IPilogue

OCTOBER 17, 2022

Interestingly, Apple first filed the trademark for Dynamic Island with the Jamaican Intellectual Property Office (“JIPO”) back in July before filing it in the U.S. In this case, Apple filed the trademark application for Dynamic Island on July 12, 2022, in Jamaica, a member of the Paris Convention which recognizes the right of priority.

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azrights

NOVEMBER 17, 2021

As trademarks give their owners a monopoly right to identify their products or services an important caveat about them is that they must be distinctive. For example, Pizza Express is trademarked. Hence Pizza Hut is also a registered trademark. That means the name would be incapable of functioning as a trademark.

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Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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IP Watchdog

DECEMBER 26, 2023

This year has seen a bonanza of significant trademark decisions, including several high- profile decisions from the Supreme Court. trademark law, yet in most cases returned to basic principles of trademark law to resolve the open issues.

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IP Watchdog

MARCH 20, 2023

This week in Washington IP news, the Senate Committee on Health, Education, Labor, and Pensions will question the CEO of Moderna about the company’s potential price hike of the COVID vaccine. In the House, the Committee on Foreign Affairs will hear from Secretary of State Antony Blinken on competition with China.

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JD Supra Law

FEBRUARY 15, 2022

KEY TAKEAWAYS AND OUTLOOK FOR 2022 - While Gen Z taught us all on TikTok how not to be “cheugy,” or out of touch with pop culture, similarly, trademark law in 2021 ushered in new and changed regulations, provided further guidance on traditional legal concepts and gave us a peek into how brands may help shape the future in the “metaverse”—and beyond.

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JD Supra Law

JANUARY 9, 2024

Speakers: Kwan T Loh, Olivier Jean-Lévesque, Nora Labbancz, Reagan Seidler In this webinar, Smart & Biggar's Trademarks team will provide a roundup of Canadian IP law by highlighting some of the most important new laws, cases, and practice directions from 2023 that brand owners should be aware of when doing business in Canada.

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LexBlog IP

APRIL 17, 2023

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. The draft Article 18 Trademark Law correctly removes the distinction between registered and unregistered well-known marks. For example, the actual art.

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IP Law 360

NOVEMBER 2, 2023

Convenience store giant 7-Eleven this week sued a Chicago-based law practice called Seven Eleven Law Group for trademark infringement, alleging that the firm, which specializes in trademark matters itself, is ripping off its name and its green and white color scheme, as well as unfairly profiting off its brand.

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IP Law 360

JULY 14, 2023

An independent union is using a logo that infringes Trader Joe's trademark, the grocery chain alleged in California federal court, arguing that customers may become confused with the similarities and that the company has incurred monetary damages.

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JD Supra Law

MARCH 15, 2024

Kilpatrick’s Dan Englander and James Trigg recently presented to clients and colleagues on the topic of “Using Generative AI in an IP-Driven Business: Practical Tips and Legal Risks” at the firm’s annual 2024 Advanced Trademark Law Seminar in New York City.

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IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Trademark violation raises significant issues. Cybersquatting is another type of trademark infringement.

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SpicyIP

JANUARY 2, 2024

Discussing the historical foundation of the absolute ground of refusing scandalous marks and its implementation by the Indian Trademark Registry, we are pleased to bring to you this guest post by Prof. image from here Scandal and Obscene Trademarks: Determining Immoral Trademarks in Indian Law By Prof.

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Likelihood of Confusion

SEPTEMBER 22, 2021

The post Trademarks: The IP that isn’t IP appeared first on LIKELIHOOD OF CONFUSION™. I have asked, begged, cajoled and — well, no I haven’t threatened Ed Timberlake; who could do that? — but in any event, he won’t write a guest post on.

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IP and Legal Filings

SEPTEMBER 16, 2021

The inculcation of such features into products and services has snowballed into the rise of a separate class of trademarks known as ‘non-conventional trademarks’. Global and Indian laws concerning smell trademarks. Smell marks and Indian trademark laws. [Image Source: gettyimages].

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IP Tech Blog

FEBRUARY 27, 2023

Is this the time we can really see a change in the fight against Chinese trademark squatters, or are we just adding burdens to legitimate right holders? The China National Intellectual Property Association (CNIPA) has recently published a draft amendment to the Chinese Trademark Law.

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SpicyIP

FEBRUARY 22, 2023

Have you ever wondered who protects the IP rights of IP lawyers? What happens when an IP firm is sued for infringing IP rights of other law firms? But what happens when these protectors of IP seek the protection of their IPs? SG, and the high probity from the lawyers practising IP!

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IP and Legal Filings

OCTOBER 28, 2023

Introduction The Trademarks Act of 1999 introduced trademark dilution. The use of trademarks helps a company set itself apart from its rivals’ products and services. A feature of trademark law known as trademark dilution gives the brand owner exclusive rights to the mark, providing them a strong and recognisable trademark.

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IP and Legal Filings

AUGUST 29, 2023

Can their names be officially protected under trademark laws?At At first, it might seem a little confusing as Trademarks are like- ‘special signs’ that help us know where products or services come from. Trademarks must have a distinguishing capacity and must be ‘distinctive’ in itself. Jitender V. Jain and Anr.,

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JD Supra Law

JANUARY 27, 2022

2021 offered many lessons to Canadian trademark owners including: reminders of the challenges of enforcing inherently weak trademarks and the importance and benefits of registering IP rights at the Canadian border. By: Smart & Biggar

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IP Watchdog

JUNE 13, 2023

Today, the International Trademark Association (INTA) published an amicus brief filed with the Court of Justice of the European Union (CJEU) in a case that should have major implications for the effects of Brexit on EU trademark law.

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IP Intelligence

SEPTEMBER 29, 2022

trademark law. trademark owner can recover damages for infringing sales outside the U.S. trademark owner otherwise would have made. trademark law “provide[s] a remedy for a foreign defendant’s use of a plaintiff’s U.S. trademark abroad only if that use is likely to cause confusion in the United States.”

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IP and Legal Filings

OCTOBER 26, 2023

Introduction Trademarks are an important division of Intellectual Property Rights (IPR) as it considerably contributes in identification and promotion of a product. 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.

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Technology & Marketing Law Blog

FEBRUARY 16, 2022

Edible Arrangements objected to Google selling its trademark to trigger keyword ads. They filed a trademark lawsuit in 2018 but abandoned the suit when it got sent to arbitration. However, Edible invoked theft law and disavowed consumer confusion. However, they didn’t give up! Civil Theft of Personal Property .

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Erik K Pelton

DECEMBER 20, 2022

The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. IP Cases Abound at the Supreme Court. Last March, Ms.

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LexBlog IP

SEPTEMBER 29, 2022

trademark law. trademark owner can recover damages for infringing sales outside the U.S. trademark owner otherwise would have made. trademark law “provide[s] a remedy for a foreign defendant’s use of a plaintiff’s U.S. trademark law, allowing U.S. trademark law, allowing U.S.

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Trademark Law Trademark Law Patent Law 52

LexBlog IP

FEBRUARY 16, 2023

On January 13, the China National Intellectual Property Administration (CNIPA) circulated a draft amendment to the PRC Trademark Law for public comment (“TML Draft Amendment”). It includes the addition of 23 new articles, as well as organizational or substantive revisions to 51 articles of the current Trademark Law.

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IP and Legal Filings

SEPTEMBER 19, 2023

The process for registering a trademark in India begins with the filing of an application with the Intellectual Property India (IPI), the national trademark office. The application must include the details of the applicant, the class of goods or services for which the trademark will be used, and a representation of the trademark.

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Fish & Richardson Trademark & Copyright Thoughts

APRIL 6, 2022

Fish & Richardson’s Trademark and Copyright Group recently received high rankings from two publications seeking to recognize the world’s top trademark firms and professionals. World Trademark Review. Managing IP. Fish was ranked as a top firm nationwide in the Trademark Contentious category.

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Patent Trademark Blog

NOVEMBER 8, 2023

Can you speed up a China trademark application? Starting in 2022, you can now seek a faster registration of your trademark in China. The Chinese trademark office, known as the China National Intellectual Property Administration (CNIPA) , will now accept requests for expedited trademark examination.

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Intepat

JANUARY 10, 2024

A trademark serves as a safeguard for a novel meaning assigned to an existing word or the creation of a new word linked to a product or service. However, a significant challenge in the realm of trademarks arises from the potential likeness between different trademarks. In the recent case of Bennet, Coleman And Company Ltd V.

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IP and Legal Filings

JANUARY 11, 2024

INTRODUCTION Trademarks are vital part of modern day commerce because they act as distinctive and unique symbols that enable consumers to recognise and distinguish goods and services offered by different providers. Image Sources: Shutterstock] The primary legislative basis for smell trademark regulation in the US is the Lanham Act.

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The IPKat

SEPTEMBER 15, 2022

Kat friend Iana Kazeeva provides an enlightening discussion on steps taken by the Russian government and courts with respect to IP following the invasion of Ukraine. The common denominator is the use of changes to the IP law as a political instrument towards states taking “unfriendly” actions against Russia.

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IPilogue

MARCH 23, 2022

The IP Innovation Clinic, the first student-based clinic of its kind in Canada, is seeking law students from Osgoode Hall Law School to provide assistance to under-resourced inventors, entrepreneurs and start-up companies with their innovation and commercialization activities. IP Innovation Clinic Fellows (10 positions).

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IP Law 360

APRIL 6, 2022

New York federal judges who are overseeing Nike's suit against resale marketplace StockX and Hermes' case against a Los Angeles designer are on track to be the first to decide whether nonfungible tokens can infringe trademarks for physical goods.

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Patent Trademark Blog

DECEMBER 7, 2022

What is the new deadline to respond to trademark Office Actions? When you’ve practiced trademark law long enough, you take certain things for granted. And, until recently, trademark Office Action deadlines were not extendable. When is the trademark extension request due? Things change.

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IP Watchdog

JULY 1, 2023

On June 8, the United States Supreme Court handed down a surprisingly decisive ruling on trademark law and its relationship with First Amendment rights. The Court found that free speech rights did not protect a manufacturer of dog toys, which mimicked a bottle of Jack Daniels, against an action for trademark infringement.

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