LexBlog IP

APRIL 17, 2023

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. 32 of the Trademark Law requires that no trademark shall be registered if it collides with a prior unregistered mark that has acquired a certain or high reputation in China.

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Trademark Law Trademark Law Branding 52

IPilogue

FEBRUARY 28, 2022

Interestingly, another battle regarding the Gruyère trademark is happening in North America. However, the fate of the Gruyère trademark in Canada is still up in the air. However, the fate of the Gruyère trademark in Canada is still up in the air. However, SCU did not give up.

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Trademark Registering Trademarks Intellectual Property Advertising 106

Velocity of Content

JULY 26, 2022

But trademarks are not mentioned in that foundational document. This blog has already discussed the differences between copyright and trademark– which are, unfortunately, too frequently confused as two alternative ways of protecting non-technical IP. Copyright Office, after what amounts to a much lighter review process.

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SpicyIP

MAY 18, 2022

Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse. In the US too, several companies are protecting their trademarks for similar goods and services. Aparajita Lath. Image from here.

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Non-Fungible Tokens Trademark Artwork Art 122

SpicyIP

MAY 2, 2022

We’re pleased to bring you a timely guest post by Sangita Sharma on a recent order by the Delhi High Court, on the usage of a competitor’s registered trademarks as keywords or adwords. The plaintiff filed the suit seeking protection of its various registered trademarks used by Defendant No.1- 1- Booking.com B.V

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Registering Trademarks Trademark Advertising Advertising 119

Intepat

DECEMBER 6, 2022

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. There have been various landmark judgements which have not only highlighted cardinal principles of trademark law but have also given a nuanced understanding of how Courts interpret statutory trademark provisions.

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Trademark Trademark Law Registering Trademarks Law 98

TorrentFreak

FEBRUARY 24, 2023

In August 2022, Japanese manga publisher Shueisha filed an ex parte application at a California district court seeking information for use in a foreign proceeding – a lawsuit in Vietnam or Japan targeting pirate site operators. anti-piracy campaign run by Authorized Books of Japan (ABJ) to protect manga and similar content.

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Publishing Advertising Advertising Music 118

43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.” Here, the U.S.

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LexBlog IP

MAY 12, 2023

Understanding the Difference Between Actual Use (1(a)) and Intent to Use (1(b)) Trademark Applications by Kennington Groff What is the difference between a Section 1(a) actual use application and a Section 1(b) intent to use trademark registration application? How do I protect this new name I thought of for my business or product?

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Trademark Registration Intellectual Property Intellectual Property Law 52

LexBlog IP

SEPTEMBER 15, 2021

Deckers ) filed a lawsuit against Sydney-based footwear company, Australian Leather Pty Ltd ( Australian Leather ) for trademark infringement, the U.S. Trademarks that are distinctive, and therefore eligible for protection in one country, may have a generic meaning and therefore not be registrable or enforceable in another.

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Trademark Registration Branding Brands 52

LexBlog IP

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. A patent protects an invention. As the U.S. Copyright Office. then it is no longer a trade secret.

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IP and Legal Filings

JULY 8, 2022

Moreover, the free trade agreement with the United States has eliminated tariff barriers on all consumer and industrial products, and also provided strong protections for foreign businesses investing in Oman. In terms of foreign direct investment (FDI), total investments in 2017 exceeded US$24billion. Term of Protection.

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LexBlog IP

JULY 8, 2021

A Section 1(b) Intent-to-Use trademark application means that a person or legal entity has a “ bona fide ” intent to use the trademark “in commerce” in the near future. The Two Common Trademark Applications: 1(a) Use in Commerce vs. 1(b) Intent-to-Use. Pros and Cons to Filing an Intent-to-Use Trademark Application.

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IP and Legal Filings

AUGUST 14, 2023

In disputes arising out of the latter, first, preliminary ABC issues must deal with- A pplication of Foreign Judgements, B asis of Jurisdiction and C hoice of Law. Application of Foreign Judgements determines whether judgements from different nations can be enforceable in the current dispute.

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Copyright Infringement Law Copyright Intellectual Property 52

LexBlog IP

JULY 10, 2023

Infringing use of trademarks or engaging in acts of unfair competition “in commerce” within the U.S. In cases involving both domestic and foreign activities, the crucial factor is whether the conduct relevant to the statute’s focus occurred within the U.S. See Hetronic International, Inc. Abitron Austria GmbH, 10 F.4th

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Advertising Advertising Trademark Branding 40

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Instead of protecting consumers, this bill gives trademark owners absolute control over online marketplaces by overturning Tiffany v. Because the bill makes it impossible for online marketplaces to avoid contributory trademark liability, this bill will drive most or all online marketplaces out of the industry.

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Trademark False Advertising Advertising Advertising 136

43(B)log

FEBRUARY 21, 2022

She alleged both health and moral concerns about foreign beef, which she alleged was produced under dangerous and environmentally destructive/harmful labor conditions. She alleged both health and moral concerns about foreign beef, which she alleged was produced under dangerous and environmentally destructive/harmful labor conditions.

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Advertising Advertising False Advertising Government 59

SpicyIP

MARCH 25, 2024

Sunanda Bharti on the Michelin Stars and its interaction was trademark laws. Image from here Mischief, Manifestation, and the Michelin Trademark! As an IP enthusiast, the author perceives this as a trademark matter. Bharti is a Professor of Law at Delhi University, and her previous posts can be accessed here. By Dr. (Prof.)

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Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

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

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising. Patent & Trademark Office. He received his J.D.

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Due Diligence Patent Prosecution Litigation Intellectual Property 59

Biswajit Sarkar Copyright Blog

JANUARY 19, 2022

In that case, Google was using the plaintiff’s (Bharatmatrimony) trademark for advertising the websites of other matrimonial sites. In this article, I would discuss how Indian courts have protected domain names over the years in the context of this recent judgment. This is because there were several factual questions in dispute.

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Registration Trademark Cinema Business 52

IP Tech Blog

AUGUST 22, 2022

Fashion brands, for example, are filing trademark applications in the US, Japan and the EU to secure protection for the use of their brands on digital projections of their apparel, shoes and accessories that are transacted in the Metaverse. Are they protectable by design patents? Other countries are lagging behind.

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Design Patent Designs Design Patent 57

Kluwer Copyright Blog

SEPTEMBER 1, 2021

music synchronised in an advertisement) and adaptations (e.g. The application of the exception for parody must strike a fair balance between, on the one hand, the interests and rights of the rightholders, and, on the other, the freedom of expression of the user of a protected work. a remake or an adaptation of a book into a film).

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Derivative Work Copyright Law Copyright Law 107

SpicyIP

NOVEMBER 23, 2021

We are pleased to bring you a guest post from Payal Saraogi, on a recent decision of the Delhi High Court on Google’s use of trademarks as advertisement keywords. Revival of the Third-party Trademark as a Keyword Dispute. Google India Private Limited and others. The parties and their positions.

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Trademark Advertising Advertising Trademark Law 137

Intepat

DECEMBER 4, 2023

In the competitive world of business, trademarks play a pivotal role in distinguishing one company’s goods or services from another. These legal identifiers are commonly known as ‘trademarks,’ serving as a critical tool for establishing a unique identity, reputation, and goodwill for a business entity.

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Registration Trademark Contracts Advertising 52

Technology & Marketing Law Blog

JULY 17, 2023

the Supreme Court held that the Lanham Act does not reach trademark infringement that occurs outside of the United States (US). In addition, the opinion has important ramifications for domestic trademark law through its identification of “use in commerce” as the actionable domestic conduct. The same is true even in trademark treaties.

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Trademark Blogging Litigation Law 69

The IP Law Blog

JANUARY 12, 2023

This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets. . As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets.

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IP Intellectual Property Social Media Cease and Desist 98

Intepat

JUNE 12, 2023

These have been termed as ‘trademarks’ in the legal parlance. Therefore, it is only natural that these trademarks are protected by the legal framework, which comes into play when such trademarks are registered with the relevant governmental authority of the country.

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Registration Trademark Contracts Intellectual Property 52

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. The case clarifies that the bar on arbitrability of trademark disputes is not an absolute one. Golden Tobacco Ltd [Delhi High Court].

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IP Intellectual Property Copyright Trademark 143

LexBlog IP

JANUARY 12, 2023

This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets. As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

The TTABlog

MAY 8, 2023

The Board addressed this single, threshold question: "[I]s Opposer Rebecca Curtin, as a purchaser of goods bearing the challenged mark, entitled to oppose the mark’s registration under Section 13 of the Trademark Act, 15 U.S.C. Rebecca Curtin v, United Trademark Holdings, Inc. The Board said no. Static Control Components, Inc. ,

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The TTABlog

JANUARY 2, 2024

Fails to Function as a Trademark for Ornamental Novelty Pins, Says TTAB Precedential No. 30: TTAB Grants Motion for Leave to Take Foreign Discovery Depositions by Videoconference CAFC Decisions: CAFC Hears Oral Argument in In Re Chestek PLLC, the "Where Do You Sleep at Night?" KEEP AMERICA GREAT!

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IP and Legal Filings

FEBRUARY 20, 2024

Protecting personality rights has become a growing problem in India due to deepfakes, morphed pictures, etc. PERSONALITY RIGHTS In this day and age of endorsement deals and tabloid speculations, it is crucial for celebrities to protect their rights and reputations. The Plaintiffs cited foreign court rulings, such as Bette Midler v.

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Personality Rights Privacy Social Media Intellectual Property 63

LexBlog IP

NOVEMBER 30, 2022

In fact, that case also found that the pictures of such food, in that case, did not merit copyright protection either. Since my 2017 article, there seems to have been great attention paid by legal commentators to efforts to protect recipes. In 2021, Andrea Borroni wrote the perceptively punctuated Protecting Recipes?

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IP Intellectual Property Fair Use Trademark 52

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. The Court delineated instances like parody and satire where free speech in the context of well-known persons may be protected. the licensee.

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IP Copyright Trademark Intellectual Property 124

43(B)log

AUGUST 11, 2021

We coded extrinsic analysis as prong two when it focused on protectable expression. Panel 18 – Trademark Liability: Jake Linford, Justin Sevier, Allyson Willis, Sex, Drugs, and Trademark Tarnishmyths Sex/drugs inherently tarnishing? Notice to competitors and consumer protection might both indicate that Tea Rose is a bad idea.

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Trademark Copyright Branding Brands 72

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

Also, I’m not including the many foreign-based services over 50M MAU, but some of them may be subject to the Texas law as well. It’s Conlaw 101 that the First Amendment protections for free speech and free press only restrict the actions of state actors, not private actors. ” How does the judge know that?

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