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Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)

Technology & Marketing Law Blog

The United States Patent and Trademark Office (USPTO) refused registration of “Trump Too Small” under Section 2(c) of the Lanham Act ( 15 USC 1052(c) ) because the phrase includes a living individual’s name without his written consent. VIP Products (2023) opinion and its other trademark cases. Tam (2017) and Iancu v.

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Trademark Registration of Political Messages for Expressive Merchandise–In re Elster (Guest Blog Post)

Technology & Marketing Law Blog

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law. Federal Circuit holds refusal to register a political message for T-shirts violates the First Amendment, but fails to acknowledge that these types of registrations can chill expression.

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Should Lawyers Offer A Brand Creation Service?

azrights

Though many important decisions people make when creating a new brand identity are intellectual property decisions, IP lawyers are rarely involved in the naming and brand creation process. . As a trademark lawyer, I began to ask myself why? So, I wrote Brand Tuned, the new rules of branding, strategy and intellectual property.

Branding 119
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Registration of Motion Mark as Trademark in India

Kashishipr

A proposed motion trademark can be made with the help of animations, different computer programs, or any moving object existing around the company. While applying for the Trademark Registration of a motion mark in India, it is essential to ensure that the mark is capable of being depicted on paper.

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Hot Take on the Wavy Baby Decision (Guest Blog Post)

Technology & Marketing Law Blog

MSCHF has frequently targeted major brands. At this point the Second Circuit baldly states “MSCHF used Vans’ trademarks—particularly its red and white logo—to brand its own products.” Unlike the defendant in Jack Daniel’s , MSCHF, at least amongst its relevant consumers, has a valuable brand.

Blogging 112
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Protection of Color Trademarks under the Indian Trademark Law

Kashishipr

The single color or color combination of a product’s packaging can obtain Trademark Protection only if it is capable enough to be recognized by the general public as unique or belonging to a specific brand. Law on Color Trademarks in India. Final Thoughts.

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Distinctiveness in Trademark Law

azrights

The law is not there to reduce competition by giving a monopoly right over generic, common category terms and elements to a single brand owner. For example, Pizza Express is trademarked. Obviously, this doesn’t stop anyone else who sells pizza from using the word pizza to describe their offerings or as part of their brand names.