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. by guest blogger Lisa P. Ramsey [Lisa P.

Blogging 103

Blogging Trademark Fair Use Trademark Law 103

Technology & Marketing Law Blog

DECEMBER 11, 2023

What the second Circuit did say was that, like in the Jack Daniel’s case, the Wavy Baby used plaintiff’s trademarks and trade dress throughout the design of its product. But especially in a case of an alleged parody, that doesn’t answer the trademark use question. They would be hard-pressed to be less careful.

Blogging 112

Blogging Trademark Branding Brands 112

Garrigues Blog

APRIL 16, 2024

The Supreme Court has delivered a judgment that bolsters copyright protection for works of applied art under criminal law: It sets an important precedent in Spain in distinguishing design as an art that deserves protection under both criminal as well as civil law.

Art 59

Art Artistic Work Law Designs 59

Kashishipr

AUGUST 25, 2021

A critical issue to be addressed is whether these limited-edition products can get protection under Intellectual Property (IP) law, just as regular products do, and if yes, then which is the most appropriate form of IP Protection ? Protection for Limited Edition Products under Trademark Law.

Editing 105

Editing Law IP Designs 105

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.

Registration 74

Registration Trademark Blogging Law 74

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).

Copyright 100

Copyright Trademark Law Publishing Copyright Infringement 100

Technology & Marketing Law Blog

FEBRUARY 27, 2022

TPG aggregates and collects information from the most prominent rewards programs and provides a series of rankings and recommendations designed to help maximize your rewards points. Trademark infringement 6. Dilution under Texas State Law 8. False Designation of Origin 9. Thus, the Points Guy. Trespass 5. Dilution 7.

Cease and Desist 121

Cease and Desist Blogging Contracts Social Media 121

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.

Trademark Law 99

Trademark Law Trademark IP Blogging 99

IP Tech Blog

FEBRUARY 28, 2022

The Spanish government has approved a draft bill to reform the three main industrial property laws: the Trademark Law, the Industrial Design Law and the Patent Law. Trademark Law. Industrial Design Law.

Law 62

Law Designs Design Trademark 62

Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” A Google search turns up three different pairs of designs with differing degrees of similarity. A jury agreed, finding that H&M had willfully infringed Unicolors’s fabric design.

Registration 77

Registration Blogging Copyright Designs 77

SpicyIP

JANUARY 23, 2023

here are our summaries for our blog posts, 15 case summaries and other national and international IP developments. This post was originally published in Bill of Health , the blog of Petrie-Flom Center at Harvard Law School. After a week full of interesting IP developments and some very interesting orders (!),

Designs 105

Designs Design Invention Registration 105

IPilogue

OCTOBER 21, 2022

This year, when the t-shirt design for CUGGL was released, the Italian fashion brand Gucci tried to get the trademark cancelled. Gucci argued that CUGGL t-shirts would confuse customers because of the font and style of the design.

Trademark 104

Trademark Branding Brands Branding 104

Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name. Understanding the Secondary Meaning of Trademark.

Trademark 52

Trademark Designs Design Marketing 52

IPilogue

OCTOBER 28, 2021

In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. In Pyrrha Design Inc. Scary Issues with Licensing and Trademarks.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

Kashishipr

DECEMBER 15, 2021

” The emphasis of the case was whether the design of the Defender had “inherent or acquired distinctiveness.” The trademark was registered for a 3D shape of 250 GTO in three classes: Class 12 (Vehicles), Class 25 (Clothing), and Class 28 (Games and playthings). The protection only applies in the UK.

Trademark 105

Trademark Intellectual Property Registration Designs 105

The TTABlog

JUNE 22, 2023

Ramsey of the University of San Diego School of Law have just published an article on a very timely topic: "Raising the Threshold for Trademark Infringement to Protect Free Expression," 72 American University Law Review 1179 (2023). These defensive trademark doctrines, however, are narrow and often vary by jurisdiction.

Trademark 52

Trademark Trademark Law Fair Use Blogging 52

azrights

OCTOBER 27, 2023

Crocodile International noticed that Lacoste wasn’t using the design it had registered and applied to revoke Lacoste’s trademark for non-use. This broad argument that any use of a crocodile design was use of the registered crocodile trademark was rejected out of hand by the court.

Trademark 52

Trademark Branding Brands Branding 52

The IP Law Blog

APRIL 29, 2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss an intellectual property dispute between a typeface designer and Banana Republic, over the retailer’s use of a stylized ampersand design. Watch this episode on the Weintraub YouTube channel, here.

Intellectual Property 52

Intellectual Property Designs Design Blogging 52

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.

Trademark 70

Trademark Blogging Litigation Law 70

Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. The court explains: They describe steps in the process of fashion design and capture much (if not all) of the creative output that Gutman might produce in her role as a designer.

Social Media 80

Social Media Ownership Designs Design 80

IPilogue

NOVEMBER 17, 2022

Beijing Judian is a reputable barbeque bar restaurant with over 40 locations in China with established Ju Dian character marks, including the JU DIAN & Design Mark. Upon learning that Beijing Judian was planning to open locations in Canada, Meng raced to file trademark applications for the identical mark in Canada.

Trademark 111

Trademark Registration Advertising Advertising 111

LexBlog IP

FEBRUARY 28, 2022

The Spanish government has approved a draft bill to reform the three main industrial property laws: the Trademark Law, the Industrial Design Law and the Patent Law. Trademark Law. Industrial Design Law.

Law 52

Law Designs Design Trademark 52

IPilogue

SEPTEMBER 17, 2021

The unfortunate reality for Lotas is that Nike has unlimited resources to take on nonstop litigation against designers, manufacturers, and distributors to protect their trademarks. Trademark Infringement – Nike v MSCHF. While progressive critics praised MSCHF’s devilish design, Nike sued MSCHF for trademark infringement.

Trademark 106

Trademark Branding Brands Branding 106

Technology & Marketing Law Blog

NOVEMBER 11, 2023

The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines, Car-Freshner has turned into a serial plaintiff, though this is my first time blogging them in-depth. I see potential legitimate trademark defenses for the design. This ruling highlights the legal risk.

Trademark 93

Trademark Contracts Blogging Fair Use 93

IPilogue

AUGUST 4, 2022

That marked the first time that the Court invalidated a trademark for reasons of bad faith per s. 18(1)(e) of the Trademarks Act (TMA). The following family of JU DIAN character trademarks have been heavily used in China to promote their restaurants. Background.

Trademark 115

Trademark Registration Designs Design 115

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may. What is Trademark Dilution?

Trademark 75

Trademark Registering Trademarks Trademark Law Branding 75

IPilogue

OCTOBER 19, 2021

The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. When it comes to food designs, how far can a trademark go? On September 28, 2021 , The Hershey Co.

Cease and Desist 106

Cease and Desist Branding Brands Branding 106

IP and Legal Filings

OCTOBER 4, 2022

However, with the publication on 23 October 2012 of UAE Federal Law No. 4 of 2012 Concerning Regulation of Competition all businesses with operations in the UAE or supplying goods and services to the UAE market will have to ensure that they focus on and comply with the provisions of this new law. image Source : Medium Blog].

Intellectual Property 52

Intellectual Property Law Business Designs 52

IIPRD

AUGUST 27, 2022

The instant order of the General Court proves wrong the false assumptions that the shape mark is dead under the trademark law based on the doctrine of aesthetic functionality. trademark law which was later borrowed and adopted in a more limited sense in the European trademark law. Jacob Products Co.,

Trademark Law 52

Trademark Law Registration Marketing Marketing 52

SpicyIP

FEBRUARY 21, 2024

Gian Chand Jain was dealing with a similar issue since in the Design Act, 1911, the Act didn’t define which High Court would have jurisdiction. This blog argues that it should be the same as the 1958 act. Afterall, the trademark act is a self contained code. The Court in Girdhari Lal Gupta v.

Trademark 105

Trademark Intellectual Property Designs Design 105

IPilogue

NOVEMBER 22, 2022

Indeed, when searching the United States Patent and Trademark Office (“USPTO”) database, the signature pose has been registered for many industries, including eyewear and accessories, clocks and watches, leathers, bags, clothing, footwear, games, entertainment, restaurants, etc.

Trademark 59

Trademark Social Media Branding Brands 59

Intepat

MAY 29, 2024

This affidavit is essential when the applicant asserts that the trademark has been used continuously in the market since a particular date. It is a formal declaration of prior use, establishing the applicant’s claim to the trademark.

Registration 52

Registration Trademark Advertising Advertising 52

LexBlog IP

FEBRUARY 29, 2024

Trademark law has something to say about use. Consider the difference between copyright law — which is meant to encourage creativity for the benefit of society–and trademark protection, which is about identifying the source of goods and services and avoiding consumer confusion. 3] CA Copyright Act, s.

Public Domain 52

Public Domain Intellectual Property Copyright Trademark 52

The IP Law Blog

FEBRUARY 3, 2022

In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” This protected designation was superseded by adoption of the Protected Designation of Origin (“PDO”) for GRUYÈRE in 2001.

Designs 52

Designs Design Trademark Branding 52

IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

JIPEL Copyright Blog

APRIL 4, 2022

Conceived to decide whether nonverbal marks merit trademark protection, nonverbal marks fall into three categories: product packaging (also known as trade dress) which is capable of inherent distinctiveness ; product configuration (also known as product design) which is capable of acquired distinctiveness ; and tertium quid.

Registration 52

Registration Designs Design Trademark 52

Kashishipr

MARCH 2, 2022

Keeping a regular watch on the market for unauthorized use and reproduction of similar or identical marks goes a long way towards safeguarding trademark rights. The Trademark Law of different nations is not based on registration alone, but on the usage of marks and timely renewal as well. For more visit: [link].

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105