IP and Legal Filings

MARCH 28, 2024

The blog will address the legal protection of film titles and answer the big question of whether anyone can make another DDLJ. vs. Shyam Vithalrao Devkatta and Ors ” [2] Why is it necessary to copyright titles All this analysis is deemed fruitful and important when one understands the need to unravel this problem as soon as possible.

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Cinema Copyright Blogging Registration 81

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? The court begins with findings of fact, lavishing attention on the show’s plot and popularity. Meanwhile, the Ninth Circuit in Mattel v.

Blogging 90

Blogging Social Media Television Fair Use 90

Olartemoure Blog

NOVEMBER 29, 2023

WHY IS INTELLECTUAL PROPERTY CRUCIAL FOR INFLUENCERS? Build Trust: Registered content builds trust and credibility, making content more trustworthy for followers and brands. Trademark your Brand: Protect your brand name, logo, or design that distinguishes you. HOW CAN INFLUENCERS PROTECT YOUR CREATIVITY?

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IP Content Creation Intellectual Property Fair Use 105

Erik K Pelton

MARCH 11, 2022

In our continuing effort to combat trademark scams and raise awareness of this important issue, we have recently submitted comments to the FTC. Because there are many types of fraud and government impersonation, only a handful of other commenters mentioned trademark issues. ” More than 100 comments were submitted. About Erik M.

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Government Business Trademark Blogging 147

Kashishipr

DECEMBER 1, 2021

It is becoming increasingly vital that Registered Trademarks are used to maintain their validity and their ability to be enforced against third parties. Trademark cancellation actions can be filed by third parties and can prove to be extremely time-consuming, costly, and damaging to the brand. What Constitutes Use?

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Trademark Registering Trademarks Registration Intellectual Property 105

Patent Trademark Blog

JULY 12, 2023

Why Certain Trademark Arguments Are Irrelevant Certain trademark arguments are destined to fail. The secret to a successful trademark response lies in understanding the right approaches for certain situations. Need to overcome a trademark refusal? What are some loser trademark arguments? Be careful though.

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Trademark Registration Registering Trademarks Blogging 52

Patent Trademark Blog

FEBRUARY 13, 2023

What are similar trademarks? Maybe it’s just me, but it sure seems like the USPTO has become more aggressive in refusing registration of trademarks. Known as likelihood of confusion or a Section 2(d) refusal, this is one of the most common reasons why trademark applications get rejected.

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Trademark Registration Graphic Design Designs 97

Patent Trademark Blog

JULY 11, 2023

How do you register a trademark successfully? Anyone can file a trademark application with the USPTO. The challenge is not in filling out a USPTO online trademark form, but in doing the pre-filing due diligence necessary to ensure a smoother examination process. Need to register a trademark?

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Trademark Registering Trademarks Due Diligence Registration 52

azrights

OCTOBER 27, 2023

What can go wrong when trademarks are not used consistently is apparent from a 9 year trademark dispute between Lacoste and Crocodile in New Zealand which concluded in 2017 with Lacoste losing its crocodile trademark. But that monopoly only exists if you use the design you’ve registered in a consistent manner.

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Trademark Branding Brands Branding 52

LexBlog IP

MARCH 6, 2024

This blog has been cross-posted from Seyfarth’s The Blunt Truth site. Federal trademark registration is typically unavailable for goods and services related to the sale of cannabis. THC also owns a California state trademark registration for its WHAM! trademark on the packaging of its cannabis products.

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Intellectual Property Registration Trademark IP 52

IP Tech Blog

AUGUST 11, 2023

The recent draft amendment of the Chinese trademark law seems to finally zero in on trademark squatters, as described in my previous blog here ). The new regulations, if approved as drafted, will make it more difficult for squatters to steal others’ trademark by abusing the first-to-file system in force in China.

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Registering Trademarks Trademark Trademark Law Law 52

IP Tech Blog

AUGUST 17, 2022

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. Is this however a case of trademark infringement? And, why is this important? And, why is this important?

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Trademark Registering Trademarks Art Cease and Desist 104

Patent Trademark Blog

NOVEMBER 10, 2023

Why does a trademark priority claim matter? In the world of patents and trademarks, filing dates matter. When it comes to international trademark protection, there are ways to link your foreign filings to a previously filed trademark application for the same mark. Need to file foreign trademark applications?

Trademark 52

Trademark Registration IP Blogging 52

U.S. Department of Commerce

AUGUST 9, 2021

Protecting our Trademark Customers with Federal Registration of USPTO Marks. Guest blog by David Gooder, Commissioner for Trademarks . These types of misleading solicitations and trademark filing scams are a growing problem, especially as we are seeing more sophisticated enterprises entering the space. August 9, 2021.

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Registration Trademark Branding Brands 89

Patent Trademark Blog

DECEMBER 11, 2023

Trademark attorneys who are not registered with the USPTO patent bar cannot file patents. Call US patent and trademark attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to explore working with us. Second, patent attorneys are registered with the USPTO to file patents on behalf of clients.

Patent 52

Patent Patent Infringement Licensing Litigation 52

IP Tech Blog

MARCH 23, 2022

More and more companies are entering the Metaverse leading to a trend towards increased filings of trademarks in the “virtual” classes. This blog has reported on this trend here and here. Here is why: New opportunities for growing your brand. Why you need new trademark registrations now.

Trademark 57

Trademark Branding Brands Branding 57

Technology & Marketing Law Blog

MAY 13, 2023

Some of Bye, Goff’s keyword ads: I would like to know more about why Bye, Goff titled the ads this way. However, note that Nicolet Law, a surname, isn’t registered with the USPTO and there may be questions about its secondary meaning. Google * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….

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Law Advertising Advertising False Advertising 90

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

The growth of Intellectual Property Rights has led to an increase in demand for trademark lawyers in India. Trademarks have become an important part of running a business. Increasingly, businesses across India are applying for trademarks. This is where you need a trademark lawyer or agent to step in.

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Trademark Intellectual Property Registration Trademark Law 52

Patent Trademark Blog

JULY 27, 2021

Is the trademark examiner a licensed attorney? Yes, trademark examiners at the USPTO are licensed attorneys at law. That is why they are called examining attorneys as opposed to trademark examiners. Knowing your audience plays a significant role in crafting a strategy to overcome a trademark refusal. It depends.

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Trademark Registration Licensing Copying 66

Garrigues Blog

NOVEMBER 24, 2022

The EUIPO Board of Appeal has declared the validity of a trademark containing the well known work of the graffiti artist Banksy ‘ Laugh Now But One Day We’ll Be In Charge ’, having deemed that it was not registered in bad faith. It concludes that the trademark has distinctive character and is not descriptive.

Registration 52

Registration Trademark Art Blogging 52

Kashishipr

DECEMBER 21, 2021

Originating from German doctrine, one of the unconventional or non-traditional trademarks, ‘Position Marks,’ is a clear, precise, intelligible, and objective kind of mark placed or affixed at a specific area on a product in an appropriate and proportionate shape and size, capable of showing graphical representation.

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Intellectual Property Registration Trademark Branding 105

Garrigues Blog

NOVEMBER 22, 2022

The EUIPO Board of Appeal has declared the validity of a trademark containing the well known work of the graffiti artist Banksy ‘ Laugh Now But One Day We’ll Be In Charge ’, having deemed that it was not registered in bad faith. It concludes that the trademark has distinctive character and is not descriptive.

Registration 52

Registration Trademark Art Blogging 52

The IP Law Blog

JANUARY 18, 2024

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Copyright protection exists at the time of creation of the artistic or literary work, but before enforcing the rights against an infringer, it is necessary register the work with the U.S. As the U.S. Copyright Office. A patent protects an invention.

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Confidentiality Invention Business Artistic Work 113

Kashishipr

OCTOBER 19, 2022

The Trademark Rights have clearly explained the essentials and attributes of a trademark. A trademark exists in the form of an expression, slogan, or any other sign identifying the services or products of one business and distinguishing them from those of others in the market. Exploring the Essentials of a Good Trademark.

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Trademark Branding Brands Branding 52

Patent Trademark Blog

MAY 17, 2022

Can you trademark an acronym? So can you register an acronym as a trademark? Yes, acronyms can be registered as trademarks. As with any other mark, an acronym must meet certain conditions to be trademarkable. How to argue against refusal of acronym trademark. Acronyms are everywhere.

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Trademark Intellectual Property IP Blogging 52

Velocity of Content

JULY 26, 2022

But trademarks are not mentioned in that foundational document. This blog has already discussed the differences between copyright and trademark– which are, unfortunately, too frequently confused as two alternative ways of protecting non-technical IP. See discussion at this blog for a longer discussion of the differences.)

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Trademark Government Copyright Service Mark 98

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

The growth of Intellectual Property Rights has led to an increase in demand for trademark lawyers in India. Trademarks have become an important part of running a business. Increasingly, businesses across India are applying for trademarks. This is where the role of trademark lawyer in India becomes crucial.

Trademark 52

Trademark Registration Intellectual Property Service Mark 52

Intepat

DECEMBER 1, 2023

For both individuals and businesses, trademarks stand as valuable assets, offering protection for unique brands, logos, and slogans. However, there are instances where an individual perceives that a trademark application by another person infringes upon their rights or interests. What is Trademark Opposition?

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Trademark Registering Trademarks Registration Copying 59

LexBlog IP

AUGUST 14, 2023

Introduction In a world inundated with products and services vying for attention, trademarks play a pivotal role in setting apart one offering from another. These symbols are more than just logos; they are trademarks – vital components of intellectual property that bestow unique identity, recognition, and legal protection upon brands.

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Trademark Branding Brands Branding 40

Patent Trademark Blog

MARCH 23, 2022

Why the need for substitute specimens of use? If you’ve encountered a rejection of your trademark specimens of use , then you know what I’m talking about. Why and when do they come into play? Substitute specimens in a Section 1(a) use-based trademark application. Substitute specimens. You have questions.

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Trademark Blogging IP Patent 98

Nelligan Law

NOVEMBER 28, 2022

You have conducted your own market research and you are not aware of anyone else using this trademark. Your product is a huge success and customers recognize your trademark. The lawyer that has sent the letter alleges you have infringed on their client’s rights and are demanding that you cease using the trademark immediately or else.

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Cease and Desist Trademark Marketing Marketing 80

LexBlog IP

AUGUST 11, 2023

The recent draft amendment of the Chinese trademark law seems to finally zero in on trademark squatters, as described in my previous blog here ). The new regulations, if approved as drafted, will make it more difficult for squatters to steal others’ trademark by abusing the first-to-file system in force in China.

Registering Trademarks 52

Registering Trademarks Trademark Trademark Law Intellectual Property 52

Traverse Legal Blog

APRIL 19, 2022

What happens when someone registers your trademark or personal name on these web3 extensions? Let’s talk about trademark protection and domain names. If you are a brand or trademark attorney, you may already know about cybersquatting. How to Protect Your Trademark from Web3 Cyberquattting. That was 1998.

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Branding Brands Branding Trademark 140

LexBlog IP

SEPTEMBER 6, 2023

In our previous post, we discussed how a cannabis business can take steps to avoid potential trademark infringement claims. In this release, we will discuss how a cannabis business can use trademarks for brand protection – despite the fact that federal law prohibits filing a cannabis-related trademark.

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Trademark Registration Ownership Business 52

LexBlog IP

AUGUST 30, 2023

Yet cannabis businesses continue to grapple with protecting their brands, as trademark protection at the federal level remains unavailable. The current hodgepodge of state trademark regimes will undoubtedly result in litigation and a race to register federal marks once Congress legalizes cannabis.

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Due Diligence Intellectual Property Branding Brands 52

Patent Trademark Blog

OCTOBER 25, 2021

Are US trademark rights based on first to use or file? Many foreign countries use a first-to-file system for trademark registration and protection. Whoever registers a trademark first has rights regardless of whether they were first to use the mark. That being said, why does filing first matter?

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Trademark Registration Blogging Publishing 40

LexBlog IP

MARCH 23, 2022

More and more companies are entering the Metaverse leading to a trend towards increased filings of trademarks in the “virtual” classes. This blog has reported on this trend here and here. Here is why: New opportunities for growing your brand. Why you need new trademark registrations now.

Trademark 52

Trademark Branding Brands Branding 52