The IP Law Blog

DECEMBER 9, 2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the trademark and contract issues that Adidas is navigating with shoe designs and related designs in the future. Listen to the podcast of this episode here.

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Technology & Marketing Law Blog

NOVEMBER 11, 2023

Second, and more importantly, because the trademark law consequences of getting it wrong are so severe that few services would choose to roll the dice. The contributory trademark infringement claim survives a motion to dismiss. The contributory trademark infringement claim survives a motion to dismiss.

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IP Intelligence

JANUARY 1, 2024

Trademark owners should be wary of official-looking email solicitations from attorneys or law firms that claim to specialize in trademarks and are masquerading as Good Samaritans who wish to aid in protecting the company’s brand against another company that has contracted that firm to register the same mark.

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The IP Law Blog

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts.

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LexBlog IP

JANUARY 19, 2023

Of course, Hetronic disagrees and contends that trademark law under the Lanham Act extends beyond U.S. Genius sued Google for breach of contract over music transcriptions. ” The Supreme Court has requested the Solicitor General’s opinion on whether copyright law preempts the breach of contract claim.

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The TTABlog

JANUARY 4, 2023

trademark law intersects with international treaties, administrative law, and international relations. At the heart of each dispute is the question of the status of trademarks not used in the U.S. If this grounds for cancellation sounds unlike anything you’ve ever heard of in trademark law, you are not alone.

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LexBlog IP

MARCH 13, 2024

Nevertheless, most commenters disfavored new, NFT-specific laws to address trademark infringement both because NFT technology is still evolving rapidly and because many federal court cases involving these issues are still pending and will likely provide answers regarding whether existing trademark laws are sufficient.

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SpicyIP

FEBRUARY 10, 2023

In this post, I extend it by highlighting HCU’s history arguing that HCU is a principle of trademark law and not just a provision limited to Section 12. The following two pieces, written over 10 years ago, also make a claim about the contraction of HCU. Rather, it can be invoked as an active defense against an infringement suit.

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Kashishipr

SEPTEMBER 20, 2021

NTC’s statement regarding the copyright assignment from SK Oil Industries to SSPL wasn’t appropriate as it wasn’t a party in the contract, and therefore, didn’t have the right to question it. On the other hand, the Trademark Law allows two or more registered owners or concurrent users of similar marks.

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The IP Law Blog

MARCH 2, 2021

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. But even if the Court put aside these issues, its own survey of the case law was less convincing than Fossil would have had the Court believe.

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Technology & Marketing Law Blog

MARCH 10, 2022

Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. The claims were unsuccessful, and I speculated that the church may have had better luck if it had a viable trademark or a contract claim, neither of which it had.

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SpicyIP

MAY 3, 2023

This incident is an addition to the trail of misadventures that trademark practitioners have faced before the Registry and we thought it would be beneficial to invite an experienced practicing trademarks lawyer to share with us their insights on this and the state of affairs before the Registry in general.

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Biswajit Sarkar Copyright Blog

NOVEMBER 25, 2022

A Trademark Attorney also councils the clients with appropriate course of action in case of an infringement or a dispute. The trademark attorney guides the clients through various legal aspects of introducing a new product or service into the market. They also draw and review contracts related to trademark management.

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43(B)log

SEPTEMBER 7, 2021

Big Ligas sued for tortious interference and for false advertising and trademark infringement under the Lanham Act. The tortious interference claims failed for contractual reasons and because Londra’s lawyer was his agent, not a stranger to the contract. This was a contract dispute, not a Yu problem.

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IPilogue

AUGUST 19, 2021

During her time as a trademark law professor at Drake University, Shontavia Johnson wrote that she believed the laws created solely to protect the Olympics had been stretched too far. Another odd result is that certain marks (e.g. Canada is not alone in facing criticism for its extensive protection of Olympics-related IP.

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SpicyIP

JULY 2, 2021

Since there are many companies in the world and there are only a handful of shapes and designs that can be used in any standard logo, there should be considerable flexibility in the copyright and trademark law. The convention provides for the right of priority in case of patents, marks and industrial designs. Image from here.

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LexBlog IP

JULY 5, 2023

On June 29, 2023, the Supreme Court adopted a restrictive view of the extraterritorial application of the Lanham Act, holding that federal trademark law cannot support a claim for trademark infringement against solely foreign conduct. The case is Abitron Austria GmbH v. Hetronic International, Inc.

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Technology & Marketing Law Blog

AUGUST 5, 2022

Gutman opened both accounts after she entered into the employment contract with JLM. The contract term was set to expire in August 2022, and thus the injunction would be dissolved as well. Washington State’s Proposed Employer Social Media Law: The Legislature Should Take a Cautious Approach — SB 5211. An Update on PhoneDog v.

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Technology & Marketing Law Blog

OCTOBER 19, 2021

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Implied-in-Law Contract/Unjust Enrichment.

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Technology & Marketing Law Blog

JANUARY 24, 2024

” The appellate court says this clause isn’t relevant because the examples given before the “any other works” phrase were “designs, drawings, notes, patterns, sketches, prototypes, samples, [and] improvements to existing works” and social media accounts are qualitatively different than these examples.

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The IP Law Blog

MAY 27, 2021

District Court for the Southern District of New York over the use of the Corona trademark for Corona Hard Seltzer and for breach of contract, alleging that Constellation only has the right to sell beer products, not hard seltzer, under the Corona brand. Modelo sued Constellation in the U.S.

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Garrigues Blog

OCTOBER 25, 2021

Needless to say, legislation on trademarks, designs and also unfair competition, protect these products. For example, the Trademarks Law expressly provides that third party use of an earlier mark on “electronic communication networks”, constitutes infringement. Image rights of avatars. And why not go even further.

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Erik K Pelton

MARCH 11, 2022

As a trademark law firm, we represent a wide array of clients but predominantly focus on helping small business owners protect their intellectual property. In recent years, trademark scams have proliferated and become increasingly problematic, particularly for small business owners. About Erik M. Pelton & Associates, PLLC.

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LexBlog IP

FEBRUARY 16, 2022

Hermes based its allegations of trademark infringement and dilution on the artist’s use of MetaBirkin as a trademark to promote his NFTs and at his metabirkin.com website. As noted in the Hermes lawsuit, trademark rules may apply depending on the circumstances.

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SpicyIP

MAY 18, 2022

From a trademark law perspective, however, the decision as to whether or not such a separate classification is necessary will depend on consumer experience with these goods and whether consumers perceive these ‘virtual goods’ as definable and having inherent value.

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IP Tech Blog

JULY 10, 2023

In the trademark context, nearly all countries recognize that trademark law is necessarily territorial at its core. This would allow for enforcement of trademarks in national courts even when the Lanham Act is not applicable. court forum.

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LexBlog IP

JULY 10, 2023

” In the trademark context, nearly all countries recognize that trademark law is necessarily territorial at its core. This would allow for enforcement of trademarks in national courts even when the Lanham Act is not applicable. court forum.

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SpicyIP

NOVEMBER 8, 2023

So … Prashant’s post was followed by a detailed post on Adwords and Trademark Law cautioning that a traditional interpretation of “use in commerce” could jeopardize the rights of trademark owners, given the evolving business models. “Ad-word” … yes, the very same thing that recently made headlines, again!

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Technology & Marketing Law Blog

SEPTEMBER 28, 2021

[Note: can trademark owners take advantage of the US jurisdiction consent between the online marketplace and its third-party sellers? Normally trademark owners aren’t third-party beneficiaries of that contract. Trademark owners will weaponize that ambiguity. Lack of State Preemption.

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IP and Legal Filings

SEPTEMBER 8, 2021

However, the UK and Spain Patents and Trademark office granted trademark protection to the ‘Bitcoin’ mark and its logo (Registration number: M4046141). The trademark laws used to regulate cryptocurrency-related marks are in their nascent stage. Smart contracts are contracts that are used to regulate NFT transactions.

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The IPKat

NOVEMBER 27, 2021

Jacques de Werra follows with Chapter 4, where he discusses research perspectives on contract law and IP. As de Werra reminds, IP law is harmonised through various international agreements, while contract law remains mostly local.

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The IP Law Blog

JANUARY 12, 2023

Items that were developed or created through the use of independent contractors, such as consultants, photographers, website and application developers, software developers, advertising agencies, graphic artists, production companies, and the like, may be company assets depending on contract terms.

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Intepat

MAY 12, 2023

Not all states are contracting parties under the Madrid Protocol, such as Hong Kong, Afghanistan, Bangladesh, Nepal, Pakistan, etc. Therefore, in countries such as these which are non-contracting parties. the applicant would be required to file separate applications in order to garner protection for their mark.

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IP and Legal Filings

FEBRUARY 20, 2024

However, it may be more appropriate to consider trademark law as a comparable framework for comprehending the extent of the personality right. The plaintiff filed the defence of personality rights infringement based on the contract that allocated the personas to them. National Law School of India Review , 31 (1), 125–148.

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LexBlog IP

JANUARY 22, 2022

Kayode & Co, a boutique IP law firm with offices in Lagos and Abuja, Nigeria. Lara is a leader in Africa trademark law, and represents the interests of numerous international companies in counterfeit enforcement and brand protection matters. Why should international companies seek to register their trademarks in Nigeria?

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LexBlog IP

JANUARY 22, 2022

Kayode & Co, a boutique IP law firm with offices in Lagos and Abuja, Nigeria. Lara is a leader in Africa trademark law, and represents the interests of numerous international companies in counterfeit enforcement and brand protection matters. Why should international companies seek to register their trademarks in Nigeria?

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IP and Legal Filings

FEBRUARY 7, 2023

Suggestions Some of the suggestions below may be used to reduce the likelihood of trademark infringement in light of the issues mentioned above that may be encountered in the protection of trademarks in the metaverse – Its virtual duplicate should also be covered by the trademark protection.

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