azrights

OCTOBER 20, 2023

Apple and MacDonalds are household brands that have lost their EU trademarks in recent years, meaning that third parties may now freely use ‘Think Different’ and Big Mac in the EU. When that happens, the other party who wants to use the marks will be able to apply to have the trademark registrations cancelled.

Branding 52

Branding Brands Branding Marketing 52

azrights

MAY 10, 2022

Trademark disputes often arise for those who are unaware of IP, with a consequent need to rebrand. Not understanding the role of Brand Names in Business led to China Tang having to rebrand even though they had been using the name for 12 years. The purpose determines what your brand values need to be.

Business 98

Business Branding Brands Branding 98

LexBlog IP

MARCH 28, 2023

On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. 1125(c)(3)(C), thus barring as a matter of law a claim of dilution by tarnishment under the Trademark Dilution Revision Act (TDRA). The Ninth Circuit just made a mistake as to this. VIP Products LLC.

Branding 52

Branding Brands Branding Trademark 52

LexBlog IP

MARCH 28, 2023

On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. § 1125(c)(3)(C), thus barring as a matter of law a claim of dilution by tarnishment under the Trademark Dilution Revision Act (TDRA). The Ninth Circuit just made a mistake as to this.

Branding 52

Branding Brands Branding Trademark 52

43(B)log

FEBRUARY 23, 2024

Even if you could navigate around capture, the scope one is harder b/c it’s systemic; you can’t give them deep knowledge on the infringement side. Two other decisionmakers in practice making lots more decisions: The UDRP panels in cybersquatting. Jeremy Sheff 2 years of expungement: what’s been happening? What to make of this?

Registration 59

Registration Branding Brands Branding 59

The IPKat

JANUARY 6, 2022

Retromark Volume X: the last six months in trade marks by Darren Meale Retromark turns ten volumes, making it about four and a half human years old. Litecoin Foundation Limited v (1) Inshallah Limited (2) Nasjet Limited (3) John Pepin [2021] EWHC 1998 (Ch) (July 2021) Litecoin is a cryptocurrency, promoted and developed by the claimant.

Registration 96

Registration Cease and Desist Branding Brands 96

43(B)log

FEBRUARY 23, 2024

Introduction: Rebecca Tushnet What might we derive from things the Court has said about trademark of late? The purpose of trademark is consumer protection; source-identification is the most relevant consideration but not the entirety of TM law. Most have never really been lawyers. Dinwoodie and Janis taken out of context?

Trademark 45

Trademark Law Branding Brands 45