article thumbnail

TIL: “Texas Tamale” Is an Enforceable Trademark–Texas Tamale v. CPUSA2

Technology & Marketing Law Blog

In an April 2023 summary judgment ruling , the plaintiff established that it “possesses the legally protectable, incontestable trademarks TEXAS TAMALE and TEXAS TAMALE COMPANY.” The court said that the trademark owner had been using the trademark since 1985 and registered the trademark in 2006. ” Uh oh.

article thumbnail

Around the IP Blogs

The IPKat

Take shelter in this post and check what was published last week around the IP blogs. A Kat being extra careful while Mercury is retrograde Copyright SpicyIP analysed a recent decision from the Bombay High Court, in which it was decided that ideas cannot be copyrighted but can be protected through the application of confidentiality law.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Around the IP Blogs

The IPKat

Join me for a walk around the blogs. The changes introduce (i) a codified proportionality defense to injunctions in patent infringement proceedings, (ii) new confidentiality rules for patent disputes, and (iii) an accelerated timeline for nullity actions. Kluwer Patent Blog reported on the changes.

article thumbnail

Internal Search Results Aren’t Trademark Infringing–PEM v. Peninsula

Technology & Marketing Law Blog

This is a case involving a trademark owner and a competitive keyword advertiser. The trademark owner memorably (and ridiculously) characterized the rival as engaging in “keyword conquesting,” a term I encourage you never to use. The court already sent that trademark claim to the jury ( my blog post on that ruling ).

article thumbnail

Keep it secret or file a patent?

Patent Trademark Blog

If you have a simple product that others can easily copy, you wouldn’t be thinking about keeping anything confidential. And if you have powerful knowledge that is confidential, will others be able to be able to figure it out after breaking apart your product? Can you keep your US patent application confidential?

article thumbnail

Trade Secrets in Intellectual Property Rights (IPRs)

Kashishipr

Patents, copyright, and trademarks have been the most widely recognized forms of IP to date; however, there are other forms as well, including geographical indications and industrial designs, which have been gaining attention in the past few decades. Information Protected by a Trade Secret .

article thumbnail

Here’s What Businesses Need to Know About a Non-Disclosure Agreement

Kashishipr

In legal terms, it is a contract signed amongst at least two parties looking forward to detailing confidential knowledge, clauses, statements, or any information they wish to restrict from access by third parties. Understanding the Relevance of an NDA. What Should an NDA Incorporate Within its Documentation?

Business 105