LexBlog IP

JANUARY 10, 2024

Thursday, January 25, 2024 1:00 p.m. Pacific REGISTER HERE About the Program Join Seyfarth partners Ken Wilton and Lauren Leipold for an examination of pivotal 2023 developments in trademark litigation, from U.S. to 2:00 p.m. Eastern 12:00 p.m. to 1:00 p.m. Central 11:00 a.m. to 12:00 p.m. Mountain 10:00 a.m. to 11:00 a.m.

Trademark 52

Trademark Trademark Law Litigation Business 52

IP and Legal Filings

MARCH 19, 2024

Intellectual property protection; to effectively protect their intellectual property assists and prevent competitors from using the same or similar marks understanding the nuance of trademark law enables it.

Branding 52

Branding Brands Branding Intellectual Property 52

SpicyIP

SEPTEMBER 18, 2023

Union Of India Image from here The Delhi High Court recently questioned the Controller’s office regarding mechanisms for the governance of patent and trademark agents. Lokesh dives into this issue and argues that there already exists such a mechanism under Patent and Trademark law albeit mostly unused.

Trademark 105

Trademark IP Intellectual Property Government 105

Garrigues Blog

APRIL 23, 2024

regarding the use of the ZARA trademark, as previously discussed here. In other words, the scope of the first wording of Article 37 was more limited, as it only referred to the use, in the course of trade, of the trademark when it was necessary to indicate the intended purpose of a product or service.

Trademark 52

Trademark Advertising Advertising Trademark Law 52

Garrigues Blog

FEBRUARY 5, 2024

On January 11, 2024, the CJEU ruled on the preliminary question ( Case C-361/22 ) raised by the Spanish Supreme Court in the proceedings between Inditex and Buongiorno Myalert, S.A. regarding the use of the ZARA trademark. We will examine the impact of the ruling in cases involving the use of third-party trademarks.

Trademark 59

Trademark Trademark Law Advertising Advertising 59

The IPKat

JULY 22, 2022

On 21 July 2022, Member States of the World Intellectual Property Organization (WIPO) approved the convening of diplomatic conferences on designs and genetic resources, no later than 2024. Diplomatic conferences are negotiating rounds where multilateral treaties are adopted or revised.

Designs 117

Designs Design Intellectual Property Licensing 117

Trademark and Copyright Law Blog

JANUARY 3, 2024

As we ring in 2024, sip some champagne and make a resolution to check in on your trademark portfolio more often. should include best practices from a trademark law perspective, to make sure you’re not inadvertently harming your marks. So spend a little time and help your trademarks kick off the New Year in style.

Trademark 52

Trademark Registration Branding Brands 52

LexBlog IP

APRIL 15, 2022

copyright protection in 2024. Since only the “Steamboat Willie” cartoon version of Mickey is going out of copyright protection, every other version of Mickey Mouse that Disney has created since 1928 will still be protected on January 1, 2024. While copyright protection expires, trademark protection does not.

Derivative Work 52

Derivative Work Trademark Law Branding Brands 52

LexBlog IP

JANUARY 9, 2024

The Federal Circuit explained that allowing GO to trademark EVERYBODY VS RACISM would undermine trademark law “to the detriment of the public who would be no longer free to express common sentiments without the threat of paying a ‘licensing fee to someone who sees an opportunity to co-opt a political message.’”

Trademark 52

Trademark Trademark Law Registration Licensing 52

TorrentFreak

JANUARY 5, 2024

On January 1, 2024, TorrentFreak published a review of the wrongful DMCA notices filed against us in 2023, either directly via email or at Google demanding deindexing of our articles. Our small request for 2024 was not unreasonable: stop sending us bogus copyright notices.

Publishing 88

Publishing Copyright Infringement Reporting Copyright 88

Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

Patently-O

OCTOBER 4, 2023

This year we’re limiting the focus to patent law & trademark law. My fellow panelist is trademark expert Richard Mandel of Cowan Liebowitz and we’ll be providing a year-in-review plenary session for the conference. Sanofi decision for both biotech and “regular” tech.

Intellectual Property Law 49

Intellectual Property Law Intellectual Property IP Trademark Law 49

Patently-O

APRIL 20, 2024

21, 2024) (question paraphrased). I think of the design patent test as quite close to likelihood of confusion in trademark law, but design and trademark pedants yell whenever I make this comparison. Must the comparison prior art be the “same article” as claimed? Columbia Sportswear N. 23-1052 (U.S.

Design Patent 69

Design Patent Art Designs Design 69

LexBlog IP

FEBRUARY 29, 2024

January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. Trademark law has something to say about use. Rights owners have tried to use trademark law to extend copyrights, albeit with limited success. His full bio can be viewed here. [1]

Public Domain 52

Public Domain Intellectual Property Copyright Trademark 52

Technology & Marketing Law Blog

JANUARY 24, 2024

Gutman , 2024 WL 172609 (2d Cir. 17, 2024) Selected Related Posts : Who Owns Social Media Accounts?–In Can you imagine how much better off they both would have been if they had worked out a deal initially and then spent all of their time and money doing marketing and focusing on their customers’ needs rather than paying lawyers?

Social Media 78

Social Media Ownership Designs Design 78

LexBlog IP

JULY 5, 2023

On June 29, 2023, the Supreme Court adopted a restrictive view of the extraterritorial application of the Lanham Act, holding that federal trademark law cannot support a claim for trademark infringement against solely foreign conduct. The case is Abitron Austria GmbH v. Hetronic International, Inc. Read the opinion here.

Trademark 52

Trademark Marketing Marketing Contracts 52

The TTABlog

JUNE 30, 2023

TTAB Posts June 2023 Hearing Schedule TTAB Posts May 2023 Hearing Schedule USPTO Proposes Increase in Trademark-Related Fees - Effective November 2024 Text © John L. Welch 2023.

Ownership 59

Ownership Registration Designs Design 59

LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”).

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

SpicyIP

JANUARY 31, 2024

Given this, I wonder if the Court will have to check the “veracity” of the claims, besides their “protectability” under trademark law or passing off.) The case will be heard in May 2024. While the inherent truth within a mark may not be a decisive factor in protecting it, it may influence the consumer’s choice.

Inventor 64

Inventor Ownership Reporting Registration 64

The TTABlog

APRIL 17, 2024

April 15, 2024). Citing Wal-Mart , the court observed that trademark law does not protect "product designs that lack distinctive meaning as a source identifier." That same principle applies to trademark registration. Welch 2024. The district court had also found the configuration to be de jure functional.

Designs 64

Designs Design Advertising Advertising 64

The TTABlog

FEBRUARY 6, 2024

With the door opened to registration of slurs as trademarks, what LGBTQ+-oriented marks have been registered? The article may be downloaded here , and it appears in 2024 U. LGBTQ+ slurs can now be registered as federal trademarks. Brunetti permitted federal registration of disparaging, immoral, or scandalous trademarks.

Trademark 72

Trademark Registration Trademark Law Law 72

SpicyIP

FEBRUARY 5, 2024

Highlights of the Week Comments on the Proposed Patent (2nd Amendment) Rules, 2024 In addition to the typos and ambiguity regarding the timelines, the Draft Patent (2nd Amendment) Rules, 2024, inter alia, suffer from limited scope and require clarity on the qualification of the designated officers. Marico Ltd. & & Anr vs J.

Trademark 59

Trademark Settlement Licensing Copyright Infringement 59

SpicyIP

DECEMBER 12, 2023

The matter is listed before the court on 22 March 2024. 316 US 203] “the protection to trademark is the law’s recognition of the psychological functions of the symbols”. Mr. Jacob Jacoby in his article, “The Psychological Foundations of Trademark Law: Secondary Meaning, Generism, Fame, Confusion, Dilution.”

Trademark 59

Trademark Branding Brands Branding 59

Patently-O

JANUARY 26, 2024

by Dennis Crouch The Federal Circuit has just reissued this important trademark decision as precedential. In re GO & Associates , 22-1961 (Fed.

Registration 64

Registration Trademark Service Mark Trademark Law 64

SpicyIP

FEBRUARY 21, 2024

Rather, after analysing the legislative intent of the TRA, conflicting High Court judgements on the said issue and the earlier position of trademark law in India, the Court referred the matter to a larger bench for reconsideration. Image from here Legislative Oversight? However, the Court did not pass a verdict on this issue.

Trademark 105

Trademark Intellectual Property Designs Design 105

SpicyIP

JANUARY 30, 2024

The menace of drugs with similar/ identical brand names was again brought to light through a hard-hitting and extremely informative op-ed published in the Hindu on January 25, 2024, written by Dinesh S. Thakur and Prashant Reddy T. We are pleased to bring to you a copy of the co-authored op-ed below.

Branding 116

Branding Brands Branding Social Media 116

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. In light of the Metaverse, it follows naturally that the enforcement of trademark rights would change over time.

Trademark 85

Trademark Non-Fungible Tokens Branding Brands 85

LexBlog IP

FEBRUARY 16, 2023

On January 13, the China National Intellectual Property Administration (CNIPA) circulated a draft amendment to the PRC Trademark Law for public comment (“TML Draft Amendment”). The CNIPA Draft Amendment is comprised of a total of 101 articles in 10 chapters (as opposed to 73 articles in 8 chapters in the current law).

Trademark Law 40

Trademark Law Trademark Law Registering Trademarks 40

SpicyIP

DECEMBER 30, 2023

Ujoy Technology and Toyota Jidosha Kabushiki Kaisha vs Tech Square Engineering Pvt Ltd [Delhi High Court] This year the concept of transborder reputation in trademark law saw two important interpretations from the Delhi High Court. Bolt Technology v. First, in Toyota v.

IP 124

IP Copyright Trademark Intellectual Property 124

The TTABlog

JANUARY 23, 2024

14, 2023, re-designated as precedential, January 22, 2024). e), the CAFC has re-designated as precedential its opinion in In re GO & Associates, LLC , Appeal No. 2022-1961 (Fed.

Designs 64

Designs Design Registration Service Mark 64

Patently-O

DECEMBER 12, 2021

One thinks of a potential 2024 Marco Rubio presidential campaign that seeks to sell T-Shirts saying TRUMP TOO SMALL, but is burdened by the national registration of that mark by Mr. Elster. Lemley, What the Right of Publicity Can Learn from Trademark Law , 58 Stan. Dogan & Mark A.

Registration 69

Registration Government Advertising Advertising 69