azrights

OCTOBER 27, 2023

Last week’s newsletter How to avoid the biggest brand management mistakes , highlighted that the role of our business name and signs like logos, taglines, characters, or sounds is to enable buyers to recognise that it’s us. So, the reason the case was so hard fought, is that a registration effectively gives you a broad scope of protection.

Trademark 52

Trademark Branding Brands Branding 52

Patently-O

JUNE 29, 2022

Coca-Cola stepped-in in 2016 seeking to cancel Meenaxi’s mark registrations. A case like this begins with the territorial doctrine of trademark law: Under the territoriality doctrine, a trademark is recognized as having a separate existence in each sovereign territory in which it is registered or legally recognized as a mark.

Trademark 120

Trademark Trademark Law Branding Brands 120

Garrigues Blog

JULY 6, 2021

They allow companies to promote their brand image and connect with the community around them. When we start any business, one of the first things to choose is the name that will identify you in the market and, if the homework is done, it will be registered as a trademark (see a related post here ).

Branding 52

Branding Brands Branding Registration 52

Erik K Pelton

DECEMBER 20, 2022

And the number of active trademark registrations in the USPTO database is larger than ever. Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

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. 2017: [link].

Trademark 130

Trademark All Rights Reserved Registration Branding 130

The TTABlog

JANUARY 26, 2023

Tam (2017), holding a portion of the nation’s statutory trademark law unconstitutional, Justice Alito wrote: “It is unlikely that more than a tiny fraction of the public has any idea what federal registration of a trademark means.” It certainly is not the way you “get” a trademark. It’s not legally required.

Trademark 62

Trademark Registration Trademark Law Business 62

SpicyIP

JULY 28, 2023

Indian Trademark Law and Twitter’s Rebranding Decision But a much more thought-provoking discussion and research for IP enthusiasts like us is the scope of protection that can be given to Twitter for this ‘X’ logo in the Indian trademark regime. This is because the letter ‘X’ is too generic to be protected under Indian law.

Trademark 96

Trademark Marketing Marketing Branding 96

Technology & Marketing Law Blog

DECEMBER 11, 2023

MSCHF has frequently targeted major brands. At this point the Second Circuit baldly states “MSCHF used Vans’ trademarks—particularly its red and white logo—to brand its own products.” Unlike the defendant in Jack Daniel’s , MSCHF, at least amongst its relevant consumers, has a valuable brand.

Blogging 112

Blogging Trademark Branding Brands 112

IP and Legal Filings

DECEMBER 23, 2023

However, a caveat to this is that the use of a similar mark can still be permitted on different products or services, though it may not be eligible for registration as a domain name. [3] It also held that when possessor of a trademark has prior and exclusive usage, they not only possess superior title but also absolute ownership.

Trademark 52

Trademark Registration Trademark Law Business 52

Intepat

MAY 16, 2023

If the property of a person can be protected, likewise, when a popular celebrity like Amitabh Bachchan faces possible harm regarding his brand, the same can be protected under his right to publicity. The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks.

Branding 98

Branding Brands Branding Personality Rights 98

IPilogue

OCTOBER 28, 2021

Nonetheless, the Canadian Intellectual Property Office notes that those in the jewellery industry may be granted industrial design registrations, offering a different kind of intellectual property protection. where original jewellery designs are automatically protected under copyright law as sculptural or pictorial works.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

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. In the year 2017 the market value of the E-commerce was $38.5 Nakul Bajaj & Ors. [4]

Marketing 85

Marketing Marketing Trademark Registration 85

IPilogue

MARCH 2, 2022

The Birkin’s distinctive shape has acquired a secondary meaning, such that its trade dress has a trademark registration with the US Patent & Trademark Office. The Birkin’s hefty price tag — a Diamond Himalaya Birkin sold for over $400,000 in 2017 — has made it a prime target for knockoffs.

Cease and Desist 105

Cease and Desist Non-Fungible Tokens Fair Use Intellectual Property 105

LexBlog IP

SEPTEMBER 29, 2022

–Kat Eschner, The Story of Hollywood’s Most Famous Lion (2017). Here in a nutshell is the query the Court addressed: 16 Under Article 7(1)(b) of Regulation 2017/1001, trade marks which are devoid of any distinctive character shall not be registered. There’s no roar quite like a Nittany Lion’s!

Trademark 52

Trademark Registration Music Intellectual Property 52

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. Image Source: gettyimages].

Trademark 54

Trademark Advertising Advertising Registration 54

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

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

Erik K Pelton

MARCH 11, 2022

As a trademark law firm, we represent a wide array of clients but predominantly focus on helping small business owners protect their intellectual property. In recent years, trademark scams have proliferated and become increasingly problematic, particularly for small business owners. About Erik M. Pelton & Associates, PLLC.

Government 147

Government Business Trademark Blogging 147

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. Abudekar and Ors [4]. ,

Branding 40

Branding Brands Branding Trademark Law 40

IP and Legal Filings

JUNE 27, 2022

According to section 2(1)(zb) of the Indian Trademarks Act,1999, a mark which is capable of being represented graphically and it has the ability to distinguish the goods and services from others, and it may be the shape or packaging of goods or combination of colors is termed as a trademark. Conclusion.

Trademark 52

Trademark Intellectual Property Trademark Law Branding 52

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

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

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

SpicyIP

FEBRUARY 13, 2023

Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision. What stands out here is that the Court granted an injunction in favour of the Plaintiff based on earlier registration without considering the non-use of the mark by them.

Designs 52

Designs Design Trademark Cease and Desist 52

43(B)log

DECEMBER 1, 2022

Grimaldi grounds, the district court’s grant of summary judgment to MTV on the resulting trademark claims. MGFB has a federal registration for FLORA-BAMA for “bar and restaurant services” and several entertainment services, including “social entertainment events,” live musical performances, and “competitions for fish throwing.”

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

SpicyIP

DECEMBER 30, 2023

Eventually, Johnson and Johnson announced that it would no longer enforce their patents for Bedaquiline (brand name: Sirturo) which is used in the treatment of multidrug-resistant tuberculosis (MDR-TB) in 134 low- and middle-income countries. The rejection order is authored by Dr. Latika Dawara, Asst. First, in Toyota v.

IP 124

IP Copyright Trademark Intellectual Property 124