IP Watchdog

MARCH 14, 2024

The United States Patent and Trademark Office (USPTO) recently released new guidance to patent examiners on making obviousness rejections. The purpose of this article is to propose a few responses one might use to counter rejections that apply certain problematic aspects of the new guidance. Court of Appeals for the Federal Circuit.

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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?

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TorrentFreak

MARCH 31, 2024

The initial findings cover copyright, design, patent, and trademark issues, but mindful of our niche, our coverage here is mostly limited to the former. These articles covered a range of topics with two themes standing out – scope of rights and registration, and IP disputes.

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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. So, copyright infringement against Hollogram TV, potential trademark infringement, or something else?

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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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Plagiarism Today

OCTOBER 24, 2022

If you want a more complete list of the Halloween-related articles that have been featured on this site, check out this post from October 2021. However, if you want more of a highlight reel, this article should help get you started. 5: Understanding Copyright, Trademark and Halloween Costumes. Bottom Line.

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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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JD Supra Law

DECEMBER 11, 2023

The US Patent and Trademark Office (USPTO) has published a notice with supplemental guidance for its staff members examining design patent claims that include computer-generated images.

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JD Supra Law

DECEMBER 12, 2023

Last month, the United States Patent and Trademark Office published Supplemental Guidance for examination of design patent applications related to computer-generated electronic images.

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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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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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Erik K Pelton

MARCH 4, 2021

I was quoted in an article by World Trademark Review this week about the ongoing and growing scams targeting trademark owners in the US as suggesting a taskforce to help tackle this complex issue on multiple fronts. improve and extend communication efforts to the public and trademark applicants regarding the scams.

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Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

Principal Cynthia Walden and Associate Sarah Kelleher discuss the non-fungible token (NFT) trend across the fashion industry and what this digital arena means for trademark protection and enforcement. Read the full article on World Intellectual Property Review. PDF copy available. To File or Not to File.

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JD Supra Law

AUGUST 31, 2023

In our previous article, Protecting Your Brand: A Primer on Canadian Trademarks, we touched upon the beginning stages of a trademark application and considerations such as, "Should I register my trademark?" and "Is the trademark available?" By: Miller Canfield

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Erik K Pelton

JULY 11, 2023

The following is an edited transcript of my video Data Demonstrates the Value of a Trademark Attorney. I was pleased to see the following empirical data that working with a trademark attorney improves the odds of success for a trademark application. That number shot up to 81% of the time when working with an attorney.

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Technology & Marketing Law Blog

MARCH 8, 2024

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money.

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IPilogue

OCTOBER 28, 2021

In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. The Act defines a “useful article” as having a utilitarian function, which encompasses most clothing. Scary Issues with Licensing and Trademarks.

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JD Supra Law

APRIL 26, 2023

Editor's Note: This article is the third in a series by Katten attorneys examining NFTs and various novel legal issues raised by NFTs. NFTs are a new medium that embodies traditional forms of intellectual property, including trademarks and copyrights. By: Katten Muchin Rosenman LLP

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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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The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. These rules were introduced in the 2021 amendment to Article 1360 of the Civil Code.

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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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JD Supra Law

MARCH 11, 2024

Recent guidance published in the Federal Register by the United States Patent and Trademark Office (USPTO) explains some of what is required by patent examiners in making an obviousness case under 35 U.S.C. §

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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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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

MARCH 22, 2023

In what may be the longest running trademark dispute in the United States, the U.S. Trademark Trial and Appeal Board (“TTAB”) in December 2022 ordered the cancellation of the COHIBA and COHIBA (stylized) registrations owned by General Cigar Co. General Cigar”), based on Article 8 of the Pan American Convention.

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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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IP Watchdog

JANUARY 14, 2022

The International Trademark Association (INTA) has made an amicus submission before the EU Court of Justice (CJEU) in a case concerning parallel imports and EU trademark law. In the case at hand, Harman, which makes audiovisual equipment, brought trademark infringement proceedings in Poland against AB, a distributor.

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JD Supra Law

DECEMBER 1, 2023

However, these discussions were probably focused on the actual games—or maybe the love story between Taylor Swift and Travis Kelce—and not the recent efforts by NFL teams to secure and promote their trademark rights. Luckily, this article will bring our readers up to speed on all the recent trademark drama involving the NFL.

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JD Supra Law

OCTOBER 2, 2023

With more individuals and businesses entering the cannabis sector, there has been an increased interest in what kind of trademark protections a cannabis business can obtain. This article seeks to briefly cover what in the cannabis industry can and cannot be federally trademarked and where the laws are heading.

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The TTABlog

MAY 22, 2023

Thank you, Ted Davis, for permitting me to post a link ( here ) to your article, "Recent Developments in United States Trademark and Unfair Competition Law." This article is a companion to the Ted's presentation at the 2023 Annual Meeting of INTA in Singapore. Read comments and post your comment here.

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JD Supra Law

FEBRUARY 21, 2024

Based on a number of Federal Circuit decisions in the years since Alice, the United States Patent and Trademark Office (USPTO) has attempted to clarify the issue of patent eligibility for process claims. This article begins with a brief overview of subject matter eligibility and the. By: Wolf, Greenfield & Sacks, P.C.

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The TTABlog

DECEMBER 21, 2023

6) issue of the Trademark Reporter has been published. A New Addition to the Trademark Litigator’s Tool Kit: A Neuroscientific Index of Mark Similarity , Mark Bartholomew, Zhihao Zhang, Ming Hsu, Andrew Kayser, and Femke van Horen. The November-December 2023 (Vol. pdf here ]. Read comments and post your comment here. Welch 2023.

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Technology & Marketing Law Blog

NOVEMBER 28, 2023

I’m pleased to share the final published version of my article, “ A SAD Scheme of Abusive Intellectual Property Litigation.” ” The article explains how IP rightsowners are twisting the rule of law to obtain ex parte TROs that prompt online marketplaces to freeze the defendants’ cash and accounts.

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Above the Fold

SEPTEMBER 29, 2023

With more individuals and businesses entering the cannabis sector, there has been an increased interest in what kind of trademark protections a cannabis business can obtain. To read more, you can access the article here.

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JD Supra Law

APRIL 21, 2023

Editor's Note: This article is the second in a series by Katten attorneys examining NFTs and various novel legal issues raised by NFTs. trademark applications covering NFT-based digital files, digital collectibles, and the like. The NFT explosion has led to a “gold rush” of thousands of new U.S. By: Katten Muchin Rosenman LLP

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LexBlog IP

SEPTEMBER 29, 2023

With more individuals and businesses entering the cannabis sector, there has been an increased interest in what kind of trademark protections a cannabis business can obtain. To read more, you can access the article here.

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The TTABlog

NOVEMBER 21, 2023

Janelle Barbier, Editor-in-Chief of the Santa Clara High Tech Law Journal , has written an interesting and informative article on the CAFC's recent ruling in Great Concepts, LLC v. A.pdf of the article is available here. Court of Appeals for the Federal Circuit handing down a ruling on trademark cancellation under the Lanham Act.

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