Erik K Pelton

DECEMBER 31, 2021

For more, read the article Olivia Muller and I recently wrote for the American Bar Association: The Growing Threat of Trademark Scams. The biggest individual brand story of the year was Facebook’s announcement of its new META brand. NFT trademarks. Trademark filings related to non-fungible tokens (NFTs) exploded in 2021.

Editing 147

Editing Non-Fungible Tokens Trademark All Rights Reserved 147

IIPRD

OCTOBER 28, 2023

However, outside the realm of brand marketing, when celebrities make use of a phrase, to the point of it becoming associated to them, it becomes a catchphrase of their own. Positionin India Indian judicial position regarding copyright and trademark of celebrity catchphrases is not clear. For instance, in the U.S.A.,

Copyright Law 59

Copyright Law Branding Brands Branding 59

Plagiarism Today

OCTOBER 26, 2021

Wtf is a juice demon pic.twitter.com/OxYMWEuoCq — Eli Matthewson (@EliMatthewson) October 1, 2016. To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. They are part fashion, part artwork, part branding and part character.

Trademark 233

Trademark Copyright Cease and Desist Copying 233

Erik K Pelton

DECEMBER 20, 2022

Celebrity trademark messes. Besides Mariah, there were many other celebrity trademark stories this year, as more an more celebrities launch more and more brands. Pelton & Associates ®, a boutique trademark law firm in Falls Church, Virginia. Past issues of Top Trademark Trends: 2021: [link].

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

Erik K Pelton

DECEMBER 28, 2020

Established, but offensive, brands change names. Never before have some many brands backed away from names or name origins that were offensive. Uncle Ben’s, Eskimo Pie, Aunt Jemima, Washington Redskins, and Cleveland Indians are some of the brands began name changes or removed items from their logo in 2020. 2016: [link].

Trademark 130

Trademark All Rights Reserved Registration Branding 130

IP and Legal Filings

DECEMBER 23, 2023

Spartan Online [5] , the Calcutta High Court had focused on the need for the domain names to be distinguishable from others for the purpose of establishing separate brand identity. After examining the facts, the court held that the owner of trademark had the exclusive right to register the trademark as a domain name under the trademark law.

Trademark 52

Trademark Registration Trademark Law Business 52

Kashishipr

JANUARY 12, 2022

Often, hashtags help businesses reach out to their target audience and connect with them, which may further help them attain and achieve goodwill and raise awareness about their brand. 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.

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

The TTABlog

AUGUST 30, 2023

SS Vape Brands, Inc. Opposer claimed to own a family of MONSTER-formative marks, but it failed to prove the existence of a family of MONSTER marks prior to SS Vape’s July 2016 date of first use. Applicant Vape SS has been using its mark since 2016 and selling nationwide since 2019, and is "No. Monster Energy Company v.

Designs 57

Designs Design Branding Brands 57

IP and Legal Filings

MAY 17, 2022

As a part of our comprehensive service, we conduct searches for the official trademark registry and also on the internet to determine whether or not the potential trademark is identical or confusingly similar to other registered trademarks. This being an important part makes the brand owner avoid any further litigation.

Registration 52

Registration Trademark Trademark Law Publishing 52

SpicyIP

FEBRUARY 22, 2023

Battle of the Firms – The Irony of IP Law Firms Being Sued for Trademark Infringement Niyati Prabhu It is well known that companies across the world take their brands seriously and deploy law firms in order to safeguard their intellectual properties, be it their names, slogans, brands, taglines, marketing tools and (even phone numbers ).

Trademark 98

Trademark Law IP Intellectual Property 98

SpicyIP

NOVEMBER 17, 2023

Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship [November 22- 23] Course in Brief Dates : 22nd – 23rd November, 2023 Time : Day 1: 9:30 AM to 5:00 PM IST; Day 2: 9:30 AM to 1:00 PM IST Venue : Centre for Technology and Law, DA-IICT, Gandhinagar Duration : 1.5

Intellectual Property 105

Intellectual Property Technology IP Law 105

IP and Legal Filings

OCTOBER 23, 2023

The issue of counterfeiting not only compromises a brand’s reputation or brand value, but also puts consumer safety at risk by allowing the sale and uninformed purchase of sub-standard goods. The defendant was “Darveys.com”, it was a “luxury brand marketplace” [6]. 8] (CS (COMM) 980/2016. [9] 344/2018]. [6]

Marketing 86

Marketing Marketing Trademark Registration 86

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.

Designs 52

Designs Design Trademark Branding 52

LexBlog IP

SEPTEMBER 15, 2021

The Court of Appeals affirmed the previous decision of the district court which found that Australian Leather had wilfully infringed Deckers’ “UGG” trademarks by selling less than 15 pairs of UGG branded boots in the U.S., However, on 7 May 2021, the U.S.

Trademark 52

Trademark Registration Branding Brands 52

Kashishipr

MAY 11, 2022

The single color or color combination of a product’s packaging can obtain Trademark Protection only if it is capable enough to be recognized by the general public as unique or belonging to a specific brand. Cadbury UK Limited vs. The Comptroller General Of Patents Designs And Trademarks & Société Des Produits Nestlé S.A.

Trademark Law 105

Trademark Law Trademark Law Branding 105

SpicyIP

MARCH 25, 2024

Sunanda Bharti on the Michelin Stars and its interaction was trademark laws. Bharti is a Professor of Law at Delhi University, and her previous posts can be accessed here. Image from here Mischief, Manifestation, and the Michelin Trademark!

Trademark 45

Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

Technology & Marketing Law Blog

FEBRUARY 27, 2022

TPG is a service built around the brand of a world-traveling man sipping champagne in first class, selling to the world his knowledge of the best rewards programs for credit cards and flights. dispute back in the Ninth Circuit in 2016. The cases involve The Points Guy, LLC (“TPG”) and American Airlines, Inc. (“AA”). Facebook v.

Cease and Desist 122

Cease and Desist Blogging Contracts Social Media 122

JIPEL Copyright Blog

DECEMBER 15, 2021

While these cases exemplify the tension between different brands and their trademarks, they also allude to the growing misalignment between the luxury fashion industry and trademark law. Brands like Tide, Sharpie, and Nintendo sell at a premium because customers trust that they’re getting high quality products.

Trademark Law 52

Trademark Law Marketing Marketing Trademark 52

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.

Designs 40

Designs Design Branding Brands 40

The IP Law Blog

APRIL 1, 2021

He had been selling “METAL” branded clothing since the early 1990s, primarily through hard rock music magazines. The owner created a stylized “METAL” mark that he registered in August 2016 and used for power lifting apparel and gear that he marketed. (decided Feb.

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

FEBRUARY 4, 2022

Introduction: The concept of comparing and considering a trademark in its entirety is a well-established tenet in trademark law. When a trademark is registered, it provides protection to the mark as a whole, even if it is a composite trademark with numerous aspects in it. Similarly, in Vardhman Buildtech Pvt.

Registration 64

Registration Trademark Trademark Law Marketing 64

TorrentFreak

APRIL 26, 2024

Similar notices dated 2016 , 2017 , and 2018 , fail to raise any obvious red flags and since the first and last were processed by GitHub, people can be confident they received considerable scrutiny. In other parts of the notice, takedowns were requested under trademark law. So Real or Fake?

Artwork 119

Artwork Branding Brands Branding 119

SpicyIP

NOVEMBER 8, 2023

The person was later convicted in 2016. This raised a question did the registrar of Trade Marks have the jurisdiction to revoke the ‘MANJAL’ trademark? “Ad-word” DRS , where the court held that ad-words are not inherently violative of trademark rights. Ad-word” … yes, the very same thing that recently made headlines, again!

Trademark 59

Trademark Publishing Journalism Copyright 59

Technology & Marketing Law Blog

DECEMBER 11, 2023

MSCHF has frequently targeted major brands. 2016), aff’d , 674 F. 2016)) traded on the goodwill of Louis Vuitton; it is what made them attractive products. At this point the Second Circuit baldly states “MSCHF used Vans’ trademarks—particularly its red and white logo—to brand its own products.” 3d 252 (4th Cir.

Blogging 113

Blogging Trademark Branding Brands 113

Technology & Marketing Law Blog

MARCH 10, 2022

The analogous non-digital conduct would be to take a photograph of a crowd inside La Baguette with the caption “La Baguette, Christmas party 2016,” erase “La Baguette,” write-in “Tito & Tita,” and keep the photograph on the wall where customers can see it. Trademark Owner Sues Over Alleged Twittersquatting–Coventry First, LLC v.

Social Media 81

Social Media Contracts Ownership Business 81

IPilogue

JANUARY 14, 2022

Case law has often overlapped overbreadth with other grounds of invalidity such as obviousness, anticipation, and inutility. . of the Patent Act on June 24, 2016. Trademark Law. Parody in Trademarks is No Joke. First Time Interpreting Patent Agent Privilege. v Sandoz Canada Inc.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

The TTABlog

NOVEMBER 6, 2023

But after 2013, when Respondent last advertised the CS amps in its domestic catalogs, domestic sales plummeted, rapidly dwindling to single digits and then zero at some points in the critical 2016-2021 time frame. Peavey argued that "[a] mark is only abandoned when all trademark significance, including residual good will, is lost.”

Registration 60

Registration Branding Brands Branding 60

Copyright Lately

MAY 1, 2023

As I explained in my discussion of the Rick Astley lawsuit , right of publicity and trademark law provided viable claims to Bette Midler and Tom Waits when imitations of their voices were used in advertising. ” VMG Salsoul, LLC v. Ciccone , 824 F.3d 3d 871, 888 (9th Cir. At least until the computers start touring, that is.

Music 87

Music Copyright Copying Copyright Law 87

Kashishipr

AUGUST 18, 2021

The Trademark Trial and Appeal Board decided against the opposer since the use of ‘Industry’ did not reflect a secondary meaning. It was submitted that 74 third-party registrations were existent, and the consumers did not associate with the brand as a household name. Popular Examples of Family of Trademarks.

Trademark 105

Trademark Registration Branding Brands 105

IPilogue

DECEMBER 17, 2021

However, British artist Stuart Semple considers Tiffany Blue as being held captive through trademark law. Semple has been “liberating colours since 2016” , with previous paints replicating trademarked colours including International Klein Blue , T-Mobile Magenta , and Blackest Black.

Trademark 112

Trademark Social Media Art Ownership 112

IIPRD

JANUARY 21, 2022

This distinct packaging assists the consumers in associating a product with a particular brand which helps in developing the goodwill and reputation of the brand. Also, the scope of trade dress protection is comparatively a lot broader than the protection offered by the trademark law. 3] CS COMM–714/2016. [4]

Branding 40

Branding Brands Branding Trademark Law 40

SpicyIP

AUGUST 16, 2021

He graduated from NUJS, Kolkata in 2016 and completed his LL.M. PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes. As a result, the MD of her management agency, Baseline Ventures, was quite miffed, taking also to social media to call out brands for unauthorisedly using Sindhu’s image.

Social Media 72

Social Media Personality Rights Law Branding 72

LexBlog IP

JUNE 21, 2023

Of course, each use stems from the shorter phrase “make your mark,” embodying the mere notion of the archer hitting the target , or maybe even the less educated simply indicating agreement with an initial, an X, or a cross , or at times a craftsman adding “ a maker’s mark—essentially personal branding.”

Registration 52

Registration Trademark Trademark Law Law 52

LexBlog IP

APRIL 12, 2023

I briefly mentioned Abitron here recently , but it deserves more attention in the context of defining the boundaries of US trademark laws and just on the notion of defining words. Hetronic prevailed at trial to the tune of $114 million in damages, $90 million of which were awarded on the trademark claims.

Law 52

Law IP Intellectual Property Copyright 52

The IP Law Blog

SEPTEMBER 22, 2022

P and P Imports (“P&P”) sells outdoor games under its GoSports brand, and in December 2016, it began selling its “Giant 4 in a Row Game” that was based on the classic tabletop version. Johnson Enterprises, LLC, in which the parties were battling a trade dress infringement claim involving these large outdoor Connect 4-like games.

Copying 98

Copying Marketing Marketing Advertising 98

SpicyIP

DECEMBER 30, 2023

The judgement was passed collectively in an appeal against 4 orders (two impugning the 2016 Ericsson v. Controller General of Patents and Designs (passed on September 15), the Court clarified that the 2016 CRI Guidelines’ requirement of assessing the CRI in conjunction with novel hardware has now been removed from the 2017 CRI Guidelines.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

NOVEMBER 27, 2023

Elster is a trademark dispute at the Supreme Court focused on the issue of whether Steve Elster has a free speech right to register a political message (“Trump Too Small”) as a trademark for shirts. VIP Products (2023) opinion and its other trademark cases. Section 2(c) is a viewpoint-neutral trademark law.

Registration 75

Registration Trademark Blogging Law 75