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. Abhijay Srekanth is an LLM candidate at the Queen Mary University of London specialising in IP, and a recent graduate of Jindal Global Law School. The views expressed in the piece are personal.

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Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

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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Cease and Desist Trademark Due Diligence Intellectual Property 40

IP and Legal Filings

MARCH 5, 2024

Using trademarks in domain names, linking, framing, meta-tagging, and framing are a few methods that could lead to trademark challenges. Cybersquatting is another type of trademark infringement. A fundamental tenet of trademark law is to avoid consumers being confused about the origin or source of products or services.

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Trademark Social Media Advertising Advertising 84

LexBlog IP

AUGUST 17, 2022

Is the use and function of the words Tsingtao Beer on the bottles’ neck a “trademark use”? Or should this be rather a case of trade dress infringement under the Unfair Competition Law? Trademark or Unfair Competition? 57 of the Chinese Trademark law. And, why is this important?

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Trademark Registering Trademarks Art Cease and Desist 52

The IPKat

DECEMBER 14, 2023

February: In Nigeria, the Business Facilitation (Miscellaneous Provisions) Bill, 2022 , was signed into law. Stephen Mouka issued a Cease and Desist Notice to the public after an X user created and shared a limited merchandise bearing the slogan. Today, it’s about the trade marks. Tinderet is an area in Kenya.

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IP Service Mark Cease and Desist Registration 83

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Copyright law grants exclusive rights to the creators or owners of original works, such as literary, artistic, musical, and dramatic creations. This may include patent applications with patent offices or registering trademarks and copyrights with relevant authorities.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. at 5-7, 90-91. [6] at 28-33. [8] 10] 599 U.S.

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Fair Use Trademark Cease and Desist Designs 130

Garrigues Blog

OCTOBER 19, 2021

If you own a business in Portugal and have a registered trademark, these recommendations will prove useful. In this context, securing evidence means certifying the evidence of how, where, and since when the infringing sign has been used in the market, in association with the same goods and services as your trademark.

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Trademark Cease and Desist Registration Litigation 59

Kashishipr

JULY 21, 2021

IP should be registered with the customs authorities of each country where the brand trades since they are the ones who can prevent counterfeits from entering the market at the very first point of contact, i.e., the borders of the country. Takedown notices, cease and desist notices, etc., For more visit: [link].

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Branding Brands Branding Cease and Desist 105

Art Law Journal

JUNE 30, 2022

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. Fortunately, you don’t need to grasp all the complexities of Intellectual Property law to protect your creative work.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 5, 2021

First, the ITC has a compressed procedural schedule , so a case can proceed to the equivalent of a trial before an Administrative Law Judge in less than a year. the ITC can also issue cease and desist orders to prevent further sales of the accused products. 6] For respondents with commercially significant inventory in the U.S.,

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Litigation Cease and Desist Patent Infringement Intellectual Property 52

LexBlog IP

JUNE 16, 2023

.” [1] The Case In the District Court , Ninth Circuit and Oral Argument in the Supreme Court Jack Daniels Properties, Inc. (“Jack Daniels”), which owns registered trademarks for “JACK DANIELS”, “OLD NO. Lemley, “Grounding Trademark Law Through Trademark Use,” 92 Iowa L.

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Fair Use Cease and Desist Trademark Designs 52

LexBlog IP

JUNE 16, 2023

.” [1] The Case In the District Court , Ninth Circuit and Oral Argument in the Supreme Court Jack Daniels Properties, Inc. (“Jack Daniels”), which owns registered trademarks for “JACK DANIELS”, “OLD NO. Lemley, “Grounding Trademark Law Through Trademark Use,” 92 Iowa L.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

Art Law Journal

JUNE 30, 2022

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. Fortunately, you don’t need to grasp all the complexities of Intellectual Property law to protect your creative work. Which Types of IP Law Is Right for You?

Intellectual Property 52

Intellectual Property IP Invention Designs 52

Patent Trademark Blog

APRIL 28, 2022

Except for a few limited circumstances, the first user is the rightful trademark owner in the US. A common law trademark refers to the rights belonging to the first person or company to use a particular mark on selling goods or services in a limited geographical area. US trademark law is different.

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Trademark Law Cease and Desist Registration 52

Kashishipr

MAY 4, 2022

Have Proper Symbols of Trademark Registration & Ownership. If you don’t have a Registered Trademark in place but a good faith belief concerning you owning a mark exclusively, you should use the ‘TM’ symbol with your mark. Send Cease-&-Desist Letters Automatically. Bottom Line.

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Social Media Trademark Cease and Desist Registering Trademarks 105

SpicyIP

FEBRUARY 13, 2023

Highlights of the Week The Copyright Quandary regarding the Delhi High Court Rules on Live-streaming of Court Proceedings Recently Delhi High Court came up with ‘Live Streaming and Recording of Court Proceedings Rules’ which would be a positive step towards assuring better access to law and transparency. on Triveni Interchem Pvt.

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Designs Design Trademark Cease and Desist 52

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

To obtain trademark protection, a business must first adopt a graphically represented mark which is unique and distinguishable. Section 9(1) (c) of the Trademark Act, 1999 prohibits the registration of words used commonly. Ownership Registered trademarks are easier to enforce since they typically carry a presumption of ownership.

Business 52

Business Trademark Registration Cease and Desist 52

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. Such inventions may be protectable under federal patent laws. After looking at all known IP assets, look into what may be unknown.

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IP Intellectual Property Social Media Cease and Desist 98

Erik K Pelton

NOVEMBER 3, 2020

Pelton & Associates, to advise and counsel others about trademark protection. Believe it or not, I even had to face changing my brand name early on as a result of receiving a cease and desist letter! Since 1999, I have built and managed my own small business, Erik M. copied by someone else—is priceless.

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Business Trademark Cease and Desist Branding 130

SpicyIP

SEPTEMBER 4, 2023

Dismissing the argument, the court clarified that invalidity is a mixed question of fact and law and has to be pleaded. In the absence of a written pleading, a party cannot merely stand up in court and argue that a registered trademark is invalid Rmc Project Management Vs Whizlabs Software Private Ltd. Notorious B.I.G.’s

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Cease and Desist Patent Prosecution Trademark Derivative Work 105

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. Such inventions may be protectable under federal patent laws. After looking at all known IP assets, look into what may be unknown.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

Kashishipr

OCTOBER 6, 2021

Failure to conduct a comprehensive trademark search can become challenging for businesses that end up facing Trademark Infringement. Even if the alleged violation is unintentional, a business can face lawsuits and cease and desist orders. For more visit: [link].

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Business Trademark Cease and Desist Registration 105

SpicyIP

DECEMBER 24, 2023

In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personality rights, and multiple leaks of key documents and their contribution in law-making. and Ors. , Body Cupid Pvt Ltd vs Ms Vbro Skincare Pvt & Ors. as the Plaintiff’s mark. 2 lakh on the Defendant.

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Registration Trademark Copyright Registering Trademarks 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.] They further argued that they had issued a cease and desist notice on 6th November, 2020 to which no response was received. Important IP cases that we’re missing out on?

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Trademark Registration Cease and Desist IP 104

IP Intelligence

JUNE 20, 2023

These consumer product brands often experience online infringement and counterfeiting issues, so recording their registered trademarks with brand registries and participating in an online enforcement program can help with identifying infringements and streamlining the takedown process. common law trademark rights.

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Cease and Desist Law Registering Trademarks Branding 52

IP Intelligence

JUNE 19, 2023

These consumer product brands often experience online infringement and counterfeiting issues, so recording their registered trademarks with brand registries and participating in an online enforcement program can help with identifying infringements and streamlining the takedown process. common law trademark rights.

Cease and Desist 52

Cease and Desist Law Registering Trademarks Branding 52

LexBlog IP

JUNE 20, 2023

These consumer product brands often experience online infringement and counterfeiting issues, so recording their registered trademarks with brand registries and participating in an online enforcement program can help with identifying infringements and streamlining the takedown process. common law trademark rights.

Cease and Desist 52

Cease and Desist Law Registering Trademarks Branding 52

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? VIP Products (2023) opinion and its other trademark cases.

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Registration Trademark Blogging Law 74

Technology & Marketing Law Blog

JUNE 21, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. 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.] By Guest Blogger Lisa P. Ramsey [Lisa P.

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Trademark Blogging Trademark Law Fair Use 99