Erik K Pelton

DECEMBER 20, 2022

And the number of active trademark registrations in the USPTO database is larger than ever. Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. It currently accounts for about 15% of the entire revenue spent on global advertising. Remember, posting content that contains someone else’s logo, product name, or trademark may infringe upon their IPRs.

Social Media 52

Social Media Intellectual Property Registration Branding 52

IP and Legal Filings

OCTOBER 26, 2023

This is generally done by giant corporations and brand names to survive the competition and swallow the small businesses for gains. The modus operandi of bullying and legal threats which are baseless by large entities gets initiated by serving a cease and desist notice which contains threats of instituting a trademark infringement suit.

Cease and Desist 97

Cease and Desist Trademark Registering Trademarks Business 97

Kashishipr

JUNE 4, 2021

QR codes originated in the automotive industry and are now commonly used in advertising, payments, product tracing, and detection of counterfeits, etc. Can we Trademark QR Codes? However, if you incorporate a QR code into a logo, you can file a Trademark Application to register that logo. Judicial Viewpoint.

Trademark 97

Trademark Intellectual Property Registration Trademark Law 97

SpicyIP

MARCH 10, 2024

Image from here In the case of Sterling Agro Industries Limited vs ASR Trading Company , the Delhi High Court while dealing with a trademark infringement suit, imputed mala fide intention to ASR Trading’s (the Defendant) act of applying for a trademark registration. His previous posts can be accessed here.

Trademark 59

Trademark Registering Trademarks Registration False Advertising 59

Intepat

DECEMBER 21, 2021

QR codes were first utilised in the automotive business, but they are now widely used in advertising, payments, product tracing, and counterfeit detection, among other things. Is the Trademark Act applicable to QR Codes? One can, however, file a Trademark Application to register a logo that incorporates a QR code.

Trademark 98

Trademark Intellectual Property Registering Trademarks Branding 98

Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Characters are often protected by copyright, even if their fashion is not, but they are also routinely protected by trademark. Trademark infringement, however, isn’t like copyright.

Trademark 246

Trademark Copyright Cease and Desist Copying 246

IP and Legal Filings

SEPTEMBER 8, 2023

As per the Trademarks Act 1999 , the definition of trademark explicitly conveys that only the graphical representation of the marks and the element of in comparability i.e dissimilarity between the existing marks either in terms of shape, size, color, picture serves the essentials of a trademark.

Trademark 52

Trademark Registration Marketing Marketing 52

IP and Legal Filings

FEBRUARY 16, 2023

In order to maintain the owner’s rights, a trademark must be used and periodically renewed; otherwise, the proprietor might lose the validity and the right of enforcing the trademark. Image Sources : Shutterstock] A trademark’s removal from the trademark registration is the consequence of non-use.

Trademark 52

Trademark Registration Registering Trademarks Advertising 52

IP and Legal Filings

JULY 5, 2023

Introduction Trademarks are recognised phrases, words, or symbols that designate a certain item and lawfully distinguish it from all other items of the same type. A trademark is a valuable intellectual property that businesses use to differentiate their brand from their competitors’ in the market. Avoid well-known brands.

Trademark 59

Trademark Registration Branding Brands 59

Intepat

MAY 16, 2023

If the property of a person can be protected, likewise, when a popular celebrity like Amitabh Bachchan faces possible harm regarding his brand, the same can be protected under his right to publicity. The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks.

Branding 98

Branding Brands Branding Personality Rights 98

The IP Law Blog

MARCH 5, 2021

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. Once a mark becomes generic, it loses its trademark protection and becomes available to the public.

Trademark 85

Trademark Branding Brands Branding 85

IP Tech Blog

AUGUST 17, 2022

In particular, Tsingtao alleged that such use of its registered trademark created in the relevant users the impression that the small breweries’ beer and brand was somewhat related to Tsingtao Beer. 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

Trademark and Copyright Law Blog

JULY 9, 2020

In addition to making history in the remote-work era, this case caught the attention of trademark lawyers and some mainstream media ; after all, it concerns a relatively well-known brand and the intriguing question of genericness. Yes, Booking.com can now obtain a federal trademark registration and can use the ® symbol with its mark.

Trademark 93

Trademark Registration Trademark Law Fair Use 93

LexBlog IP

APRIL 19, 2023

“Trade dress” is a subsection of trademark law and protects the design and shape of a product or its packaging, again to identify the source of the product. Sellers should mark uses of their trademarks with the “TM” or “®” symbol to inform the public of their trademark rights.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

IP and Legal Filings

FEBRUARY 20, 2022

Slogans are brief, memorable words that are commonly used in advertising to promote a specific company. Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. As a result, slogan registration is frequently denied due to a lack of distinctiveness.

Trademark 54

Trademark Advertising Advertising Registration 54

LexBlog IP

SEPTEMBER 15, 2021

The Court of Appeals affirmed the previous decision of the district court which found that Australian Leather had wilfully infringed Deckers’ “UGG” trademarks by selling less than 15 pairs of UGG branded boots in the U.S., Background.

Trademark 52

Trademark Registration Branding Brands 52

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. There have been some court decisions on this precise topic, but the law is not completely settled. But what rights do you have to what it creates for you?

Designs 52

Designs Design Trademark Copyright 52

IP and Legal Filings

MARCH 28, 2023

Marks that are so well-known, highly regarded, or famous that governments have determined they warrant protection regardless of whether their unauthorised use is likely to lead to consumer confusion are protected by trademark dilution. This is known as trademark dilution. Blurring Tarnishing 1.Blurring Haute Diggity Dog. [4]

Trademark 70

Trademark Branding Brands Branding 70

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. Tam and Brunetti, striking down various bars on registration. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

The TTABlog

AUGUST 30, 2023

SS Vape Brands, Inc. If that were the case, having a famous mark would entitle the owner to a right in gross, and that is against the principles of trademark law." The Board has long recognized that the 'Internet is such a pervasive medium that virtually everything is advertised and sold through the Internet.'"

Designs 57

Designs Design Branding Brands 57

SpicyIP

MAY 18, 2022

The Indian Trade Marks Registry is also seeing activity under classes 9, 35 and 41 for registration of trademarks in relation to ‘downloadable virtual goods’ and online virtual services. Some examples under class 9 include: S.No. However, when it comes to virtual goods, classification is not straightforward.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

Kashishipr

SEPTEMBER 7, 2022

When we talk about building brand image and attraction, fashion companies put in a lot of time, money, effort, and hard work. Trade dress protection falls under trademark law as the design functions as a trademark, i.e., identifying a product emerging from a specific fashion house or fashion designer.

Trademark 52

Trademark Designs Design Marketing 52

IP and Legal Filings

FEBRUARY 4, 2022

Introduction: The concept of comparing and considering a trademark in its entirety is a well-established tenet in trademark law. When a trademark is registered, it provides protection to the mark as a whole, even if it is a composite trademark with numerous aspects in it.

Registration 63

Registration Trademark Trademark Law Marketing 63

LexBlog IP

MARCH 28, 2023

Now, as a practical matter, parodies won’t confuse when differences in marks, markets, or message, typically ridicule, signal that the brand company didn’t make the joke. But absent these features, pervasive copying and trading off a brand’s goodwill tends to confuse. She continued: “Parodies can be confusing. I had a dog. BLATT: Okay.

Branding 52

Branding Brands Branding Trademark 52

SpicyIP

FEBRUARY 13, 2023

Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision. What stands out here is that the Court granted an injunction in favour of the Plaintiff based on earlier registration without considering the non-use of the mark by them.

Designs 52

Designs Design Trademark Cease and Desist 52

LexBlog IP

MARCH 28, 2023

Now, as a practical matter, parodies won’t confuse when differences in marks, markets, or message, typically ridicule, signal that the brand company didn’t make the joke. But absent these features, pervasive copying and trading off a brand’s goodwill tends to confuse. ” The argument got spirited quickly.

Branding 52

Branding Brands Branding Trademark 52

SpicyIP

MARCH 25, 2024

Sunanda Bharti on the Michelin Stars and its interaction was trademark laws. Bharti is a Professor of Law at Delhi University, and her previous posts can be accessed here. Image from here Mischief, Manifestation, and the Michelin Trademark!

Trademark 45

Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

Selvam & Selvam Blog

MARCH 28, 2022

The trademark law firmly establishes that a trademark owner reserves the exclusive right to use the trademark and enforce the same. Section 142 of the Act categorizes threats as circulars, advertisements or other similar means served on the other party. A widely discussed example was when Apple Inc.,

Cease and Desist 40

Cease and Desist Trademark Due Diligence Intellectual Property 40

IPilogue

JANUARY 14, 2022

Trademark Law. Parody in Trademarks is No Joke. In Subway IP LLC v Budway, Cannabis & Wellness Store , the Federal Court reaffirmed that parody is not a defence against trademark violation. With damages amounting to $40,000, it is clear the courts are unamused by parody in trademarks. Copyright Law.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

SpicyIP

NOVEMBER 8, 2023

For collective marks, he argued that out of 10 collective mark registrations he examined, 9 were granted erroneously. DRS , where the court held that ad-words are not inherently violative of trademark rights. Only then does Google need to take action against the advertisement and not otherwise. Let’s see how it unfolded.

Trademark 59

Trademark Publishing Journalism Copyright 59

Technology & Marketing Law Blog

OCTOBER 19, 2021

Thus, other cases have applied conversion law to alleged theft of domain name registrations (e.g., If it had, it would have eliminated the distinctions between IP law and the law of chattels. If it had, it would have eliminated the distinctions between IP law and the law of chattels.

Licensing 88

Licensing Copyright Contracts Advertising 88

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Defining Trademark A “trademark” is a mark which is used for a commercial purpose. It is also called a brand name because it contains names, symbols, logos, and taglines that help to identify and differentiate a company’s goods and services from those of others. How do trademarks function?

Business 52

Business Trademark Registration Cease and Desist 52

Kashishipr

SEPTEMBER 8, 2021

A trademark is typically a sign, logo, symbol, word, phrase, design, or combination of them, which identifies the product or service of a particular brand. It recognizes the corporate identity of the brand. To sell the product, using the brand name makes it a trademark.

Trademark 105

Trademark Registration Branding Brands 105

The TTABlog

NOVEMBER 6, 2023

The Board granted a petition for cancellation of a registration for the mark CS for "amplifiers," finding that Petitioner Adamson Systems proved by a preponderance of the evidence that Respondent Peavey Electronics had discontinued use of the CS mark on amplifiers, with intent not to resume use. Lanham Act, Section 45.

Registration 60

Registration Branding Brands Branding 60

43(B)log

DECEMBER 1, 2022

Grimaldi grounds, the district court’s grant of summary judgment to MTV on the resulting trademark claims. MGFB has a federal registration for FLORA-BAMA for “bar and restaurant services” and several entertainment services, including “social entertainment events,” live musical performances, and “competitions for fish throwing.”

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

Kashishipr

AUGUST 18, 2021

The same is majorly influenced by the mode of use, nature of advertising, and inherent nature contributing to the inherent distinctiveness of the mark owing to its common characteristics. The issue of the distinctiveness of a family of trademarks was brought forth in the case of Pure & Simple Concepts, Inc. Dish Pizza.’

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Trademark Registration Branding Brands 105