LexBlog IP

JULY 26, 2023

Supreme Court recently decided that, when using another’s trademark “as a designation of source for the infringer’s own goods,” one is not entitled to a First Amendment defense even if the use is a parody. as a trademark). .” Ninth Circuit Court of Appeals.

Trademark 52

Trademark Branding Brands Branding 52

Intepat

MAY 28, 2024

Trademark dilution is like death by a thousand cuts, and it is crucial to prevent the first cut. Apple’s smart business strategies have successfully upheld the validity of its trademark, preventing it from being diluted. Notably, Apple trademarked its store design in the United States in 2011.

Trademark 52

Trademark Intellectual Property Branding Brands 52

IP and Legal Filings

MAY 24, 2024

The verdict is testimony to a paradigm shift in Trademark Protection and a watershed judgement in navigating the scuffle between the rights of two sections- the commercial rights of ‘business class’ and freedom of expression vested with the ‘artists and creators’. The nine-person jury made two important observations.

Non-Fungible Tokens 99

Non-Fungible Tokens Art Trademark Branding 99

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.

Trademark 59

Trademark Fair Use Registration False Advertising 59

43(B)log

FEBRUARY 23, 2023

The court granted a motion to dismiss on lack of likely confusion. Users can download “dapps” (or decentralized applications) which allow users to design and develop software using the Internet Computer blockchain. 10, 2022) Dfinity alleged that Meta infringed its Dfinity and Rainbow marks in its rebranding.

Design 59

Design Designs Registration Trademark 59

azrights

OCTOBER 27, 2021

Some will copy blatantly, others are more savvy so will copy what they calculate they can get away with. People’s sense of what is unethical and unfair copying is often out of line with the law’s approach to regulating competition. Essentially this is the role of brand codes – to uniquely identify your brand so there is no confusion.

Branding 52

Branding Brands Branding Copying 52

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. With that basic structure, let’s review them and sort out some of the confusing aspects of each. We’ll get back to these statements later.).

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

43(B)log

AUGUST 19, 2021

It filed an application to register CASPER as a trademark in connection with blockchain technology; the registration issued in November 2020. Zamfir alleged that CasperLabs had agreed to register the marks on his behalf and to transfer the marks to him, but didn’t do so; CasperLabs denied any such agreement.

Registration 72

Registration Social Media Trademark Registering Trademarks 72

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work.

Intellectual Property 52

Intellectual Property IP Invention Design 52

Kashishipr

JULY 13, 2022

Augmented Reality (AR) and Virtual Reality (VR) technologies are growing rapidly and becoming more noticeable and shall be transformative to the way we learn, live, work, and play. Undoubtedly, both technologies bring a complete set of novel Intellectual Property (IP) issues for business companies, brands, individuals, courts, and IP practitioners.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

Intepat

MAY 24, 2023

What is the Madrid System? More and more countries have signed up to this unique international trademark registration system. Through the Madrid System, WIPO offers centralized registration and management of international trademarks. The process of trademark registration internationally under the Madrid System can be read here.

Registration 52

Registration Trademark Intellectual Property Reporting 52

JIPEL Copyright Blog

MARCH 16, 2022

The most recent of them is the metaverse, and similar to what has happened to other parallel realities such as video games and social media, the metaverse is being invaded by fashion brands. The new gems being mined are the non-fungible tokens (NFTs), which are already at the center of several trademark battles.

Trademark 40

Trademark Non-Fungible Tokens Branding Brands 40

LexBlog IP

NOVEMBER 29, 2022

Sections 32(1)(a) and 43(a)(1)(A) of the Lanham Act impose civil liability on any person who “use[s] in commerce” a trademark in a manner that “is likely to cause confusion, or to cause mistake, or to deceive.” ” 15 U.S.C. 1114(1)(a); 15 U.S.C. 1125(a)(1). § 1121(a). Abitron Austria GmbH v.

Trademark 52

Trademark Law Branding Brands 52

SpicyIP

FEBRUARY 13, 2023

Other Posts Honesty as a Defense vis-à-vis Trademark Infringements: Principle or Provision? 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.

Design 52

Design Designs Trademark Cease and Desist 52

Corsearch

AUGUST 30, 2023

We’ve put together a comprehensive glossary of trademark terms for both seasoned practitioners and those that are new to the field. 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. See registration fee.

Trademark 52

Trademark Registration Registering Trademarks Design 52

SpicyIP

JULY 29, 2024

Other Posts Madras HC on Computer Program and 3(k): Following the DHC way Discussing what could be MHC’s first authoritative decision on the patentability of computer programs under Section 3(k), Yogesh Byadwal highlights how the Court’s approach differed from or aligned with the DHC’s precedents on this issue.

Invention 62

Invention Trademark Design Designs 62

Kashishipr

OCTOBER 6, 2021

The same can be possible through trademarking any word, symbol, design, or phrase that the company uses to identify itself in the marketplace. Part of this research includes performing a Trademark Clearance Search. Elements of Trademark Clearance. Types of Trademark Searches. The USPTO, WIPO, EUIPO, etc.,

Business 105

Business Trademark Cease and Desist Registration 105

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. Plaintiffs allegedly used the 12 O’Clock Boyz trademarks since 2001 and registered the marks in 2016. The court, in a careful opinion, rejected all the claims.

Fair Use 52

Fair Use Trademark Copyright Editing 52

Technology & Marketing Law Blog

JUNE 21, 2023

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.] The Trademark Infringement Claim A new gateway requirement for application of the Rogers test. By Guest Blogger Lisa P. Ramsey [Lisa P.

Trademark 96

Trademark Blogging Trademark Law Fair Use 96

43(B)log

NOVEMBER 8, 2023

I’m going to talk briefly about last term’s Jack Daniels case—a trademark infringement and dilution case—as well as Elster, argued last week, in which the Justices appeared inclined to reject a First Amendment challenge to the refusal to register the claimed mark “TRUMP TOO SMALL” for t-shirts. Trademark: In Jack Daniel’s v.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

SpicyIP

SEPTEMBER 9, 2024

DHC Passed Over-broad Order in Louis Vuitton Advertisement Material Copyright Dispute More than what one wished for? Was this a trademark remedy in a copyright claim? This and a lot more in this week’s SpicyIP Weekly Review. This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on?

Trademark 85

Trademark Copyright IP Social Media 85