Patent Trademark Blog

AUGUST 23, 2023

Attorney Fee Guarantee SM Until now, no attorneys or law firms to our knowledge have ever offered a money-back guarantee on trademark filing services. Our firm, Innovation Capital Law Group, offers unprecedented patent and trademark legal services under the Attorney Fee Guarantee SM brand.

Branding 40

Branding Brands Branding Trademark 40

LexBlog IP

APRIL 12, 2023

“Yes, the law is about words.,” And Ken White noted more recently that “the entire project of the law is about words meaning specific things.” Indeed, understanding and enforcing the rule of law is itself commonly about defining an undefined concept. One is the case of Abitron Austria GMBH v.

Law 52

Law IP Intellectual Property Copyright 52

The IPKat

APRIL 22, 2024

If you were too busy enjoying the spring sunshine to follow the IP news last week , here's the summary of what you missed. Patents A Kat enjoying her time in the sun. The case highlights what will count as "relevant" circumstances (e.g. The case highlights what will count as "relevant" circumstances (e.g.

Copyright 57

Copyright Registration Reporting IP 57

Patently-O

JUNE 8, 2023

” Rather in this use-as-a-mark situation, standard principles of trademark law apply. ” Rather in this use-as-a-mark situation, standard principles of trademark law apply. What this mean is that VIP does not have an extra special First Amendment excuse. See Rogers v. 1125(c)(3)(A).

Trademark Law 68

Trademark Law Trademark Law Fair Use 68

43(B)log

FEBRUARY 19, 2022

Sari Mazzurco, The Law of Social Roles for the Platform Internet Law’s expressive function: how law tells people what social roles various institutions are supposed to carry out. Social roles are fundamental: shorthand that help us understand what behavior is appropriate or inappropriate based on relationship context.

Law 119

Law Branding Brands Branding 119

Patent Trademark Blog

JUNE 8, 2023

Do you need to find a new patent lawyer? What are the signs that you need a new patent lawyer? If the time is right to make a change, how do you go about finding the right patent attorney ? Need a new patent attorney? What are some excuses that do not justify changing your patent lawyer?

Patent 52

Patent Patent Application Cease and Desist Trademark 52

Patently-O

APRIL 20, 2024

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. Columbia’s design patent claims an “ornamental design of a heat reflective material” as shown in the figures. Patent D657,093. Columbia Sportswear N. 23-1052 (U.S. Swisa, Inc. ,

Design Patent 68

Design Patent Art Designs Design 68

The IPKat

JANUARY 27, 2024

If you're still recovering from a big week and haven't had the energy to catch up on the IP news, here's the summary of everything you missed: Patents This Kat is still recovering too. The BoA confirmed that the shape lacked inherent distinctiveness, as it did not deviate significantly from what is customary in the tent sector.

Derivative Work 62

Derivative Work Intellectual Property Editing Copyright 62

Garrigues Blog

MAY 25, 2022

concerning interpretation of unfair competition laws. of Unfair Competition Law 3/1911 (UCL) freely allows the imitation of third parties’ business offerings as a general principle. patents, trademarks, designs, original works), and if applicable, it must be assessed whether the unfair competition rules apply secondarily.

Law 52

Law Marketing Marketing Business 52

Patently-O

MARCH 17, 2024

Judge shopping has been a particularly long-standing problem in patent cases and corporate bankruptcy cases. Patent cases appear to be excluded from the policy; they do seek to force or prohibit any federal action. But we see at least three major flaws in the Judicial Conference’s action.

Government 84

Government Patent Law Litigation 84

IPilogue

AUGUST 10, 2022

Ariel Goldberg is an incoming 1L JD candidate at Osgoode Hall Law School. Patent and Trademark Office (“USPTO”) granted The Ohio State University trademark protection for the most common English word : “THE”. To avoid confusion, Ohio State University rebranded itself as The Ohio State University. On June 21, 2022, the U.S.

Trademark 112

Trademark Registration Marketing Marketing 112

Patently-O

DECEMBER 7, 2023

by Dennis Crouch In patent law, product copying can serve as indirect evidence of non-obviousness. A pending petition before the Supreme Court asks a similar question in the trademark realm – to what extent does copying of a product serve as evidence of secondary meaning of the product associated trade dress.

Copying 58

Copying Designs Design Branding 58

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’m going to start by going back to some earlier cases, Two Pesos v. Taco Cabana, from 1992. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

The IPKat

SEPTEMBER 18, 2021

This Kat is waiting watchfully What weekend could fail to be brightened by a jaunt around the IP blogs? Over on Comparative Patent Remedies, Tom Cotter reported on a precedential decision of the US Federal Circuit which reaffirmed that Section 287 (the patent marking statute) requires actual notice of infringement for damages to apply.

Blogging 62

Blogging IP Reporting Publishing 62

Corsearch

AUGUST 30, 2023

Glossary A What are absolute grounds? What is acquired distinctiveness? Even if a mark is originally descriptive and thus unregisterable, it is possible to change this through use of the mark in the marketplace, initially as a common-law trademark. What are additional factors (for pharmaceutical trademarks)?

Trademark 52

Trademark Registration Registering Trademarks Designs 52

Patently-O

DECEMBER 12, 2023

In its brief, the Federal Circuit argues that the Federal Circuit’s incomplete list could be used in the future to limit the bases for cancellation to only those listed. “The USPTO is concerned that the opinion text quoted above will result in confusion in later cases about what grounds are available to cancel a registration.”

Trademark 45

Trademark Registration Law Patent 45

The IPKat

OCTOBER 25, 2022

EVENTS 27 October 2022 | 4iP Council: webinar " IP Waiver in pandemic times " (online) This webinar provides an overview of the challenges during the pandemic and the impact of the TRIPS waiver on innovation, global public health, global collaboration, the patent system, etc. Registrations are available here. Registrations are available here.

Intellectual Property 67

Intellectual Property Registration IP Technology 67

The IPKat

JANUARY 16, 2022

Take shelter in this post and check what was published last week around the IP blogs. A Kat being extra careful while Mercury is retrograde Copyright SpicyIP analysed a recent decision from the Bombay High Court, in which it was decided that ideas cannot be copyrighted but can be protected through the application of confidentiality law.

Blogging 82

Blogging IP Publishing Intellectual Property 82

Patent Trademark Blog

JULY 27, 2021

Yes, trademark examiners at the USPTO are licensed attorneys at law. Unlike a patent examiner who most likely did not go to law school, your trademark application will be reviewed by an examining attorney who will likely be well versed in legal arguments and case law. What might help to withdraw a trademark refusal?

Trademark 66

Trademark Registration Licensing Copying 66

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.

Intellectual Property 67

Intellectual Property Registration Reporting IP 67

Patently-O

MAY 9, 2024

As the dissent by Justice Gorsuch notes, this is a big caveat for the case, and there is some likelihood that in a separate case the court will entirely eliminate the discovery accrual rule. Nealy , No. 22-1078, 601 U.S. 2024) , resolving a circuit split over the availability of back-damages in copyright infringement cases. Petrella v.

Copyright 89

Copyright Music Due Diligence Copyright Infringement 89

IP Intelligence

JUNE 15, 2023

When artistic expression is at issue, however, the general likelihood-of-confusion test fails to account for the full weight of the public’s interest in free expression. Grimaldi , 875 F.2d 2d 994 (2d Cir. Where applicable, the Rogers test is a powerful defense against claims of trademark infringement and dilution.

Trademark 52

Trademark Fair Use Designs Design 52

43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? For example, embedded within analysis of likely confusion factors? In what ways is the ornamental nature of a defendant’s use relevant to defences based on artistic or expressive use (or some other defence)? In the fair use calculus?

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

LexBlog IP

FEBRUARY 16, 2024

Patent and Trademark Office based on it being invalid? trademark law, a petition for cancellation may be filed at any time to challenge the trademark registration as being invalid. trademark law, a petition for cancellation may be filed at any time to challenge the trademark registration as being invalid. The answer is YES!

Registration 52

Registration Trademark Ownership Trademark Law 52

The IP Law Blog

JULY 14, 2022

At least, that is what Ohio State University attested to in a declaration to the USPTO in response to an office action where the USPTO’s examining attorney had refused to register the mark because the examiner believed it was ornamental in nature, meaning that the use was decorative, not a designation of source.

Trademark 97

Trademark Registration Intellectual Property Television 97

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.

Business 90

Business Patent Technology Marketing 90

Technology & Marketing Law Blog

JULY 17, 2023

By Guest Bloggers Margaret Chon and Christine Haight Farley [Margaret Chon is a Professor of Law at Seattle University School of Law, and Christine Haight Farley is a Professor of Law at American University Washington College of Law.] In one of the last opinions announced this term, Abitron Austria GmbH v.

Trademark 70

Trademark Blogging Litigation Law 70

SpicyIP

AUGUST 7, 2023

Praharsh discussed an interesting development in Karnataka where a Court granted an interim injunction to a law student against 2 law assistant professors, on copyright infringement claims. SpicyIP Tidbit: Law Student Claiming Copyright Infringement Gets an Interim Injunction Against 2 Law Asst. Drop us a comment below!

Copyright Infringement 98

Copyright Infringement Trademark Law Copyright 98

The TTABlog

DECEMBER 31, 2021

Guess What? Section 2(d) - Likelihood of Confusion: TTABlog Test: Are Hockey Sticks Related to Sports Gloves Under Section 2(d)? Section 2(d) - Likelihood of Confusion: TTABlog Test: Are Hockey Sticks Related to Sports Gloves Under Section 2(d)? TTABlog Test: Is "ICY (Stylized)" Confusable With "ICEE" for Clothing?

Cinema 67

Cinema Registration Trademark Reporting 67

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

Section 230(e)(2) says “Nothing in this section shall be construed to limit or expand any law pertaining to intellectual property,” so IP lawsuits over third-party content are not preempted by Section 230. This creates the foundation for a possible Supreme Court review of this issue. About the Case. Legal Background.

Intellectual Property 134

Intellectual Property Trademark Marketing Marketing 134

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.

Reporting 57

Reporting Law IP Patent 57

The IPKat

MARCH 24, 2024

The IPKat has received and is pleased to publish a guest contribution by Katfriend Hans Eriksson (Westerberg & Partners) that discusses the rights conferred by trade mark law in the context of horology. Brands like Rolex, Patek Philippe and Audemars Piguet hold rich trade mark and design portfolios and enforce their rights vigorously.

IP 70

IP Marketing Marketing Reporting 70

Patently-O

JANUARY 26, 2024

The USPTO particularly focused on confusion among applicants that the doctrine imposes a categorical bar against registering marks with informational content. The USPTO subsequently requested that the court re-issue the opinion as precedential, citing Fed. The opinion here is more nuanced.

Registration 63

Registration Trademark Service Mark Trademark Law 63

SpicyIP

JANUARY 30, 2023

January’s end is just around the corner and what an eventful start it has been to the year! Case Summaries Delhi High Court clarifies that an order rejecting an application u/s 11(1)(b) of the Act must necessarily contain a finding on likelihood of confusion. Rooh Afza v. Case: Lite Bite Travel Foods Private Ltd.

Trademark 105

Trademark IP Advertising Advertising 105

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.

Art 130

Art Trademark Designs Design 130

SpicyIP

FEBRUARY 5, 2023

Responding in the positive, the Delhi High Court adopted a liberal interpretation of the term under Rule 45 and afforded the Opponent the benefit of confusion arising out of the badly worded provision. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them!

Music 119

Music Copyright Trademark IP 119

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. The IPWatchdog published an article discussing controversial aspects of state compulsory ebook and audiobook licensing from a legal and policy perspective, bearing in mind the supremacy of the US Copyright Act over state laws.

Blogging 78

Blogging IP Designs Design 78