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. One Brands sold a product labelled “Tough Cookies Only” which Cookie Department argued infringed on its “Tough Cookie” trademark.

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Cease and Desist Branding Brands Branding 106

SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. The precedent set in Consim Info Pvt.

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Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Patent Trademark Blog

APRIL 28, 2022

In contrast, many foreign countries give trademark rights to the first filer. US trademark law is different. What can a common law trademark owner do? Even without a registered trademark, a common law trademark owner can still have significant rights. Common law rights as defense?

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Trademark Law Cease and Desist Registration 52

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

LexBlog IP

AUGUST 17, 2022

If, instead, this were a case of trade dress infringement, the right holder would have to file a civil lawsuit under the Unfair Competition Law and prove: a) the notoriety of its product packaging/decoration, b) the infringing act, and c) the damages. 57 of the Chinese Trademark law. Tsingtao’s choice.

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Trademark Registering Trademarks Art Cease and Desist 52

Technology & Marketing Law Blog

NOVEMBER 27, 2023

I disagreed , and continue to think the Court will uphold the constitutionality of Section 2(c), but the question is what free speech doctrine(s) the Justices will use to make this determination and whether they will provide additional guidance on evaluating First Amendment challenges to trademark laws.

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Registration Trademark Blogging Law 73

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

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

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.

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Fair Use Cease and Desist Trademark Designs 52

SpicyIP

FEBRUARY 13, 2023

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. Delhi High Court Imposes Costs worth INR 2 Cr. on Triveni Interchem Pvt.

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Designs Design Trademark 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. Likewise, it makes no sense for a company not to have a firm understanding of its potential intellectual property assets.

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IP Intellectual Property Social Media Cease and Desist 98