IPilogue

SEPTEMBER 17, 2021

Staple, who has a history of working for Nike and is the registered owner of the Staple Pigeon brand (seen on Lotas shoes), was left out of the litigation between Nike and Lotas. This is strange, as he was a co-partner in the Lotas product and his trademark pigeon is part of the trade dress of the allegedly infringing shoe.

Trademark 106

Trademark Branding Brands Branding 106

IPilogue

OCTOBER 28, 2021

In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. In Pyrrha Design Inc. Scary Issues with Licensing and Trademarks.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

Technology & Marketing Law Blog

APRIL 3, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and was one of the signatories of the First Amendment Professors amicus brief filed in Jack Daniel’s Properties, Inc. by guest blogger Lisa P. Ramsey [Lisa P.

Blogging 102

Blogging Trademark Fair Use Trademark Law 102

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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Trademark Designs Design Marketing 52

Kashishipr

MARCH 2, 2022

Therefore, we can say that failing to safeguard your registered trademark adequately would lead you at risk of forfeiting your exclusive rights. You may see your trademark rights getting diluted and possibly canceled through litigation. However, one’s own house deserves equal consideration in this case.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. First, design elements that are “physically or conceptually separate” from the article can be protected. This isn’t to say there’s been no litigation in this area.

Trademark 242

Trademark Copyright Cease and Desist Copying 242

LexBlog IP

SEPTEMBER 1, 2023

Whirlpool argued that Shenzhen’s stand mixers violated Whirlpool’s valid and incontestable trademark registrations for the iconic design of its KITCHENAID mixers (U.S. Trademark Registration Nos. 1,711,158 and 5,510,871), as shown below: Compl.

Trademark 52

Trademark Designs Design Registration 52

LexBlog IP

FEBRUARY 28, 2022

The Spanish government has approved a draft bill to reform the three main industrial property laws: the Trademark Law, the Industrial Design Law and the Patent Law. Trademark Law. Industrial Design Law.

Law 52

Law Designs Design Trademark 52

LexBlog IP

FEBRUARY 29, 2024

Trademark law has something to say about use. Consider the difference between copyright law — which is meant to encourage creativity for the benefit of society–and trademark protection, which is about identifying the source of goods and services and avoiding consumer confusion. 3] CA Copyright Act, s.

Public Domain 52

Public Domain Intellectual Property Copyright Trademark 52

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. How are Trademarks Used?

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. The court explains: They describe steps in the process of fashion design and capture much (if not all) of the creative output that Gutman might produce in her role as a designer.

Social Media 79

Social Media Ownership Designs Design 79

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.

Trademark 84

Trademark Social Media Advertising Advertising 84

IP Tech Blog

MARCH 23, 2022

Even if you do not (yet) want to offer NFTs or other digital assets, it is advisable to take precautions under trademark law now. The post Ready or Not: Your Trademark Portfolio in the Metaverse appeared first on Global IP & Technology Law Blog.

Trademark 57

Trademark Branding Brands Branding 57

LexBlog IP

MARCH 23, 2022

Even if you do not (yet) want to offer NFTs or other digital assets, it is advisable to take precautions under trademark law now. Whilst protection of reputation may spill over to the Metaverse, the requirements to substantiate claims are usually higher and in some countries, the threshold of reputation may not be reached.

Trademark 52

Trademark Branding Brands Branding 52

Technology & Marketing Law Blog

FEBRUARY 27, 2022

TPG aggregates and collects information from the most prominent rewards programs and provides a series of rankings and recommendations designed to help maximize your rewards points. With all that, the first battle in this litigation will be the question of where to litigate it. Trademark infringement 6. Trespass 5.

Cease and Desist 121

Cease and Desist Blogging Contracts Social Media 121

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.

Government 105

Government Trademark Patent Patent Application 105

Fish & Richardson Trademark & Copyright Thoughts

AUGUST 19, 2021

Adkisson , Lawyer of the Year, Litigation – Patent, Minneapolis. Seth Sproul , Lawyer of the Year: Litigation – IP, San Diego. Cynthia Johnson Walden , Lawyer of the Year: Trademark Law, Boston. Ryan Steinman. Nicholas W. Karrie Wheatley Ph.D. Lance Wyatt. 2022 “Best Lawyers in America:”. Esha Bandyopadhyay. Geoffrey D.

Editing 52

Editing Litigation Trademark Law Copyright Law 52

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. Compared to most social media ownership disputes, this case has featured extensive litigation, including an appeal, revised injunction, a contempt motion, and now, a motion to modify the scope of the preliminary injunction. Christou v.

Social Media 98

Social Media Ownership Branding Brands 98

The IP Law Blog

JULY 14, 2022

So, for at least 36 years, Ohio State has been utilizing the word THE with emphasis in a manner that has arguably turned the article into a designation of origin/source for the university. In my mind, the registration could only become problematic if OSU polices its trademark rights in an overly aggressive matter.

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Trademark Registration Intellectual Property Television 97

The TTABlog

AUGUST 30, 2023

If that were the case, having a famous mark would entitle the owner to a right in gross, and that is against the principles of trademark law." TTABlogger comment: Earlier this year, Monster Energy successfully opposed the mark ICE MONSTER & Design for restaurant services. Read comments and post your comment here.

Designs 57

Designs Design Branding Brands 57

IP and Legal Filings

OCTOBER 31, 2022

The objective of the Singapore Treaty is to create a modern and dynamic international framework for the harmonization of administrative trademark registration procedures. The Singapore Treaty is applicable to all types of marks registrable under the law of a given Contracting Party.

Trademark 52

Trademark Contracts Intellectual Property Registering Trademarks 52

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?

Trademark 52

Trademark Intellectual Property Intellectual Property Law Registration 52

LexBlog IP

APRIL 19, 2023

There are two types of patents that Amazon sellers should be familiar with, utility patents and design patents. Utility patents protect functional aspects of a product, and design patents protect the appearance of a product. The purpose of a trademark is to prevent consumer confusion about the source of the corresponding product.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

Intepat

DECEMBER 6, 2022

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. There have been various landmark judgements which have not only highlighted cardinal principles of trademark law but have also given a nuanced understanding of how Courts interpret statutory trademark provisions.

Trademark 98

Trademark Trademark Law Registering Trademarks Law 98

LexBlog IP

JULY 5, 2023

On June 29, 2023, the Supreme Court adopted a restrictive view of the extraterritorial application of the Lanham Act, holding that federal trademark law cannot support a claim for trademark infringement against solely foreign conduct. The case is Abitron Austria GmbH v. Hetronic International, Inc. and abroad.

Trademark 52

Trademark Marketing Marketing Contracts 52

LexBlog IP

FEBRUARY 16, 2022

Hermes based its allegations of trademark infringement and dilution on the artist’s use of MetaBirkin as a trademark to promote his NFTs and at his metabirkin.com website. Second, be on the lookout for competitors and opportunists knocking off your design patents, goods, and services, or causing consumer confusion.

Art 52

Art Non-Fungible Tokens Intellectual Property Ownership 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. Kagan describes it as “designation of source.” But what is TM use? of Ala, LV v. HomeVestors: title of TV show.

Trademark 59

Trademark Fair Use Registration False Advertising 59

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. HSI * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v.

Fair Use 97

Fair Use Cease and Desist Copyright Trademark 97

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. No amount of protection will help you if the choice of name is a poor one or if you rely on brand identifiers that you can’t trademark. Trademarks impact what you should choose to create.

Branding 52

Branding Brands Branding Trademark 52

Likelihood of Confusion

MAY 11, 2023

Supra, the three days of trial transcripts from last year’s desert extravaganza, the Designer Skin v. A little while I ago I uploaded, at J.D. S & L Vitamins trial. The post Hot fun in the summer time appeared first on LIKELIHOOD OF CONFUSION™.

Designs 52

Designs Design Trademark Law Trademark 52

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.

Trademark Law 72

Trademark Law Trademark Art Branding 72

The IP Law Blog

MARCH 2, 2021

In Romag , the Court examined whether a plaintiff in a trademark infringement action is required to show that a defendant willfully infringed the plaintiff’s trademark to obtain a profits award. But even if the Court put aside these issues, its own survey of the case law was less convincing than Fossil would have had the Court believe.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

LexBlog IP

APRIL 10, 2023

Trademarks A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of goods or services. Registering a trademark with the USPTO grants valuable legal rights and protections in your mark(s).

Intellectual Property 52

Intellectual Property Intellectual Property Law Registration Trademark 52

Technology & Marketing Law Blog

MARCH 13, 2022

With respect to the trademark claim, the court says the Ninth Circuit’s Multi-Time Machine v. Amazon case is “directly on point and forecloses Plaintiff’s ability to bring this claim as a matter of law.” ” The false designation of origin claim is similarly governed by the Ninth Circuit’s Lasoff v.

Trademark 79

Trademark Advertising Advertising Settlement 79

Technology & Marketing Law Blog

AUGUST 17, 2021

It bids on the Adler trademarks for “click-to-call” keyword ads. The ads “are designed to display generic terms that consumers might associate with any personal injury firm.” ” Adler sued for trademark and related claims.

Advertising 105

Advertising Advertising Trademark Settlement 105

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.

Trademark 136

Trademark False Advertising Advertising Advertising 136

Technology & Marketing Law Blog

MARCH 10, 2022

If this litigation continues and defendants wish to repeat this argument, they should support their assertion that they own the Facebook page with authority. Washington State’s Proposed Employer Social Media Law: The Legislature Should Take a Cautious Approach — SB 5211. Social Media and Trademark Law” Talk Notes.

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Social Media Contracts Ownership Business 79