SpicyIP

APRIL 4, 2022

They claimed that in March 2020, the defendant launched a syrup/sharbat ‘Dil Afza’ with a mark, get-up and design deceptively similar to that of the plaintiff’s. The defendant, on the other hand, argued that they had filed for registration of their mark ‘Dil Afza’ in 2018, claiming that the same has been in use since 1949.

Trademark 119

Trademark Registration Trademark Law Branding 119

IP and Legal Filings

OCTOBER 31, 2022

The objective of the Singapore Treaty is to create a modern and dynamic international framework for the harmonization of administrative trademark registration procedures. The Singapore Treaty is applicable to all types of marks registrable under the law of a given Contracting Party. Image Source: IStock].

Trademark 52

Trademark Contracts Intellectual Property Registering Trademarks 52

IP and Legal Filings

AUGUST 11, 2023

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] 4] Second, the qualification for registering a trademark, both traditional and non-traditional, essentially remains the same.

Trademark 80

Trademark Registration Intellectual Property Intellectual Property Law 80

Technology & Marketing Law Blog

JUNE 21, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

The IPKat

NOVEMBER 28, 2023

The Board observed that it is an established general principle of EU trademark law is that deceptiveness of a mark must be assessed on the basis of the public's perception when they come into contact with such mark - e.g. at the time of purchase. The GPPC appealed to the Board.

Designs 70

Designs Design Trademark Trademark Law 70

The TTABlog

JULY 2, 2021

Failure to Prove "Standing" and Priority Dooms Section 2(d) Cancellation of CHUBB TRAVEL SMART Registration for Mobile Apps Catch-all Thirteenth DuPont Factor Saves HANA BANCORP & Design from Section 2(d) Refusal Precedential No. TTABlog Test: Are These Two "Bull" Designs Confusingly Similar For Auto Parts? Precedential No.

Registration 52

Registration Designs Design Trademark 52

The IP Law Blog

MARCH 5, 2021

Put in common parlance, if the general public primarily understands the word to designate the product rather than the producer , the word is generic. There is a two-part test used to determine whether a designation is generic: (1) What is the class of goods or services at issue?

Trademark 85

Trademark Branding Brands Branding 85

The IPKat

JUNE 12, 2022

Generally speaking, such applications would be refused registration in that they inter alia fail to perform their basic function – namely to indicate commercial origin. What public policy is must be laid down expressly in law. Let’s see more in detail what this case is about and what INTA’s take consists of.

Registration 94

Registration Intellectual Property Law Trademark Law 94

IP and Legal Filings

OCTOBER 23, 2023

Firstly, the basic step towards protecting trademarks in online marketplaces is to register them with the Trademark Registry. The registration of trademarks provides legal protection and remedies in case of infringement. 9] Draft Amendments to the Consumer Protection (E-Commerce) Rules, 2020. 344/2018]. [6]

Marketing 85

Marketing Marketing Trademark Registration 85

Technology & Marketing Law Blog

DECEMBER 11, 2023

What the second Circuit did say was that, like in the Jack Daniel’s case, the Wavy Baby used plaintiff’s trademarks and trade dress throughout the design of its product. But especially in a case of an alleged parody, that doesn’t answer the trademark use question. App’x 16 (2d Cir. trades in on the goodwill of Dr. Seuss.

Blogging 112

Blogging Trademark Branding Brands 112

LexBlog IP

APRIL 10, 2023

For example, the United States Patent and Trademark Office (USPTO) is responsible for rules governing federal trademark registration for product and service identification and for issuing patents to inventors, regardless of where the business is located.

Intellectual Property 52

Intellectual Property Intellectual Property Law Registration Trademark 52

LexBlog IP

JUNE 21, 2023

However, historical trademarks involving non-living individuals do not require permission. Historical Trademarks are Good for Strong Branding (2020)] But, interestingly, the United States Supreme Court recently granted review in Vidal v. Elster , Case 22-704 , which calls into question the prohibition under 15 U.S.C. §

Registration 52

Registration Trademark Trademark Law Law 52

IP and Legal Filings

FEBRUARY 7, 2023

According to a Bloomberg Intelligence report [2] , the worldwide revenue opportunity from the metaverse is predicted to hit $800 billion in 2024, up from the estimated $500 billion in revenue generated by the metaverse in 2020. The trademark registration safeguards the owner’s rights and establishes the business’s legal standing.

Trademark 83

Trademark Non-Fungible Tokens Branding Brands 83

IP Tech Blog

AUGUST 17, 2022

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. 57 of the Chinese Trademark law. 7) causing harm to other’s exclusive rights to use registered trademarks.”.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

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

SpicyIP

MAY 14, 2022

Shamnad Basheer’s 46th birth anniversary today, we at SpicyIP are proud to announce the third edition of the Shamnad Basheer Essay Competition on Intellectual Property Law. We’d started this competition in 2020 to celebrate his memory and his legacy of outstanding scholarship. You may e-mail us your essay whenever it is ready.

Intellectual Property Law 135

Intellectual Property Law Intellectual Property Law Editing 135

LexBlog IP

SEPTEMBER 29, 2022

–Penn State Football @PennStateFball on 12/7/2020. Applying those standards, the Ardargh Court rejected that registration, holding that such a sound patter “cannot be registered as a trade mark in respect of various drinks and for metal containers for storage or transport, in so far as it is not distinctive.”

Trademark 52

Trademark Registration Music Intellectual Property 52

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Professor Alexandra Roberts has written an excellent recent article on this, Trademark Failure to Function.

IP 94

IP Trademark Advertising Advertising 94

The IP Law Blog

MARCH 2, 2021

Supreme Court issued numerous landmark decisions in 2020, among those—for trademark scholars and practitioners— Romag Fasteners, Inc. In Romag , the Court examined whether a plaintiff in a trademark infringement action is required to show that a defendant willfully infringed the plaintiff’s trademark to obtain a profits award.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

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. ” Aseri, Commercializing Religion Via Trademarking God, 23 J. 75, 79 (2020). Aseri (2020) at 80]. ” Aseri (2020) at 70.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52