SpicyIP

JANUARY 23, 2023

Highlights of the Week Examining Oppositions: Time for a Deeper Look Recently a monograph on patent oppositions was published by HNLU, Raipur and was presented to the DPIIT with suggestions on streamlining patent opposition process and enabling ease of doing business in India. Please let us know so we can include them!

Designs 105

Designs Design Invention Registration 105

Kashishipr

MARCH 2, 2022

Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Therefore, we can say that failing to safeguard your registered trademark adequately would lead you at risk of forfeiting your exclusive rights.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

Intepat

DECEMBER 4, 2023

If you are a brand looking to establish a presence in India, your first step should be to secure your trademark and its associated rights. Indian trademark law has consistently protected international brands with cross-border popularity. During the hearing, the applicant’s attorney presents arguments for acceptance.

Trademark 52

Trademark Branding Brands Branding 52

SpicyIP

FEBRUARY 21, 2024

Gian Chand Jain was dealing with a similar issue since in the Design Act, 1911, the Act didn’t define which High Court would have jurisdiction. the High Court would have jurisdiction if the effect of the registration is felt within the territorial jurisdiction).This The Court in Girdhari Lal Gupta v.

Trademark 105

Trademark Intellectual Property Designs Design 105

IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The players can collect up to 30 NFTs in the game, 10 of which are designed by the artist Beeple [i].

Law 84

Law Branding Brands Branding 84

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

Corsearch

APRIL 5, 2024

On March 19th, the trademark community came together in the heart of New York City for an exclusive event that promised to be both informative and enriching. Attended by 150 trademark experts, the event proved to be a resounding success, offering a blend of networking opportunities and engaging Continuing Legal Education (CLE) sessions.

Trademark 59

Trademark Confidentiality Branding Brands 59

Technology & Marketing Law Blog

JUNE 21, 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 recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

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] 4] Second, the qualification for registering a trademark, both traditional and non-traditional, essentially remains the same.

Trademark 80

Trademark Registration Intellectual Property Intellectual Property Law 80

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may. What is Trademark Dilution?

Trademark 75

Trademark Registering Trademarks Trademark Law Branding 75

Intepat

MAY 24, 2023

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?

Registration 52

Registration Trademark Intellectual Property Reporting 52

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

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 86

Trademark Social Media Advertising Advertising 86

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

The IPKat

JUNE 12, 2022

Generally speaking, such applications would be refused registration in that they inter alia fail to perform their basic function – namely to indicate commercial origin. What public policy is must be laid down expressly in law. Let’s see more in detail what this case is about and what INTA’s take consists of.

Registration 94

Registration Intellectual Property Law Trademark Law 94

IP and Legal Filings

MARCH 19, 2024

ABSTTRACT The constraints placed on trademark registration, particularly concerning common English words by recent judicial review by Justice C. INTRODUCTION For consumer identification and brand protection a crucial mechanism is important which is served by trade mark law.

Branding 52

Branding Brands Branding Intellectual Property 52

Corsearch

AUGUST 30, 2023

Whether you’re interested in trademark screening, searching, clearance, registration, or watching, refer to this glossary of key terms to help you in your day-to-day role. Absolute grounds for refusal of registration are factors within the individual trademark in isolation which hinder registration.

Trademark 52

Trademark Registration Registering Trademarks Designs 52

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.

Trademark 52

Trademark Designs Design Marketing 52

IP and Legal Filings

JUNE 12, 2023

A trademark typically consists of a word (like Cheerios), a stylised word or letter (like the iconic M logo for McDonald’s), a design (like Nestlé’s birds’ nest), or a phrase (like “Life tastes better with KFC”).

IP 76

IP Intellectual Property Trademark Designs 76

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. Tam and Brunetti, striking down various bars on registration. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

IP and Legal Filings

SEPTEMBER 3, 2021

Store layouts is a type of non-conventional trademark. A store layout is the design of a store’s space and the placement of various items in a particular area. Due to this, several commercial entities have successfully attempted to trademark their store layouts as well. Image Source:gettyimages].

Trademark 52

Trademark Branding Brands Branding 52

IP Tech Blog

AUGUST 17, 2022

57 of the Chinese Trademark law. The article provides as follows: “ Any of the following acts shall be deemed as infringement of exclusive rights to use registered trademarks: . (1) 7) causing harm to other’s exclusive rights to use registered trademarks.”. 57 of the Trademark Law.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

IP and Legal Filings

FEBRUARY 7, 2023

Importance of Registration of Trademarks in the Metaverse Businesses may now reach a larger audience, increase their digital footprint, and increase profits by utilising the Metaverse. By deterring rip offs, trademarks safeguard a company’s identity and the repute of its brand(s), especially in the Metaverse.

Trademark 83

Trademark Non-Fungible Tokens Branding Brands 83

Technology & Marketing Law Blog

DECEMBER 11, 2023

What the second Circuit did say was that, like in the Jack Daniel’s case, the Wavy Baby used plaintiff’s trademarks and trade dress throughout the design of its product. But especially in a case of an alleged parody, that doesn’t answer the trademark use question. Acuff-Rose Music, Inc., Tam , 582 U.S. 218 (2017); Iancu v.

Blogging 112

Blogging Trademark Branding Brands 112

IIPRD

OCTOBER 17, 2022

Many big companies are getting ready to enter the world of Metaverse, for example, Nike for the purpose of selling virtual footwear and apparel in the virtual world of metaverse filed many trademark applications with the U.S These trademark applications consist of Nike’s logo “just do it” and air Jordan designs.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

Garrigues Blog

OCTOBER 26, 2022

The European Union Intellectual Property Office (EUIPO) has issued its guidelines on the classification of goods and services relating to NFTs, establishing the bases to approach the legal challenges resulting from their registration and the scope of protection afforded to owners.

Non-Fungible Tokens 52

Non-Fungible Tokens Trademark Intellectual Property Art 52

SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. The Hermès-Rothschild Dispute.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Velocity of Content

JULY 26, 2022

On the other hand, as a practical matter, trademark owners and a lot of trademark law treat trademarks – mostly, but not entirely – as a kind of intellectual property belonging to the owner. federal government did so (see 15 U.S. Code sections 1051-1072, which include the responsibilities of the U.S.

Trademark 98

Trademark Government Copyright Service Mark 98

LexBlog IP

MARCH 9, 2023

In the lawsuit, Hermès alleged that defendant Mason Rothschild’s MetaBirkins NFTs infringed and diluted Hermès’ trademark rights in the Birkin word mark and design. ” Trademarks are more than words or logos. Ownership of trademark rights is not contingent on a registration. ” ( Id.

Litigation 52

Litigation Artistic Work Branding Brands 52

LexBlog IP

JUNE 21, 2023

§ 1052(c) on registering marks concerning a living person without permission; this case has the possibility of altering trademark law significantly and allowing current events to be treated similarly to historic events from a trademark perspective. But one can expect, now that cert. ” Id. (at at 1165-66).

Registration 52

Registration Trademark Trademark Law Law 52

Erik K Pelton

MARCH 11, 2022

As a trademark law firm, we represent a wide array of clients but predominantly focus on helping small business owners protect their intellectual property. In recent years, trademark scams have proliferated and become increasingly problematic, particularly for small business owners. About Erik M. Pelton & Associates, PLLC.

Government 147

Government Business Trademark Blogging 147

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. Manuscripts, designs and art can all be classified as intellectual property. How are Trademarks Used?

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

43(B)log

FEBRUARY 19, 2022

The Ninth Circuit has adopted Rogers but tinkered with what counts as “explicit” falsehood, holding that some non-explicit content might qualify as explicitly false if there’s nothing else present that allows consumers to identify the true source of an expressive work. The 9th Circuit in Bosley v. Kremer, the 4th in Radiance Foundation v.

Trademark Law 72

Trademark Law Trademark Art Branding 72

SpicyIP

FEBRUARY 13, 2023

Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision. Delhi High Court Imposes Costs worth INR 2 Cr. on Triveni Interchem Pvt.

Designs 52

Designs Design Trademark Cease and Desist 52

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

IP 124

IP Copyright Trademark Intellectual Property 124

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.

Trademark 52

Trademark Marketing Marketing Contracts 52

SpicyIP

APRIL 30, 2023

On the other hand, the defendants disputed the legitimacy of the assignment deed and the registration of the mark and further tried to discredit the applicant of the mark as a proclaimed offender. Delhi High Court dismisses a rectification petition against the registration granted to “Burger King.”

Confidentiality 105

Confidentiality Trademark Copyright Patent 105