Patently-O

OCTOBER 4, 2023

I always enjoy the opportunity to connect with old friends and meet new people who are ready to dig into the details of intellectual property law. This year we’re limiting the focus to patent law & trademark law. Let me know if you want to meet up.

Intellectual Property Law 49

Intellectual Property Law Intellectual Property IP Trademark Law 49

IP and Legal Filings

JANUARY 11, 2024

Trademarks are traditionally considered to be connected with visual elements that include logos, brand names, as well as packaging however, the field of trademarks has widened and it includes non-traditional marks, such as smells, sounds, colors etc. The difficulty of graphical representation is a big barrier.

Trademark 90

Trademark Intellectual Property Branding Brands 90

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. From Jack Daniels Properties, Inc. Supreme Court, Brief for Petitioner (11 January 2023), page 3, available here. In a recent case before the U.S. Supreme Court, Jack Daniels v. 22-148, U.S.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 52

Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 2023) (slip op., 2] Rogers v.

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

SpicyIP

JANUARY 20, 2024

From one of the recommendations of this meeting emerged the “International Association for the Advancement of Teaching and Research in Intellectual Property” aka ATRIP in 1981. In this symposium, Professors Narmada Khodie (then Head, Department of Law, University of Bombay, India) and K. William Cornish (UK), and Prof.

Government 112

Government IP Intellectual Property Reporting 112

IP and Legal Filings

FEBRUARY 20, 2024

Despite the judiciary’s efforts to address the concerns under current intellectual property laws like copyright and trademark, the absence of relevant and specific provisions for the protection of personality rights has started to pose a serious threat. What the Right of Publicity Can Learn from Trademark Law.

Personality Rights 62

Personality Rights Privacy Social Media Intellectual Property 62

LexBlog IP

APRIL 17, 2023

trademark law, allowing U.S. trademark protection to serve as a springboard for regulating foreign conduct that is unlikely to affect consumer perceptions in the United States and, thus, warrants review. The Solicitor General concluded that the Tenth Circuit’s decision risks globalizing U.S. citizenship.

Trademark 52

Trademark Intellectual Property Law Intellectual Property Law 52

LexBlog IP

FEBRUARY 1, 2023

For instance, Nike files a twenty-page brief supporting Jack Daniels, arguing the distinction between ordinary consumer products and items of artistic expression should remain applicable, a position also taken by amicus curiae Intellectual Property Owners Association (IPO) in its thirteen-page brief. ” ( at 36 ).

Trademark 52

Trademark Intellectual Property Branding Brands 52

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

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.

Government 147

Government Business Trademark Blogging 147

IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] Notwithstanding the essence of this finding, this is too narrow an interpretation of the true spirit of trademark law. Anubaker CS (COMM) No.890/2018

Registration 78

Registration Trademark Trademark Law Law 78

LexBlog IP

APRIL 12, 2023

.” But our problem often is that the law, or lawyers, frequently use unfamiliar or exotic terms that others claim have no more understood meaning than a reference to a “ vermicious kind ,” and those or other lawyers may overuse a word that they do not seem to actually comprehend. One is the case of Abitron Austria GMBH v.

Law 52

Law IP Intellectual Property Copyright 52

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. 2294 (2019), and even Jack Daniel’s Properties, Inc.

Registration 52

Registration Trademark Trademark Law Law 52