Erik K Pelton

DECEMBER 20, 2022

And the number of active trademark registrations in the USPTO database is larger than ever. Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

IP Whiteboard

JULY 8, 2020

The Supreme Court provided a detailed analysis on what makes a trade mark eligible for registration. Prime among the conditions for registration, the mark must be one “by which the goods of the applicant may be distinguished from the goods of others.” com” are capable of registration. what is known in the U.S.

Registration 40

Registration Branding Brands Branding 40

IP and Legal Filings

JUNE 26, 2023

Introduction Brand owners and traders have long embraced numeral creativity to captivate consumers. Names like 7-eleven, 5 Star, 7Up, and 99acres resonate with consumers, widely reflecting the innovative use of number as brand identities.

Trademark 70

Trademark Fair Use Registration Branding 70

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 and Legal Filings

NOVEMBER 11, 2022

Voluntary registration for your copyright is available in China. Though your work is automatically protected by copyright the moment it is created, voluntary registration will provide proof of ownership, which can save you time and money in case of a dispute later on. Image Source: Istock].

Copyright 52

Copyright Fair Use Registration Ownership 52

43(B)log

FEBRUARY 24, 2024

Can enshrine things like notice & takedown in © law, but that has effects on the ability to assert fair use. A variant of separating the mark from the brand; not seeing it in all categories, and we may have a world in which some marks—maybe the 1%--are not divided from brands but the others are. Human desire for TMs?

Fair Use 45

Fair Use Branding Brands Branding 45

Patently-O

JULY 19, 2023

Because the federal trade secrecy right is so new (and no registration is available), it is still unclear whether we’ll see the same result. And, that person’s brand is their name, image, and likeness. How should we balance free speech, parody, and fair use concerns? It is common for litigation to assert both.

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

LexBlog IP

MARCH 15, 2023

Trademark protection is important because it allows the owner of the trademark to prevent others from using the trademark in a way that may confuse consumers or dilute the brand’s reputation. Trademark protection of these symbols in Ireland is important because it helps to protect the reputation of Irish brands and products.

Trademark 40

Trademark Branding Brands Branding 40

SpicyIP

NOVEMBER 17, 2023

We are pleased to announce that registration for the free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship is currently open. Registration DA-IICT extends a warm welcome to all eligible participants FREE of charge.

Intellectual Property 105

Intellectual Property Technology IP Law 105

IP Intelligence

JUNE 1, 2022

Many IP owners have discovered unauthorized use of their brands in the metaverse. This post will focus on decentralized domain names and why trademark owners should understand what they are and perhaps even consider registering some for their brands. . eth or [brand].crypto crypto domain? . There is no clear answer yet.

Non-Fungible Tokens 52

Non-Fungible Tokens Branding Brands Branding 52

Kluwer Copyright Blog

NOVEMBER 26, 2023

Copyright registration may be obtained to create a public record of the work and to assist the copyright owner in enforcement of their rights. Copyright registration in the U.S. Copyright Office have failed to show sufficient human involvement to allow their registration to proceed. Like many other countries, in the U.S.

Registration 60

Registration Copyright Law Artwork Copyright 60

43(B)log

FEBRUARY 16, 2024

In Two Pesos, the Supreme Court tells us that “the general principles qualifying a mark for registration under § 2 of the Lanham Act are for the most part applicable in determining whether an unregistered mark is entitled to protection under § 43(a).” Tam and Brunetti, striking down various bars on registration.

Trademark 59

Trademark Fair Use Registration False Advertising 59

43(B)log

FEBRUARY 3, 2024

end products, or products where the consumers will care which brand they got more or less. Are courts just mistaking the nature of the consumer or just ignoring it and using other factors? Brand acts as umbrella unifying messages from different parts of company as if they were talking as one—marketing, legal, billing.

False Advertising 49

False Advertising Contracts Branding Brands 49

IPilogue

OCTOBER 28, 2021

Nonetheless, the Canadian Intellectual Property Office notes that those in the jewellery industry may be granted industrial design registrations, offering a different kind of intellectual property protection. Supreme Court case, Star Athletica, LLC v Varsity Brands, Inc. However, the case was settled before a trial of the issues.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

JIPEL Copyright Blog

MARCH 16, 2022

The most recent of them is the metaverse, and similar to what has happened to other parallel realities such as video games and social media, the metaverse is being invaded by fashion brands. Rothschild, in defense, calls himself an artist and alleges that he is protected by fair use, based on the precedents set forth by Rogers v.

Trademark 40

Trademark Non-Fungible Tokens Branding Brands 40

IP Tech Blog

MARCH 18, 2022

In addition to alleging trademark infringement due to Rothschild’s use of BIRKIN in METABIRKINS as the name for his NFT collection, Hermès complained that Rothschild infringed by using METABIRKINS as a domain name, as a handle on Twitter and other social media platforms, as a brand name on NFT sales platforms, and as a hashtag.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

IP and Legal Filings

FEBRUARY 16, 2023

Image Sources : Shutterstock] A trademark’s removal from the trademark registration is the consequence of non-use. Also, IPAB and Indian Courts did not hesitate to cancel the registration of well-known International brands as it was observed in the case of Cadbury, Burger King and M/s Pops Foods Products (p) Ltd.

Trademark 52

Trademark Registration Registering Trademarks Advertising 52

Plagiarism Today

OCTOBER 26, 2021

The name Beetlejuice, for example, has multiple registered trademarks related to it including registration number 4863369, which covers the use in “Clothing for men, women and children…”. Trademark isn’t interested in the copying of the mark, but whether the use of the mark causes confusion in the marketplace. Bottom Line.

Trademark 233

Trademark Copyright Cease and Desist Copying 233

Trademark and Copyright Law Blog

JULY 9, 2020

In addition to making history in the remote-work era, this case caught the attention of trademark lawyers and some mainstream media ; after all, it concerns a relatively well-known brand and the intriguing question of genericness. Yes, Booking.com can now obtain a federal trademark registration and can use the ® symbol with its mark.

Trademark 93

Trademark Registration Trademark Law Fair Use 93

IP and Legal Filings

APRIL 28, 2022

Tiffany is world renowned jewellery brand famous for selling diamond engagement rings since 19 th century. It owns multiple trade mark registrations for the word “Tiffany” in connection with “Decorative Art Objects Made in Whole or in Part of Precious or Semiprecious Metals” among others.

Fair Use 52

Fair Use False Advertising Trademark Branding 52

IP and Legal Filings

OCTOBER 31, 2023

However, using a generic term as a trademark is a tricky play, SUN is a good example of an arbitrary trademark reason being as it is used for computer products and its extensive use has acquired distinctiveness. Indian Trademarks Act of 1999 prohibits the registration of generic trademarks under section 9(1).

Trademark 59

Trademark Trademark Law Registration Fair Use 59

LexBlog IP

MARCH 18, 2022

In addition to alleging trademark infringement due to Rothschild’s use of BIRKIN in METABIRKINS as the name for his NFT collection, Hermès complained that Rothschild infringed by using METABIRKINS as a domain name, as a handle on Twitter and other social media platforms, as a brand name on NFT sales platforms, and as a hashtag.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

LexBlog IP

DECEMBER 6, 2021

Jump To: Trademark Protection for Branding. Trademark Protection for Branding. A trademark cannot be used to protect an invention, coding, or software program. However, a trademark can be a protective and competitive measure for securing branding elements that identify, market, or sell your product.

Intellectual Property 52

Intellectual Property Patent Application Invention Branding 52

SpicyIP

MAY 18, 2022

The Indian Trade Marks Registry is also seeing activity under classes 9, 35 and 41 for registration of trademarks in relation to ‘downloadable virtual goods’ and online virtual services. However, when it comes to virtual goods, classification is not straightforward. But it is equipped to efficiently deal with new workload?

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

IP and Legal Filings

FEBRUARY 9, 2022

Bluetooth”) owns various trademark registrations which it licenses to other companies to use in promoting a product’s Bluetooth-compatibility. FCA rebutted the presumption with an expert survey showing 82% of respondents believe that BLUETOOTH is a generic term rather than a brand name. Bluetooth SIG, Inc.

Trademark 52

Trademark Licensing Registration Fair Use 52

SpicyIP

OCTOBER 27, 2023

These patterns can intersect with the trademark and other intellectual property (IP) in various ways, although it’s important to note that the use of dark patterns is unethical and often violates principles of fair use and consumer protection.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

43(B)log

SEPTEMBER 28, 2021

Vampire Family Brands, LLC v. MPL Brands, Inc., VFB owns several trademark registrations including “Vampire,” specifically for wine and pre-mixed alcoholic beverages other than beer, and “Vampyre,” specifically for spirits. CV 20-9482-DMG (ASx), 2021 WL 4134841 (C.D.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

The IPKat

JULY 9, 2023

It emerges that brands should pay for the use of street artworks. The number of registrations with the US Copyright Office has been growing since the 1970s. The use of cease-and-desist letters is widespread too. The aim is to fight against misappropriation and unauthorized reproduction.

Art 57

Art Copyright Moral Rights Cease and Desist 57

43(B)log

AUGUST 4, 2021

Cathay Smith: Do you foresee a point in time at which an AI might be able to make a fair use/fair dealing decision in the moment? But fair use/dealing typically involves reproduction of a limited portion, and AI could calculate portion. EFF doesn’t want fair use cases in the system; MPAA does.

Copyright 90

Copyright Trademark Copying Fair Use 90

43(B)log

FEBRUARY 19, 2022

While Rogers rejected any consideration of whether the speaker had adequate alternatives to using the plaintiff’s trademark because speakers are entitled to choose their own ways of speaking, the religious cases embrace the concept of adequate alternatives. Brands themselves want in on the act, officially sponsoring artists’ modifications.

Trademark Law 72

Trademark Law Trademark Art Branding 72

43(B)log

FEBRUARY 18, 2022

If it’s cheaper to compete on subjective brand characteristics than on other metrics of quality, then producers will do that. Vagisil: opposed registration for vagi-formative mark for product for vaginal use. Doesn’t descriptive fair use preserve the primary meaning already? Tom Lee et al.’s

Copyright 69

Copyright Business Branding Brands 69

Technology & Marketing Law Blog

OCTOBER 19, 2021

Thus, other cases have applied conversion law to alleged theft of domain name registrations (e.g., So when this court says “Plaintiffs have property rights to their websites for the same reasons a registrant has property rights to a domain name,” I have no idea what it means. That can’t possibly be right.

Licensing 91

Licensing Copyright Contracts Advertising 91

Technology & Marketing Law Blog

DECEMBER 11, 2023

MSCHF has frequently targeted major brands. Following the Jack Daniel’s decision, to resolve whether the Rogers test applies, the Second Circuit had to determine if MSCHF used Vans’ marks as a mark for its own goods. Unlike the defendant in Jack Daniel’s , MSCHF, at least amongst its relevant consumers, has a valuable brand.

Blogging 114

Blogging Trademark Branding Brands 114

Technology & Marketing Law Blog

JULY 5, 2021

Pattern Brands, Inc., First, as discussed above, these searches have only a limited usefulness in establishing whether PRETZEL CRISPS is generic due to the more than a decade (and $50 million in advertising and marketing expenditures) that has passed since the challenged registration of the mark in 2005. April 1, 2021).

IP 85

IP Social Media Fair Use Branding 85

IPilogue

MARCH 2, 2022

The Birkin’s distinctive shape has acquired a secondary meaning, such that its trade dress has a trademark registration with the US Patent & Trademark Office. Is this Fair Use? Several barriers may preclude Rothschild from successfully claiming fair use.

Cease and Desist 105

Cease and Desist Non-Fungible Tokens Fair Use Intellectual Property 105

43(B)log

JUNE 24, 2022

Ornamental use may help to maintain rights even if core uses cease. Can it be used in different ways in TM as a thumb on the scale rather than a binary? 2d Cir in Descriptive fair use—how “pure” is the descriptive character of the use? Use=is it in fact being used by this party as a TM.

Trademark Law 75

Trademark Law Law Trademark Registration 75

LexBlog IP

SEPTEMBER 29, 2022

19 The distinctive character of a trade mark must be assessed by reference, first, to the goods or services in respect of which registration is sought and, second, to the perception of the relevant public (see judgment of 12 February 2004, Henkel, C‑218/01, EU:C:2004:88, paragraph 50 and the case-law cited). ” Ardagh at par.

Trademark 52

Trademark Registration Music Intellectual Property 52