IP Tech Blog

MARCH 23, 2022

Why you need new trademark registrations now. There is a surging number of new applications submitted to the EUIPO, the UKIPO and the USPTO seeking to register trademarks for use of their brand in virtual reality. We further recommend filing new trademarks in order to provide a basis for additional revenue streams by licensing.

Trademark 57

Trademark Branding Brands Branding 57

Plagiarism Today

OCTOBER 26, 2021

First, design elements that are “physically or conceptually separate” from the article can be protected. Characters are often protected by copyright, even if their fashion is not, but they are also routinely protected by trademark. Trademark infringement, however, isn’t like copyright.

Trademark 241

Trademark Copyright Cease and Desist Copying 241

LexBlog IP

MARCH 23, 2022

Why you need new trademark registrations now. There is a surging number of new applications submitted to the EUIPO, the UKIPO and the USPTO seeking to register trademarks for use of their brand in virtual reality. We further recommend filing new trademarks in order to provide a basis for additional revenue streams by licensing.

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

OCTOBER 31, 2022

Foreign applicants will appreciate the ease in which they may file for trademark rights in Singapore, whether they designate Singapore as a contracting party through a Madrid Protocol application, or whether they file their trademark nationally with a priority claim. A registered trademark is considered valid for 10 years.

Trademark 52

Trademark Contracts Intellectual Property Registering Trademarks 52

SpicyIP

FEBRUARY 7, 2024

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. Hermes Distillery (P) Ltd. Glass Half-Full, Half-Empty?

Copying 64

Copying Trademark Branding Brands 64

The IPKat

FEBRUARY 20, 2024

Among other products, CeramTec markets a pink-coloured hip-replacement implant. The patent, which included France among the designated states, expired on 5 August 2021. CeramTec and Coorstek have also been litigating in the US, Switzerland and Germany. Comment The concept of bad faith is not defined in EU trade mark law.

Art 67

Art Registration Registering Trademarks Intellectual Property 67

Technology & Marketing Law Blog

JUNE 21, 2023

1125(c)(3)(C) by claiming its humorous use of the Jack Daniel’s marks was not pure commercial speech because it poked fun at the company in the Bad Spaniels design. Parody doctrine can apply when a similar mark is used as a designation of source, such as in the Chewy Vuiton case.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Trademark violation raises significant issues. For trademark owners, litigation was their main option.

Trademark 86

Trademark Social Media Advertising Advertising 86

The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

IPilogue

FEBRUARY 8, 2022

For example, the distinctive smell of Crayola Crayons is a registered scent mark, described as “a unique scent of pungent, aldehydic fragrance combined with the faint scent of hydrocarbon wax and an earthy clay”. Unregistered vs Registered Trademarks. To some extent trademarks can be protected without registration.

Trademark 106

Trademark Registration Registering Trademarks Branding 106

Kashishipr

MAY 5, 2021

It is what gets in easy money and therefore, often termed as a ‘patent shark,’ ‘dealer,’ ‘marketer,’ or ‘pirate.’ The maximum number of cases are witnessed in the software industry wherein statistics project that as many as 74 percent of the patents issued are being litigated.

Patent Troll 98

Patent Troll Patent Inventor Intellectual Property 98

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Its cancellation petition for Zenú has been suspended during this litigation. T]he one showed in the application is not mine.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

IP and Legal Filings

FEBRUARY 2, 2024

Gebi Products [10] , The Gala Company used the label mark “LAXMI” to market brooms. Brooms are one of the things that Gebi, another firm, began marketing under the name “MAHA LAXMI.” Examples of such texts include the Bible, the Quran, the Ramayana, the Guru Granth Sahib, and others.

Trademark Law 89

Trademark Law Trademark Law Service Mark 89

Kashishipr

JULY 13, 2022

In the AR field, patent litigation has already commenced for AR hardware and some applications or uses of AR. Since AR capabilities have been limited to gaming devices and mobile devices in recent years, patent litigation in the AR field has been a logical outgrowth of the patent wars consuming the mobile device market.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

SpicyIP

DECEMBER 5, 2022

It seems like there are two issues involved in this litigation- first, regarding use of confidential information and second, concerning passing off. The Plaintiff has no registration over the mark but argued that it enjoys goodwill in the job search market and has invested substantially in promotion and development of its business.

Trademark 105

Trademark Registering Trademarks Registration IP 105

SpicyIP

FEBRUARY 26, 2024

Controller of Patents and Designs made some interesting observations on this issue. The Court granted the ex parte ad interim injunction in favor of the Plaintiff as prima facie , the defendant’s mark, JK Copper+ Water, did infringed the registered trademark of Plaintiff. The MHC in Novozymes v. Legislative Oversight?

Trademark 59

Trademark Copyright Registration Designs 59

azrights

OCTOBER 18, 2021

And maybe rather than buying just a laptop, we bought a MacBook because we wanted that good design and simplicity that Apple offers. On the other hand, generic names or ones that can’t function as a trademark leave your business wide open to theft of its market share by competitors. Think About Trademarks Strategically.

Branding 52

Branding Brands Branding Trademark 52

43(B)log

FEBRUARY 16, 2024

I’ve left out the parts specific to registered trademarks and the reference to treaties. But no special protection should apply when D has used mark as a designation of source for its own goods/services: in the way the Lanham Act most cares about. Kagan describes it as “designation of source.” But what is TM use?

Trademark 59

Trademark Fair Use Registration False Advertising 59

LexBlog IP

DECEMBER 3, 2021

In order to utilize The Registry, the brand owner must have a federally-registered trademark that appears on products or packaging. In order to take advantage of Facebook’s free monitoring service, the brand owner must apply for access to Facebook’s tool and must have a registered trademark. [2] 13, 2021). [2]

Branding 52

Branding Brands Branding Intellectual Property 52

43(B)log

AUGUST 31, 2021

May 20, 2021) (R&R) Proactive alleged that Pine infringed registered trademarks associated with Proactive’s groundwater sampling pumps and their components and engaged in counterfeiting. And if quality control can defeat the fact that everyone knows the product is used, then there will be no more used goods market.]

Licensing 59

Licensing Settlement Trademark Registering Trademarks 59

SpicyIP

JANUARY 9, 2023

Delhi High Court to revisit the issue “ whether rights under registered trademarks can be enforced after giving up the right to file actionable claims qua the same by claiming an exemption from GST ” Directs the Senior Standing Counsel, Dept. vs Assistant Controller Of Patents and Designs on 5 January, 2023 (Delhi High Court).

Trademark 105

Trademark IP Registration Reporting 105

SpicyIP

DECEMBER 12, 2022

Delhi High Court however permitted the Defendant to file these documents holding them essential to indicate Defendant’s assertion that the suit design lacks novelty, which it held to be one of the defences available in a patent infringement action. AWACS data highlights that innovator drugs maintain market hold even after patent expiry.

Copyright Infringement 105

Copyright Infringement Settlement Registration Trademark 105

LexBlog IP

NOVEMBER 29, 2022

registered trademark may recover damages for uses of that trademark that occurred outside the United States and that were not likely to cause consumer confusion in the United States. Abitron Austria GmbH v. Hetronic International, Inc., although a portion of those sales displaced foreign sales for Hetronic.

Trademark 52

Trademark Law Branding Brands 52

43(B)log

NOVEMBER 8, 2023

Trademark: In Jack Daniel’s v. 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.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 143

IP Intellectual Property Copyright Trademark 143

LexBlog IP

JULY 21, 2021

provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. market for religious publishing and products at $6.8 But just a quick look at the USPTO’s Trademark Electronic Search System (or TESS ) databases reveals many live deistic trademarks include as all or part of a U.S.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52