The IP Law Blog

JUNE 23, 2023

Supreme Court will hear the USPTO’s appeal of a Federal Circuit ruling that allows individuals to register trademarks using the name of a living person without their consent. Scott Hervey and Tara Sattler discuss this on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel.

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IP and Legal Filings

JANUARY 31, 2023

The main assets of any fashion firm that are virtual designs, may need to be protected as trade dress under trademark law. For undisputed ownership of virtual designs, Intellectual Property (IP) laws must be thoroughly handled with. Fashion brands must therefore decide, how and when to participate in the metaverse.

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Biswajit Sarkar Copyright Blog

DECEMBER 24, 2022

Santa Claus art works which are often used by brands to promote their Christmas related products can be protected copyright law. Commercial exploitation of Santa Clause depicted in any unique way can be done without attracting IP violations as no particular person or entity owns the character of Santa Claus.

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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. Exclusive Trademark Rights for Trademark Owners in India.

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LexBlog IP

APRIL 19, 2023

A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. The purpose of a trademark is to prevent consumer confusion about the source of the corresponding product. Registering trademarks with the U.S.

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IP Tech Blog

AUGUST 17, 2022

Is the use and function of the words Tsingtao Beer on the bottles’ neck a “trademark use”? Or should this be rather a case of trade dress infringement under the Unfair Competition Law? Trademark or Unfair Competition? 57 of the Chinese Trademark law. And, why is this important?

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IP and Legal Filings

SEPTEMBER 19, 2023

If there are no oppositions, or if the opposition is unsuccessful, the trademark will be registered, and a certificate of registration will be issued. A registered trademark is valid for a period of 10 years, after which it can be renewed for additional 10-year periods.

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IP and Legal Filings

FEBRUARY 20, 2023

Thus, there is an unmistakable similarity between domain names and trademarks, which is why domain names have been granted trademark recognition and protection. Reliance is also a registered trademark, and as such, it is protected from trademark infringement.

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IP and Legal Filings

JUNE 21, 2023

Introduction The Trade Marks Act, 1999 and the regulations made thereunder regulate trademark laws in India. The Act outlines the procedures for registering, safeguarding, and upholding trademarks in India. The owner’s brand reputation and goodwill may be irreparably damaged by any unlawful use of a trademark.

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IP and Legal Filings

MAY 17, 2024

There are no separate legal provisions for these rights and they have been included under the existing Intellectual Property laws. This is prone to gross misuse and there is ambiguity regarding the legality of the same since there is a vacuum in the existing legal framework of IP laws with regards to AI generated content.

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IP and Legal Filings

OCTOBER 26, 2023

A well- known trademark helps the consumers in spotting the difference between similar products by educating them about the product which results in informed choices. The trademark owners enjoy monopoly and exclusive proprietary rights of their trademarks through the law of trademark protection.

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IP and Legal Filings

MARCH 7, 2022

As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement. The trademark legislation of 1999 protects Indian trademarks. In simple terms, trademark infringement occurs when the owner’s exclusive right is breached.

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LexBlog IP

JULY 22, 2022

As those involved in the world of trademark law likely know, the United States Patent and Trademark Office (“USPTO”) publishes an immensely helpful Manual covering the practices and procedures of prosecuting or registering trademarks in front of the USPTO.

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IP and Legal Filings

MARCH 7, 2022

As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement. The trademark legislation of 1999 protects Indian trademarks. In simple terms, trademark infringement occurs when the owner’s exclusive right is breached.

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IP and Legal Filings

OCTOBER 28, 2022

While NFT platforms are not yet specifically regulated, they are subject to the provisions on Electronic System Providers (“ESPs”) contained in several regulations, as follows: • Law No. 11 of 2008, dated April 21, 2008, regarding Electronic Information and Transactions, as amended by Law No 19 of 2016, dated November 25, 2016.•

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Kashishipr

SEPTEMBER 20, 2021

According to NTC, the SSPL label mark was only a registered trademark, and therefore, it couldn’t be used as an artistic work. It further added that an individual could either own a registered trademark or copyright but not both. It also mentioned that their copyright assignment wasn’t valid.

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SpicyIP

AUGUST 22, 2022

We are pleased to bring our readers a guest post by Abhijay Srekanth and Vivek Basanagoudar on interaction of trademarks with free speech. Abhijay Srekanth is an LLM candidate at the Queen Mary University of London specialising in IP, and a recent graduate of Jindal Global Law School. The precedent set in Consim Info Pvt.

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IP and Legal Filings

NOVEMBER 1, 2023

It also refers to a diminishment of the distinctive value of a trademark and occurs when the other party uses a similar or identical mark in a way that harms the original one and ultimately results in losses and erosion of consumer perception. In Indian law, the Trademark Act 1999 introduces the concept of Dilution under section 29(4).

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IP and Legal Filings

OCTOBER 31, 2022

The objective of the Singapore Treaty is to create a modern and dynamic international framework for the harmonization of administrative trademark registration procedures. The Singapore Treaty is applicable to all types of marks registrable under the law of a given Contracting Party.

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IP and Legal Filings

MARCH 5, 2024

Using trademarks in domain names, linking, framing, meta-tagging, and framing are a few methods that could lead to trademark challenges. Cybersquatting is another type of trademark infringement. A fundamental tenet of trademark law is to avoid consumers being confused about the origin or source of products or services.

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LexBlog IP

FEBRUARY 29, 2024

January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. The law gives copyright owners a monopoly to exploit and monetize creative works. For those who thought AI was a problem, cryogenics could really wreak havoc with IP law. But not so fast.

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Corsearch

FEBRUARY 14, 2023

Given the huge commercial opportunity, it is clear to see why there is great demand in trademarks for goods and services linked to the holiday name and others throughout the year. Can you trademark a holiday name? A trademark is not just a means of securing and protecting a brand name, it is also a valuable business asset.

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IP and Legal Filings

JANUARY 27, 2023

[i] [image Sources : Shutterstock] Properly called, a trademark denotes origin or acts as a flag of origin since its primary function is to identify the source or origin of products or services. In other words, trademarks identify a certain corporation as the source of products or services.

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LexBlog IP

OCTOBER 25, 2022

The reason why my childhood featured Kwik Star, while those of my Wisconsin peers featured Kwik Trip, is a product of none other than trademark law. Kwik Trip also planted its registered trademark flag in 1996 and 2019 on the Kwik Star brand name to ensure its protection. Registered trademarks are valuable.

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azrights

OCTOBER 27, 2023

The cancellation of Lacoste’s trademark paved the way for Crocodile to register its own crocodile logo in New Zealand. It doesn’t give you a monopoly if you chop and change your design because then you’re not using the registered trademark. Use it or lose it is a universal concept of trademark law across nations.

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LexBlog IP

AUGUST 17, 2022

Is the use and function of the words Tsingtao Beer on the bottles’ neck a “trademark use”? Or should this be rather a case of trade dress infringement under the Unfair Competition Law? Trademark or Unfair Competition? 57 of the Chinese Trademark law. And, why is this important?

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IPilogue

MARCH 27, 2023

Serena Nath is an IPilogue Writer and a 2L JD candidate at Osgoode Hall Law School. Every year on January 1, works protected under copyright law enter into the public domain due to their copyright protection expiring. Copyright law in the US has evolved many times in part as a result of Disney lobbying for copyright term extension.

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IP Intelligence

JANUARY 1, 2024

As the new year gets underway, we want to flag the newest misleading trademark email scams, as these communications have become more advanced in their targeting. Recently, the fraudulent scammers have become more sophisticated with their solicitations by claiming to be attorneys or law firms with expertise in trademark law.

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IP and Legal Filings

JULY 28, 2022

The history of the federal trademark law is almost as old as the Constitution. On July 8, 1870, the Federal Trademark was enacted as the first US Federal law to protect the trademarks. In its place, a trademark law on March 3, 1881, was enacted that targeted the trademarks used in interstate commerce.

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Kashishipr

JANUARY 12, 2022

Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection. Albanese , where the plaintiff held the trademark for Cloudpen and Cloudpenz, an attempt was made to restrain the defendant from using the same by agreeing.

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IP and Legal Filings

MAY 17, 2022

A trademark application is submitted to the Trademark Office at the Industrial Property Directorate by the applicant if he is a national or resident in the Kingdom of Bahrain. Foreign applicants who are not resident in the Kingdom must apply through IP Registration Agents or law firms authorised by the Industrial Property Directorate.

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IPilogue

MARCH 20, 2023

Anita Gogia is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On November 2, 2022, the Ontario Superior Court of Justice ruled that goodwill does not exist when the registered trademark has not been used. The motion court first hearing the case misapplied the fundamental principles of trademark law.

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SpicyIP

MARCH 25, 2024

Sunanda Bharti on the Michelin Stars and its interaction was trademark laws. Bharti is a Professor of Law at Delhi University, and her previous posts can be accessed here. Image from here Mischief, Manifestation, and the Michelin Trademark! As an IP enthusiast, the author perceives this as a trademark matter.

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Intepat

DECEMBER 21, 2021

Is the Trademark Act applicable to QR Codes? As Trademark Law only protects elements that allow the public to easily identify the goods and services, such as names, logos, slogans, sounds, or colours, QR codes cannot be trademarked on their own. The post Can QR Codes Be Trademarked? appeared first on Intepat IP.

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IPilogue

OCTOBER 19, 2021

Writer, IP Innovation Clinic Fellow,?and Hall Law School. . The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. Photo by Ashley Kirk ( Unsplash ). Meena Alnajar is an IPilogue?Writer,

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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. For more visit: [link].

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Intepat

DECEMBER 6, 2022

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. There have been various landmark judgements which have not only highlighted cardinal principles of trademark law but have also given a nuanced understanding of how Courts interpret statutory trademark provisions.

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