azrights

OCTOBER 27, 2023

Last week’s newsletter How to avoid the biggest brand management mistakes , highlighted that the role of our business name and signs like logos, taglines, characters, or sounds is to enable buyers to recognise that it’s us. In Lacoste’s case the registration gave it a broad monopoly over the concept of a crocodile design.

Trademark 52

Trademark Branding Brands Branding 52

Kashishipr

MARCH 2, 2022

What happens after you get your mark registered as a trademark? Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Furthermore, it will also never enforce your trademark rights on your behalf.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

Patently-O

JUNE 29, 2022

Coca-Cola holds the trademark rights in India, but not in the USA. Coca-Cola stepped-in in 2016 seeking to cancel Meenaxi’s mark registrations. The TTAB sided with Coca-Cola in ordering the marks cancelled. The TTAB sided with Coca-Cola in ordering the marks cancelled. McCarthy on Trademarks § 29:1.

Trademark 120

Trademark Trademark Law Branding Brands 120

LexBlog IP

FEBRUARY 16, 2023

On January 13, the China National Intellectual Property Administration (CNIPA) circulated a draft amendment to the PRC Trademark Law for public comment (“TML Draft Amendment”). The CNIPA Draft Amendment is comprised of a total of 101 articles in 10 chapters (as opposed to 73 articles in 8 chapters in the current law).

Trademark Law 40

Trademark Law Trademark Law Registering Trademarks 40

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 27, 2021

The brand name and codes play an important role in the management of competition. Inevitably competitors will try to capture some of the market shares of any brand that discovers a lucrative market opportunity. People’s sense of what is unethical and unfair copying is often out of line with the law’s approach to regulating competition.

Branding 52

Branding Brands Branding Copying 52

LexBlog IP

APRIL 19, 2023

Exclusive rights over a trademark in Colombia arise from registration. Also, when holding a trademark registration in Colombia, the obligation arises for its owner to use the trademark in commerce, beginning three (3) years from the date when registration was granted.

Trademark 52

Trademark Registration Marketing Marketing 52

The TTABlog

JANUARY 4, 2023

After reading the COHIBA decision, I decided that I had to turn to Professor Christine Haight Farley of American University Washington College of Law for her help in explaining what this is all about. the TTAB ordered cancellation of two registrations for the mark COHIBA for cigars, one in typeset and one in stylized form.

Registration 78

Registration Trademark Law Trademark Branding 78

Kashishipr

DECEMBER 15, 2021

Trademarks indicate the origin of a product. While they commonly consist of a brand name or logo, the shape of a product may also be an indication of its origin. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character.

Trademark 105

Trademark Intellectual Property Registration Designs 105

LexBlog IP

APRIL 4, 2022

A recent trademark opposition is a lesson in how to properly establish a likelihood of confusion for apparel goods. Colorful Roots LLC, the Opposer, Roots Corporation, relied on several of its trademark registrations of ROOTS and its derivatives. In Roots Corporation v. An opposer need not prove actual damage.

Trademark 52

Trademark Branding Brands Branding 52

Garrigues Blog

JULY 6, 2021

They allow companies to promote their brand image and connect with the community around them. However, how to act against inappropriate uses? This preliminary analysis has to go further and check, for example, if the brand we have chosen is also available as a domain name. Let us see it. An unpleasant surprise.

Branding 52

Branding Brands Branding Registration 52

The TTABlog

DECEMBER 31, 2021

35: TTAB Grants MIRAGE BRANDS Cancellation Petition Due To Likelihood of Reverse Confusion On Remand from the CAFC, TTAB Denies Petition for Cancellation of "NAKED" Registration for Condoms TTABlog Test: Three Recent Section 2(d) Inter Partes Cases - How Did They Come Out? [Yes] Guess What? Yes] Precedential No.

Cinema 67

Cinema Registration Trademark Reporting 67

43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera.

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

FEBRUARY 3, 2024

Possible implications for how we think about refugees, internationalization of rights. History of art as propaganda: art can support war or speak truth to power. Iran has criminalized expression: rapping, singing, dancing. IP rights are contingent and state dependent in ways that have nothing to do with the merits of expression or invention.

Branding 59

Branding Brands Branding Art 59

Erik K Pelton

MARCH 11, 2022

In our continuing effort to combat trademark scams and raise awareness of this important issue, we have recently submitted comments to the FTC. Because there are many types of fraud and government impersonation, only a handful of other commenters mentioned trademark issues. ” More than 100 comments were submitted.

Government 147

Government Business Trademark Blogging 147

43(B)log

FEBRUARY 3, 2024

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? end products, or products where the consumers will care which brand they got more or less. Beer Nuts, Bulls’ Eye v. Raging Bull for barbecue sauce, Powerbar v. Dougies for diapers.

False Advertising 49

False Advertising Contracts Branding Brands 49

43(B)log

FEBRUARY 23, 2024

But to deal with different holidays in different states, emergency legislation was passed within weeks so the Office would know how to count deadlines. But to deal with different holidays in different states, emergency legislation was passed within weeks so the Office would know how to count deadlines.

Registration 59

Registration Branding Brands Branding 59

LexBlog IP

DECEMBER 26, 2023

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. There have been some court decisions on this precise topic, but the law is not completely settled.

Designs 52

Designs Design Trademark Copyright 52

LexBlog IP

JANUARY 11, 2022

There are three distinct trademark symbols you may use is the registered trademark symbol “R” (®) , the small “ TM” ( ) symbol , and the “SM” (℠) symbol. Overview: Which Trademark Symbol Should I Use? Put the ® to the upper right of your trademark. What Are Trademarks?

Trademark 52

Trademark Registering Trademarks Registration Copying 52

LexBlog IP

JANUARY 18, 2022

In case you missed the enumeration of new state laws going into effect on January 1, 2022, including one about composting all kitchen scraps (implementation date delayed, thank goodness), here is a brief story about AB 535 which amends Section 112895 of the Health and Safety Code of California related to labeling olive oils.

Law 52

Law Trademark Branding Brands 52

SpicyIP

MAY 15, 2023

Shikhar is a second-year law student at NALSAR University of Law, Hyderabad. He shares a keen interest in developments concerning IP Law.] Delhi High Court Sets Aside 3 Orders from the Patent Office and the Trademark Registry, in 1 day! [This Weekly Review has been co-authored with Shikhar Chauhan.

Trademark 104

Trademark Registration Cease and Desist IP 104

SpicyIP

FEBRUARY 5, 2023

Book Release: ‘Archives, Ethics and the Law in India’ – A Guidebook for Archivists in India We announced the release of ‘Archives, Ethics and the Law in India’, an open-access publication co-authored by Farah Yameen and our blogger Divij Joshi. SpicyIP intern Ishant Jain explains the reasoning adopted by the court here.

Music 119

Music Copyright Trademark IP 119

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. Here’s wishing all our readers a very happy, safe, and healthy new year! b) Top 10 IP Judgments/Orders (Jurisprudence/Legal Lucidity) and. H Lundbeck A/S v.

IP 143

IP Intellectual Property Copyright Trademark 143

LexBlog IP

SEPTEMBER 13, 2023

2024 Changes to International Trademark Classifications by Melanie Lane Understanding WIPO’s 2024 Nice Classification Changes: Impact on the USPTO’s §6.1 These updates will have implications for trademark holders in various classes, with a special emphasis on Class 3. trademark holders to stay updated.

Trademark 52

Trademark Intellectual Property Editing Registration 52

LexBlog IP

NOVEMBER 30, 2023

On November 30, 2023, the United States Patent and Trademark Office (“USPTO”) officially retires their clunky, 90s-era Trademark Electronic Search System (the “Old TESS”). I call it “ New TESS ” and show you how to use “Advanced Searches” in plain English. AND, OR, AND NOT).

Registration 52

Registration Designs Design Trademark 52

Patent Trademark Blog

MARCH 18, 2022

Let’s look into what those intangible assets might be, and how they can be protected. This is where trademarks play a role. Unlike patents, the role of a trademark is not to signify something new, but rather to indicate the source of the product or service. Trademarks can last indefinitely. So what is IP exactly?

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 52

SpicyIP

APRIL 30, 2023

from the National Law School of India University, Bengaluru. Discussing the Relevance of the Responses Filed Against FERs Issued by Trademark Registry Image from here Is FER and its Reply relevant after a mark is registered? [ This weekly review is co-authored with SpicyIP intern Devanshu Agrawal. Especially from different High Courts?

Confidentiality 105

Confidentiality Trademark Copyright Patent 105

SpicyIP

FEBRUARY 24, 2023

Hiranya is a fourth-year law student at the School of Law, Bennett University. Her areas of interest are Intellectual Property Laws, Data Privacy Laws and Company Law.] [This post has been co-authored with SpicyIP Intern Hiranya Bhandarkar. Image from here.

Registration 75

Registration Intellectual Property Law Trademark Branding 75

43(B)log

OCTOBER 4, 2021

Begin with legislative action: Trademark Modernization Act, Which introduces three of the big themes of the year: (1) trademark use, (2) the harm of infringement, and (3) the role of the First Amendment in limiting the scope of trademark rights. My presentation, galloping across a bunch of developments. Slides here.

IP 94

IP Trademark Advertising Advertising 94

The TTABlog

JULY 5, 2022

Concluding that Coca-Cola failed to establish statutory standing based on lost sales or reputational injury, the CAFC reversed the TTAB’s decision [ TTABlogged here ] ordering cancellation of Meenaxi Enterprise's registrations for the marks THUMS UP and LIMCA for soft drinks. trademark rights in the THUMS UP or LIMCA brands."

Trademark 52

Trademark Branding Brands Branding 52

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

FEBRUARY 24, 2024

Focused on Amazon: free riding on gov’t mechanisms, particularly TM law, to communicate to gov’t not to regulate it—product liability, intermediary liability. Affecting TM law (as set forth in new paper with Mark McKenna, which is excellent). We like how they sort us/how we get to identify with them? Human desire for TMs?

Fair Use 45

Fair Use Branding Brands Branding 45

43(B)log

FEBRUARY 23, 2024

Introduction: Rebecca Tushnet What might we derive from things the Court has said about trademark of late? The purpose of trademark is consumer protection; source-identification is the most relevant consideration but not the entirety of TM law. Maybe to this we can add in Dastar. Dinwoodie and Janis taken out of context?

Trademark 45

Trademark Law Branding Brands 45

TraskBritt Intellectual Property

MARCH 22, 2021

Trademarks are powerful marketing tools that can help a potential customer not only to recall the associated brand but also to affiliate the words of the trademark with that brand. You may want to trademark a phrase to control how your brand is perceived in the minds of potential customers.

Trademark 52

Trademark Registration Registering Trademarks Branding 52

LexBlog IP

SEPTEMBER 29, 2022

I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). Every sound trademark seems not only to signify something but to raise a question or two as well. There’s no roar quite like a Nittany Lion’s!

Trademark 52

Trademark Registration Music Intellectual Property 52

The IP Law Blog

APRIL 1, 2021

The Ninth Circuit recently considered an issue of first impression: What standard of review does an appellate court apply when reviewing a district court’s grant of summary judgment in a trademark infringement case on the equitable basis of the unclean hands doctrine. The Ninth Circuit faced this issue in the case titled: Metal Jeans, Inc.

Trademark 52

Trademark Branding Brands Branding 52

43(B)log

FEBRUARY 19, 2022

This basic question has three different answers, all regularly used in any given jurisdiction—this is not a matter of circuit splits. The answers are yes, no, and sometimes, a list both comprehensive and dismaying. This is unsurprising: Rogers itself was based on an opposition between “artistic expression” and “commercial speech.”

Trademark Law 72

Trademark Law Trademark Art Branding 72