JD Supra Law

DECEMBER 22, 2023

As China’s importance for brand owners continues to grow, so too does the sophistication of China’s IP application processes.

Trademark Law 68

Trademark Law Trademark Law Intellectual Property 68

azrights

OCTOBER 18, 2021

Let’s begin by considering the terminology as it’s all too common when it comes to brands to find people have different meanings in mind. I’ll then explain the role of trademarks and why and how to be strategic with them. The Meaning of Brand. But brands have a third dimension or a third purpose. They save us time.

Branding 52

Branding Brands Branding Trademark 52

LexBlog IP

MARCH 3, 2023

Safeguard Your Brand: How Choosing the Wrong Trademark Lawyer Can Kill Your Brand @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-6402f22ad89cf2570{display: 80 (1950) trademark rights were lost because the mark ESCALATOR had become generic and therefore lost its trademark status.

Branding 52

Branding Brands Branding Trademark 52

Likelihood of Confusion

AUGUST 25, 2023

From last week’s INTA Trademark Topics email discussion list. The post Best of 2010: Trademarks, copyright, brand equity, and rent-seeking: Soapbox 2010 appeared first on LIKELIHOOD OF CONFUSION™. First posted on January 17, 2010. One name has been changed to protect the innocent, and the links, by way of.

Branding 52

Branding Brands Branding Trademark 52

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? Catching wind of the furry MetaBirkin NFTs, Hermès filed a trademark infringement and dilution lawsuit against Mason Rothschild, the creator.

Trademark Law 105

Trademark Law Trademark Non-Fungible Tokens Law 105

Corsearch

NOVEMBER 15, 2022

Invest in brand strength. Put simply, brand strength (sometimes known also as brand equity) is the value that is carried by a brand. It denotes a consumer’s perception of a brand, or the value invested in it by a business over time. What Makes a Brand Strong?

Branding 52

Branding Brands Branding Trademark 52

IP and Legal Filings

FEBRUARY 2, 2024

However, what would happen if business houses wanted to trademark the name of the god they worshipped? As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited.

Trademark Law 90

Trademark Law Trademark Law Service Mark 90

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Corporations must establish online identities, such as logos, slogans, product names, and brands, to build consumer awareness, loyalty, and trust.

Trademark 87

Trademark Social Media Advertising Advertising 87

IP Law 360

NOVEMBER 2, 2023

Convenience store giant 7-Eleven this week sued a Chicago-based law practice called Seven Eleven Law Group for trademark infringement, alleging that the firm, which specializes in trademark matters itself, is ripping off its name and its green and white color scheme, as well as unfairly profiting off its brand.

Trademark Law 75

Trademark Law Trademark Law Branding 75

Corsearch

NOVEMBER 15, 2022

For brands and rights holders, these technologies mean a change in consumer behavior, a shift towards more immersive digital engagement with their customers, and an array of new business opportunities. However, we’re already observing complex IP and brand protection challenges, and it’s important businesses plan their strategies carefully.

Branding 52

Branding Brands Branding Non-Fungible Tokens 52

JD Supra Law

NOVEMBER 7, 2023

As the renewable energy sector continues to experience significant growth and attract emerging companies, it becomes essential for entrepreneurs and business owners to understand the legal landscape surrounding trademarks and potential bankruptcy issues. By: Foley & Lardner LLP

Trademark Law 77

Trademark Law Trademark Intellectual Property Law 77

LexBlog IP

JANUARY 14, 2022

Navigating Brand Protection and Trademarks for Social Media Influencers. Building a brand or business as an influencer on social media is not easy. Not only are you tasked with building a successful, recognizable brand, you’re building yourself as the brand. Making a brand out of a social media business.

Social Media 52

Social Media Branding Brands Branding 52

IP Tech Blog

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. 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.

Trademark Law 57

Trademark Law Trademark Law Branding 57

JD Supra Law

AUGUST 31, 2023

In our previous article, Protecting Your Brand: A Primer on Canadian Trademarks, we touched upon the beginning stages of a trademark application and considerations such as, "Should I register my trademark?" and "Is the trademark available?" By: Miller Canfield

Trademark Law 77

Trademark Law Trademark Registering Trademarks Branding 77

43(B)log

JANUARY 18, 2024

Christine Haight Farley, Trademarks in an Algorithmic World , 98 Wash. Abstract: According to the sole normative foundation for trademark protection—“search costs” theory—trademarks transmit useful information to consumers, enabling an efficient marketplace. So says Christine Haight Farley in her intriguing new article.

Trademark 78

Trademark Branding Brands Branding 78

IP and Legal Filings

JANUARY 11, 2024

INTRODUCTION Trademarks are vital part of modern day commerce because they act as distinctive and unique symbols that enable consumers to recognise and distinguish goods and services offered by different providers. Image Sources: Shutterstock] The primary legislative basis for smell trademark regulation in the US is the Lanham Act.

Trademark 91

Trademark Intellectual Property Branding Brands 91

SpicyIP

AUGUST 31, 2023

If you have come across such ads and have wondered whether such use of a mark infringes the mark of the luxury brand, then you are not alone. Image from here Smells like Luxury, Does it cost a Trademark Battle? Taking a step back, trademark infringement under Section 29(2)(b) of the Act requires proving the following: 1.

Trademark 111

Trademark Advertising Advertising Branding 111

JD Supra Law

SEPTEMBER 21, 2023

Last fall, the maker of BLUE GOO pain relief products filed a trademark infringement lawsuit over a competitor’s GREEN GOO pain relief salve.[1] 1] Trademark litigation can be long and costly. By: Dunlap Bennett & Ludwig PLLC

Trademark 63

Trademark Branding Brands Branding 63

Likelihood of Confusion

AUGUST 26, 2021

From last week’s INTA Trademark Topics email discussion list. The post Trademarks, copyright, brand equity, and rent-seeking: Soapbox 2010 appeared first on LIKELIHOOD OF CONFUSION™. One name has been changed to protect the innocent, and the links, by way of annotation, have been added, as have.

Branding 60

Branding Brands Branding Trademark 60

JD Supra Law

JANUARY 9, 2024

Speakers: Kwan T Loh, Olivier Jean-Lévesque, Nora Labbancz, Reagan Seidler In this webinar, Smart & Biggar's Trademarks team will provide a roundup of Canadian IP law by highlighting some of the most important new laws, cases, and practice directions from 2023 that brand owners should be aware of when doing business in Canada.

Trademark Law 66

Trademark Law Law Trademark Branding 66

Likelihood of Confusion

JULY 7, 2022

The post WAL-ZYR versus ZYRTEC: Allergic to legislating trademark law? I have no problem using the TTABlog for a blog launching point every week. Why would I when I can riff on a post such as this one, about an. appeared first on LIKELIHOOD OF CONFUSION™.

Trademark Law 98

Trademark Law Trademark Law Blogging 98

The IPKat

MAY 11, 2024

A Kat reflecting on emerging branding strategies for plants. Why does the patent use a different name from the registered trademark? And what can this tell us about branding strategy for plants? These denominations cannot be registered as trademarks - for example, under Article 7.1(m) Seeing red? Images from Pixabay.

Trademark 104

Trademark Registering Trademarks Marketing Marketing 104

JD Supra Law

APRIL 11, 2023

Brand owners doing business in Canada should be aware of some of the most important cases and developments emerging within the last year. This overview highlights some recent notable trademark decisions that could impact your business. Please see full Newsletter below for more information. By: Dentons

Trademark Law 52

Trademark Law Trademark Law Branding 52

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. 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.

Trademark Law 52

Trademark Law Trademark Law Branding 52

JD Supra Law

JANUARY 31, 2023

The proverbial brand owner’s guidebook became a little bigger in 2022. Developments in practice opened new avenues for securing and enforcing trademark rights over the past year, including an “accelerated” path to trademark registration and additional guidance for invalidating bad faith registrations. By: Smart & Biggar

Trademark Law 52

Trademark Law Trademark Law Registration 52

JD Supra Law

FEBRUARY 15, 2022

KEY TAKEAWAYS AND OUTLOOK FOR 2022 - While Gen Z taught us all on TikTok how not to be “cheugy,” or out of touch with pop culture, similarly, trademark law in 2021 ushered in new and changed regulations, provided further guidance on traditional legal concepts and gave us a peek into how brands may help shape the future in the “metaverse”—and beyond.

Trademark Law 52

Trademark Law Trademark Reporting Law 52

JD Supra Law

NOVEMBER 17, 2022

brand owners seeking to enforce trademarks abroad — namely, whether brand owners may file suit in U.S. trademarks or whether brand owners must rely on foreign trademark rights and on foreign courts for enforcement. court for “extraterritorial” infringement of U.S. By: Neal, Gerber & Eisenberg LLP

Trademark Law 55

Trademark Law Trademark Branding Brands 55

IP and Legal Filings

NOVEMBER 1, 2023

Frank Schechter which says that a common (Generic) name can be registered by anyone, but no one has the exclusive right to that trademark, For instance, the renowned brand Apple has its trademark registered under various classes but the word ‘apple’ diluted under class 29 of the food category.

Trademark 92

Trademark Registering Trademarks Branding Brands 92

Erik K Pelton

DECEMBER 31, 2021

Top Trademark Trends of 2021. 2021 was a busy year in the world of trademarks. The uncertainties of COVID in a second year couldn’t stop huge application filing numbers and many developments in the world of trademarks. Trademark scams continued to proliferate, despite some increased efforts to crack down.

Editing 147

Editing Non-Fungible Tokens Trademark All Rights Reserved 147

IP and Legal Filings

SEPTEMBER 16, 2021

This may include creating products with certain distinct features, such as a particular smell or a sound that is exclusive to the product and the brand. Thus, several companies have attempted to manufacture products implanted with a particular smell that is exclusive to the brand. Global and Indian laws concerning smell trademarks.

Trademark Law 52

Trademark Law Trademark Law Registration 52

Likelihood of Confusion

MAY 15, 2023

Eric Johnson‘s Pixelization blog has a sweet insight into a sticky trademark mess that Hershey’s could be, theoretically, getting itself into: It’s a Hershey’s-brand three-compartment silicone muffin pan. The post Kissing trademark rights goodbye? appeared first on LIKELIHOOD OF CONFUSION™.

Trademark 92

Trademark Branding Brands Branding 92

IP Tech Blog

NOVEMBER 30, 2022

AJ Press, LLC , the Ninth Circuit affirmed a trademark win for upstart news outfit Punchbowl News. Thus, Punchbowl ’s true impact on trademark law will likely be delayed until resolution of Jack Daniel’s. In doing so, the court held that First Amendment protection extends to the names of commercial enterprises. Background.

Branding 57

Branding Brands Branding Fair Use 57

LexBlog IP

APRIL 27, 2023

We are just a few months into 2023, but we are already seeing a number of proposed changes to Chinese Trademark Law. Overall Theme and Key Takeaway It should be noted that this will be the 5 th round of major amendments to the China Trademark Law since it was first adopted in 1982.

Trademark Law 52

Trademark Law Law Trademark Intellectual Property 52

IP and Legal Filings

OCTOBER 26, 2023

Introduction Trademarks are an important division of Intellectual Property Rights (IPR) as it considerably contributes in identification and promotion of a product. A well- known trademark helps the consumers in spotting the difference between similar products by educating them about the product which results in informed choices.

Cease and Desist 98

Cease and Desist Trademark Registering Trademarks Business 98

JD Supra Law

JANUARY 6, 2022

This year kicked off with new tools to help brand owners protect and enforce their marks. The use of a trademark in commerce is an important aspect of U.S. trademark law; however, an increasing number of trademark registrations have been obtained and maintained for marks that are not in use in U.S. By: Jones Day

Trademark 109

Trademark Trademark Law Branding Brands 109

IPilogue

OCTOBER 21, 2022

Anita Gogia is a IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On May 25, 2021 the Japan Patent Office (JPO) granted Nobuaki Kurokawa a trademark for his apparel brand named “CUGGL” for class 25 (clothing and footwear). Unfortunately for Gucci, its claim was not successful.

Trademark 104

Trademark Branding Brands Branding 104

JD Supra Law

APRIL 10, 2023

Imagine poking fun at a famous brand or logo and getting away with it. In the United States, it’s not only possible, but can also be a recognized form of artistic expression known as trademark parody. Trademark parodies are a form of humorous or satirical commentary that uses a well-known trademark in a playful or critical manner.

Trademark Law 52

Trademark Law Trademark Law Branding 52