Above the Fold

MARCH 31, 2022

Prevents the registration of confusingly similar marks with the USPTO. The Principal Register is also typically more desirable for trademark owners considering the additional time and cost associated with litigating a trademark infringement claim with a Supplemental Register registration. What about descriptive trademarks?

Registration 98

Registration Trademark Registering Trademarks Ownership 98

LexBlog IP

MARCH 9, 2023

The highly anticipated jury verdict in the Hermès litigation over MetaBirkins NFTs has some important takeaways for both artists and sellers of NFTs as well as brand owners. Below are some takeaways for both artists and sellers of NFTs, as well as brand owners. That is not true. ” ( Id. at *17-18.) ” ( Id.

Litigation 52

Litigation Artistic Work Branding Brands 52

Erik K Pelton

NOVEMBER 12, 2023

Pelton & Associates (EMP&A) is a boutique firm focusing on trademark protection for businesses and brands, including trademark and copyright applications, trademark disputes, matters with the Trademark Trial and Appeal Board, trademark clearance searches, and other matters.

Law 162

Law Intellectual Property Intellectual Property Law Trademark 162

LexBlog IP

DECEMBER 3, 2021

Branding has become more important than ever, particularly in developing an online presence through search engines, various online platforms, and social media. Further, the rise of the “influencer” has opened additional opportunities to deliver brands and products to targeted demographics. Online Marketplace Protection.

Branding 52

Branding Brands Branding Intellectual Property 52

Kashishipr

SEPTEMBER 29, 2022

It is not unusual to encounter counterfeit versions of widely recognized brands like Adidas, Gucci, Nike, etc. Such products are fake and portrayed as popular brands to charge less than the market price and make enormous profits. They usually have a devastating effect on the brand’s reputation and customer loyalty.

Branding 52

Branding Brands Branding Intellectual Property 52

azrights

MARCH 15, 2021

There are two drivers of brand asset strength: uniqueness and fame. For example, when you see the swoosh logo of the Nike brand you know it represents Nike even though it may be featured on its own with no name accompanying it. If an asset is less famous, it is more likely to be mistakenly attributed to a competitor’s brand.

Branding 52

Branding Brands Branding Trademark 52

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. The Meaning of Brand. The best way I’ve found to explain brands is by contrasting them to their unbranded commodity counterparts. But brands have a third dimension or a third purpose.

Branding 52

Branding Brands Branding Trademark 52

IP and Legal Filings

MAY 17, 2022

Foreign applicants who are not resident in the Kingdom must apply through IP Registration Agents or law firms authorised by the Industrial Property Directorate. Process of registration. Despite being not mandatory, a trademark search is an important part in the whole process of trademark registration. Requirement of Filing.

Registration 52

Registration Trademark Trademark Law Publishing 52

Kashishipr

FEBRUARY 2, 2022

The ultimate success of brands and businesses in the modern world largely depends on the groundbreaking innovation that sets them apart from the rising competition in the market. Having a robust Intellectual Property (IP) portfolio and strategizing well to maintain it can do wonders in enhancing your brand value and market share.

Branding 98

Branding Brands Branding Business 98

DuetsBlog

OCTOBER 21, 2020

Hotels, Ice Cream, and Shoes as Canvases for Great Brands. . Seth Godin has written about how Nike is a great brand because we can imagine what a Nike hotel would look like. . Speaking of ice cream, Ben & Jerry’s is another great brand , like Nike. . How about another test of brand strength? .

Branding 59

Branding Brands Branding Registration 59

Erik K Pelton

JANUARY 6, 2022

Pelton & Associates (EMP&A) is a boutique firm focusing on trademark protection for businesses an brands, including trademark and copyright applications, trademark disputes, matters with the Trademark Trial and Appeal Board, trademark clearance searches, and other matters. Applications will be accepted through January 24, 2022.

Intellectual Property 231

Intellectual Property Intellectual Property Law Trademark Branding 231

JD Supra Law

DECEMBER 15, 2023

successively operated hotels with the brand name “威斯汀 (Wei Si Ting – Westin in Chinese)” in Shanghai, Beijing, Guangzhou and other cities, and prominently used the “威斯汀 (Wei Si Ting – Westin in Chinese)” and “WESTIN” marks (Registration Nos. Judgment Gist - Before the filing date of the opposed trademark, Westin Hotel Management, L.P.

Trademark 70

Trademark Branding Brands Branding 70

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 7, 2022

Cheng is based in Fish’s New York office, where she focuses her practice on trademark, trade dress, unfair competition, and copyright litigation. MIP ’s independent research is based on a weighted system of peer and client feedback, combined with a review of information obtained from surveys conducted with law firms and their clients.

Intellectual Property 86

Intellectual Property Fair Use Litigation Trademark 86

Patent Trademark Blog

JANUARY 26, 2023

These costs, however, should pale in comparison to the costs of litigation. Stop fantasizing about common law rights and all that you theoretically will accomplish without a registration. Your trademark registration will open doors and unlock value that can far exceed the cost of registration.

Trademark 97

Trademark Registration Registering Trademarks Blogging 97

The IP Law Blog

SEPTEMBER 1, 2022

In short, the fashion brand contends that Mrs. Bieber’s use of Rhode in connection with skin care products is likely to create consumer confusion, despite the fact that their federal trademark registration does not include skin care products. Bieber in the United States District Court for the Southern District of New York.

Branding 98

Branding Brands Branding Trademark 98

IPilogue

AUGUST 30, 2021

The USPTO’s Trademark Trial and Appeal Boards both denied the registration, underscoring that consumers will perceive “Booking.com” as overly generic. Generic words are not eligible for federal trademark registration. Stronger trademark protection enhances Booking.com’s brand image and goodwill.

Registration 106

Registration Trademark Journalism Intellectual Property 106

IP Tech Blog

MARCH 23, 2022

Here is why: New opportunities for growing your brand. Numerous companies are currently getting into NFT technology to generate brand awareness, retain customers, and create new revenue streams. In both the real world and the Metaverse, this data can then be used to increase sales and brand awareness. We are here to help you.

Trademark 57

Trademark Branding Brands Branding 57

IP and Legal Filings

JANUARY 30, 2022

This popular case originated from a long-running legal dispute involving the Petitioner, Lucky Brand Dungarees, Inc. Lucky Brand), and the Respondent, Marcel Fashions Group, Inc. Lucky Brand claimed a defense against Marcel in the most recent case between the two, which it had not fully explored in a previous suit between them.

Trademark 92

Trademark Branding Brands Branding 92

The IPKat

MAY 5, 2024

16th Annual Sir Hugh Laddie Lecture (20 June 2024) UCL Institute of Brand & Innovation Law will hold the 16th Annual Sir Hugh Laddie Lecture on 20 June 2024 at 6pm at UCL's Cruciform Lecture Theatre. IPKat readers have a 10% discount on the registration fee: Just include ‘IPKat’ in your registration form.

Intellectual Property 62

Intellectual Property Intellectual Property Law IP Journalism 62

LexBlog IP

MARCH 23, 2022

Here is why: New opportunities for growing your brand. Numerous companies are currently getting into NFT technology to generate brand awareness, retain customers, and create new revenue streams. In both the real world and the Metaverse, this data can then be used to increase sales and brand awareness. We are here to help you.

Trademark 52

Trademark Branding Brands Branding 52

The TTABlog

JANUARY 3, 2023

In the latest round of this 25-year-old saga, the Board granted a petition for cancellation of two registrations for the mark COHIBA (one mark in standard form, the other slightly stylized) for "cigars," on the ground of violation of Article 8 of the Pan American Convention. The Board said no. Empresa Cubana Del Tabaco d.b.a. Cubatabaco v.

Registration 52

Registration Law Litigation Contracts 52

azrights

JUNE 15, 2022

Match Group successfully challenged the Muslim dating app, Muzmatch’s, trade mark registrations in the EU and the U.K. And in the latest development of the dispute the High Court ruled that Muzmatch has unfairly benefited from Match Group’s reputation and investment in its brand and was riding on Match Group’s coattails for undeserved gain.

Business 93

Business Branding Brands Branding 93

Kashishipr

MARCH 2, 2022

Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. You may see your trademark rights getting diluted and possibly canceled through litigation. Let us understand the term better with a few examples.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

Patently-O

NOVEMBER 21, 2022

Litigation ensued. With the trademark registration in-hand, the district court partially granted SoClean’s motion for preliminary injunction. Rather, the defendant must “prominently display the Sunset brand name in a manner that leaves no reasonable confusion that what is being sold. is a Sunset brand filter.”

Designs 73

Designs Design Registration Trademark 73

The IPKat

OCTOBER 16, 2022

This registration had a tumultuous road on route to registration: historical disputes, conflicts with trade marks, a legal reform and two separate GI applications. The application for registration of “Couteau Laguiole” asserts that the Laguiole cutlery industry was revived by bringing cutlers from Thiers.

Registration 117

Registration Art Branding Brands 117

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 84

Trademark Social Media Advertising Advertising 84

43(B)log

FEBRUARY 3, 2024

end products, or products where the consumers will care which brand they got more or less. Laura Heymann Thinking about how consumers view their interactions with companies both as a matter of branding and as a matter of contracts, specifically on social media. Different brands under helm of same producer can be surprising.

False Advertising 49

False Advertising Contracts Branding Brands 49

The TTABlog

JANUARY 4, 2023

the TTAB ordered cancellation of two registrations for the mark COHIBA for cigars, one in typeset and one in stylized form. The owner of the cancelled registrations is General Cigar Co., based cigar manufacturer that first obtained a COHIBA registration in 1981 and has sold COHIBA cigars in the U.S. General Cigar Co.,

Registration 78

Registration Trademark Law Trademark Branding 78

LexBlog IP

SEPTEMBER 1, 2022

In short, the fashion brand contends that Mrs. Bieber’s use of Rhode in connection with skin care products is likely to create consumer confusion, despite the fact that their federal trademark registration does not include skin care products. Bieber in the United States District Court for the Southern District of New York.

Branding 52

Branding Brands Branding Copying 52

Technology & Marketing Law Blog

JULY 26, 2021

However, sometimes the likely damages award from a successful federal copyright lawsuit will be less than the attorneys’ fees and other costs to litigate it. To get around this, the CCB proceedings are nominally “voluntary” to the litigants. In contrast, a copyright owner can initiate a CCB proceeding before obtaining a registration.

Copyright 140

Copyright Law Registration Copyright Infringement 140

Patent Trademark Blog

MARCH 31, 2022

Don’t even think about being cheap when it comes to trademark registration. First, you can record a trademark registration with US Customs to block the import of infringing goods. First, you can record a trademark registration with US Customs to block the import of infringing goods. Not all marks, however, qualify.

Intellectual Property 52

Intellectual Property Cease and Desist Registering Trademarks Litigation 52

azrights

NOVEMBER 3, 2021

The difficulty with colour as a brand identifier is that there is no interim legal protection available to rely on as you build up recognition. Staples, Office Depot and Office World were the 3 brands left standing in their category. Colour Trade Marks. Enforcement of your rights prevents market confusion.

Trademark 52

Trademark Branding Brands Branding 52

The TTABlog

SEPTEMBER 20, 2021

The appellate court ruled that because the jurisdiction of the TTAB is limited to the issue of registrability and does not extend to "use" of a mark or allow for broader remedies, the earlier TTAB judgments against Beasley "do not carry claim preclusive effect against subsequent Article III infringemeent proceedings under section 43(a)."

Registration 78

Registration Litigation Trademark Branding 78

LexBlog IP

APRIL 19, 2023

Before selecting a brand name or logo for a product, sellers need to conduct a search to ensure that another party is not already using the same or similar brand name or logo. This can lead to expensive “false marketing” litigation. An example is the shape of the classic Coca-Cola glass bottle.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

Kashishipr

APRIL 13, 2022

The dramatic rise in e-commerce in the last two decades saw many brand and business owners struggling to safeguard their Intellectual Property (IP) assets in cyberspace, starting from domain names and then going onto social media handles. Furthermore, the purchase of virtual products and services could be used in multiple virtual worlds.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116

43(B)log

FEBRUARY 23, 2024

Volume of decisions by hearing officers: registrability decisions have first mover advantage. Leading case on distinctiveness, where Australian High Court lowered the distinctiveness bar—until it reached the high court, it was being litigated by a construction partner. That’s of registrations w/a response. What to make of this?

Registration 59

Registration Branding Brands Branding 59

The TTABlog

FEBRUARY 8, 2022

The district court had dismissed the claims as to one of the marks (the "'654 mark") on the ground of claim preclusion, based upon the TTAB's entry of judgment by default on Plaintiff VVV's petition for cancellation of the registration for that one mark. TTABlogged here ]. & Sons Edible Oils Limited v. Meenakshi Overseas, LLC , No.

Litigation 75

Litigation Branding Brands Branding 75