Technology & Marketing Law Blog

AUGUST 11, 2022

Buyers of the hard copy can also get a free PDF file by emailing me a copy of their receipt showing which edition they bought. If you are a professor, or are hoping to teach the course, and would like a free evaluation copy, please email me (egoldman@gmail.com). Chapter 2: What is an Advertisement? What Does the Book Cover?

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IP and Legal Filings

APRIL 13, 2023

A trademark is used to set one trader’s products and services apart from another. Trademark means: A trademark is a right that is granted for a letter, number, word, phrase, sound, smell, shape, logo, picture and/or aspect of packaging. The more successful a business is the more valuable the trademark becomes.

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azrights

OCTOBER 27, 2023

What can go wrong when trademarks are not used consistently is apparent from a 9 year trademark dispute between Lacoste and Crocodile in New Zealand which concluded in 2017 with Lacoste losing its crocodile trademark. But that monopoly only exists if you use the design you’ve registered in a consistent manner.

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LexBlog IP

MAY 24, 2022

The United States Patent and Trademark Office (“ USPTO “) will begin issuing electronic registration certificates for all trademark applications filed from today onward. What does this mean for you? : However, if you want to have a nice, embossed, certificate for your wall – you can order one for $24.00.

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LexBlog IP

AUGUST 16, 2023

Essential Benefits of Trademark Registration – Part 1 Imagine you’ve been using your business name, logo, or slogan for several years, building a good base of local customers. You make moves to expand your market, and suddenly you get a cease-and-desist letter from another business that has better rights to the trademark.

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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).

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Intellectual Property Law Blog

FEBRUARY 14, 2024

Generative artificial intelligence (AI) may change how we invent: many envision a collaborative approach between human inventors and AI systems that develop novel solutions to problems together. Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions. On February 13, 2024, the U.S.

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Corsearch

FEBRUARY 15, 2024

This feature means that any user can opt into a paid subscription and immediately receive a blue checkmark – a badge that was previously associated with “legacy” verified accounts, resulting in countless high-profile cases of impersonation involving global brands.

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IP and Legal Filings

AUGUST 29, 2023

Imagine a place where a tea stall named “Chai Chai Chronicles” warmly invites you to enjoy a cup of tea. Can their names be officially protected under trademark laws?At At first, it might seem a little confusing as Trademarks are like- ‘special signs’ that help us know where products or services come from.

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Trademark Trademark Law Law Advertising 86

Corsearch

AUGUST 14, 2023

Whether you have an established presence on eBay to protect or want to ensure that the only products listed by third-party sellers are genuine, it’s critical to actively monitor and enforce against counterfeits. By following a series of steps, you can safeguard your brand reputation and prevent consumers from being misled.

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Branding Brands Branding Intellectual Property 52

azrights

OCTOBER 20, 2023

Apple and MacDonalds are household brands that have lost their EU trademarks in recent years, meaning that third parties may now freely use ‘Think Different’ and Big Mac in the EU. When that happens, the other party who wants to use the marks will be able to apply to have the trademark registrations cancelled.

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Branding Brands Branding Marketing 52

Canadian Intellectual Property Blog

AUGUST 23, 2023

At the same time, the definition of “small entity” in the Patent Rules will be broadened from the current 50 employees to fewer than 100 employees, which would mean that more companies can fall into the small entity category and thus utilize the lower official fees.

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Corsearch

MARCH 13, 2023

Looking at the clip of Oswald below, you can clearly see elements of the character in Mickey’s modern design. Copyright rules changed in 1978, meaning that any works published in that year or later generally have protection continuing for 70 years after the author passes away[2]. Steamboat Willie.

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Corsearch

AUGUST 24, 2023

In this blog, we outline the tools you can use to protect your brand reputation and prevent consumer confusion. Trademark infringement Trademarks are distinctive elements like words, logos, phrases, designs, or symbols used to identify the origin of goods and services.

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Branding Brands Branding Copyright Infringement 52

Corsearch

AUGUST 2, 2023

By taking the necessary steps, your business can protect your products from counterfeiters and ensure that customers are purchasing legitimate items. We also explain the alternative approach: how you can you use Corsearch’s AI-assisted technology and experts to do away with resource-sapping manual reviews and speed up enforcement.

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Branding Brands Branding Reporting 52

azrights

MAY 10, 2022

Not knowing what you don’t know. Not knowing what you don’t know can blindside you and differs for all of us based on our worldly experiences. Trademark disputes often arise for those who are unaware of IP, with a consequent need to rebrand. If you don’t know where you are going, you will never get there.

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Technology & Marketing Law Blog

DECEMBER 27, 2021

These also make great gifts: Wrap these treats and, when you tie them off, attach a dog-bone cookie cutter and a copy of this recipe”) was copied. Yet, none of them successfully discouraged a copyright claim over recipes… Carly Ann Kessler , Oppenheim & Zebrak, LLP [she changed her name to Carly Kessler Rothman].

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IP and Legal Filings

NOVEMBER 1, 2023

Frank Schechter which says that a common (Generic) name can be registered by anyone, but no one has the exclusive right to that trademark, For instance, the renowned brand Apple has its trademark registered under various classes but the word ‘apple’ diluted under class 29 of the food category.

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Trademark Registering Trademarks Branding Brands 90

Indiana Intellectual Property Law

OCTOBER 13, 2023

Trademark Office issued the following 165 trademark registrations to persons and businesses in Indiana in September 2023 based on applications filed by Indiana trademark attorneys: Reg. 7174056 BLOOMCHEER 7173916 BLOOMCHEER 7173676 7173592 MAKING THE DREAM WORK…ONE WINDOW AT A TIME.

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Technology & Marketing Law Blog

FEBRUARY 18, 2024

You may have heard about Squishmallow’s recent lawsuit against Build-a-Bear over plushy knockoffs. It is baffling to see how acquiescent judges can be when it comes to obvious deficiencies of the SAD Scheme. The Court’s contempt Order was therefore improper under Rule 65(d)(2)(C) and must be vacated.

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Blogging Advertising Advertising Trademark 87

SpicyIP

OCTOBER 26, 2022

If this is your first time coming across the IP Reveries series, you can see what its about as well as get links to our previous classes in the introductory post here. If this is your first time coming across the IP Reveries series, you can see what its about as well as get links to our previous classes in the introductory post here.

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SpicyIP

MARCH 4, 2022

We’re pleased to bring you a guest post by Sangita Sharma, looking at the Supreme Court’s order in the trademark infringement case Renaissance Hotel Holdings Inc. The appellant is the proprietor of the registered trademark “RENAISSANCE” for hotels, restaurants, bars, etc, and for the goods commonly found in its hotels.

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Registering Trademarks Trademark Blogging Government 111

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’ve left out the parts specific to registered trademarks and the reference to treaties. Then, in Lexmark v.

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Trademark Fair Use Registration False Advertising 59

Patently-O

APRIL 30, 2024

You might consider a technical paper from a conference which sketches out a conceptual gearbox design (but omits specific gear ratios and material specifications). You might consider a technical paper from a conference which sketches out a conceptual gearbox design (but omits specific gear ratios and material specifications).

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IP and Legal Filings

JULY 5, 2023

Introduction Trademarks are recognised phrases, words, or symbols that designate a certain item and lawfully distinguish it from all other items of the same type. A trademark is a valuable intellectual property that businesses use to differentiate their brand from their competitors’ in the market.

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Trademark Registration Branding Brands 59

SpicyIP

SEPTEMBER 28, 2023

We are pleased to bring to you a guest post by Naman Keswani on the concept of naked licensing within trademarks law. Naman is a fourth-year student at the Hidayatullah National Law University, Raipur who has a keen interest in Intellectual Property Law, especially Trademark Law. 2 nd 484, 489 (3 rd Cir.

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Licensing Registration Trademark Trademark Law 105

LexBlog IP

MARCH 9, 2023

In the lawsuit, Hermès alleged that defendant Mason Rothschild’s MetaBirkins NFTs infringed and diluted Hermès’ trademark rights in the Birkin word mark and design. 1989) and provides strong protection to uses of trademarks that implicate freedom of speech issue. Grimaldi , 875 F.2d 2d 994 (2d Cir.

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JIPL Online

FEBRUARY 26, 2021

If the title sounds familiar, you are part of the reason Booking.com successfully trademarked “Booking.com” while paving the way for owners of similar marks to receive trademark protection. ii] Further, the Court barred a per se rule that a “generic.com” mark is automatically generic and thus cannot be trademarked. [ii]

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Trademark Registration Trademark Law Advertising 98

azrights

OCTOBER 18, 2021

I’ll then explain the role of trademarks and why and how to be strategic with them. You might think of sand, or coal or salt when you think about a commodity because these are classic commodities. But in fact, anything can be a commodity, if you pay money for it, and it does a job for you. They save us time.

Branding 52

Branding Brands Branding Trademark 52

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. They can all be found at [link]. Because there are many types of fraud and government impersonation, only a handful of other commenters mentioned trademark issues. Comments of Erik M.

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Government Business Trademark Blogging 147

Corsearch

FEBRUARY 3, 2023

As of 2022, over 41% of the top 10,000 websites use a CDN [2]. This should apply to both websites that illegitimately use a brand’s trademarks within their domain name and websites that do not but are wholly dedicated to infringement. Read our key findings, recommendations, and further insights and tips from the paper’s authors.

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Social Media Branding Brands Branding 52

Technology & Marketing Law Blog

AUGUST 2, 2021

I can also share my presentation slides and lecture notes. Some of the major changes to the book this year: I added a note on the Copyright Claims Board. Vimeo ruling as a new principal case on Section 230(c)(2)(A). The hard copy comes with a free PDF on request; and shipping should be free on Amazon Prime.] Primer on CCPA/CPRA.

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Editing Law Privacy Contracts 145

Patent Trademark Blog

FEBRUARY 1, 2022

When it comes to responding to patent rejections , you have essentially two weapons. First, you can amend the claims. Second, you can argue against the claim rejections. Instead, we want to empower clients with a proper understanding of how a patent response works so that they can provide more helpful feedback.

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The IPKat

NOVEMBER 24, 2022

While many of our readers will be shopping over the weekend, this Kat has prepared a post on the German “Black Friday” litigation to keep you company while you’re queuing. 8(2)(1) German Trade Mark Act ), descriptiveness (Sec. 8(2)(2)), and bad faith (Sec. The right holder appealed to the German Federal Patent Court.

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The IP Law Blog

JULY 15, 2021

Step 2: If the claims are directed to an abstract idea, then the court determines whether the claims include elements showing an inventive concept that transforms the idea into a patent-eligible invention. In recent years, the Supreme Court has decided a number of cases, including Bilski v. Kappos, Mayo Collaborative Servs. Prometheus Labs.,

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LexBlog IP

MARCH 22, 2023

In the statement, they explain that while AI can generate creative works, users do not have ultimate control over how the system interprets prompts and generates material. AI systems can create content autonomously, but the US Copyright Office believes this does not constitute true authorship under the law.

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LexBlog IP

JANUARY 27, 2022

Trademark Class 41 involves entertainment and education services. As an overview, the United States Patent and Trademark Office (“USPTO”) divides all goods and services into 45 distinct categories (also called “International Classes”). Services are not within Trademark Class 41.

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