LexBlog IP

SEPTEMBER 18, 2023

Home Chef continues to lose the battle to stop Grubhub from using, what they assert, is a confusingly similar logo for food-related services. One of the main issues that the district court and Seventh Circuit discussed was that of forward confusion versus reverse confusion with regard to trademark infringement. ” Id. .”

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McBayer IP Blog

APRIL 22, 2021

Posted In Intellectual Property , Trademark Lil Nas X, Trademark infringement, Satan, Shoes. The real message is that a company’s brand and trademark are defined by its willingness to aggressively defend them, and the devil isn’t always just in the details.

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LexBlog IP

FEBRUARY 16, 2022

The artist in the Hermes lawsuit branded his images MetaBirkins and is attempting to sell them on various internet sites using MetaBirkins as a brand name. The artist in the Hermes lawsuit branded his images MetaBirkins and is attempting to sell them on various internet sites using MetaBirkins as a brand name.

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Likelihood of Confusion

MARCH 21, 2022

Michael Atkins is beside himself with intellectual-property-enforcement frustration about the use of an image of the Seattle Space Needle — a tall pointy building what they have there instead of. The post The Sound of silence appeared first on LIKELIHOOD OF CONFUSION™.

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LexBlog IP

MARCH 28, 2023

Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, or instead receives heightened First Amendment protection from trademark infringement claims. She continued: “Parodies can be confusing. If so, you should not have a dog.

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LexBlog IP

MARCH 28, 2023

Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, or instead receives heightened First Amendment protection from trademark infringement claims. ” She continued: “Parodies can be confusing.

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LexBlog IP

FEBRUARY 20, 2024

The story begins with Diageo, the company that owns Bulleit Frontier Whiskey, a brand of whiskey that might be familiar to our whiskey-drinking readers. Deutsch & Sons, the owner of the Redemption Whiskey brand. But wait, what about Bulleit and last week? We had one of those great moments of serendipity last week.

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The IPKat

DECEMBER 5, 2021

While looking for a suitable present for your fellow co-workers or distant relatives, take a moment to check what happened on the other IP blogs last week. The CREATe blog published an article on sharing the results of research about trade marks, fashion and crime in the nineteenth century, which tangencies the story of the Jaeger brand.

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LexBlog IP

JUNE 13, 2022

Product placement, by which I mean the placement of branded products in films and TV shows, is a prevalent feature in media. In the case of Stranger Things , the placement of Eggo Waffles helped the show to rely on the brand recognition of Eggo to fuel nostalgia and enthusiasm for the show.

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Garrigues Blog

NOVEMBER 30, 2021

The proceeding involved the claim filed by Happy Pills, in what the court called “a borderline case between acts of imitation likely to cause association among consumers pursuant to article 11.2 of the Unfair Competition Law ( UCL ) and acts that generate a likelihood of confusion under article 6 UCL”.

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LexBlog IP

MAY 2, 2023

What happens when two trademarks have the same spelling? The use of the same trademark is permissible across different classes, as long as there is no likelihood of confusion among consumers. The use of the same trademark is permissible across different classes, as long as there is no likelihood of confusion among consumers.

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IPilogue

DECEMBER 6, 2021

Eloise Somera is a 3L JD Candidate at Osgoode Hall Law School , enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. What does the colour red, an in-store family diner, and Zeddy the teddy bear remind you of? The Zellers Trademark: Then and Now. is contravening s.

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IP and Legal Filings

OCTOBER 30, 2023

Introduction With Margot Robbie lighting up our screens in what is arguably the movie of the year, it is the summer of Barbie again; just like it has been, every summer, since her introduction in 1959. This transformation has elevated Barbie to the status of a widely recognized cultural icon.

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LexBlog IP

JANUARY 25, 2024

Last year, the Supreme Court limited application of the Rogers test in Jack Daniel’s Properties, Inc. In those instances, a traditional likelihood of confusion or dilution analysis is required. AJ Press, Inc. , focused news publications was protected expression and not explicitly misleading.

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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.

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LexBlog IP

MAY 9, 2023

For our readers that have gone through the process of developing a trademark, you are aware of how hard it can be to come up with a word or a series of words that best identify your brand and embody the goods or services you offer. What do you do now? Try a New Language Ok, but what if we take on a multi-lingual approach?

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Kashishipr

MARCH 2, 2022

What happens after you get your mark registered as a trademark? It is the likelihood of confusion that leads to trademark infringement instances. Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you.

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The IP Law Blog

MAY 20, 2021

What happens when a junior trademark holder’s business becomes so popular and well known that it threatens to swamp the reputation of a senior mark holder? The senior mark holder brings a trademark infringement case alleging “reverse confusion” among its potential customers. Dropbox, Inc. decided April 20, 2021).

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The IPKat

MARCH 24, 2024

Here’s what Hans writes: Horological IP and the customization of watches by Hans Eriksson The world of high-end watchmaking is a good case study for the importance of intellectual property (IP) rights. Horology is however a market steeped in history with its own unwritten rules and customs. Journe, Vacheron Constantin or A.

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LexBlog IP

JANUARY 27, 2022

If you want to trademark a brand for education, blogging, sports, or entertainment services, select Trademark Class 41. This gives applicants a greater degree of predictability when applying for a trademark since they can search for conflicting names in the same or similar Trademark Class. Services are not within Trademark Class 41.

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LexBlog IP

DECEMBER 14, 2022

Unlike a standard trade mark application (which is generally prepared and lodged by the owner of a specific brand), certification trade mark applications are often made by a representative of the industry group that is responsible for the regulation of the characteristics of the relevant goods and/or services.

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Kashishipr

MAY 18, 2022

For any company to thrive and do exceptionally well in the open market, it must create brand recognition among the general public and enhance the brand value. Section 29 of the Trademarks Act, 1999 (referred to as ‘Act’ further in the article) has defined what constitutes trademark infringement in India.

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LexBlog IP

JULY 5, 2023

These agreements authorized Hydronic to build and sell Hetronic-branded products so long as the parts were purchased directly from Hetronic. if] such use is likely to cause confusion.” The case is Abitron Austria GmbH v. Hetronic International, Inc. and abroad. To assess the issue, the Court applied a two-step framework.

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The IPKat

JANUARY 6, 2022

Darren Meale of Simmons & Simmons presents the tenth volume in his rundown of notable trade mark cases over the past six months. Here we go! Retromark Volume X: the last six months in trade marks by Darren Meale Retromark turns ten volumes, making it about four and a half human years old. Here’s another 10 highlights for your consideration.

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IPilogue

JANUARY 14, 2022

Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School. Photo by Engin Akyurt ( Unsplash ). David Vaver. David Vaver.

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IIPRD

MARCH 9, 2022

There are certain essentials that determine a trade dress, such as distinctiveness which helps consumers identify the product, likelihood of confusion with unaware consumers that will result in confusion and finally, the trade dress must constitute an essential part of the product so as to qualify for protection.

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LexBlog IP

SEPTEMBER 15, 2022

Here’s what you need to know about where things stand: The problem lies in the fact that NFTs haven’t found their place within the 232-year-old (albeit evolving) framework of the US Copyright Act. NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items.

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LexBlog IP

DECEMBER 31, 2023

Related: TEAS Plus vs. TEAS Standard: Pick the Right Trademark Application Related: Trademark Symbols and What They Mean Trademark Review Period: Three to Six Months The USPTO will assign an Examining Attorney to your application. The average time can be found at the USPTO processing time site –as of writing it is 14.7

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LexBlog IP

AUGUST 10, 2022

Both parties also introduced evidence that their products are sold and marketed at grocery and retail stores, online through their websites and social media, and through co-branding with beer companies. ” [1]. Cacique has produced and sold cheese, cream, and Mexican-style sausages under its RANCHERO marks since as early as 1978.

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SpicyIP

MARCH 10, 2024

His passion lies in understanding the intersection of economics and public health with intellectual property rights. The Plaintiff presented evidence of its long-standing use and registration of the ‘NOVA’ trademark, along with the distinct packaging featuring a blue background, a grazing cow, and the brand name.

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LexBlog IP

APRIL 27, 2022

In fact, due to their unique nature, the USPTO is less likely to Office Action for Likelihood of Confusion for a fanciful trademark. Related: What Are Trademarks. EXXON is an example of a fanciful trademark because it was created solely to function as a trademark and has no meaning. Suggestive. Merely Descriptive.

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IP Whiteboard

OCTOBER 15, 2020

Countries and organisations around the world are paying greater attention to the intersection of artificial intelligence ( AI ) and intellectual property ( IP ). The UK Intellectual Property Office ( UK IPO ) recently put out a call for views on the implications of AI for IP policy and conversely, the impact of IP on AI.

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LexBlog IP

NOVEMBER 30, 2023

Here is a table breaking down all the operators and what they will show. Gone are the old brackets we used; and boy is it a bit cumbersome to understand. In fact, here is the difference side-by-side. For example, a standard Field Tag is CM: Unlike Old Tess, New Tess requires Field tags at the beginning of the search query. AND, OR, AND NOT).

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SpicyIP

FEBRUARY 13, 2023

After another busy week here at SpicyIP, here are the quick summaries of the 5 blogposts that were put up, along with 15 case summaries and other national and international IP developments for you. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them!

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The IPKat

JUNE 23, 2022

Given that finding and clearing a new brand purely from a legal perspective can take months, it is interesting to note that when a Defendant loses an infringement case it will almost certainly be ordered to rebrand within days, weeks at the most. The parties were back in court in January for a form of order hearing.

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LexBlog IP

NOVEMBER 29, 2022

Sections 32(1)(a) and 43(a)(1)(A) of the Lanham Act impose civil liability on any person who “use[s] in commerce” a trademark in a manner that “is likely to cause confusion, or to cause mistake, or to deceive.” ” 15 U.S.C. 1114(1)(a); 15 U.S.C. 1125(a)(1). § 1121(a). Abitron Austria GmbH v. 21-1043 (Nov.

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LexBlog IP

DECEMBER 23, 2021

In November 2021, fast-food chain Jack in the Box sued FTX, a cryptocurrency exchange launched in 2019, over an allegedly infringing mascot named Lunar, referred to as “Moon Man” FTX featured its Moon Man character in commercials running during MLB games. Jack in the Box is not happy. ”, “Is it a dirty jack in the box thing?”,

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