Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. What is Intellectual Property? Intellectual property or IP is a creative work or invention that one holds rights to.

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LexBlog IP

APRIL 10, 2023

For most intellectual property questions, your attorney can be located anywhere in the United States. This is because most of the relevant intellectual property laws involving patents, trademarks, copyrights, and trade secrets are federal laws, which apply uniformly throughout the United States.

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LexBlog IP

FEBRUARY 29, 2024

January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. The law gives copyright owners a monopoly to exploit and monetize creative works. For those who thought AI was a problem, cryogenics could really wreak havoc with IP law. But not so fast.

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IPilogue

NOVEMBER 17, 2021

Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . Much like the case of Jolie, the sweaters quickly became a topic of controversy , as the Cowichan Tribes of Vancouver Island alleged the sweater designs had been appropriated from one of their traditional designs.

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IIPRD

FEBRUARY 6, 2024

In this sector, intellectual property (IP) regulations are essential for defending the rights of inventors, artists, and producers. We will examine the fundamental ideas and rules of copyright, trademark, and patent laws as well as how they relate to various entertainment business sectors in this extensive book.

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IP and Legal Filings

MARCH 5, 2024

Cybersquatting is another type of trademark infringement. This seriously threatens the financial interests and intellectual property rights of enterprises. Preventing consumer misunderstanding and protecting the goodwill associated with a brand are two of the core trademark law concepts that predate the internet era.

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IP and Legal Filings

AUGUST 11, 2023

19] Being able to distinguish one’s trademark falls at the centre of the trademark law, as otherwise, it is liable to be rejected under Section 9(1) of the Act. According to the rules, graphical representation means a representation of a trademark that is represented or capable of being represented in paper or digitised form. [27]

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IP and Legal Filings

SEPTEMBER 3, 2021

Such strategies are not merely restricted to trademarking names, patenting products or copyrighting creative material. In fact, businesses have begun to extend the scope of Intellectual Property laws by protecting subsets of their products or services. This has introduced a new wave of non-conventional trademarks.

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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. 1125(c)(3)(A). 1125(c)(3)(A).

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Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name. Understanding the Secondary Meaning of Trademark.

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Kashishipr

DECEMBER 15, 2021

” The emphasis of the case was whether the design of the Defender had “inherent or acquired distinctiveness.” The trademark was registered for a 3D shape of 250 GTO in three classes: Class 12 (Vehicles), Class 25 (Clothing), and Class 28 (Games and playthings). The protection only applies in the UK.

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IP and Legal Filings

JUNE 12, 2023

A trademark typically consists of a word (like Cheerios), a stylised word or letter (like the iconic M logo for McDonald’s), a design (like Nestlé’s birds’ nest), or a phrase (like “Life tastes better with KFC”). References Intellectual Property Law | Color Trademarks: What Protection Can They Have?,

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Kashishipr

MARCH 2, 2022

Keeping a regular watch on the market for unauthorized use and reproduction of similar or identical marks goes a long way towards safeguarding trademark rights. The Trademark Law of different nations is not based on registration alone, but on the usage of marks and timely renewal as well. For more visit: [link].

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LexBlog IP

JANUARY 13, 2022

When Canada is designated via the Madrid Protocol, the Canadian Intellectual Property Office (CIPO) will communicate directly with the applicant if a Canadian trademark agent is not appointed. Applications designated via Madrid Protocol. ~17. Any other questions or concerns about Canadian trademark law?

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Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Many companies exploit renowned person identities without obtaining proper consent, leading intellectual property experts to advocate for the safeguarding of image rights through registration under Intellectual Property laws.

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LexBlog IP

MARCH 3, 2023

Trademark law permits others to use your mark if that use qualifies as fair use. Permitted uses include allowing a person to use a mark in 1) a non-trademark, descriptive sense to describe a trademark holders goods and/or services and 2) to refer to a trademark owner or its good and/or services.

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Kashishipr

AUGUST 24, 2022

Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Relationship between Trademark Law & the Hospitality Industry. For more visit: [link].

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LexBlog IP

APRIL 15, 2022

Disney should also be strategically liberal in its lawsuits—both under trademark law and under derivative works. While copyright protection expires, trademark protection does not. ” Disney has trademark protection for Mickey Mouse. ” Disney has trademark protection for Mickey Mouse.

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Kashishipr

SEPTEMBER 20, 2021

The label in question was designed by an employee of SK Oil Industries. On the other hand, the Trademark Law allows two or more registered owners or concurrent users of similar marks. It is also the successor of SK Oil Industries. Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work.

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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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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] This article will answer the question in the affirmative by reading in harmony with the Act, Rules, Manual, and case laws on the subject matter. 1] Rachna R.

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Garrigues Blog

OCTOBER 25, 2021

As far as legal aspects are concerned, the Intellectual Property Law could be of help here. Article 10 states that “intellectual property shall comprise all original artistic creations expressed on any medium or in any format, tangible or intangible, known at present or that may be invented in the future”.

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LexBlog IP

OCTOBER 25, 2021

” In June 2021, the Second Circuit overturned a decision by the Federal Trade Commission (“FTC”) that 1-800 Contacts violated antitrust laws by enforcing its trademark rights against online competitors. Michaela Cappucci is a second-year law student at Wake Forest University School of Law.

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Kashishipr

NOVEMBER 2, 2022

Maintaining a Trademark Registration can indeed be challenging if you aren’t familiar with the Trademark Law. However, there exist some steps and guidelines you can take and follow to ensure your Registered Trademark remains protected and valid.

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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.

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Kashishipr

SEPTEMBER 14, 2022

The courts in India protect barcodes and QR codes under the Trademark Law. The plaintiff also had a Trademark Registration certificate for the barcode with a pictorial design and ‘890’ therein in class 35 concerning certification services. Needle Industries (India) Pvt. For more visit: [link].

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LexBlog IP

APRIL 12, 2023

“Yes, the law is about words.,” And Ken White noted more recently that “the entire project of the law is about words meaning specific things.” Indeed, understanding and enforcing the rule of law is itself commonly about defining an undefined concept. One is the case of Abitron Austria GMBH v.

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The IPKat

FEBRUARY 6, 2022

Best Patent Law Book The nominations were: EPC.App and PCT.App (Self-editable EPC and PCT reference books) Patent Subject Matter Eligibility: A Global Guide, (eds) Paul W Browning, Christopher C Johns and Sara A Leiman The Genome Defense: Inside the Epic Legal Battle to Determine Who Owns Your DNA, by Jorge L. Dinwoodie and Mark D.

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Kashishipr

SEPTEMBER 8, 2021

A trademark is typically a sign, logo, symbol, word, phrase, design, or combination of them, which identifies the product or service of a particular brand. To sell the product, using the brand name makes it a trademark. ’ Common or generic terms are usually not protected under trademark law.

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The IPKat

NOVEMBER 4, 2021

Underwood Chair in Law at Vanderbilt University Law School, US. In the introduction, Gervais explains that the approach to discussing IP law reform taken in this edited collection is considering both primary and secondary level reform. He defines primary IP rights as those that have been part of law for more than 50 years.

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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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Technology & Marketing Law Blog

SEPTEMBER 23, 2021

Section 230(e)(2) says “Nothing in this section shall be construed to limit or expand any law pertaining to intellectual property,” so IP lawsuits over third-party content are not preempted by Section 230. Legal Background. Section 230(c)(1) says websites aren’t liable for third-party content.

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LexBlog IP

FEBRUARY 23, 2022

The Journal of Business & Intellectual Property Law looks forward to its three panel discussions on Friday, Feb. This session will be followed by a panel conversation on the Role of Intellectual Property in SME. . Rudy Gaines. ● Owner of a Rudy Gaines Creative Business Growth Company. Michael Curley.

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IP and Legal Filings

FEBRUARY 20, 2024

Despite the judiciary’s efforts to address the concerns under current intellectual property laws like copyright and trademark, the absence of relevant and specific provisions for the protection of personality rights has started to pose a serious threat. Interesting right?

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LexBlog IP

JUNE 21, 2023

We will look not only at the laws of the United States but at some other jurisdictions as well. So watch the docket to see how this case plays out, and to see how it impacts the concept of the registration of historic figure trademarks. Japanese Trademark Law, Article 4(1)(viii). Section 1209.03(x) ” Id.

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LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” Third , it is a settled principle of law that common words can be registered only once they acquire secondary distinctiveness.

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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. The ARIPO trademark filing system is regulated by the Banjul Protocol.

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