Olartemoure Blog

MAY 24, 2024

The Vineyard Experience You can also trademark the vineyards from which the bottle comes, as well as their services, as they offer a unique experience. The Bottle The bottle’s shape is generally not protected unless it has a novel, original design. However, those distinctive labels are protected under industrial design laws.

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Intellectual Property Licensing Designs Design 105

The IPKat

JULY 22, 2022

On 21 July 2022, Member States of the World Intellectual Property Organization (WIPO) approved the convening of diplomatic conferences on designs and genetic resources, no later than 2024. This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. Copyright: WIPO.

Designs 117

Designs Design Intellectual Property Licensing 117

The IPKat

JANUARY 27, 2022

Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. 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.

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IIPRD

MAY 9, 2024

Hence, the concept of cross licensing agreement has originated with the intent to help various organizations in sharing patent licenses along with their rights and liabilities leading to their easier access to masses and reduction of monopolistic market tendencies. Cross-licensing agreements can both restrain and advance competition.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Licensing Law 59

Patently-O

OCTOBER 8, 2021

It is a generic term, and not a trademark – in Australia. ” UGG is a registered trademark in the USA, now owned by Deckers Outdoor Corp. Back in 2016, Deckers learned that Australian Leather had imported 12 pairs boots labelled “ugg boots” into the USA and sued for trademark infringement. Petition ].

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Patently-O

JULY 20, 2023

by Dennis Crouch TBL Licensing v. 2023) The Timberland Boot trade dress case is pending before the Fourth Circuit, raising some interesting questions about the role of product trade dress vs design patents vs copyright vs utility patents. The boot design is well recognized as an icon. Vidal (4th Cir.

Designs 74

Designs Design Cease and Desist Design Patent 74

LexBlog IP

JANUARY 27, 2022

Trademark Scam Alert: Fraudulent Low-cost trademark design & filing sites. The United States Patent and Trademark Office (USPTO) has announced a number of show-cause orders and exclusion orders issued by the Commissioner for Trademarks. Design Iconix. Design Logo USA. Designing Territory.

Designs 52

Designs Design Trademark Branding 52

Trademark and Copyright Law Blog

FEBRUARY 9, 2024

This season, celebrities Taylor Swift, Simone Biles, and others have worn unique designs based on NFL jerseys and related team-branded gear. These upcycled garments were created by Kristin Juszczyk, the wife of San Francisco 49ers fullback Kyle Juzczyk and an up-and-coming designer in her own right.

Social Media 64

Social Media Licensing Branding Brands 64

The TTABlog

DECEMBER 13, 2022

District Court for the Eastern District of Virginia upheld the TTAB's decision [ TTABlogged here ] affirming a refusal to register certain features of Timberland's boot design on the ground that the proposed mark for "footwear, namely, lace-up boots" lacked acquired distinctiveness. TBL Licensing, LLC v. Vidal , Civil Case No.

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Designs Design Advertising Advertising 96

BYU Copyright Blog

JUNE 3, 2024

Boyages alleges that the University knowingly and unlawfully used an art-designed logo (logo or art design) created by the Plaintiff without her authorization or license and is therefore entitled to damages and monetary relief according to 17 U.S.C. She also claims that the University applied for a trademark with the U.S.

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Copyright Art Social Media Designs 52

IPilogue

NOVEMBER 23, 2022

In this new billion dollar industry , game developers must be especially cautious of potential trademark infringements. court cases addressed the question of whether depictions of real vehicles in video games constitutes trademark infringement. The agreement included the right to enforce the license in court. Two recent U.S.

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Trademark Licensing Intellectual Property Designs 111

JD Supra Law

APRIL 25, 2024

The US Court of Appeals for the Fourth Circuit affirmed a district court’s summary judgment grant in a trademark dispute, finding that the district court did not err in concluding that a subset of design elements lacked distinctiveness in the public’s view. TBL Licensing, LLC v. 23-1150 (4th Cir. By: McDermott Will & Emery

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Licensing Designs Design Trademark 65

IP and Legal Filings

MAY 10, 2024

Indian Copyright Act, 1957 – sections 30 to 32 provide for licensing. It allows for both voluntary and compulsory licensing. Further Trademarks Act, 1999 and Designs Act, 2000 allow licensing of trademarks and designs respectively. Why must an owner of IP license it?

Intellectual Property 99

Intellectual Property Technology Licensing Invention 99

Garrigues Blog

JULY 27, 2021

This time, we will take a look at other equally important branches of IP that are covered by the report: trademarks, industrial designs and creative industry (publishing). Trademarks. WIPO’s report revealed that trademark applications continued to grow worldwide in 2019 – this time by 5.8%. Industrial designs.

Intellectual Property 52

Intellectual Property Designs Design Trademark 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. Furthermore, it will also never enforce your trademark rights on your behalf.

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Registering Trademarks Trademark Registration Trademark Law 105

IPilogue

NOVEMBER 18, 2022

(“Mascotte”), owns a portfolio of 160 trademark applications in the US connected to the “Yeezy” brand, Adidas solely owns all design rights to existing products, as well as previous and new colorways under the partnership. A licensing agreement between Mascotte and Adidas exists for the “Yeezy” trademarks.

Business 131

Business Contracts Branding Brands 131

LexBlog IP

JANUARY 31, 2024

We presented a webinar last week entitled How to Win Your Next Trademark Battle: Lessons Learned in 2023 to give brand owners and their lawyers an overview of key takeaways from last year’s trademark cases. misuse of their trademarks when drafting license or distribution agreements with non-U.S.

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Trademark Registration Branding Brands 52

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. I’ve left out the parts specific to registered trademarks and the reference to treaties. Taco Cabana, from 1992.

Trademark 59

Trademark Fair Use Registration False Advertising 59

IPilogue

OCTOBER 21, 2021

The phrase “James Bond 007” (“Bond Mark) is a registered trademark for, among other things, “entertainment services by way of motion picture”. This suggests that all Bond movies are produced under a Trademark license that permits the filmmakers’ use of the Bond Mark in their films. Trademark Licensing and Tarnishment.

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Trademark Licensing Registering Trademarks Intellectual Property 111

IPilogue

JULY 20, 2021

As the brand is strongly interested in maintaining its status symbol, it is diligent in protecting its iconic trademark. The brand successfully enforced their trademarks against Eli Varzari who offered custom-built electric bicycles under the name “Harley Davidson Willie G Edition.”

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Trademark Branding Brands Branding 106

JD Supra Law

SEPTEMBER 7, 2023

The US Court of Appeals for the Eleventh Circuit ruled that under certain circumstances a trademark licensee can bring a claim against a third party for unfair competition under the Lanham Act even if the licensing agreement does not expressly authorize it to do so. sitting by designation). OGD Equipment Company, LLC, Case No.

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Settlement Trademark Licensing Designs 48

IP Tech Blog

MARCH 7, 2024

Failure to comply with these formalities will prevent the secured party(ies) from being able to enforce the chattel mortgage against the owner of the trademark. For the granting of the mortgage, the valuation of the relevant EU trademark(s) is required. If you want further information on this or any related matter, please contact us.

Trademark 57

Trademark Intellectual Property Registration Journalism 57

Technology & Marketing Law Blog

NOVEMBER 11, 2023

The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines, Car-Freshner has turned into a serial plaintiff, though this is my first time blogging them in-depth. I see potential legitimate trademark defenses for the design. This ruling highlights the legal risk.

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Trademark Contracts Blogging Fair Use 94

Plagiarism Today

AUGUST 16, 2022

Next up today, Chis Randall at Elecrive.com reports that Italian Vespa manufacturer Piaggio has lost yet another round in its long-running war with German electric scooter manufacturer Kumpan Electric over the latter’s design. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

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Fair Use Copyright Infringement Plagiarism Intellectual Property 197

Patently-O

OCTOBER 3, 2021

TBL Licensing, LLC v Hirshfeld , Docket No. The TTAB gave little weight to the fact that the agency has issued registration certificates on many different shoe designs. This is apparently the same process used in other recent trademark civil actions. by Dennis Crouch. 1:21-cv-00681 (E.D. Jun 04, 2021). TBL Complaint.

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Trademark Registration Advertising Advertising 132

Intepat

MAY 28, 2024

It includes creations of mind, such as inventions, literary and artistic works, designs, symbols, and names used in commerce. Strategy 1: Synchronization of various department strategies The IP Strategy essentially licenses in and licenses out the IP related to the innovation/ IP Object.

Intellectual Property Management 52

Intellectual Property Management Intellectual Property IP Licensing 52

IP Tech Blog

MARCH 21, 2022

On January 14, 2022, the China National Intellectual Property Administration (CNIPA) issued the Measures for Fast-Track Examination of Trademark Registration Applications (for Trial Implementation), which took effect on the same day. Trademark Applications Subject to the Measures. Use e-filing.

Trademark 109

Trademark Intellectual Property Intellectual Property Management IP 109

IP and Legal Filings

SEPTEMBER 3, 2021

Such strategies are not merely restricted to trademarking names, patenting products or copyrighting creative material. This has introduced a new wave of non-conventional trademarks. Non-conventional trademarks can be classified as a new type of trademark that does not fall under the category of pre-existing, conventional trademarks.

Trademark 52

Trademark Branding Brands Branding 52

LexBlog IP

AUGUST 14, 2023

Introduction In a world inundated with products and services vying for attention, trademarks play a pivotal role in setting apart one offering from another. These symbols are more than just logos; they are trademarks – vital components of intellectual property that bestow unique identity, recognition, and legal protection upon brands.

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Trademark Branding Brands Branding 40

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. Trademark rights can be even more confusing to navigate in the world of NFTs. Copyrighting vs Trademarking NFTs.

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Non-Fungible Tokens Copyright Law Trademark Copyright 49

Patently-O

DECEMBER 18, 2023

22-1843, a trademark applicant is opposing the USPTO requirement that all applicants must disclose their domicile address. Licensed Attorney for Foreign Trademark Applicants and Registrants, Final Rule, 84 Fed. The outcome could have significant implications for privacy and transparency in the trademark registration system.

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Trademark Privacy Registration Licensing 45

43(B)log

AUGUST 18, 2022

9, 2022) Interesting case about trademark preemption. However, Black & Decker did not in fact design, manufacture, distribute, or warrant the coffeemaker. Its maker, Applica, paid royalties to Black & Decker for the right to use the name and trademarks in selling small kitchen appliance. “[A]

Trademark 64

Trademark Licensing Branding Brands 64

Olartemoure Blog

NOVEMBER 29, 2023

Copyright Protection: Protect your original works like photos, videos, and posts, so you can freely distribute and exploit them, but others will need your permission or a license to use it, unless “fair use” applies. Trademark your Brand: Protect your brand name, logo, or design that distinguishes you.

IP 105

IP Content Creation Intellectual Property Fair Use 105

Patent Trademark Blog

DECEMBER 13, 2021

What can cause the USPTO to issue trademark sanctions? Imagine investing the time and expense of filing a US trademark application only to have it terminated by the USPTO. The unauthorized practice of law in filing US trademark applications can lead to such sanctions by the USPTO. What is the unauthorized practice of law?

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Trademark Registering Trademarks Licensing Registration 40

LexBlog IP

MARCH 7, 2024

Failure to comply with these formalities will prevent the secured party(ies) from being able to enforce the chattel mortgage against the owner of the trademark. For the granting of the mortgage, the valuation of the relevant EU trademark(s) is required.

Trademark 52

Trademark Intellectual Property Registration Journalism 52

IPilogue

JANUARY 30, 2023

Famous for its easily-recognizable design of breathable and water-friendly clogs, Crocs was founded in 2002 in the US by three college friends who enjoyed sailing. Crocs Canada is a licensed distributor of the US company, and Double Diamond Distribution Ltd is a direct competitor for clog-style footwear operating under Dawgs and Canada Dawgs.

Intellectual Property 105

Intellectual Property Designs Design Design Patent 105

IP Watchdog

AUGUST 20, 2021

This week in Other Barks & Bites: the Federal Circuit issues decisions reversing the PTAB’s nonobviousness ruling on soup dispenser design patent claims challenged by Campbell Soup and finding that the USPTO cannot recoup expert witness fees from patent applicants filing Section 145 lawsuits; USPTO General Counsel David Berdan to step in for Coke (..)

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Design Patent Designs Design Music 105