IIPRD

AUGUST 27, 2022

The instant order of the General Court proves wrong the false assumptions that the shape mark is dead under the trademark law based on the doctrine of aesthetic functionality. trademark law which was later borrowed and adopted in a more limited sense in the European trademark law. Jacob Products Co.,

Trademark Law 52

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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. Cybersquatting is another type of trademark infringement.

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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 103

Blogging Trademark Fair Use Trademark Law 103

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 80

Social Media Ownership Designs Design 80

IPilogue

NOVEMBER 22, 2022

Indeed, when searching the United States Patent and Trademark Office (“USPTO”) database, the signature pose has been registered for many industries, including eyewear and accessories, clocks and watches, leathers, bags, clothing, footwear, games, entertainment, restaurants, etc.

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The IPKat

SEPTEMBER 15, 2022

One of the first enacted changes concerned the rules for calculation of the compensation paid to the patent owner in the event that an invention, utility model, or industrial design is being used without the patent owner’s authorization. These rules were introduced in the 2021 amendment to Article 1360 of the Civil Code.

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IP and Legal Filings

AUGUST 29, 2023

Can their names be officially protected under trademark laws?At At first, it might seem a little confusing as Trademarks are like- ‘special signs’ that help us know where products or services come from. showed that the term had acquired distinctiveness through its consistent use in the market for shaving products.

Trademark 83

Trademark Trademark Law Law Advertising 83

Intepat

MAY 29, 2024

Trademark applications can be filed under two primary categories: “Claiming User Date” and “Proposed to be Used.” A crucial document for applications filed under “Claiming User Date” is the trademark user affidavit.

Registration 52

Registration Trademark Advertising Advertising 52

IP and Legal Filings

OCTOBER 4, 2022

However, with the publication on 23 October 2012 of UAE Federal Law No. 4 of 2012 Concerning Regulation of Competition all businesses with operations in the UAE or supplying goods and services to the UAE market will have to ensure that they focus on and comply with the provisions of this new law. image Source : Medium Blog].

Intellectual Property 52

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Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” Gutman’s personality and personal life, these were part of the overall marketing strategy for JLM.

Social Media 98

Social Media Ownership Branding Brands 98

IP and Legal Filings

JUNE 12, 2023

Although word marks are by far the most popular tool employed by organisations in this industry, there are numerous other unused tools that can give a competitive edge in the market. This finding has led to the routine rejection of copyright, patent, design, and trademark protection for a range of food products by courts all around the world.

IP 72

IP Intellectual Property Trademark Designs 72

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.

Registration 52

Registration Registering Trademarks Trademark Cease and Desist 52

Kashishipr

AUGUST 24, 2022

Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India. Relationship between Trademark Law & the Hospitality Industry. Hotels and restaurants must get their brand names and logos registered as trademarks for the ease of operating a business in India.

Trademark 52

Trademark Branding Brands Branding 52

IIPRD

OCTOBER 14, 2022

Even though traditional banks continue to command the financial market by offering standard operations such as payments, deposits, and credit; they need to understand that now, they are not the only players. This new entity is referred to as ‘FinTech’ and was coined in 1972. INTRODUCTION. Image source:Gettyimage].

Intellectual Property 52

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Kashishipr

SEPTEMBER 20, 2021

The label in question was designed by an employee of SK Oil Industries. Since then, it has been continuously used and has even acquired reputation and goodwill in the market. According to NTC, the SSPL label mark was only a registered trademark, and therefore, it couldn’t be used as an artistic work. Concluding Remarks.

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Registration Artistic Work Copyright Registering Trademarks 98

Intepat

DECEMBER 4, 2023

One such feature is the concept of a provisional refusal, which signifies the initial objection or rejection issued by a national trademark office (referred to as the “Office of Origin”) when assessing an international trademark application filed through the Madrid System.

Registration 52

Registration Trademark Intellectual Property Registering Trademarks 52

IP and Legal Filings

JULY 5, 2023

Introduction Trademarks are recognised phrases, words, or symbols that designate a certain item and lawfully distinguish it from all other items of the same type. A trademark is a valuable intellectual property that businesses use to differentiate their brand from their competitors’ in the market.

Trademark 59

Trademark Registration Branding Brands 59

Kashishipr

SEPTEMBER 14, 2022

A barcode scanner refers to a laser device that transfers the data or information encoded in a barcode to a computer. A type of matrix barcode, QR codes refer to the two-dimensional (2D) representations of an array of black and white square blocks organized in unique patterns that store the data or information.

Intellectual Property 52

Intellectual Property Registration Trademark Trademark Law 52

Selvam & Selvam Blog

MARCH 28, 2022

The trademark law firmly establishes that a trademark owner reserves the exclusive right to use the trademark and enforce the same. Through this, the former aims to monopolize the market and kick out any remotely similar business operating under the mark.

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The IP Law Blog

DECEMBER 22, 2022

According to the Complaint, Roma Costumes sells women’s clothing, accessories, and costumes throughout the United States and owns two separate trademark registrations for ROMA and ROMA COSTUMES, as the marks relate to “fitted clothing for women, namely, costumes.” Accordingly, Roma Clothing seeks injunctive relief.

Registration 52

Registration IP Trademark Designs 52

IIPRD

FEBRUARY 6, 2024

A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment. Patents also provide inventors with temporary exclusive rights to their discoveries.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

IIPRD

JUNE 14, 2021

Piracy and Fashion Design. Piracy may be defined as the unauthorized and illegal reproduction or distribution of materials protected by copyright, patent, or trademark law which is capable of eating up the whole industry slowly and steadily. Protection under the Designs Act, 2000. Iqbal Singh Chawla&Ors. ,

Intellectual Property 40

Intellectual Property Artistic Work Designs Design 40

The IPKat

JULY 22, 2021

The title of this book clearly sets out its premise: trademark protection has encroached into what used to be solely copyright’s domain, resulting in an undesirable over-protection of works which impoverishes the public domain and restricts others’ creative endeavours. Figure 1: Get your paws on this new book y'all!

Trademark 57

Trademark Public Domain Copyright Cease and Desist 57

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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Branding Brands Branding Trademark 52

Intepat

MAY 24, 2023

The trademark registration process in India and the trademark registration process under the Madrid system are slightly different. When an applicant files an international trademark application through the Madrid System, it is subsequently examined by each designated country’s national trademark office.

Registration 52

Registration Trademark Intellectual Property Reporting 52

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. Judgment of Indian Courts on Color Marks.

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Trademark Law Trademark Law Branding 105

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.

Branding 52

Branding Brands Branding Trademark 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. of Ala, LV v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

43(B)log

FEBRUARY 17, 2022

Elysium argued that Right of Assembly was “a marketing website for Tru Niagen for which ChromaDex pays commissions to Shelly Albaum for Tru Niagen customers referred through the website.” It was also first to market.) What about statements about how a product was “designed”?

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43(B)log

FEBRUARY 19, 2022

Summary of current treatment: Although courts have often referred to “expressive” or “artistic” works as shorthand for the scope of Rogers, they have applied it to speech that quali?es 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

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.

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LexBlog IP

AUGUST 30, 2023

1) He made this request on grounds including trademark law and unfair competition law. He worked for large companies, active worldwide in the food industry, which specialised in the design and development of recipes and culinary products for industrial use. dishes and seasonings) as works of IP. (1) Emphasis added.)

Intellectual Property 52

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IP and Legal Filings

AUGUST 11, 2023

This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] Komal, Protection of non-traditional Trademarks: Issues and the Road Ahead, 11(2) TUCOMAT 695, 697 (2020). [2] Brandon & Co. [23]

Trademark 76

Trademark Registration Intellectual Property Intellectual Property Law 76

43(B)log

JUNE 24, 2022

Other IP rights: utility patent creates presumption of functionality; wonders about whether presence of non-TM IP protection for ornamental features—design patent, ©--might create a presumption of mere ornamentality w/o further evidence of source signification. Every figurative TM will be protected by ©/design, built into the system.

Trademark Law 75

Trademark Law Law Trademark Registration 75

Copyright Lately

MAY 1, 2023

Within just over a month, a raft of barely-underground Discord servers like AI Hub have popped up to provide users with access to software—and step-by-step instructions—for creating new songs using hundreds of community-made AI models designed to mimic specific artists’ voices.

Music 85

Music Copyright Copying Copyright Law 85

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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Intellectual Property Editing Copyright Law Intellectual Property Law 145

Technology & Marketing Law Blog

JULY 17, 2023

In addition, the opinion has important ramifications for domestic trademark law through its identification of “use in commerce” as the actionable domestic conduct. Having “put aside” Steele , the majority applies its most recent two-step extraterritoriality test (often referred to as the RJR Nabisco, Inc.

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Trademark Blogging Litigation Law 69