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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.

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China: The New Draft Trademark Law Increases Requirements for Recognition of Well-Known Status

IP Tech Blog

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. This will enhance the chances of a brand to obtain a certain degree of well-known status recognition. There will be varying degrees of notoriety.

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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? There are a wide range of companies offering branding services.

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The Briefing by the IP Law Blog: Law Firm Sues Las Vegas Raiders for Threatening Trademark Infringement Claim

The IP Law Blog

The NFL and Las Vegas Raiders threatened to sue a local law firm for trademark infringement, after the firm hired one of its athletes to appear in an advertisement with black and silver branding. Scott Hervey and Josh Escovedo talk about this dispute on this episode of The Briefing by the IP Law Blog.

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Trademark Law Moves Online: “MetaBirkin” Updates

IPilogue

Hermès argued that Rothschild’s usage of “MetaBirkin” was akin to a trademark, namely to “brand a product line, and to attract public attention and signify source.” All eyes are on the court as they navigate this new digital terrain and attempt to balance the freedom rights of creators against the IP rights of consumer brands.

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The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

Intellectual Property Law Blog

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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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. It also encourages safeguarding the interests of the traders and consumers in the market. For more visit: [link].