The IP Law Blog

FEBRUARY 3, 2022

In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” This protected designation was superseded by adoption of the Protected Designation of Origin (“PDO”) for GRUYÈRE in 2001.

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SpicyIP

SEPTEMBER 11, 2023

This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents. Plus, I argue that the liability of such an agent should be analogized with legal practitioners for which we already have sound jurisprudence and laws regarding professional conduct.

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IP and Legal Filings

MARCH 5, 2024

Cybersquatting is another type of trademark infringement. Trademark Law Before pre-digitalization The US Trademark Office (USPTO) defines a trademark as a word, phrase, design, or symbol that serves to identify and distinguish the products or services you sell apart from those of others.

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Trademark Social Media Advertising Advertising 86

IP and Legal Filings

OCTOBER 6, 2022

GIs are protected under the Trademarks Law as collective or certification marks, the Pyidaungsu Hluttaw Law No. In the Trademark and Geographical Indications Law, the definition of Geographical Indications is provided. 3, which is enacted on 30 January 2019. Other prescribed particulars.

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Registration Trademark Law Intellectual Property Trademark 52

The TTABlog

OCTOBER 13, 2021

Micro Mobio insisted that General Motors should have been stuck with the definition of cruise that it "used in its registration" (sic): "to sail from place to place, as for pleasure or in search of something." The court was unmoved. Read comments and post your comment here. TTABlogger comment: Is this a WYHA? Text Copyright John L.

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Registration Trademark Law Designs Design 52

IIPRD

JUNE 14, 2021

Piracy and Fashion Design. Piracy may be defined as the unauthorized and illegal reproduction or distribution of materials protected by copyright, patent, or trademark law which is capable of eating up the whole industry slowly and steadily. Protection under the Designs Act, 2000. Iqbal Singh Chawla&Ors. ,

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IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] When a mark is graphically represented and can distinguish the goods and services of one proprietor from another, it can be registered as a trademark. [9]

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Registration Trademark Trademark Law Law 77

IP Tech Blog

JULY 10, 2023

Trademark owners take note: In Abitron Austria GmbH et al. the Supreme Court definitively ruled that Sections 1114(1)(a) and 1125(a)(1) of the Lanham Act are not extraterritorial and extend only to claims where the infringing use in commerce is domestic. foreign sales of products for which foreign buyers designated the U.S.

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Trademark Intellectual Property Trademark Law Law 40

LexBlog IP

FEBRUARY 3, 2022

In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” The test turns upon the primary significance that the term would have to the relevant public.

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LexBlog IP

JULY 10, 2023

Trademark owners take note: In Abitron Austria GmbH et al. the Supreme Court definitively ruled that Sections 1114(1)(a) and 1125(a)(1) of the Lanham Act are not extraterritorial and extend only to claims where the infringing use in commerce is domestic. foreign sales of products for which foreign buyers designated the U.S.

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Intellectual Property Trademark Trademark Law Law 40

SpicyIP

MAY 18, 2022

The definition of these terms is unclear. The term ‘digital product’ has been used in certain laws but the term itself has not been defined. From these applications, it appears that applicants are trying to classify ‘virtual goods’, ‘digital collectibles’, as a separate and distinct category of goods.

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Non-Fungible Tokens Trademark Artwork Art 122

IP and Legal Filings

AUGUST 11, 2023

THE THREE STAGES OF INQUIRY A trademark is a mark capable of being graphically represented and it can distinguish the goods and services of one person from another person. [5] 5] So, the three qualifications of a trademark are: it is a mark, it is graphically represented, and it has the ability to distinguish itself. [6]

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Trademark Registration Intellectual Property Intellectual Property Law 79

IP Tech Blog

AUGUST 17, 2022

57 of the Chinese Trademark law. The article provides as follows: “ Any of the following acts shall be deemed as infringement of exclusive rights to use registered trademarks: . (1) 7) causing harm to other’s exclusive rights to use registered trademarks.”. 57 of the Trademark Law. The MSA Decision.

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Trademark Registering Trademarks Art Cease and Desist 104

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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IP and Legal Filings

JULY 5, 2023

Introduction Trademarks are recognised phrases, words, or symbols that designate a certain item and lawfully distinguish it from all other items of the same type. A trademark is a valuable intellectual property that businesses use to differentiate their brand from their competitors’ in the market. Avoid well-known brands.

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Kashishipr

MAY 11, 2022

A trademark refers to a recognizable expression, design, or sign uniquely identifying the products or services of a specific source and differentiating them from those of others. A trademark may be located on the packaging, voucher, label, or the product itself. Law on Color Trademarks in India.

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43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. That doesn’t mean that 43(a) couldn’t go beyond classic trademark protection. But what is TM use? of Ala, LV v.

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43(B)log

FEBRUARY 19, 2022

NAACP—these courts very clearly say that trademark law applies to commercial speech, defined as it is in First Amendment case law, and not to noncommercial speech. Some of the work is also done by the idea that trademark control extends only to the name/logo of a congregation and not to other elements of worship.

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Trademark Law Trademark Art Branding 72

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. Still, the court acknowledges that its resolution while definitive is only as between the two parties (i.e., Washington State’s Proposed Employer Social Media Law: The Legislature Should Take a Cautious Approach — SB 5211.

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IIPRD

OCTOBER 14, 2022

It needs to be noted that at this juncture IPR policy is jurisdictional and differs from nation to nation; but to do a comprehensive analysis, the focus of this article would be limited to the IPR laws for FinTech in India only. As of the current time, there is no prescribed definition of this terminology. WHAT IS A FINTECH.

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Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. Instead of protecting consumers, this bill gives trademark owners absolute control over online marketplaces by overturning Tiffany v.

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Trademark False Advertising Advertising Advertising 136

SpicyIP

FEBRUARY 21, 2024

This issue arose out of the absence of a clear definition of ‘High Court’ post the Tribunal Reforms Act, 2021 (‘TRA’) which abolished the IPAB and returned the powers to the High Courts. Gian Chand Jain was dealing with a similar issue since in the Design Act, 1911, the Act didn’t define which High Court would have jurisdiction.

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Trademark Intellectual Property Designs Design 105

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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Government Business Trademark Blogging 147

IP and Legal Filings

OCTOBER 23, 2023

The online marketplaces can be held liable only when the trademark owners take certain steps. As resonating the definition of the word “Sell” the online marketplaces act as an intermediate between the original sellers (trademark owners) and the buyers. The online marketplaces do not precisely title the products sold.

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Marketing Marketing Trademark Registration 85

Technology & Marketing Law Blog

MARCH 10, 2022

What about employee social media laws? Maryland enacted a social media privacy law in 2021. As with other such laws, this law struggles with definitions. Washington State’s Proposed Employer Social Media Law: The Legislature Should Take a Cautious Approach — SB 5211. SF Design Group. Spartz, Inc.

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Social Media Contracts Ownership Business 80

43(B)log

JUNE 24, 2022

Other IP rights: utility patent creates presumption of functionality; wonders about whether presence of non-TM IP protection for ornamental features—design patent, ©--might create a presumption of mere ornamentality w/o further evidence of source signification. Every figurative TM will be protected by ©/design, built into the system.

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Trademark Law Law Trademark Registration 75

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

” I’ll focus on the false designation of origin claim regarding Troia’s keyword ads. Troia claimed that he did not use the LoanStreet trademark in commerce. ” This definition of a service is an obvious tautology, and it’s also obviously in tension with the First Amendment.

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False Advertising Advertising Advertising Trademark 98

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may. What is Trademark Dilution?

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Trademark Registering Trademarks Trademark Law Branding 74

LexBlog IP

APRIL 12, 2023

I briefly mentioned Abitron here recently , but it deserves more attention in the context of defining the boundaries of US trademark laws and just on the notion of defining words. ” But there are counterarguments to the suggestion that the law would only have been concerned with uses in domestic commerce. Vitronics Corp.

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Law IP Intellectual Property Copyright 52

Technology & Marketing Law Blog

JULY 17, 2023

In addition, the opinion has important ramifications for domestic trademark law through its identification of “use in commerce” as the actionable domestic conduct. Now in trademark law, extraterritorial reach is a simple on-off switch: Is there use in commerce or not?

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Trademark Blogging Litigation Law 69

Technology & Marketing Law Blog

OCTOBER 19, 2021

I’m not sure what law prevents Google from placing ads over marketing brochures or print ads OTHER THAN COPYRIGHT LAW (or possibly trademark law–but at this point, what does any of this have to do with IMPLIED-IN-LAW CONTRACTS?). What about updates of browser software?

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SpicyIP

JANUARY 2, 2024

M P Ram Mohan is a Professor in the Strategy Area at the Indian Institute of Management Ahmedabad and Aditya Gupta is a lawyer by training and is presently working on issues that fall at the intersection of IP law, freedom of expression, and business strategy. 8(b) and “scandalous marks (S.

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Trademark Law Trademark Law Registration 59

IP and Legal Filings

AUGUST 3, 2023

Marks consisting of designs or patterns may also be rejected as a failure to function. When a trademark is rejected primarily because it is decorative or ornamental, and lacks the ability to function as a source identifier, it is called an ornamental refusal. It may be rejected for being a mere graphic representation of the product.

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Registration Branding Brands Branding 52

IIPRD

JANUARY 21, 2022

Under the trademark law, the trade dress encompasses the visual aspect of a product and it comprises several distinctive features with respect to the shape, size, packaging, colour combination, textures, graphics etc. Additionally, ‘ mark’ has also been defined under Section 2(m) of the act to include the shape of goods, packaging etc.

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Branding Brands Branding Trademark Law 40

Technology & Marketing Law Blog

MAY 30, 2023

Accordingly, the court preliminarily enjoins the Owocs from posting to the accounts until ownership is definitively adjudicated. SF Design Group Courts Says Employer’s Lawsuit Against Ex-Employee Over Retention and Use of Twitter Account can Proceed–PhoneDog v. Kravitz An Update on PhoneDog v. Spartz, Inc. Christou v.

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The IP Law Blog

JANUARY 12, 2023

Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress. .

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IP Intellectual Property Social Media Cease and Desist 98

Garrigues Blog

MAY 25, 2022

patents, trademarks, designs, original works), and if applicable, it must be assessed whether the unfair competition rules apply secondarily. UCL has to be interpreted carefully, because it is not the same as the definition of association in the field of trademark law (i.e.

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