The IP Law Blog

JULY 14, 2022

Ohio State University recently made Intellectual Property headlines by managing to procure a trademark registration for the word THE. That does not preclude other parties from utilizing the word THE along with other words so long as the mark as a whole does not create a likelihood of consumer confusion.

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The IPKat

FEBRUARY 14, 2023

This Kat wondered on what basis the fast food company could sue Saint Laurent , if such a dispute were ever to arise. This case illustrates the reluctance of the General Court to find a likelihood of confusion on the basis of weakly or even non-distinctive elements. Marcel Pemsel summarised each of these important changes.

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LexBlog IP

DECEMBER 21, 2023

15, 2023) , the Federal Circuit vacated a jury verdict of non-infringement in a design-patent infringement action filed by Columbia Sportswear against Seirus Innovative Accessories. Design Patent No. Background Columbia asserted U.S. These products (e.g., On remand, the jury returned a verdict of non-infringement.

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The IPKat

JANUARY 16, 2022

Take shelter in this post and check what was published last week around the IP blogs. Patents The IPWatchdog posted an article about the changing risks – in the economic and legal sense – over time and the implications of these changes for patent licensing dynamics. Jamaica is the 110th Member State to join the Madrid Protocol.

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The IPKat

DECEMBER 5, 2021

While looking for a suitable present for your fellow co-workers or distant relatives, take a moment to check what happened on the other IP blogs last week. December is finally here and now part of our focus (and mostly our fears) have shifted to Secret Santa gifts.

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LexBlog IP

FEBRUARY 16, 2022

The Hermes lawsuit raises all sorts of questions for brand owners, artists, and truthfully almost any business owner as to the intellectual property rights in emerging technology, whether it is the metaverse, NFTs, or other expressive mediums that have not yet been conceived. Grimaldi , 875 F.2d 2d 994 (2d Cir.

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Patently-O

JANUARY 12, 2023

The Patent Eligibility Restoration Act should be modified to prevent the reintroduction of patents on naturally-occurring genomic sequences that are isolated and purified in the lab, a change that will enable international pathogen research to continue while interfering little with private incentives to develop new biomedical technologies.

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IPilogue

JANUARY 14, 2022

Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School. Photo by Engin Akyurt ( Unsplash ). David Vaver. David Vaver.

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The IPKat

FEBRUARY 6, 2022

Take this opportunity not only to renew your energies but also to check what has been going on around the IP blogs. Patents IPFinance published an article on the USPTO's new patent search tool, which features a series of improvements on the previous version. The call for views was also reported by The IPKat and can be read here.

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LexBlog IP

JULY 14, 2022

Ohio State University recently made Intellectual Property headlines by managing to procure a trademark registration for the word THE. The registration procured by Ohio State covers t-shirts, caps, and hats. But is it really that big of a deal? In my humble opinion, it is not. This tradition is longstanding and goes far beyond football.

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The IPKat

MARCH 24, 2024

Here’s what Hans writes: Horological IP and the customization of watches by Hans Eriksson The world of high-end watchmaking is a good case study for the importance of intellectual property (IP) rights. Horology is however a market steeped in history with its own unwritten rules and customs. Journe, Vacheron Constantin or A.

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LexBlog IP

FEBRUARY 16, 2024

Patent and Trademark Office based on it being invalid? For trademark registrations within five years, the grounds for cancellation of a trademark registration include the likelihood of confusion, abandonment, dilution, deceptiveness, and whether the mark is merely descriptive or has become generic or functional. See 15 U.S.C.

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The IPKat

OCTOBER 9, 2023

The Supreme Court found that the shape of the mounting device created a likelihood of confusion. The ring-shaped device is for mounting the original Audi logo. A similar case has been brought before a Polish court, which had doubts whether Audi’s trade mark is infringed. Background Audi owns EU trade mark no. 14(1)(c) EUTMR.

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The IPKat

JANUARY 9, 2022

Back in October, University of Illinois Chicago School of Law’s Center for Intellectual Property (“IP”), Information, and Privacy Law organized and virtually hosted its International IP Practice Seminar. Jorgenson also discussed how COVID-19 affected WIPO and the Patent Cooperation Treaty (PCT) system.

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LexBlog IP

SEPTEMBER 15, 2022

Indeed, the directors of the US Patent and Trademark Office and US Copyright Office are in the process of conducting a joint study to untangle the various interests at play, having promised Sens. Infringement of rights: What is the appropriate infringement analysis where an NFT is associated with an asset covered by third-party IP?

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The IPKat

JANUARY 6, 2022

Darren Meale of Simmons & Simmons presents the tenth volume in his rundown of notable trade mark cases over the past six months. Here we go! 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. Here’s another 10 highlights for your consideration.

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IP and Legal Filings

OCTOBER 30, 2023

Introduction With Margot Robbie lighting up our screens in what is arguably the movie of the year, it is the summer of Barbie again; just like it has been, every summer, since her introduction in 1959. This transformation has elevated Barbie to the status of a widely recognized cultural icon.

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LexBlog IP

JANUARY 27, 2022

As an overview, the United States Patent and Trademark Office (“USPTO”) divides all goods and services into 45 distinct categories (also called “International Classes”). Trademark Classes 1 to 34 deal with goods, whereas Classes 35 to 45 involve services. Services are not within Trademark Class 41.

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IP Whiteboard

OCTOBER 15, 2020

Countries and organisations around the world are paying greater attention to the intersection of artificial intelligence ( AI ) and intellectual property ( IP ). The UK Intellectual Property Office ( UK IPO ) recently put out a call for views on the implications of AI for IP policy and conversely, the impact of IP on AI.

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LexBlog IP

NOVEMBER 2, 2023

In fact, there was a pending federal lawsuit involving the mark and a then-pending cancellation proceeding based on likelihood of confusion grounds. Some of those cases relied upon a 1975 decision by the predecessor to the Board, the Court of Customs and Patent Appeals (CCPA), which the Board also relied upon in these proceedings.

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LexBlog IP

DECEMBER 31, 2023

In 2024, the trademark process timeline to registration can take between twelve to eighteen months at the United States Patent and Trademark Office (“USPTO”). The average time can be found at the USPTO processing time site –as of writing it is 14.7 It takes 12 to 18 months to get a trademark registered in 2024.

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LexBlog IP

NOVEMBER 30, 2023

On November 30, 2023, the United States Patent and Trademark Office (“USPTO”) officially retires their clunky, 90s-era Trademark Electronic Search System (the “Old TESS”). Here is a table breaking down all the operators and what they will show. The New TESS Search website looks a bit different!

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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. 21-1043 (Nov.

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LexBlog IP

APRIL 27, 2022

get the “®” ) before the United States Patent and Trademark Office (“USPTO”). In fact, due to their unique nature, the USPTO is less likely to Office Action for Likelihood of Confusion for a fanciful trademark. Related: What Are Trademarks. Suggestive. Merely Descriptive. Table of contents.

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SpicyIP

FEBRUARY 13, 2023

After another busy week here at SpicyIP, here are the quick summaries of the 5 blogposts that were put up, along with 15 case summaries and other national and international IP developments for you. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them!

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LexBlog IP

OCTOBER 20, 2023

In June 2006, Dan Tana argued against the refusal and also filed a petition to cancel DANTANNA’S registration alleging a likelihood of confusion with Dan Tana’s common law DAN TANA mark for the LA-based restaurant. Chutter, Inc., 2022-1212). In March 2005, the mark was registered ( Registration No. 1:08-CV-975-TWT) in 2008.

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LexBlog IP

APRIL 23, 2022

” The United States Patent and Trademark Office (“USPTO”) categorizes trademarks by “Classes.” In fact, applicants may use the International Class system to see what other marks exist in similar Classes. Here, that begs the question: What are Classes, and how many exist? What Are Trademark Classes?

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LexBlog IP

DECEMBER 30, 2021

The United States Patent and Trademark Office (“USPTO”) uses these Classes to categorize trademarks. In fact, applicants may use the International Class system to see what other marks exist in similar Trademark Classes. Here, that begs the question: What are trademark classes, and how many exist? anti-rust oil.

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Technology & Marketing Law Blog

JULY 17, 2023

Abitron garnered far less attention than did other intellectual property (IP) cases argued this term, including Jack Daniels Products, Inc. Despite a partially harmonized international intellectual property system, IP laws are fundamentally territorial. Hetronic International Inc. , Hetronic International Inc. ,

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LexBlog IP

APRIL 12, 2023

Intellectual property law is all the more a refuge for wordsmiths , linguists , and logophiles , as three recent IP-related matters can help illustrate. trademarks, extraterritorially to Abitron Austria GmbH’s foreign sales, including purely foreign sales that never reached the United States or confused U.S.

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Technology & Marketing Law Blog

SEPTEMBER 23, 2021

The Third Circuit ruled today that Section 230 doesn’t preempt publicity rights claims because they qualify as “intellectual property” claims. This ruling directly conflicts with the Ninth Circuit’s rule, which says that all state IP claims are preempted by Section 230. About the Case. See, e.g., Ripple v.

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Intellectual Property Law Blog

NOVEMBER 8, 2023

s (“Chutter”) predecessor-in-interest, Dan Tana, petitioned the Trademark Trial and Appeal Board to cancel the ’764 Mark based on an alleged likelihood of confusion with Tana’s common law “DAN TANA” mark for restaurant services. Patent and Trademark Office or in the courts.” In Great Concepts, LLC, v. Chutter, Inc. ,

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Corsearch

AUGUST 30, 2023

Glossary A What are absolute grounds? What is acquired distinctiveness? What are additional factors (for pharmaceutical trademarks)? What is application date? What is an application fee? What is application language (EUIPO)? What is an application number? This term is only used in Europe.

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Kashishipr

AUGUST 18, 2021

What is Meant by a Family of Trademarks? Trademarks are distinctive marks, symbols, or labels used to differentiate goods belonging to one entity from that of another to avoid deception concerning the origin of those goods or services. Characteristics of a Family of Trademarks. I H W Management Limited DBA The Finchley Group.

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Garrigues Blog

MAY 25, 2022

This means an intellectual property right, for example, in relation to which any potential infringement has to be examined from the standpoint of the specific legislation involved (i.e. patents, trademarks, designs, original works), and if applicable, it must be assessed whether the unfair competition rules apply secondarily.

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SpicyIP

MAY 20, 2024

Highlights of the Week Announcing the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law Prof (Dr.) The Controller on working examples is surely going to interest patent lawyers. Remanding the matter back to the Patent Office, the Court clarified that a working example does not define the patent’s scope.

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LexBlog IP

NOVEMBER 30, 2022

So, it is with intellectual property matters as well—there are matters, some previously addressed, where recent developments require us to use what we have before it gets too stale. 1002 (2017), a case about cheerleading uniforms for most, but an invitation to me to examine the intellectual feast of issues about food porn.

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