Patently-O

AUGUST 19, 2022

In order to facilitate resolution of brand-generic patent conflict, the Patent Laws include a form of paper infringement–a legal fiction that simply filing an ANDA and Paragraph IV certification counts as a form of patent infringement. We have the ANDA filing, but there are always substantial design choices before final release.

Branding 87

Branding Brands Branding Marketing 87

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

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

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

The TTABlog

FEBRUARY 28, 2024

Frequent TTAB litigant Monster Energy Company got mugged in this opposition to registration of the mark shown immediately below, for mugs and plates. Bona Fide Intent: The Board observed that starting a small business to make and sell plates and mugs printed with designs "is not rocket science." Text Copyright John L.

Designs 62

Designs Design Registration Business 62

Patent Trademark Blog

MAY 16, 2024

Federal court litigation is not the only way to enforce patents against competitors. With a life cycle of three years or less, for example, consider filing design patents to protect the appearance of your consumer product. That way, you will obtain a design patent as you continue prosecuting your utility application.

Design Patent 52

Design Patent Patent Patent Application Designs 52

IAM Magazine

JANUARY 10, 2022

Lead counsel representing brands Oakley and Ugg explains how design rights help companies pursue copycats that have gotten savvier about trademark use.

Designs 52

Designs Design Design Patent Branding 52

IAM Magazine

JANUARY 10, 2022

Lead counsel representing brands Oakley and Ugg explains how design rights help companies pursue copycats that have gotten savvier about trademark use.

Designs 52

Designs Design Design Patent Branding 52

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

The IPKat

APRIL 27, 2024

Litigation involving the alleged infringement of rights in ready-to-wear clothing is a frequent occurrence [ IPKat here , here ]. Analysis of these cases often raises questions about the conditions for protection under copyright and design law, and even about the concept of cumulative protection. A Kat taking a rest.

Cease and Desist 67

Cease and Desist Designs Design Copyright Infringement 67

IPilogue

SEPTEMBER 17, 2021

Staple, who has a history of working for Nike and is the registered owner of the Staple Pigeon brand (seen on Lotas shoes), was left out of the litigation between Nike and Lotas. It is hard to imagine that the existence of these sneakers will damage Nike’s brand (worth $160 billion) enough to warrant monetary damages.

Trademark 106

Trademark Branding Brands Branding 106

azrights

JUNE 19, 2023

It’s the same reason why the branding industry gets away with delivering a poor service to clients. Unless people understand brand IP principles, they don’t realise what a weak name looks like, or that it could cause their business to be less successful or to even fail. That’s the drawback with meaningful names.

Branding 52

Branding Brands Branding Business 52

The IPKat

AUGUST 16, 2023

There has been a lot of excitement about whether an AI can be formally designated as an inventor. Trademarks Marcel Pemsel discussed the recent Jägermeister litigation in Austria and Germany. The well-known herbal liqueur brand went head-to-head with two other deer-branded alcoholic products.

Invention 52

Invention Inventor Branding Brands 52

IAM Magazine

JANUARY 11, 2022

Recent lawsuits involving Nike, Peloton, lululemon and others suggest an explosion in consumer demand for high-tech workout gear is leading to IP conflict.

Marketing 52

Marketing Marketing Branding Brands 52

IAM Magazine

JANUARY 11, 2022

Recent lawsuits involving Nike, Peloton, lululemon and others suggest an explosion in consumer demand for high-tech workout gear is leading to IP conflict.

Marketing 52

Marketing Marketing Branding Brands 52

LexBlog IP

DECEMBER 1, 2022

Docket Navigator is a valuable resource, and the place to go if you want to keep track of new patent litigation filings or want to know what is happening in particular cases, how your judge has historically handled a particular type of motion, or a particular plaintiff’s litigation history. Designer Brands Inc.

Reporting 40

Reporting Litigation Patent Privacy 40

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

The IP Law Blog

FEBRUARY 10, 2022

The Second Circuit recently reversed an injunction stripping designer and Instagram influencer Hayley Paige Gutman of her Instagram accounts in a dispute with her former business partners. Gutman is a wedding dress designer and used the Instagram account @misshayleypaige to promote her designs and as a personal account.

Branding 98

Branding Brands Branding Designs 98

JD Supra Law

OCTOBER 5, 2021

Over the past year, I've carefully followed the increase in litigation brought by artists against retailers — clothing brands, automotive brands, and food and beverage chains — for the alleged copying of their distinctive artwork in fashion designs and marketing campaigns.

Artwork 52

Artwork Branding Brands Branding 52

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

azrights

JUNE 15, 2022

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. They would believe Muzmatch to be a sub-brand. Founders need to understand and manage risks effectively.

Business 93

Business Branding Brands Branding 93

Patently-O

DECEMBER 20, 2022

I have one branded FIDELO with a carbon-fiber case that claims to block scammers trying to read the chip on my credit card. Mosaic Brands, Inc. In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation. 4th — (Fed.

Art 124

Art Branding Brands Branding 124

The TTABlog

OCTOBER 6, 2023

The parties to this cancellation proceeding opted to litigate the case under the Accelerated Case Resolution (ACR) regime. It constitutes, at most, an attempt to take advantage of residual good will in a past iconic brand in connection with services rendered under other brands, such as JERRY’S or EPICURE."

Branding 67

Branding Brands Branding Advertising 67

The TTABlog

NOVEMBER 10, 2023

Mike Keyes , a consumer survey expert and IP litigator at Dorsey & Whitney LLP, has granted me permission to post this recent article from his newsletter, "Lanham Act Surveys for Lawyers" (subscribe here ). It also presented survey evidence to show that consumers recognized Teflon as a brand name. DuPont de Nemours & Co.

Branding 70

Branding Brands Branding Trademark 70

IPilogue

OCTOBER 28, 2021

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. where original jewellery designs are automatically protected under copyright law as sculptural or pictorial works.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

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

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 IPKat

JULY 11, 2021

Copyright IPLens blog looked at several recent decisions of the Court of Milan, to see how the CJEU Cofemel decision has impacted on the copyright protection of industrial designs [see also an IPKat post the Kiko case, where the Italian Supreme Court applied Cofemel to Kiko store layout]. The current battle is over a U.S.

Blogging 67

Blogging Non-Fungible Tokens IP Ownership 67

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Trademarks: Trademarks safeguard brand names, logos, symbols, or phrases that distinguish a startup’s products or services from competitors’ Registering a trademark ensures exclusive usage and prevents others from causing confusion among consumers. Firstly, trademarks ensure brand exclusivity.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

LexBlog IP

FEBRUARY 10, 2022

The Second Circuit recently reversed an injunction stripping designer and Instagram influencer Hayley Paige Gutman of her Instagram accounts in a dispute with her former business partners. Gutman is a wedding dress designer and used the Instagram account @misshayleypaige to promote her designs and as a personal account.

Branding 52

Branding Brands Branding Designs 52

Patently-O

OCTOBER 18, 2021

Design patent cannot be enforced to restrict repair of a motor vehicle. 2884 – Affordable Prescriptions for Patients Through Improvements to Patent Litigation Act. Creating additional incentives to timely record patent ownership interests. Sponsored by Sen. Leahy, D-VT and Sen. Tillis, R-NC). Issa R-CA; Rep Joyce, R-OH; Rep.

Patent 55

Patent Ownership Settlement Branding 55

Corsearch

FEBRUARY 9, 2023

About Mike Sweeney As an experienced attorney, Mike counsels brands on all aspects of brand and content protection in the digital space, with a particular focus on leveraging data-driven technology to combat counterfeiting. Connect with Mike on LinkedIn. Targeted topics include IP infringement on fast-growing e-commerce platforms.

Branding 52

Branding Brands Branding Intellectual Property 52

IPilogue

MARCH 28, 2023

The Los Angeles-based (“San Antonio”) is known for their Stella Rosa brand that they have produced under the trademarks since 1998. Accordingly, San Antonio filed a complaint for trademark infringement, trademark dilution, and false designation of origin. they can designate a person in the U.S. They did so under s.

Trademark 105

Trademark Government Ownership Designs 105

Traverse Legal Blog

OCTOBER 20, 2022

Trademark infringement litigation is expensive and time consuming, many times individuals are not aware they are infringing on a trademark. Manuscripts, designs and art can all be classified as intellectual property. Registering for copyright protection is voluntary buty necessary if you wish to file copyright infringement litigation.

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

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

The IPKat

MARCH 24, 2024

In addition to being works of scientific achievement, many luxury timepieces are artistic wonders with innovative designs, like some of the reportedly 100 000 (!) Brands like Rolex, Patek Philippe and Audemars Piguet hold rich trade mark and design portfolios and enforce their rights vigorously.

IP 70

IP Marketing Marketing Reporting 70

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. Compared to most social media ownership disputes, this case has featured extensive litigation, including an appeal, revised injunction, a contempt motion, and now, a motion to modify the scope of the preliminary injunction.

Social Media 98

Social Media Ownership Branding Brands 98