The IPKat

DECEMBER 9, 2021

Katfriend Federica Combariati (TM IP Counsel at Assa Abloy) discusses a recent decision relating to AC Milan’s attempt to extend its international trade mark registration for its club logo to the territory of the European Union. A German based company, very prolific in such business area, has already registered the name "Milan".

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Branding Brands Branding Registration 94

Technology & Marketing Law Blog

JUNE 21, 2023

Many trademark attorneys and professors hoped the Supreme Court would provide more guidance on how to resolve conflicts between trademark and free speech rights in Jack Daniel’s Properties, Inc. By Guest Blogger Lisa P. Ramsey [Lisa P. Ramsey is a Professor of Law at the University of San Diego School of Law. 1114(1) or 15 U.S.C.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

IPilogue

DECEMBER 6, 2021

Eloise Somera is a 3L JD Candidate at Osgoode Hall Law School , enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. What does the colour red, an in-store family diner, and Zeddy the teddy bear remind you of? The Zellers Trademark: Then and Now. is contravening s.

Trademark 111

Trademark Intellectual Property Intellectual Property Law Registration 111

The TTABlog

OCTOBER 25, 2022

Section 2(a) provides, in pertinent part, that "[n]o trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it (a) consists of or comprises. Here is an updated TTABlog collection of Section 2(a) false connection cases.

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Registration Intellectual Property Designs Design 82

Kashishipr

OCTOBER 6, 2021

The same can be possible through trademarking any word, symbol, design, or phrase that the company uses to identify itself in the marketplace. However, the owners must conduct diligent research before settling on the identifying material for their company. Part of this research includes performing a Trademark Clearance Search.

Business 105

Business Trademark Cease and Desist Registration 105

The IPKat

JULY 4, 2023

But what happens when the pun consists of a well-known trade mark? While there is no likelihood of confusion between the marks given that the services are dissimilar, the judges accepted that British Hairways takes unfair advantage of the distinctiveness of without due cause and within the meaning of Sec.

Art 106

Art Intellectual Property Registration Patent 106

LexBlog IP

JULY 14, 2022

Ohio State University recently made Intellectual Property headlines by managing to procure a trademark registration for the word THE. The registration procured by Ohio State covers t-shirts, caps, and hats. With that in mind, we can return to the significance of this registration. In my humble opinion, it is not.

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Trademark Registration Intellectual Property Television 52

Kashishipr

MARCH 2, 2022

What happens after you get your mark registered as a trademark? Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. It is the likelihood of confusion that leads to trademark infringement instances.

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Registering Trademarks Trademark Registration Trademark Law 105

The IPKat

FEBRUARY 6, 2022

Take this opportunity not only to renew your energies but also to check what has been going on around the IP blogs. Designs Marques Class 99 reported on the UKIPO's recently launched call for views on the design system. February is finally here, Mercury retrograde is over and we can finally breathe lightly!

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Blogging IP Designs Design 78

Intepat

MAY 24, 2023

What is the Madrid System? More than 120 years ago, nine countries established a particular unit for the international registration of marks, known as the Madrid System. More and more countries have signed up to this unique international trademark registration system. What is a Provisional Refusal under the Madrid System?

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Registration Trademark Intellectual Property Reporting 52

IP and Legal Filings

OCTOBER 30, 2023

Introduction With Margot Robbie lighting up our screens in what is arguably the movie of the year, it is the summer of Barbie again; just like it has been, every summer, since her introduction in 1959. A straightforward pink sans-serif typeface was used for the 1959 original trademark registration.

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Trademark Branding Brands Branding 85

LexBlog IP

FEBRUARY 16, 2022

The Hermes lawsuit raises all sorts of questions for brand owners, artists, and truthfully almost any business owner as to the intellectual property rights in emerging technology, whether it is the metaverse, NFTs, or other expressive mediums that have not yet been conceived. Grimaldi , 875 F.2d 2d 994 (2d Cir.

Art 52

Art Non-Fungible Tokens Intellectual Property Ownership 52

LexBlog IP

APRIL 11, 2023

But it could also lead to confusion in the aisles of Pennsylvania’s liquor stores. Because various types of alcohol goods are available in various types of stores, this often leads to consumers making trips to multiple different stores depending on what type of alcohol they want to buy.

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Branding Brands Branding Trademark 52

LexBlog IP

JANUARY 25, 2024

Last year, the Supreme Court limited application of the Rogers test in Jack Daniel’s Properties, Inc. In those instances, a traditional likelihood of confusion or dilution analysis is required. AJ Press, Inc. , focused news publications was protected expression and not explicitly misleading.

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Trademark Designs Design Branding 40

43(B)log

JULY 20, 2022

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. There’s no written agreement” will do it.] 1” therein.

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False Advertising Ownership Registration Designs 72

43(B)log

NOVEMBER 8, 2023

VIP Products, the Court held that it did not need to apply or even decide the validity of a speech-protective limit on trademark law designed to prevent trademark owners from shutting down expressive works that comment on trademarks, known as the Rogers test. Then I’ll talk about the 9 th Circuit case Enigma Software v.

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False Advertising Advertising Advertising Trademark 75

LexBlog IP

NOVEMBER 30, 2023

As you can see, the only real difference between the two is that “Expert Mode” includes “ Design code” and “ Design description.” As you can see, the only real difference between the two is that “Expert Mode” includes “ Design code” and “ Design description.”

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Registration Designs Design Trademark 52

LexBlog IP

AUGUST 10, 2022

In a non-precedential decision, the TTAB held that use of the word and stylized mark EL RANCHERO for “food products made of corn, namely, corn chips, tortillas and tostadas” were confusingly similar to the word and design marks RANCHERO for “cream” and “Mexican style sausages, namely chorizo and bolita.”

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Social Media Designs Design Registration 40

LexBlog IP

MARCH 28, 2023

Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, or instead receives heightened First Amendment protection from trademark infringement claims. She continued: “Parodies can be confusing. If so, you should not have a dog.

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Branding Brands Branding Trademark 52

LexBlog IP

MARCH 28, 2023

Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, or instead receives heightened First Amendment protection from trademark infringement claims. ” She continued: “Parodies can be confusing.

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Branding Brands Branding Trademark 52

LexBlog IP

DECEMBER 14, 2022

In addition to the standard registrability assessment conducted by IP Australia (which applies to all standard Australian trade mark applications), applications for certification trademarks also require the approval of the Australian Competition and Consumer Commission before they may proceed to registration.

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Registration Branding Brands Branding 52

Garrigues Blog

OCTOBER 11, 2022

This is why a GI usually includes the designation of the place of origin. An EU proposal for a regulation could help protect craft products and the qualities attributed to specific local skills and traditions. Talavera pottery, Elche footwear and Albacete knives are undoubtedly well-known the world over.

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Registration Marketing Marketing Designs 52

LexBlog IP

JULY 26, 2022

This is not so in the US, which has a very broad definition of what comprises a trademark in 15 U.S.C. Section 1127: A trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods.

Registration 52

Registration Trademark Advertising Advertising 52

LexBlog IP

JULY 5, 2023

The Lanham Act applies to persons who, without the consent of the trademark registrant, “use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark. if] such use is likely to cause confusion.” The case is Abitron Austria GmbH v. Hetronic International, Inc. and abroad.

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Trademark Marketing Marketing Contracts 52

azrights

JUNE 15, 2022

Match Group successfully challenged the Muslim dating app, Muzmatch’s, trade mark registrations in the EU and the U.K. Therefore, the likelihood of confusion between Muzmatch and Match is high, said the court, and Muzmatch was taking unfair advantage of Match’s trade marks. They would believe Muzmatch to be a sub-brand.

Business 93

Business Branding Brands Branding 93

Technology & Marketing Law Blog

JULY 17, 2023

Abitron garnered far less attention than did other intellectual property (IP) cases argued this term, including Jack Daniels Products, Inc. Despite a partially harmonized international intellectual property system, IP laws are fundamentally territorial. Hetronic International Inc. , Hetronic International Inc. ,

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Trademark Blogging Litigation Law 70

SpicyIP

MAY 20, 2024

Highlights of the Week Announcing the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law Prof (Dr.) What’s in a Name? This and much more in last week’s SpicyIP Weekly Review. Anything we are missing out on? Anything we are missing out on? Drop a comment below to let us know. On the occasion of Prof.

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Trademark Advertising Advertising Copyright 45

SpicyIP

FEBRUARY 13, 2023

After another busy week here at SpicyIP, here are the quick summaries of the 5 blogposts that were put up, along with 15 case summaries and other national and international IP developments for you. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them!

Designs 52

Designs Design Trademark Cease and Desist 52

IIPRD

MARCH 9, 2022

This concept has originated from the United States’ Lanham Act of1946under section 43(a) a product’s trade dress can be protected without any kind of formal registration. The Trademark Act does not define what a “Trade Dress” is as is expressly given in the Lanham Act. Indian Trademark Act and Trade Dress Protection.

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Trademark Branding Brands Branding 40

LexBlog IP

APRIL 27, 2022

In addition, fanciful marks are more likely to obtain trademark registration (i.e., In fact, due to their unique nature, the USPTO is less likely to Office Action for Likelihood of Confusion for a fanciful trademark. Related: What Are Trademarks. Generally, there are four times of trademarks: Fanciful or Arbitrary.

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Trademark Branding Brands Branding 52

IP Tech Blog

JULY 10, 2023

The defendant below originally operated as a licensed distributor for these products, but later concluded that it held the rights to much of the plaintiff’s intellectual property, including the black and yellow marks on the products at issue. foreign sales of products for which foreign buyers designated the U.S.

Trademark 40

Trademark Intellectual Property Trademark Law Law 40

LexBlog IP

JULY 10, 2023

The defendant below originally operated as a licensed distributor for these products, but later concluded that it held the rights to much of the plaintiff’s intellectual property, including the black and yellow marks on the products at issue. foreign sales of products for which foreign buyers designated the U.S.

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Intellectual Property Trademark Trademark Law Law 40

The IPKat

JANUARY 9, 2022

Back in October, University of Illinois Chicago School of Law’s Center for Intellectual Property (“IP”), Information, and Privacy Law organized and virtually hosted its International IP Practice Seminar. Adam Ernette (UIC) reports on the seminar. Lisa Jorgenson, spoke at the Seminar’s featured session. The buzzword for Ms.

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Reporting Law IP Patent 57