azrights

NOVEMBER 17, 2021

Protectability of brand elements should be considered before finalising branding decisions because there are many rules in trademark law that could result in a chosen brand identifier not being deemed sufficiently distinctive. Names and taglines involve a host of considerations that go beyond the scope of this blog.

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Olartemoure Blog

FEBRUARY 3, 2023

La entrada Spanish trademark law reform se publicó primero en OlarteMoure | Intellectual Property.

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Technology & Marketing Law Blog

NOVEMBER 27, 2023

I disagreed , and continue to think the Court will uphold the constitutionality of Section 2(c), but the question is what free speech doctrine(s) the Justices will use to make this determination and whether they will provide additional guidance on evaluating First Amendment challenges to trademark laws.

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Kashishipr

MAY 11, 2022

The post Protection of Color Trademarks under the Indian Trademark Law appeared first on Blog | Kashish IPR | Intellectual Property Rights Law Firm. For more visit: [link].

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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. The draft Article 18 Trademark Law correctly removes the distinction between registered and unregistered well-known marks. For example, the actual art.

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Technology & Marketing Law Blog

MARCH 4, 2022

This provision of the federal trademark law known as the Lanham Act is codified in 15 USC 1052.) Sections 2(a) and 2(c) both protect an individual’s right of privacy and right of publicity in trademark law by preventing the unauthorized registration of a person’s name, signature, or image.

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Technology & Marketing Law Blog

APRIL 3, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and was one of the signatories of the First Amendment Professors amicus brief filed in Jack Daniel’s Properties, Inc. The post The First Amendment Limits Trademark Rights, But How?–Jack

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Blogging Trademark Fair Use Trademark Law 101

IPilogue

NOVEMBER 15, 2022

Does this count as an artistic expression protected under First Amendment rights of expression and speech, or is it a trademark infringement upon a beloved fashion icon? Nancy Chen is an IPilogue Writer and a 2L JD/MBA Candidate at the University of Toronto. Imagine a Birkin bag – an iconic, timeless piece that arguably embodies luxury.

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IPilogue

OCTOBER 17, 2022

Jamaica seems to be just one of many jurisdictions without a searchable online trademark database. Loophole or fair strategy? One concern is that smaller companies in the U.S. without the means to exploit this method cannot enjoy this competitive advantage as technology giants could.

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The IP Law Blog

NOVEMBER 10, 2022

Hermès is suing an artist for trademark infringement over his series of digital artworks called MetaBirkins. Scott Hervey and Josh Escovedo discuss the case on this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here. Watch this episode here:

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Technology & Marketing Law Blog

JUNE 21, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.

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JD Supra Law

JULY 27, 2023

law, the rationale underlying its decision may complicate future U.S. trademark actions to stop foreign-sourced counterfeits. By: Pillsbury - Internet & Social Media Law Blog While it is not surprising that the Court adhered to the longstanding presumption against extraterritorial application of U.S.

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The IP Law Blog

DECEMBER 9, 2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the trademark and contract issues that Adidas is navigating with shoe designs and related designs in the future. Listen to the podcast of this episode here.

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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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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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Law Trademark Law Trademark Blogging 52

The IP Law Blog

DECEMBER 2, 2022

Scott Hervey and Josh Escovedo discuss the dispute on this episode of The Briefing by the IP Law Blog. Vogue Magazine is suing 21 Savage and Drake after they created mock Vogue Magazines to market their new album. Listen to this podcast episode here. Watch this episode here:

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The IP Law Blog

JUNE 9, 2023

Scott Hervey and Tara Sattler talk about the protectability of short phrases on this episode of The Briefing by the IP Law Blog. While iconic catchphrases from TV and film can hold significant equity, protection of them can be spotty. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here.

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JIPEL Copyright Blog

DECEMBER 15, 2021

While these cases exemplify the tension between different brands and their trademarks, they also allude to the growing misalignment between the luxury fashion industry and trademark law. Brands like Tide, Sharpie, and Nintendo sell at a premium because customers trust that they’re getting high quality products.

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The IP Law Blog

JANUARY 20, 2023

Trademarks perform a number of important functions. Scott Hervey and Josh Escovedo discuss the spectrum of trademark strength in this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here. Watch this episode here:

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The IP Law Blog

FEBRUARY 3, 2023

Scott Hervey and Josh Escovedo provide an overview of the trademark and copyright cases to watch on this episode of The Briefing by the IP Law Blog. Josh wrote about these cases on The IP Law Blog here. The Supreme Court will bring finality to several IP disputes this year. Listen to this podcast episode here.

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The IP Law Blog

APRIL 14, 2023

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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The IP Law Blog

MARCH 3, 2023

Rothschild found the artist’s ‘MetaBirkin’ NFTs constitutes trademark infringement and trademark dilution. Scott Hervey and Josh Escovedo talk about this case on this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here. Watch this episode on the Weintraub YouTube channel here:

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The IP Law Blog

MAY 12, 2023

Popular food chains Chipotle and Sweetgreen settled a trademark dispute relating to Sweetgreen’s use of ‘CHIPOTLE’ on its menu. Scott Hervey and Josh Escovedo talk about this dispute on this episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel.

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The IP Law Blog

JANUARY 27, 2023

Scott Hervey and Josh Escovedo talk about the importance of this review on this episode of The Briefing by the IP Law Blog. Read Scott’s article about IP asset reviews on the IP Law Blog here. The start of a new year is a good opportunity for companies to review and take stock of their intellectual property assets.

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Technology & Marketing Law Blog

FEBRUARY 27, 2022

Courts need to get wise that what’s really happening here is incumbents are leveraging things like trademark law, the CFAA, and the law of online contracts to avoid competition on the internet. The Points Guy (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

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The IP Law Blog

APRIL 28, 2023

Jack Daniels case, in which the whiskey company accused the dog toy maker of infringing its trademark with its whiskey bottle chew toy. Scott Hervey and Josh Escovedo discuss this dispute in this episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel.

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Blogging Law IP Trademark 52

Technology & Marketing Law Blog

MARCH 6, 2024

Tomelleri (who has appeared on this blog before ) illustrates fishes (see court exhibit on the right). If that rings a bell, it’s because just yesterday I blogged on a DIFFERENT fish painter, DeYoung, who also brought an IP lawsuit against a print-on-demand service (Pixels).

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The IP Law Blog

JANUARY 13, 2023

An 11th Circuit Opinion in the ‘Floribama Shore’ trademark case provides guidance on establishing artistic relevance under the Rogers Test. Scott Hervey and Josh Escovedo talk about this case in this episode of The Briefing by the IP Law Blog. Listen to this podcast episode of here. Watch this episode here:

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Blogging Trademark Law IP 52

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. Alibaba N.D.

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Trademark Law Trademark IP Blogging 98

The IP Law Blog

MAY 26, 2023

Major League Baseball player Aaron Judge went before the Trademark Trial and Appeals Board to block a person’s attempt to secure trademark rights for slogans that play on his name. Scott Hervey and Josh Escovedo discuss this dispute on this episode of The Briefing by the IP Law Blog.

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Blogging Trademark Law IP 52

The IP Law Blog

MARCH 31, 2023

The United States Patent and Trademark office has suspended action on trademark applications targeting the names of public figures. Scott Hervey and Josh Escovedo talk about this case on this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here.

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Technology & Marketing Law Blog

JULY 17, 2023

In addition, the opinion has important ramifications for domestic trademark law through its identification of “use in commerce” as the actionable domestic conduct. Now in trademark law, extraterritorial reach is a simple on-off switch: Is there use in commerce or not? In Jack Daniel’s Properties, Inc.

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The IP Law Blog

JANUARY 6, 2023

The Supreme Court granted Jack Daniel’s petition for certiorari and will hear the trademark infringement case involving a parody dog chew toy that resembles the Jack Daniel’s Whiskey Bottle. Scott Hervey and Josh Escovedo discuss this latest development in this episode of The Briefing by the IP Law Blog.

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The IP Law Blog

NOVEMBER 23, 2022

A law firm has filed a trademark infringement lawsuit against its namesake. Scott Hervey and Josh Escovedo discuss this case in this installment of The Briefing by the IP Law Blog. Listen to this podcast episode here. Watch this episode here:

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JD Supra Law

NOVEMBER 6, 2023

trademark law, Vidal v. Patent and Trademark Office (USPTO) to register the phrase TRUMP TOO SMALL as a trademark violates the free speech right under the First Amendment. Patent and Trademark Office (USPTO) to register the phrase TRUMP TOO SMALL as a trademark violates the free speech right under the First Amendment.

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The IP Law Blog

OCTOBER 14, 2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a recent episode of Marvel’s “She-Hulk: Attorney at Law” and the accuracy of a trademark infringement case featured on the show. Listen to this podcast episode here. Watch this episode here:

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The IP Law Blog

SEPTEMBER 9, 2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a Trademark dispute between toy maker Mattel and Rap Snacks after the snack company launched ‘Barbie-Que Chips’ in collaboration with rapper Nicki Minaj. Listen to this podcast episode here. Watch this episode here: .

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