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.

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Trademark Registration Intellectual Property Litigation 40

JD Supra Law

MAY 19, 2022

The Trademark Modernization Act of 2020 (TMA) was signed into law on December 27, 2020. The TMA amended the federal trademark law (known as the Lanham Act) to provide new tools to address abuses of the US trademark registration process. By: Levenfeld Pearlstein, LLC

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IPilogue

JULY 7, 2021

Intellectual Property Law on December 27, 2020. Months before leaving the White House, he signed into law the Consolidated Appropriations Act , 2021 (the “Act”). The Act significantly changes American copyright and trademark laws. Changes to Copyright Law. Changes to Trademark Law.

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JD Supra Law

FEBRUARY 18, 2022

Regulations implementing the Trademark Modernization Act of 2020 (TMA) went into effect on December 18, 2021. The new rules and procedures are multifaceted and address several aspects of trademark law, both with respect to litigation and USPTO practice. By: SmithAmundsen LLC

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LexBlog IP

JULY 22, 2022

As those involved in the world of trademark law likely know, the United States Patent and Trademark Office (“USPTO”) publishes an immensely helpful Manual covering the practices and procedures of prosecuting or registering trademarks in front of the USPTO.

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Trademark Trademark Law Registering Trademarks Publishing 52

Erik K Pelton

DECEMBER 31, 2021

The uncertainties of COVID in a second year couldn’t stop huge application filing numbers and many developments in the world of trademarks. Here are what I found to be the most important trademark issues of the year: Trademark Modernization Act of 2020 (“TMA”) goes into effect. USPTO filing numbers and backlog.

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Editing Non-Fungible Tokens Trademark All Rights Reserved 147

JIPL Online

FEBRUARY 26, 2021

If the title sounds familiar, you are part of the reason Booking.com successfully trademarked “Booking.com” while paving the way for owners of similar marks to receive trademark protection. 2298 (2020) (emphasis added). [ii] at 2304 (2020) (describing the definition of a “generic” term). at 2301 (2020).

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Trademark Registration Trademark Law Advertising 98

IP and Legal Filings

OCTOBER 28, 2022

Most significantly, “the development of blockchain technology” has been accepted as a legal business activity by the Indonesian standard industrial business categorization code, which was published in 2020. 5 of 2020, dated November 16, 2020, regarding ESP in the Private Sector, as amended by MOCI Regulation No.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 86

JD Supra Law

JANUARY 5, 2022

As we wrote in January 2021, the Trademark Modernization Act of 2020 (TMA) brought significant changes to trademark law and practice.

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Above the Fold

JULY 22, 2022

As those involved in the world of trademark law likely know, the United States Patent and Trademark Office (“USPTO”) publishes an immensely helpful Manual covering the practices and procedures of prosecuting or registering trademarks in front of the USPTO.

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IPilogue

SEPTEMBER 9, 2022

By adopting the unique narrative structure of its books and using the specific phrase “Choose Your Own Adventure Book,” Chooseco accused Netflix of willfully infringing its trademark and ultimately tarnishing the series’ child-friendly reputation. Photo retrieved from Tubefilter.

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Trademark Public Domain Television Fair Use 106

IP Blog

AUGUST 28, 2020

While this line by Juliet looks beyond the hateful nature of Romeo's family name, the summer of 2020 has been marked with social unrest leading many businesses and entertainers to reconsider the nature of their names and any connection they have to past atrocities.

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IPilogue

JULY 27, 2021

Section 3 of Part II of the TRIPS Agreement , entitled “Geographical Indications”, and Article 20 , which prohibits states from introducing special requirements that would “unjustifiably encumber” the use of affected trademarks, both may apply in this scenario.

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IP and Legal Filings

OCTOBER 31, 2023

The owner of a generic trademark has limited enforcement rights. If generic words are combined to make a trademark, its distinctiveness may be argued.In Ltd (CS(COMM) 217/2020) court determined that the name “DELHIVERY” is a phonetically generic term and cannot be registered as a trademark. trademark law.

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Trademark Trademark Law Registration Fair Use 59

The TTABlog

JUNE 12, 2023

The USPTO recently announced that a data security incident has impacted domicile information "in certain trademark filings between February 2020 and March 2023." You are receiving this notice because your email address is listed as the contact for the trademark owner in at least one of these applications.

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IP and Legal Filings

JANUARY 11, 2024

The objective of these requirements is to guarantee the legitimacy of graphical representations of smell trademarks. CHALLENGES Olfactory markings have certain particular challenges under Indian trademark law. New Challenge on Intellectual Property: Smell Trademark. Atlantis Press. Odintsov, S., Trubina, M. Klingberg, R.,

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Trademark Intellectual Property Branding Brands 90

JIPL Online

APRIL 7, 2021

[viii] This massive dichotomy in prices forces fans to choose between the Scylla of paying hundreds of dollars for a jersey to support their favorite team because of sports licensing monopolies, and the Charybdis of perpetuating trademark infringement by knowingly or unknowingly patronizing these shady, unregulated vendors. (ii)

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Marketing Marketing Licensing Trademark Law 98

Erik K Pelton

MAY 28, 2024

Mr. Pelton supervised the Trademark Clinic at Howard University School of Law from 2020 to 2024 and has been an adjunct trademark law professor at Georgetown University since 2023. link] [10] Note that our comments to the USPTO in 2020 predicted such a decrease. See [link]. [11]

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IP and Legal Filings

JULY 28, 2022

The history of the federal trademark law is almost as old as the Constitution. On July 8, 1870, the Federal Trademark was enacted as the first US Federal law to protect the trademarks. In its place, a trademark law on March 3, 1881, was enacted that targeted the trademarks used in interstate commerce.

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Trademark Registration Trademark Law Law 68

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. . Photo Credits: BP Miller ( Unsplash).

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Trademark Registration Trademark Law Intellectual Property 59

Kashishipr

SEPTEMBER 8, 2021

We know that brands try to make their trademarks as unique and distinctive as possible to attain the highest level of protection under the Trademark Law. ’ Common or generic terms are usually not protected under trademark law. ’ How are then these common words registered as a trademark?

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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. Singapore has a very efficient trademark process.

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Technology & Marketing Law Blog

DECEMBER 11, 2023

Going forward, my advice to parodists who don’t want to be found to infringe trademarks: make sure your parody slaps everyone right in the face. This is not just a new standard in trademark law, but a new standard for this ancient and important literary form. App’x 16 (2d Cir. trades in on the goodwill of Dr. Seuss.

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Kluwer Copyright Blog

MARCH 1, 2023

In a twist, however, it is not copyright law, but rather an expansive view of trademark law, that poses this threat. Whether to evoke nostalgia or to immerse their readers, authors use trademarks both to simulate reality and to critique it. In a recent case before the U.S. Supreme Court, Jack Daniels v. Constitution.

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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.

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SpicyIP

APRIL 4, 2022

Hamdard the manufacturer of Rooh Afza , a well-known syrup/sharbat, alleged that Sadar Labs had infringed its well-known trademark in ‘Rooh Afza’ and was passing off its products as those of the plaintiff’s by using the mark ‘Dil Afza’, with the meaning of the words ‘Rooh’ and ‘Dil’ being similar.

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Trademark Registration Trademark Law Branding 119

Erik K Pelton

DECEMBER 20, 2022

Erik Pelton® has been making trademarks bloom since 1999 ® as the founder of Erik M. Pelton & Associates ®, a boutique trademark law firm in Falls Church, Virginia. trademarks for clients and has represented hundreds of parties in trademark disputes. Past issues of Top Trademark Trends: 2021: [link].

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IPilogue

MARCH 20, 2023

The motion court first hearing the case misapplied the fundamental principles of trademark law. because they were the first to file a trademark application for “Bombay Frankies” despite not having yet used the mark. The motion court granted the injunction to 2788610 Ontario Inc. 2788610 Ontario Inc.

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Trademark Social Media Registering Trademarks Trademark Law 105

IPilogue

FEBRUARY 8, 2023

Rebecca Tushnet , a professor at Harvard Law School and author of a brief opposing Jack Daniel’s 2020 Supreme Court bid , highlights that trademark law exists to protect consumers from fraudulent products rather than clear humorous uses of existing trademarks and trade dress.

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IP and Legal Filings

FEBRUARY 20, 2023

However, the same process does not include any examination or verification to determine whether the domain name is distinctive or capable of distinguishing itself from the competition, i.e., existing domain names that are clearly in violation of trademark law. Schechter, The Rational Basis of Trademark Protection, 40 HARV.

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Trademark Registering Trademarks Registration Trademark Law 88

The IPKat

FEBRUARY 11, 2022

it has become a preeminent firm in the trademark world. An honors graduate of Dartmouth College, and of Harvard Law School, he married a profound understanding of trademark law with a keen practitioner's eye for the needs of his clients and the disarming charm of his charismatic personality.

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The IPKat

MARCH 24, 2023

Hecht Pharma filed a revocation action in the EUIPO on the ground that the extent of trademark use had not been sufficiently demonstrated. Gufic appealed this decision in 2020 by submitting new evidence of use, which were invoices that showed that the goods were sold to pharmacies in Germany.

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IPilogue

MARCH 6, 2023

In April 2015, Japan opened the gate for non-traditional trademarks, including colour, sound, and motion. As of November 2020, however, the JPO only registered 8 colour marks out of 543 applications for colour marks.

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IP and Legal Filings

DECEMBER 23, 2023

Pramod Borse [9] , the plaintiff was the registered owner of trademark “Bisleri” and the defendant had registered an identical/deceptively similar domain name “Bislari.com”. 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.

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Trademark Registration Trademark Law Business 52

Kashishipr

SEPTEMBER 20, 2021

It was in October 2020 when SSPL came to know about NTC’s use of a similar label and trade dress for its set of soya bean edible oil products. On the other hand, the Trademark Law allows two or more registered owners or concurrent users of similar marks. In May 2007, the label mark ‘SOYA DROP’ was registered.

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TorrentFreak

APRIL 26, 2024

A similar notice sent to GitHub in 2020 took content down using the DMCA. In other parts of the notice, takedowns were requested under trademark law. At this point, it’s worth highlighting something that all of these notices have in common: not a single one targets pirated copies of Nintendo games.

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The IP Law Blog

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose.

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