Patently-O

DECEMBER 7, 2023

by Dennis Crouch In patent law, product copying can serve as indirect evidence of non-obviousness. A pending petition before the Supreme Court asks a similar question in the trademark realm – to what extent does copying of a product serve as evidence of secondary meaning of the product associated trade dress.

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TorrentFreak

FEBRUARY 24, 2023

With more than 238 million copies sold, it’s also the best-selling video game in history, a reign that looks set to continue. Mojang is totally fine with this, as long as people don’t charge money or distribute modded copies of the game. All repositories are reportedly linked to copies of Eaglercraft.

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Patent Trademark Blog

NOVEMBER 30, 2022

No patents: What are your options against product copies? The post No Patents: How to Protect Product from Copying appeared first on Patent Trademark Blog | IP Q&A. The post No Patents: How to Protect Product from Copying appeared first on Patent Trademark Blog | IP Q&A. It’s understandable.

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JD Supra Law

NOVEMBER 1, 2023

Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design? While offering a new design for sale without obtaining a patent often means the design is now in the public domain, copyright and trademark laws could mean otherwise.

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LexBlog IP

SEPTEMBER 13, 2023

A defendant opposing a motion for summary judgment in a trademark case often repeats the refrain that issues of likelihood of confusion and dilution are riddled with issues of fact reserved for a jury. Read more

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Erik K Pelton

SEPTEMBER 9, 2022

The following is an edited transcript of my video Trademarks in the Cloud. The USPTO recently phased out issuing trademark registration certificates on paper to all registrants automatically, and are instead issuing them electronically. But this last element moving to the cloud still is a change. I think that’s a great idea.

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Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. This means, theoretically, that elements such as the Superman “S” can be protected by copyright because they are separate elements that are merely copied onto the clothing.

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Erik K Pelton

AUGUST 19, 2022

The following is an edited transcript of my video An Ounce of Trademark Protection is Worth a Pound of Curing a Trademark Dispute. This statement is really true when it comes to trademarks. Yes, it takes some time and money to protect a trademark upfront. Why is it so valuable to do that?

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43(B)log

MAY 19, 2023

Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.” Looking at the side by side pictures in the complaint, this is a bit hard to swallow, but the evidence of copying/references to Roblox clearly bleed over from the TM side.

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SpicyIP

FEBRUARY 7, 2024

A Case of ‘Smart Copying’: ‘Peace Maker’ Restrained from Imitating ‘Officer’s Choice’ Do you enjoy your whiskey? A bit of factual background before we move ahead to the legal analysis: Allied Blenders, a liquor manufacturer, has held a registered trademark for ‘OFFICER’S CHOICE PRESTIGE WHISKY’ label since 2013.

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IP Law 360

APRIL 8, 2024

Nvidia has been hit with a trademark infringement action in Texas federal court by competitor Modulus Financial Engineering accusing Nvidia of illegally using an identical "Modulus" mark in connection with Nvidia's open-source framework and artificial intelligence software, without Modulus Financial's permission.

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Erik K Pelton

OCTOBER 28, 2022

The following is an edited transcript of my video Trademark Protection for Bands and Musicians. Just like any other brand, the music industry brands can strongly benefit from trademark protection. The post Trademark Protection for Bands and Musicians appeared first on Erik M Pelton & Associates, PLLC.

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Erik K Pelton

JUNE 12, 2023

On Friday, the USPTO sent out a notice to many trademark owners who’s email address were “recently identified a data security incident that impacted domicile information in certain trademark filings between February 2020 and March 2023.” For more on trademark scams see www.isthisatrademarkscam.com.

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azrights

OCTOBER 5, 2023

I would love to send you a signed copy of Brand Tuned, the new rules of branding, strategy and intellectual property if you’re UK based and are: EITHER: An Azrights client: OR An agency or freelancer supporting businesses to promote or create their brand. Just complete this form to receive a copy of the book.

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Erik K Pelton

FEBRUARY 20, 2022

The following is an edited transcript of my video How NOT to Protect Your Trademark. Having recorded dozens of episodes on how best to protect a brand and a trademark, I thought it would be fun to share my tips on how not to protect your trademark (sarcastically, of course). And don’t worry about if anybody copies it.

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IP Spotlight

DECEMBER 13, 2021

Patent and Trademark Office (USPTO) plans to stop issuing patent and trademark certificates in hard copy format. The USPTO’s trademark regulations do not require the USPTO to mail trademark registrations in hard copy form. As part of its plan to modernize the U.S.

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The IPKat

NOVEMBER 11, 2022

You may not love Asian carp, but you will hopefully love copi (and will give the fish a try at your favorite restaurant, thereby preventing ecological disaster). This recasting was done by a Chicago marketing company, Span Studio , which came up with a new name for the fish—"copi". There may be a lot to this change of name.

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43(B)log

SEPTEMBER 20, 2021

Each webpage that contained one of McCleese’s photos also contained Natorp’s own trademark and copyright symbols at the top and bottom. He did allege sadness, distress, and “profound grief” from Natorp’s copying of images of a particular landscape job, but the Lanham Act doesn’t cover psychological, emotional harm.

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JD Supra Law

MARCH 17, 2023

Patent & Trademark Office (USPTO) announced that it will no longer issue patents in a printed “ribbon copy” form as of April 18, 2023. Instead, patents will now only be issued electronically in a digital form.

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Erik K Pelton

NOVEMBER 1, 2021

The following is an edited transcript of my video, Having Trademark Registration is Like Double Insurance for Your Brand. What does this have to do with trademarks?!? Trademark registration, believe it or not, is just like that insurance and that smoke detector and fire extinguisher for your brand.

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Intepat

DECEMBER 1, 2023

For both individuals and businesses, trademarks stand as valuable assets, offering protection for unique brands, logos, and slogans. However, there are instances where an individual perceives that a trademark application by another person infringes upon their rights or interests. What is Trademark Opposition?

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Erik K Pelton

AUGUST 16, 2021

The following is a transcript of my video Big Businesses Need Trademark Protection; Small Businesses Need It Even More. The lesson from all of this is that all businesses need trademark protection. Of course, big businesses benefit from trademark protection. They file dozens, if not hundreds, of trademark filings every year.

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Erik K Pelton

JANUARY 12, 2022

The USPTO recently announced, via notice in the Federal Register , that it intends to issue electronic trademark registration certificates, and only will print physical certificates upon request and with a small fee ($25 per copy). EMP&A is a boutique trademark law firm located in Falls Church, Virginia. 238 at page 71249.

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LexBlog IP

SEPTEMBER 20, 2022

This right allows the authors of these works to decide who is allowed to copy their work, and how, amongst other things. This is because copyright registration can be attained by an author applying on their own; this is in contrast to, for example, a trademark application, which must be filed by an attorney.

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The IPKat

OCTOBER 1, 2022

Here’s what Felicia writes: Archival Authenticity or Iconic Copies? It also suggests that copying might have some effect on our understanding of what is and is not iconic. Assuredly, Dolce & Gabbana may not be able to prevent copies on the U.S. In this negative space of copyright law in the U.S., see this chapter.)

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IP Law 360

JANUARY 20, 2023

A company that makes distinctive cocktail glass-shaped and branded golf tees filed a lawsuit against a golfing novelty store in Georgia federal court, alleging the retailer ripped off its patented design and trademarked packaging, after agreeing not to sell copies of the tees.

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43(B)log

OCTOBER 11, 2022

Boston Suburban allegedly continued to use the “Logan Car Service” mark in online keyword advertising and in metatags, and continued to copy customer reviews from Boston Carriage’s website and publish them on online review platforms.

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IP Watchdog

NOVEMBER 20, 2023

The Lanham Act provides for special remedies in cases of trademark infringement “involving” the use of a “counterfeit” mark. 1117(b), (c); 15 U.S.C.

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Kashishipr

JUNE 22, 2022

In India, the Trademarks Act of 1999 (referred to as ‘Act’ further in this article) forms the legal basis for Trademark Registration , protection, and enforcement. Any individual or entity can file an opposition against the proposed trademark published in the trademark journal.

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Sander Law

JULY 20, 2022

Differences Trademark Registration in US and Canada. The process of registering a trademark in the US is slightly different than in Canada. The following are some differences in the trademark registration process between the two countries. US - In the US, you need to indicate a filing basis in the trademark application.

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IP Law 360

FEBRUARY 24, 2023

A Pennsylvania federal jury found Friday that Pace-O-Matic's Pennsylvania arm and its affiliates had a rightful claim to the name "Pennsylvania Skill" for their game machines, and that their former distribution partner had wrongfully copied and tried to trademark it.

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IPilogue

SEPTEMBER 9, 2022

According to The Wrap , AMC Networks and Sony Pictures, the production companies behind Better Call Saul , are being sued for trademark and trade dress infringement by Liberty Tax. The entertainment industry is no stranger to trademark infringement issues. Photo retrieved from The Wrap. Photo retrieved from Tubefilter.

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Corsearch

FEBRUARY 22, 2024

Trademark infringement is the nightmare that keeps big brands up at night. In a world where maintaining a distinctive identity and protecting consumer trust is a constant battle, safeguarding your trademarks is crucial. What is trademark infringement? Let’s start with the basics; what is trademark infringement?

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SpicyIP

AUGUST 31, 2023

Image from here Smells like Luxury, Does it cost a Trademark Battle? Ishant Jain The rise of comparative advertising in the perfume industry (for instance see here and here ) sparks debate on issues of potential trademark infringement and disparagement. We will explore the relevance of this further ahead in this post.

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The IPKat

JANUARY 27, 2022

On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products. The trademark depicts the shape of the Chanel No. 5 perfume bottle. T 862/19 ). This claim, too, was unsuccessful.

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Kluwer Copyright Blog

JULY 15, 2021

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy (also known as the blank media tax or levy). In Part I of this set of posts, I describe draft changes to the Polish copyright law on the collection and division of the private copying levy.

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IP Law 360

FEBRUARY 8, 2023

German supplement company PM-International AG is suing a cannabis product maker over the use of its Nutrient Transport Concept — or NTC — trademark, saying the cannabis company copied the mark after its co-founder had worked as an independent distributor for PM.

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