Erik K Pelton

AUGUST 24, 2023

The following is an edited transcript of my video Will AI Change Trademarks ? Artificial intelligence has been in the news in 2023. And yet, they only filed the trademark application for ChatGPT a few weeks ago, and they only filed for OpenAI last year. I have no such fears.

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LexBlog IP

DECEMBER 13, 2023

On November 30, 2023, the United States Patent and Trademark Office (USPTO) unveiled a new cloud-based trademark search system. ” The new system—which does not have a catchy acronym —replaces the Trademark Electronic Search System (TESS). Have thoughts on the new system?

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Trademark Registering Trademarks Designs Design 52

Above the Fold

DECEMBER 13, 2023

On November 30, 2023, the United States Patent and Trademark Office (USPTO) unveiled a new cloud-based trademark search system. The new system—which does not have a catchy acronym —replaces the Trademark Electronic Search System (TESS). Have thoughts on the new system?

Trademark 52

Trademark Registering Trademarks Designs Design 52

IP and Legal Filings

MAY 24, 2024

Introduction On February 8, 2023, the jury returned its verdict in the infamous case Hermès vs Rothschild [1] , a significant precedent that has received acclamation and flak alike. Peltz, Hermès vs Rothschild: A Landmark Decision for Trademarks and NFTs, MONDAQ (Feb. 8, 2023) [link] [1] 22-cv-384 (JSR). [2] 2] Melanie J.

Non-Fungible Tokens 77

Non-Fungible Tokens Art Trademark Branding 77

The IPKat

APRIL 2, 2023

Wales Regional Meeting 2023 - Thursday 20 April at 12:30 pm in Cardiff The meeting will cover a wide range of topics including the transformation at the IPO, the UP and the UPC, and other issues relating to legal developments in the field. More information here. More details here.

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Social Media Music Registering Trademarks Registration 65

IPilogue

MARCH 27, 2023

As the world entered January 2023, many excitedly anticipated that Disney’s copyright protection of Mickey Mouse in the United States (US) would expire at the end of 2023, allowing Mickey Mouse to enter the public domain as of January 1, 2024. Mickey Mouse is protected as Disney’s property because it is a registered trademark.

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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

Patent Trademark Blog

MARCH 10, 2022

An expungement attacks a registered trademark on the basis that it has never been used. Registrations older than 10 years are still susceptible to an expungement proceeding until December 27, 2023. If you think of “re” as repeat, then reexamination suggests examining a trademark file again.

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The TTABlog

JUNE 7, 2023

92077340 (June 5, 2023) [not precedential] (Opinion by Judge Cynthia C. In April 2019, respondent sent a Take-Down Notice to Amazon.com stating that petitioner's use of the mark ARTNCRAFT was an infringement of its registered trademark rights, and demanding removal of petitioner's goods from Amazon.com. Welch 2023.

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Registering Trademarks Registration Trademark Copyright 52

LexBlog IP

DECEMBER 19, 2023

MR. CHRISTMAS became a registered trademark for “Christmas Ornaments and Decorations of the Non-Electrical Type” way back in 1966 (Registration No. We wonder if MR. HANUKKAH or HANNAH have met the newcomer, HANUKKAH VERONICA THE MITZVAH FAIRY, registered in August 2023 (Registration No. That was a close one!

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Trademark Registration Registering Trademarks Service Mark 52

The TTABlog

MAY 28, 2024

2023-1383 (Fed. The Lexmark analysis has "no meaningful, substantial difference" from the test traditionally applied by the CAFC: whether a trademark challenger has demonstrated "a real interest in cancelling the [registered trademarks at issue] and a reasonable belief that the [registered trademarks] are causing it damage."

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Registering Trademarks Registration Trademark Ownership 57

43(B)log

SEPTEMBER 6, 2023

Allen Interchange LLC, 2023 WL 5206884, No. 14, 2023) This opinion deals only with Allen’s counterclaims. Allen Interchange LLC, 2023 WL 5207389, No. 14, 2023) This is the trademark side of the case. One case, two opinions. Toyota Motor Sales, U.S.A., 22-cv-1681 (KMM/JFD) (D. Toyota Motor Sales, U.S.A.,

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Marketing Marketing False Advertising Advertising 59

The TTABlog

OCTOBER 19, 2023

2023 USPQ2d XXXX (Fed. What Great Concepts acquired through Mr. Taylor’s fraudulent Section 15 declaration was incontestable status for its already-registered trademark. Welch 2023. Great Concepts, LLC v. Chutter, Inc. The question becomes what Great Concepts obtained, but this is not difficult to answer. Probably not.

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Registration Registering Trademarks Trademark Copyright 70

TorrentFreak

AUGUST 7, 2023

While that timed out on July 27, 2021, blocking continued during the 2021/2022 and 2022/2023 seasons under the authority of the High Court. The injunction allows the Premier League to block pirate IPTV services during the 2023/24 season and then the 2024/2025 season after that.

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Branding Brands Branding Public Domain 85

Garrigues Blog

OCTOBER 17, 2023

Indemnifiable damage Before this judgment, the prevailing opinion of the provincial appellate courts was to support that where the products reproducing or imitating registered trademarks were not being sold, the owner of intellectual property rights was not entitled to any indemnification as civil liability arising from the committed offense.

Trademark 52

Trademark Intellectual Property Registering Trademarks Marketing 52

LexBlog IP

JULY 12, 2023

The new social media platform Threads was launched on July 5, 2023. Ownership of a registered trademark may not be enough to claim an account. Reports indicate that within the first day of launch, more than 30 million users have signed up. The app is designed for text-based conversations instead of photo updates.

Social Media 52

Social Media Branding Brands Branding 52

The TTABlog

JANUARY 24, 2023

claiming trademark infringement and dilution of two registered trademarks for medical gloves, one mark consisting of the color purple and the other the color gray. Texas January 18, 2023). Welch 2023. O&M Halyard brought a civil action against Sri Trang US, Inc., O&M Halyard, Inc. Sri Trang USA, Inc, et al.

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Registration Litigation Registering Trademarks Trademark 70

SpicyIP

AUGUST 7, 2023

Lokesh wrote a post on the 2023 amendments to the Cinematograph Act, 1952 and put out the second post in our ‘SpicyIP Flashback’ series. Discussing the key amendments within the 2023 Act, Lokesh highlights the contentious issues within the law and how they may warrant clarification in the future. Case: VR Holdings v.

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Copyright Infringement Trademark Law Copyright 98

The IPKat

APRIL 29, 2024

He mainly talked about the difficulties and legal challenges on the road to registering non-traditional trademarks. Last but not least, Ms Russo tackled the challenges of revamping trademarks from an in-house counsel’s perspective.

Reporting 57

Reporting IP Law Trademark 57

IPilogue

MARCH 27, 2023

As the world entered January 2023, many excitedly anticipated that Disney’s copyright protection of Mickey Mouse in the United States (US) would expire at the end of 2023, allowing Mickey Mouse to enter the public domain as of January 1, 2024. Mickey Mouse is protected as Disney’s property because it is a registered trademark.

Public Domain 40

Public Domain Copyright Law Copyright Registering Trademarks 40

Erik K Pelton

MAY 28, 2024

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. Photo of Erik Pelton testifying at the TPAC 2023 trademark fee hearing The post appeared first on Erik M Pelton & Associates, PLLC.

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Corsearch

FEBRUARY 14, 2023

While the price of consumer goods continues to climb, Valentine’s Day spending in the US is still on course to reach $26 billion in 2023 [1]. The average US consumer is planning to spend $192 on Valentine’s Day gifts in 2023, up by 8% from 2022 – and just shy of 2020’s record ($196), according to The National Retail Federation [2].

Trademark 52

Trademark Non-Fungible Tokens IP Branding 52

Patent Trademark Blog

NOVEMBER 16, 2021

Why is nonuse of a trademark registration a problem? The US trademark registration system differs from those of foreign countries which do not require usage of their registered trademarks. In the US, a registered trademark must be used continuously on the goods or services identified in the registration.

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Trademark Registration Registering Trademarks Blogging 40

LexBlog IP

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.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

LexBlog IP

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.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

Garrigues Blog

NOVEMBER 6, 2023

For example, it is hard to get away from the commercial origin of popular slogans such as: “ I’m loving it ”, “ because you’re worth it ”, “ just do it ” or “ think green ”, which are also registered trademarks.

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Advertising Advertising Trademark Registration 52

43(B)log

JANUARY 27, 2023

2023 WL 416080, No. Steeplechase has a copyright for the book, “Piano Book for Adult Beginners: Teach Yourself How to Play Famous Piano Songs, Read Music, Theory & Technique” and registered trademark rights in STEEPLECHASE ARTS & PRODUCTIONS for, among other things, music instruction books, including for the Piano Book.

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Derivative Work False Advertising Advertising Advertising 75

SpicyIP

FEBRUARY 13, 2023

The court further held that “mere international usage of the ‘ALPHARD’ trademark by the Petitioner company is not sufficient to prove spillover of its transnational reputation in India” Delhi High Court grants an interim injunction to the Plaintiff, despite non-use of the mark for 30 years.

Designs 52

Designs Design Trademark Cease and Desist 52

SpicyIP

DECEMBER 5, 2022

The last date to send the entries is January 2, 2023. Delhi High Court decreed the suit in favor of the Plaintiff and inter alia directed the Defendant to assign its trademark ‘Saptrishi Sandhi Sudha India’ in favor of the Plaintiff, as undertaken by it in its affidavit. Case Summaries. on 25 November, 2022 (Delhi High Court).

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IP and Legal Filings

MARCH 5, 2023

First, the individual must be using a registered trademark as his or her business name, and second, the individual must be engaged in business with respect to products or services for which the trademark has been registered. 3 Lakhs as damages SCC Blog (2023), [link] (last visited Feb 28, 2023).

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Trademark Registration Business Social Media 52

IP and Legal Filings

MAY 17, 2024

Daler Mehendi, a known singer and the plaintiff in the present case, had a registered trademark over the letters “DM” and established a business called “D.M. 3] CS (COMM) 652 of 2023. [4] Entertainment v. Baby Gift House , [1] Indian courts dealt with personality rights for the first time. Entertainment Pvt.

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Personality Rights Intellectual Property Social Media Intellectual Property Law 72

LexBlog IP

APRIL 19, 2023

To legally put their own trademark on a product originally made by a third party, the seller should first obtain permission from the third party in writing. Registering trademarks with the U.S. Registering copyrights with the U.S. This can lead to expensive “false marketing” litigation.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

LexBlog IP

JULY 26, 2023

Supreme Court’s highly anticipated trademark decision over a dog toy was a victory for trademark owners, as it bolstered the ability to protect their trademarks and brands. VIP Products LLC , handed down June 8, 2023, unanimously overturned the U.S. The decision in Jack Daniel’s Properties, Inc.

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Trademark Branding Brands Branding 52

LexBlog IP

APRIL 27, 2023

entities registering trademarks in the United States and Lanham Act plaintiffs seeking to sue those entities. Trademark registrants and litigants should pay close attention to both the statute and decisions interpreting that statute. [1] 9] 2023 U.S. 10, 2023). [10] 12] 2023 U.S. 4th 1136 (9th Cir.

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Trademark Designs Design Registration 52

The TTABlog

JANUARY 26, 2023

Among the benefits of federal registration are: The presumption that your trademark is valid puts you in the best position to protect and enforce your trademark rights against users of the same or similar marks for similar goods or services. Cumbow 2023. attorney to apply for registration of their marks. Text Copyright Robert C.

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Trademark Registration Trademark Law Business 62

SpicyIP

FEBRUARY 7, 2024

A bit of factual background before we move ahead to the legal analysis: Allied Blenders, a liquor manufacturer, has held a registered trademark for ‘OFFICER’S CHOICE PRESTIGE WHISKY’ label since 2013. Hermes Distillery (P) Ltd. ’ In the case of Pernod Ricard India Private Limited v.

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Copying Trademark Branding Brands 64

Copyright Lately

MAY 1, 2023

billion in the first quarter of 2023 , largely driven by successful releases from Morgan Wallen, Taylor Swift, and the aforementioned Drake. ” Michael Nash, April 26, 2023 Again, Nash’s statement is correct as far as it goes. Artists also may own registered trademarks in their names for use as source identifiers.

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Music Copyright Copying Copyright Law 85