JD Supra Law

MAY 28, 2024

The determination of similar goods, as a constituent element in determining whether infringement exists in trademark infringement cases, has consistently garnered significant attention, and remains a contentious issue. By: Linda Liu & Partners

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Trademark 70

Erik K Pelton

JULY 5, 2022

The following is an edited transcript of my video The Trademark Scam Decision Tree. Past listeners and viewers of my videos and podcasts will know that from time to time I provide an update and more information about trademark scams, and the time has come once again. Patent and Trademark Office and their logos.

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Trademark Intellectual Property Law Intellectual Property Government 211

Plagiarism Today

JUNE 8, 2023

A new Supreme Court decision may mean some major changes for trademark law and might seem eerily familiar to those who have been watching. The post Poop Jokes, Jack Daniel’s and Trademark appeared first on Plagiarism Today.

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Trademark Plagiarism Trademark Law Law 194

Patent Trademark Blog

FEBRUARY 26, 2024

Let’s look at how you should protect and trademark your clothing lines. Contact US patent and trademark attorney Vic Lin at 949-223-9623 or email vlin@icaplaw.com to explore how we can register your clothing brand’s trademarks, patents and copyrights. But how do you show a trademark on clothing?

Branding 52

Branding Brands Branding Trademark 52

The IPKat

MAY 11, 2024

Why does the patent use a different name from the registered trademark? These denominations cannot be registered as trademarks - for example, under Article 7.1(m) Unlike PVR law, however, trademark law imposes no obligations to maintain a direct link between a name and a plant.

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Trademark Registering Trademarks Marketing Marketing 109

Erik K Pelton

OCTOBER 28, 2022

The following is an edited transcript of my video Trademark Protection for Bands and Musicians. Just like any other brand, the music industry brands can strongly benefit from trademark protection. The post Trademark Protection for Bands and Musicians appeared first on Erik M Pelton & Associates, PLLC.

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IP Tech Blog

FEBRUARY 27, 2023

Is this the time we can really see a change in the fight against Chinese trademark squatters, or are we just adding burdens to legitimate right holders? The China National Intellectual Property Association (CNIPA) has recently published a draft amendment to the Chinese Trademark Law.

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Trademark Trademark Law Registration Intellectual Property 113

Patently-O

MAY 28, 2024

The names in this case are a bit confusing — often the case in trademark disputes. The same trademark attorney handled all these cases for Mr. Hobbs through “his” various companies. The Lanham Act provides for cancellation of registered trademarks by petitioners who believe they are damaged by the registration.

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43(B)log

JANUARY 16, 2024

Goldsmith, the Court upheld a ruling that Andy Warhol’s reworkings of Lynn Goldsmith’s photograph of the artist Prince into highly stylized silkscreens and drawings were not transformative, and thus were unfair, at least when images of the artworks were licensed to illustrate articles about Prince. In Jack Daniel’s v.

IP 81

IP Artwork Intellectual Property Licensing 81

The TTABlog

JULY 15, 2021

Thank you, Ted Davis, for permitting me to post a link ( here ) to your article "Trademark Case Decisions: The Past Year in the Courts & at the TTAB," This article is a companion to the webinar presentation of July 13th sponsored by the New York Intellectual Property Law Association. Read comments and post your comment here.

Intellectual Property Law 70

Intellectual Property Law Trademark Law Intellectual Property 70

Likelihood of Confusion

MARCH 5, 2023

A very popular post around here, based on server logs and SEO power, is this one: Trademark do it yourself? In that post I dissect an article by a bright, The post Amateur trademark filings, gauzy brand aids appeared first on LIKELIHOOD OF CONFUSION™.

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Branding Brands Branding Trademark 98

43(B)log

JANUARY 18, 2024

So says Christine Haight Farley in her intriguing new article. Christine Haight Farley, Trademarks in an Algorithmic World , 98 Wash. Abstract: According to the sole normative foundation for trademark protection—“search costs” theory—trademarks transmit useful information to consumers, enabling an efficient marketplace.

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JD Supra Law

FEBRUARY 26, 2024

In a February 2, 2023, article titled “USPTO warns of new spoofing scam targeting trademark owners,” we warned you about a spoofing tactic where scammers were calling trademark owners using “spoofing” to hide their true identity, falsely representing to be employed with the U.S.

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Trademark Patent 70

Kluwer Copyright Blog

JULY 26, 2021

Last week saw the long-awaited publication of Advocate General Saugmangsgaard Øe’s opinion on the Polish request for annulments of parts of Article 17 of the Directive on Copyright in the Digital Single Market (DSM Directive) before the European Court of Justice (Case C-401/19). Photo by Paul Keller.

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Copyright Law Copyright Law Marketing 116

Intepat

MAY 28, 2024

Trademark dilution is like death by a thousand cuts, and it is crucial to prevent the first cut. Apple’s smart business strategies have successfully upheld the validity of its trademark, preventing it from being diluted. Notably, Apple trademarked its store design in the United States in 2011.

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Trademark Intellectual Property Branding Brands 52

JD Supra Law

DECEMBER 18, 2023

In response to public comments submitted in response to its request thereof regarding the “article of manufacture” requirement for design patent eligibility appearing in Title 35, United States Code, Section 171, and as explained in our previous post, the U.S.

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Designs Design Design Patent Patent Application 62

Garrigues Blog

FEBRUARY 5, 2024

A judgment from the Court of Justice of the European Union (CJEU) clarifies the scope of third-party use of trademarks, taking into account the changes introduced in the European Directive on trademarks. regarding the use of the ZARA trademark. The Commercial Court No.

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Trademark Trademark Law Advertising Advertising 59

The TTABlog

FEBRUARY 6, 2024

In his article, "Queer Trademarks," Michael P. Brunetti on the registration of trademarks that refer to LGBTQ+ persons. 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. Tam and Iancu v.

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Trademark Registration Trademark Law Law 70

IP and Legal Filings

AUGUST 27, 2022

Section 171 of title 35 United States Code provides “whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent thereof”. The office primarily considers the designs for computer-generated icons embodied in articles of manufacture as statutorily eligible for attaining a patent.

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Design Patent Designs Design Technology 52

Garrigues Blog

APRIL 23, 2024

The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. regarding the use of the ZARA trademark, as previously discussed here.

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Trademark Advertising Advertising Trademark Law 52

JD Supra Law

JANUARY 9, 2024

To give you a head start, this article discusses a key branding question that companies frequently face and provides a roadmap for addressing it. Most in-house counsel periodically encounter branding questions — and the business team wants answers … yesterday! By: Faegre Drinker Biddle & Reath LLP

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Trademark Branding Brands Branding 98

IP and Legal Filings

NOVEMBER 1, 2023

Frank Schechter which says that a common (Generic) name can be registered by anyone, but no one has the exclusive right to that trademark, For instance, the renowned brand Apple has its trademark registered under various classes but the word ‘apple’ diluted under class 29 of the food category.

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Trademark Registering Trademarks Branding Brands 91

IP and Legal Filings

AUGUST 29, 2023

Can their names be officially protected under trademark laws?At At first, it might seem a little confusing as Trademarks are like- ‘special signs’ that help us know where products or services come from. Trademarks must have a distinguishing capacity and must be ‘distinctive’ in itself. Jitender V. Jain and Anr.,

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Trademark Trademark Law Law Advertising 87

IP Watchdog

SEPTEMBER 10, 2021

When examining trademark applications, the U.S. Patent and Trademark Office (USPTO) assesses whether the applied-for trademark presents a likelihood of confusion among consumers as compared to other registered U.S. trademarks. In making this determination, the USPTO considers a list of factors first laid out in In re E.

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Trademark Patent Government Litigation 122

Biswajit Sarkar Copyright Blog

OCTOBER 25, 2023

In February 2022, Colt CZ Group SE (Colt) a Czech holding company filed an application to register a mark depicting an assault rifle as a European Union Trademark (EUTM) containing the word elements “CZ BERN 2”. As a result, the present Community design has no direct impact on the distinctiveness of the contested trademark application.

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Trademark Registration Designs Design 69

IP Tech Blog

MARCH 7, 2024

Failure to comply with these formalities will prevent the secured party(ies) from being able to enforce the chattel mortgage against the owner of the trademark. For the granting of the mortgage, the valuation of the relevant EU trademark(s) is required.

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Trademark Intellectual Property Registration Journalism 57

Intepat

NOVEMBER 14, 2022

Trademark Classification. When you file for a trademark in India, an indispensable requirement is finding out the trademark classification of your goods or services under which you must file your brand. ” The system of trademark classification eases the process of registration of a trademark. .”

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Trademark Registering Trademarks Registration Music 98

IP Watchdog

DECEMBER 26, 2023

This year has seen a bonanza of significant trademark decisions, including several high- profile decisions from the Supreme Court. trademark law, yet in most cases returned to basic principles of trademark law to resolve the open issues. Below is a selection of a few of those significant cases from the previous year.

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Trademark Trademark Law Law Government 119

IP Watchdog

FEBRUARY 2, 2023

Patent and Trademark Office (USPTO). Supreme Court filed on behalf of her company, Jump Rope Systems, LLC, on Tuesday that her case against Rogue Fitness is justiciable and the company has standing despite the cancellation of her patent claims by the U.S. Metz and Jump Rope Systems originally sued Rogue Fitness in 2018.

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Inventor Technology Patent Trademark 126

Garrigues Blog

MAY 14, 2024

However, decades after his death, the legacy of Escobar continues to create controversy, this time from an unexpected source, namely the European courts The case arose from a European Union Trademark application for the word mark Pablo Escobar ” filed by the Puerto Rican company Escobar Inc. to cover a wide range of goods and services.

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Trademark Registering Trademarks Intellectual Property Law 52

LexBlog IP

FEBRUARY 7, 2024

For many years, courts often applied the quintessential likelihood-of-confusion test for trademark infringement claims more narrowly when analyzing allegedly infringing products that were also works of artistic expression. against a news publication using the term “Punchbowl,” even though the publication was an expressive work.

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Trademark Public Use Designs Design 52

LexBlog IP

MARCH 13, 2023

Sneak peek: I've posted an article detailing an abusive IP enforcement scheme I call the "Schedule A Defendant" (SAD) Scheme [link] Warning: you are likely to be furious after reading this paper & seeing how easily trolls are gaming our judicial system — Eric Goldman (he/him) (@ericgoldman) March 8, 2023

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IP Intellectual Property Trademark 59

LexBlog IP

JUNE 29, 2023

I am excited to announce the publication of the American Intellectual Property Law Association (AIPLA) ’s article on “ IP Aspects of Augmented Reality and Virtual Reality Technologies.” The article can be found here and was published as part of the AIPLA’s INNOVATE Magazine.

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Non-Fungible Tokens Technology Intellectual Property Intellectual Property Law 52

IP Watchdog

JANUARY 23, 2022

Patent and Trademark Office (USPTO) Director Kathi Vidal’s answers to Senators’ written questions following her recent confirmation hearing provide reasons for hope to those concerned about the current state of the patent system. Vidal’s responses emphasize three priorities: strengthening patents and trademarks, ensuring that U.S.

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Trademark Intellectual Property Patent Invention 131

The IPKat

APRIL 17, 2024

Here’s what they write: Can a trademarked mascot drink, smoke, and spray graffiti under the banner of artistic expression? From beer-drinking to graffiti-spraying, this isn't your typical trademark clash. by Jakob Plesner Mathiasen and Matilde Helene Bom Imagine a young girl donning a long white dress with a blue apron.

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Trademark Artwork Social Media Trademark Law 73

Kluwer Copyright Blog

JULY 5, 2021

If we had to be more specific and identify one main protagonist, the answer would unequivocally be: Article 17. We have a vast wealth of posts on the blog on various aspects of Article 17, presenting many different perspectives and opinions. Article 17: (Mis)understanding the intent of the legislator by Paul Keller.

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Copyright Law Copyright Blogging Trademark 56

Patentably Defined

SEPTEMBER 30, 2021

Trademark symbols are important. So is using the correct trademark symbol. I found an easy-to-understand guide to trademark symbols here. There is also an article that answers the question “ which trademark symbol should you use ?”

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