø as an EU trademark under Nice Classes 18 and 25, which includes suitcases, bags, and clothing. The post Protecting Your Trademark: What About Letters? first appeared on IPLF.

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IP and Legal Filings

FEBRUARY 20, 2022

Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. Under trademark law, however, phrases are frequently deemed not to disclose the commercial origin of products or services, which is a trademark’s primary role. 2017/1001 and thus can be registered as a trademark.

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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

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. When Multiple Plaintiffs/Relators Sue for the Same Act of Patent False Marking , 2010 Patently-O Patent Law Journal 95 ( matthews.falsemarking.pdf ). 7 (2010) ( Reines.2010 BadGuidance ).

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Art Journalism Patent Law Invention 125

IP and Legal Filings

FEBRUARY 9, 2022

(“Bluetooth”) owns various trademark registrations which it licenses to other companies to use in promoting a product’s Bluetooth-compatibility. Bluetooth became aware that FCA was using its trademarks without satisfying the requirements and sued for trademark infringement. The court denied FCA’s motion to dismiss.

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IP Watchdog

JULY 19, 2022

METAx, LLC (Meta) was founded in 2010 by Justin “JB” Bolognino, who is described in the complaint filed in the U.S. Meta has continuously used the term “META” as part of a composite mark, and has been commonly referred to as Meta in trade and commerce, since 2010. A small business owner is suing Meta Platforms, Inc.,

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Intellectual Property Business Technology Law 116

Likelihood of Confusion

SEPTEMBER 3, 2023

[stextbox id=”alert”]This is a summary and analysis of the recent (August 2, 2010) decision in Rosetta Stone Ltd. 2010 WL 3063152 (E.D. Google Inc., The case has been. The post Rosetta Stone v. Google: Lost in translation appeared first on LIKELIHOOD OF CONFUSION™.

Trademark Law 59

Trademark Law Trademark Law 59

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. When Multiple Plaintiffs/Relators Sue for the Same Act of Patent False Marking , 2010 Patently-O Patent Law Journal 95 ( matthews.falsemarking.pdf ). 7 (2010) ( Reines.2010 BadGuidance ).

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Journalism Art Patent Law Invention 104

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.

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Trademark Law Registering Trademarks Branding 61

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

Apparently due to this notoriety, Poulsen obtains patent and trademark protection for its roses throughout the world, including the United States. According to the Complaint, Poulsen developed a unique currant red hybrid tea rose variety branded with the trademark INGRID BERGMAN (the “Mark”) in the early 1980s. Federal Trademark Reg.

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JD Supra Law

OCTOBER 14, 2022

He quickly made a name for himself, leading his Spanish team Real Madrid to the 2018 EuroLeague title, while also winning EuroLeague MVP, EuroLeague Final Four MVP, ACB Best Young Player, and ACB Most Valuable Player honors and participating in the EuroLeague 2010-2020 All-Decade Team. By: Dorsey & Whitney LLP

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JD Supra Law

JULY 21, 2022

The Complaint - Facebook’s corporate entity Meta Platforms has been sued for trademark infringement based on the corporate name “Meta” which it adopted in October 2021. Since 2010, MetaX LLC has developed experiential and immersive technologies using augmented, virtual, and extended reality for special events and promotional use.

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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.

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Greenspoon Marder LLP

JULY 1, 2019

a case involving the question of whether profit awards in trademark cases require evidence that the infringer acted “willfully.” Fossil, Inc.,

Intellectual Property 52

Intellectual Property Blogging Trademark Branding 52

Likelihood of Confusion

MAY 19, 2022

Sander Gelsing, Canadian Patent and Trademark Trade Mark Lawyer, picks up on a doozy. Originally posted 2010-05-26 12:48:34. Republished by Blog Post Promoter. The post Talk about your business method patents! appeared first on LIKELIHOOD OF CONFUSION™.

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Business Patent Blogging Trademark 52

IPilogue

MARCH 31, 2022

In the first presentation, Carolina Arias Burgos, an economist at the European Union Intellectual Property Office , discussed trademark filing as a leading indicator of the state of the European economy. Their research shows that pandemic-era trademark activities fundamentally changed in the application text context.

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