Patent Trademark Blog

APRIL 5, 2022

Can you expedite a US trademark application? While it’s not impossible, bumping up a US trademark application can only occur under very limited circumstances. Actually, it is significantly more difficult to expedite a trademark application than a patent application. So this extraordinary remedy is limited by design.

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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. Trademark violation raises significant issues. Cybersquatting is another type of trademark infringement.

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Indiana Intellectual Property Law

AUGUST 9, 2021

Apparently realizing the importance of its brand, Monster owns at least fourteen federal trademark registrations that include the Claw Icon in various classes of goods and services (the “Asserted Marks”). Monster is seeking damages for trademark infringement arising under 15 U.S.C. The case was assigned to Judge Philip P.

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Indiana Intellectual Property Law

AUGUST 6, 2021

From that transaction, Energy owns multiple trademark registrations including the three at issue in this case, U.S. Registration Nos. Energy claims FTA promotes and provides its services using trademarks and trade dress that are confusingly similar to the Energy Marks and trade dress. Young and Magistrate Judge Matthew P.

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IPilogue

OCTOBER 19, 2021

The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. When it comes to food designs, how far can a trademark go? On September 28, 2021 , The Hershey Co.

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SpicyIP

SEPTEMBER 25, 2023

Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Some Perspectives Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Image from here Kia Wang vs The Registrar of Trademarks & Anr. Emami Ltd.

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Selvam & Selvam Blog

MARCH 28, 2022

The trademark law firmly establishes that a trademark owner reserves the exclusive right to use the trademark and enforce the same. Such groundless threats are commonly achieved by sending cease and desist letters or legal notices threatening the recipient with legal proceedings.

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The IPKat

MARCH 14, 2024

This post discusses the questions on the issue of joint authorship of audiovisual works and implications of copyright registration, which are raised by this dispute. This post discusses the questions on the issue of joint authorship of audiovisual works and implications of copyright registration, which are raised by this dispute.

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Indiana Intellectual Property Law

JULY 21, 2021

As e-commerce has taken off, Vroom sought and registered numerous trademarks including those at issue in this case as shown below (the “Vroom Marks”).?. Registration No./Serial Therefore, Vroom is claiming Defendants’ activities and use of the Allegedly Infringing Properties constitute trademark infringement in violation of 15 U.S.C.

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SpicyIP

AUGUST 22, 2022

We are pleased to bring our readers a guest post by Abhijay Srekanth and Vivek Basanagoudar on interaction of trademarks with free speech. Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute. Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice.

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Patent Trademark Blog

MARCH 31, 2022

How to enforce trademarks inexpensively. Let’s start with trademarks. At the outset, register your trademarks for your more important products and services. Make sure to file your trademark applications properly. Don’t even think about being cheap when it comes to trademark registration.

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IP Tech Blog

AUGUST 17, 2022

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. Is this however a case of trademark infringement? Trademark or Unfair Competition? And, why is this important?

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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.

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Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. You don’t need to register the work like you would with trademarks or patents. . Although, it could receive trademark protection.). Trademarks.

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Technology & Marketing Law Blog

MARCH 15, 2022

Fuxi, the putative copyright owner, has a registration for an image of printed sage leaves (the left image): The alleged infringer, the Sunny Factory, sells the candles on the right on Amazon. That’s by design–the DMCA was designed to resolve matters outside of court. ” This is clearly wrong.

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Technology & Marketing Law Blog

APRIL 29, 2023

” Most of the opinion discusses the trademark implications of Ripps’ rival NFT collection. With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. Of the efficacious four, three were based exclusively on trademark rights, not copyright.

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Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work.

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SpicyIP

FEBRUARY 13, 2023

Other Posts Honesty as a Defense vis-à-vis Trademark Infringements: Principle or Provision? Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision.

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Kashishipr

JULY 21, 2021

The problem of counterfeiting not only puts brands at risk of their trademarks, brand value, and goodwill getting damaged but also puts consumers at the risk of receiving sub-standard quality products, which may ultimately affect their health and wellbeing. Takedown notices, cease and desist notices, etc.,

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IIPRD

JANUARY 23, 2023

In matters of trade, Trademark, copyright and Patent act as building blocks of protection measures while conferring exclusive right over goods/services for the holder. Williams-Sonoma commented that Amazon’s own product line “Rivet” has infringed patents of furniture designs. [3] 7] Amazon’s IP Policy is one of such investments.

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Kashishipr

OCTOBER 6, 2021

The same can be possible through trademarking any word, symbol, design, or phrase that the company uses to identify itself in the marketplace. Part of this research includes performing a Trademark Clearance Search. Elements of Trademark Clearance. Types of Trademark Searches. The USPTO, WIPO, EUIPO, etc.,

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Kashishipr

MAY 4, 2022

Trademarks provide multiple crucial advantages to businesses and customers alike. Trademarks also carry all the image and reputation a brand builds over the years. Furthermore, inconsistent or improper use of a trademark can obstruct its owner’s ability to enforce the trademark rights in a given brand.

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SpicyIP

MARCH 27, 2023

Controller of Patents and Designs. Other posts IP Financing in India – Part I: Perfection of Security and (Non) Registration of Copyright Despite the increasing importance of intellectual property in the modern economy, there is a surprising lack of attention given to IP financing in India. Case: Sirona Hygiene Pvt.

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The IP Law Blog

MARCH 2, 2021

Supreme Court issued numerous landmark decisions in 2020, among those—for trademark scholars and practitioners— Romag Fasteners, Inc. Considering the importance of Chinese manufacturing to global trade, the Chinese legal system and its evolving trademark enforcement system will likely cause companies to get creative. Fossil, Inc.

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The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

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43(B)log

AUGUST 18, 2021

29, 2021) This is part of a long-running trademark case, now over 10 years old. For example (the details vary a little depending on defendant, but you get the picture): The STURGIS BIKE WEEK registration dates to 1997; defendants’ “Sturgis Motor Classic” came from 1997-98. Sturgis Motorcycle Rally, Inc. Rushmore Photo & Gifts, Inc.,

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Patent Trademark Blog

JANUARY 18, 2024

Me-too products may be better off with simply trademark registration. Copyright registration might be an option if your product contains sufficiently original features that are nonfunctional. If your product has unique aesthetic features that are nonfunctional, file a design patent application.

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IPilogue

MARCH 2, 2022

The Birkin’s distinctive shape has acquired a secondary meaning, such that its trade dress has a trademark registration with the US Patent & Trademark Office. Hermès is embroiled in constant legal battles defending the Birkin against trademark infringement and passing-off. Trademark Protection in the Metaverse .

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Patent Trademark Blog

JUNE 8, 2023

You need your patent or trademark registered, and you need it now. Has your patent attorney advised you of options to expedite your design patent or speed up your utility patent ? What good is a patent if competitors can easily design around your claims ? Does the new patent attorney have trademark experience?

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SpicyIP

DECEMBER 24, 2023

UK Supreme Court Confirms No Patent for “AI-invented” Inventions Image from here On December 20, the UK Supreme Court affirmed its previous decision to deny registration to inventions by Dr. Stephen Thaler’s AI DABUS, holding that an AI software cannot be listed as an inventor. SpicyIP intern Vedika discusses this development.

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azrights

MARCH 23, 2022

So, he was in disbelief when he received a cease and desist letter from lawyers acting for the high end China Tang at the Dorchester Hotel in Mayfair whose rights to use the name stemmed from a figurative trademark in class 43 (restaurant services, catering services, cafes, cafeterias, and self-service restaurants) registered in 2005.

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LexBlog IP

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

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SpicyIP

NOVEMBER 21, 2022

Pharmaceutical Trademark Confusion: Poison Pill or Public Health? The court relied on the studies conducted by Lumen and “large volumes” of cease and desist complaints to prima facie establish that the App is a rogue website and deserves to be blocked as a whole. Do let us know in case you think we missed out on anything!

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Technology & Marketing Law Blog

NOVEMBER 27, 2023

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court will likely hold in Elster that Section 2(c) is consistent with the First Amendment, but will it clarify how to balance trademark and free speech rights? After the Supreme Court granted cert in Vidal v. Tam (2017) and Iancu v.

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Technology & Marketing Law Blog

JUNE 21, 2023

She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] The Trademark Infringement Claim A new gateway requirement for application of the Rogers test. 1114(1) or 15 U.S.C.

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