Erik K Pelton

DECEMBER 28, 2020

The number of applications filed, and registrations granted in FY2020 both grew over the prior year, to the highest in history. trademark registrations! Hundreds of trademark applications filed this year referenced masks , COVID, quarantine, social distancing, and other pandemic topics. 2015: [link]. 2018: [link].

Trademark 130

Trademark All Rights Reserved Registration Branding 130

IP and Legal Filings

OCTOBER 26, 2023

In its process to debunk the claims Daily basket through its website also mentioned That except the word basket there existed no similarities or trademark violations in the brand logo and the name,colour and font itself was different. [4] 4] That Daily Basket had an entirely different user interface and the get-up was also way different.

Cease and Desist 99

Cease and Desist Trademark Registering Trademarks Business 99

IP and Legal Filings

MARCH 28, 2024

Many film titles or names like Dhoom (ID: 1319835), Padman (ID: 3749859), 3 Idiots (ID: 1940729), and Singham (ID: 3672533), have been registered as a service mark under class 41, of the fourth schedule of the Trademark Rule, 2001. These registrations aid in allocating precedence. This idea sort of gets the job done of a copyright.

Cinema 82

Cinema Copyright Blogging Registration 82

The TTABlog

JANUARY 10, 2022

McCarthy , the leading treatise on trademark law explains that “[t]he concepts of ‘generic name’ and ‘trademark’ are mutually exclusive. The party opposing registration has the burden to prove genericness by a preponderance of the evidence. Hyatt , 566 U.S. 431, 446 (2012); see also Shammas v. Focarino , 784 F.3d

Trademark Law 98

Trademark Law Trademark Registration Government 98

IP and Legal Filings

OCTOBER 4, 2022

A very interesting and unorthodox legislative style from the UAE legislator was to introduce an opening provision clarifying the policy behind the Law. Trademarks are protected by registration with the IP Department. A GCC Trademark Law was issued in 2006. No doubt this approach will help the Courts.

Intellectual Property 52

Intellectual Property Law Business Designs 52

LexBlog IP

DECEMBER 21, 2021

The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce.

Trademark 40

Trademark Registration Intellectual Property Litigation 40

Garrigues Blog

JANUARY 10, 2023

As a result, it will only be possible to submit claims at the commercial courts, in the form of a counterclaim, in trademark infringement proceedings. Royal Decree-Law 23/2018 , which transposes Directive 2015/2436 relating to trademarks, introduces this change in legislation. How much will it cost to file a claim?

Trademark 52

Trademark Patent Trademark Law Law 52

Intepat

MAY 16, 2023

The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks. 14 provides that if anyone files an application for the registration of a trademark, the consent of the living person must be taken and it should not be falsely or fraudulently obtained.

Branding 98

Branding Brands Branding Personality Rights 98

The IP Law Blog

FEBRUARY 3, 2022

This case began with a 2015 application by Interprofession du Gruyère, a Swiss registered association, and Syndicat Interprofessionnel du Gruyère , a French syndicat for a certification mark GRUYERE. INTERPROFESSION DU GRUYÈRE, et al., DAIRY EXPORT COUNCIL, et al.,

Designs 52

Designs Design Trademark Branding 52

The IP Law Blog

APRIL 1, 2021

This was apparently untrue and in a separate 2008 proceeding, the PTO concluded that this was a false statement, at least as to boots, and cancelled TA’s registration of the METAL mark. Topolewski almost immediately reapplied for the mark, this time through Metal Jeans, which obtained the “METAL” registration in 2013.

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

MARCH 7, 2022

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. The trademark legislation of 1999 protects Indian trademarks. If a mark or logo is used with the permission of the authorised person, it is not considered a trademark infringement.

Trademark 61

Trademark Law Registering Trademarks Branding 61

IP and Legal Filings

MARCH 7, 2022

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. The trademark legislation of 1999 protects Indian trademarks. If a mark or logo is used with the permission of the authorised person, it is not considered a trademark infringement.

Trademark 57

Trademark Law Registering Trademarks Branding 57

The TTABlog

NOVEMBER 6, 2023

The Board granted a petition for cancellation of a registration for the mark CS for "amplifiers," finding that Petitioner Adamson Systems proved by a preponderance of the evidence that Respondent Peavey Electronics had discontinued use of the CS mark on amplifiers, with intent not to resume use. Lanham Act, Section 45.

Registration 60

Registration Branding Brands Branding 60

LexBlog IP

FEBRUARY 3, 2022

This case began with a 2015 application by Interprofession du Gruyère, a Swiss registered association, and Syndicat Interprofessionnel du Gruyère , a French syndicat for a certification mark GRUYERE. INTERPROFESSION DU GRUYÈRE, et al., DAIRY EXPORT COUNCIL, et al.,

Designs 40

Designs Design Branding Brands 40

The IP Law Blog

MARCH 2, 2021

The Supreme Court first looked to the section of the Lanham Act governing remedies for trademark violations, 15 U.S.C. 10 According to Fossil, the equity courts historically required plaintiffs to establish willfulness, or its historical equivalent, to obtain a profits award in trademark disputes. & ECON. Weightman, supra note 28.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may. What is Trademark Dilution?

Trademark 77

Trademark Registering Trademarks Trademark Law Branding 77

JIPEL Copyright Blog

APRIL 4, 2022

In the playpen that is nonverbal marks, the game is all about whether registrants can jump the hurdle between two opposing classifications—product packaging and product configuration. 2D (BNA) 1964 (TTAB 2015). In response, TTAB did not merely deny Lululemon registration. 113 U.S.P.Q.2D Even with proven secondary meaning?

Registration 52

Registration Designs Design Trademark 52

SpicyIP

JANUARY 23, 2023

The Defendant argued that the suit design was published prior to the date of registration under a different trade name. What has to be seen is whether the coolers bearing the suit design were available online prior to the date of application, by the plaintiff, for registration of the design. Case: Mr. Ashok Kumar Gupta & Anr vs Ms.

Designs 105

Designs Design Invention Registration 105

LexBlog IP

JULY 21, 2021

It can also mean as the proxy or substitute holder of rights here on earth because no spiritual being will receive a copyright certificate, trademark registrations, or letters patent. courts have denied registration to religious marks as being offensive to other believers or to non-believers. ” But neither the PTO nor U.S.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

The TTABlog

APRIL 7, 2023

The CAFC overturned the TTAB's decision [ TTABlogged here ] dismissing Charles Bertini's Section 2(d) opposition to registration of APPLE MUSIC for a host of services, including the production and distribution of sound recordings and presentation of live music performances. Apple, Inc. 2021-2301 (Fed. April 4, 2023) [precedential].

Music 57

Music Trademark Trademark Law Registration 57

TorrentFreak

DECEMBER 22, 2022

Since 2015, TIR has made its specialist content available via the website mistressharley.com (NSFW) and through authorized third parties under licensing agreements. When TIR sent a trademark/copyright complaint to the host but received no response, the adult company did a WHOIS lookup for cryptoservers.biz.

Privacy 116

Privacy Copyright Infringement Trademark Copyright 116

LexBlog IP

JUNE 21, 2023

§ 1052(c) on registering marks concerning a living person without permission; this case has the possibility of altering trademark law significantly and allowing current events to be treated similarly to historic events from a trademark perspective. But one can expect, now that cert. ” Id. (at at 1165-66).

Registration 52

Registration Trademark Trademark Law Law 52

The IPKat

JULY 20, 2021

We soon learn that "Trademark Law Reform" refers to aspirations to tackle contemporary problems in trade mark law worldwide, whether by means of legislative overhaul or not, put to paper by some of the world's leading experts. But make no mistake: behind the cover is a veritable treasure trove of thought-provoking scholarship.

Trademark Law 96

Trademark Law Law Trademark Registration 96

IP and Legal Filings

DECEMBER 6, 2023

Jaitley’s right and pronounced that any person may be restrained from using the names of popular or well-known celebrities, when the particular name is a well-known trademark as envisaged under the basic principles of trademark law and thatcelebrity is entitled to use his name for commercial purposes. 2007, I, no.

Privacy 99

Privacy Intellectual Property Law Intellectual Property Copyright 99

Patently-O

JUNE 11, 2023

Elster to determine if the PTO violated Steve Elster’s First Amendment right to free speech when it declined to federally register his trademark TRUMP TOO SMALL in connection with T-shirts. The PTO had denied registration under 15 U.S.C. Brunetti , the Federal Circuit’s decision was almost certainly correct. [4]

Registration 62

Registration Trademark Government Law 62

Patently-O

DECEMBER 12, 2021

. § 1052(c) provides, in pertinent part, that the PTO must deny federal registration to a trademark if it “[c]onsists of or comprises a name, portrait, or signature identifying a particular individual except by his written consent….”

Registration 69

Registration Government Advertising Advertising 69