Corsearch

JULY 7, 2023

Corsearch has identified a growing global trend in brands attempting to register true-to-life images of common goods as trademarks. The trademark is for a realistic, true-to-life depiction [1] of the fruit that is sold widely in supermarkets and green grocers. But are applications successful?

Trademark 52

Trademark Branding Brands Branding 52

The IPKat

JANUARY 20, 2024

PermaKat Eleonora Rosati will address how IP rights protect fictional characters through several case law examples, aiming to “answer whether, in the end, the only fictional thing is the notion of public domain”. Registration is open for the 2024 INTA Annual Meeting. Lecturer in IP Law at Stockholm University.

Intellectual Property 70

Intellectual Property Public Domain IP Registration 70

43(B)log

JUNE 24, 2022

Relationship to use as a trademark; symmetry b/t types of use that might allow acquisition of rights v. It’s always been clear to McKenna that TM use is everywhere in TM law, but almost always implicit or found in its absence. U’s registration for THE for clothing and other merchandise by putting THE on a hangtag.

Trademark Law 75

Trademark Law Law Trademark Registration 75

Trademark and Copyright Law Blog

FEBRUARY 1, 2021

While Brexit created many questions and dilemmas that took years to sort out, for trademark attorneys the primary question was always: “What will become of UK protection for EU trademark registrations?” Filing a standard electronic application now costs $350 per class, rather than $275.

Public Domain 52

Public Domain Trademark Copyright Registration 52

IP and Legal Filings

NOVEMBER 27, 2022

Trademark refers to the cumulation of distinctive sign/symbol, design, or combination which is exclusively associated with the products or services helping the targeted customers identify the same easily. Distinctiveness – under the Trademark Act, the term ‘mark’ includes ‘combination of colours’ making it intrinsically obscure.

Trademark 52

Trademark Branding Brands Branding 52

The IPKat

OCTOBER 12, 2022

A major contribution of economics to our understanding of trademarks is "search costs", generally here. This idea is that trademarks are an efficient tool for consumers because a consumer can rely on the mark, rather than having to search for sufficient information about the source of the product each time he wishes to make a purchase.

Law 126

Law Trademark Public Domain Licensing 126

LexBlog IP

AUGUST 22, 2022

2022 The Pennsylvania State University (“Penn State”) sued Vintage Brand, LLC (“Vintage”), an online retailer of screen-printed goods featuring logos and images, for violations of federal and state trademark and unfair competition laws. used by a person. to identify and distinguish his or her goods.”

Licensing 52

Licensing Trademark Public Domain Registration 52

Intepat

APRIL 18, 2022

Copyrighting your work legally showcases that the work is protected and the applicant is the lawful owner. It provides credit for your work and builds your reputation in public. Whereas, the copyright registration certificate will be valid proof against the infringer. However, you can opt for trademark registration.

Copyright 98

Copyright Public Domain Registration Ownership 98

IP and Legal Filings

NOVEMBER 11, 2021

Generic Trademarks: An Introduction. A trademark refers to a name, mark, or sign through which the products belonging to a company or a person can be distinguished from other products in the market. Primarily, trademarks perform four functions. Firstly, trademarks help distinguish one product from another in the market.

Trademark 81

Trademark Cease and Desist Branding Brands 81

IP and Legal Filings

OCTOBER 4, 2022

billion fine issued by the European Commission and considering the lack of a consolidated competition law in the UAE, businesses here may have been excused for being tempted to focus only on their competitive activities related to operations in Europe. However, with the publication on 23 October 2012 of UAE Federal Law No.

Intellectual Property 52

Intellectual Property Law Business Designs 52

Dear Rich IP Blog

SEPTEMBER 16, 2020

Dear Rich: A company in Florida filed a trademark on "Louise Brooks" and has used that to remove all Louise Brooks items off of Etsy in order for its company to sell its own Louise Brooks products. The story behind the trademark. A company from Coral Gables, Florida applied for the Louise Brooks trademark in 2018.

Public Domain 52

Public Domain Graphic Design Art Trademark 52

43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? Is the invocation of ornamentality in the infringement context simply a re-assertion of the supposed trademark use doctrine? But there is an assumption that registration = minimal distinctiveness unless validity is questioned.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

LexBlog IP

NOVEMBER 1, 2023

The end of the calendar year is also, for legal purposes, the end of the corporate and accounting year, under Colombian Law. Verify expiration of trademark registrations during the upcoming year, new registrations, and update of information. Official fees for trademark proceedings are increased as of January 1, each year.

IP 52

IP Registration Reporting Trademark 52

The TTABlog

MARCH 2, 2022

In round two of what one person (me) dubbed the "Tinker Bell Fairy Fracas," the CAFC affirmed the Board's decision [ TTABlogged here ] sustaining a Section 2(d) opposition to registration of TEEN TINKER BELL and TEEN TINK & Design for dolls. United Trademark Holdings, Inc. Disney Enterprises, Inc. 2022 USPQ2d XXX (Fed.

Public Domain 72

Public Domain Designs Design Registration 72

LexBlog IP

MAY 16, 2023

An opposition that has been making its way through the Trademark Trial and Appeal Board (“TTAB”) for several years appears to have finally reached its not-so-fairytale ending. United Trademark Holdings Inc. ” [2] (emphasis added). Static Control Components, Inc. , 1] Rebecca Curtin v. 91241083 (TTAB Dec. 28, 2018). [2]

Public Domain 52

Public Domain Intellectual Property Trademark Registration 52

SpicyIP

JANUARY 8, 2024

student at National Law University, Delhi. Wrapping up the first week of 2024, here is a brief recap of our hard-hitting post on TKDL, the detailed comments on the draft Calcutta High Court IPR Division Rules, and an informative take on scandalous and obscene trademark prosecution in India. Vedika is a third-year B.A.LL.B.

Trademark 59

Trademark Registering Trademarks Public Domain Registration 59

Intepat

APRIL 18, 2022

Copyrighting your work legally showcases that the work is protected and the applicant is the lawful owner. It provides credit for your work and builds your reputation in public. The copyright registration certificate will be valid proof against the infringer, and the creator can use it as prima facie evidence and claim damages.

Copyright 52

Copyright Public Domain Registration Ownership 52

43(B)log

NOVEMBER 3, 2023

Moderated by Peter Karol, UNH Franklin Pierce School of Law RT: Organized my remarks in response to the oral arguments in Elster, hopefully not too repetitive. Justices asked Multiple questions about copyright law: even experienced lawyers may conflate copyright and trademark. Or abortion.

Registration 64

Registration Trademark Business Law 64

The IPKat

OCTOBER 4, 2021

Coffee capsules have turned out to be a revolution for how coffee is served in millions of homes … and also for case law on 3D trade marks. In 2000, Nestlé filed an application with the Swiss Trademark Office for registration of a 3D trade mark in class 30 for coffee, coffee extracts and coffee preparations.

Public Domain 145

Public Domain Marketing Marketing Licensing 145

The TTABlog

MARCH 10, 2022

Following long-standing precedent, the Board affirmed a refusal to register the proposed mark STRONGHOLDS & FOLLOWERS for "Role playing game equipment in the nature of game book manuals" on the ground that the mark is the title of a single work and therefore does not function as a trademark under Section 1, 2, and 45 of the Lanham Act.

Trademark 52

Trademark Registration Public Domain Publishing 52

Kashishipr

MAY 25, 2021

However, there are a few additional benefits that are attached to the registration. It may not always prevent unauthorized copying; however, it may serve as a public notice by securing a public record in one’s favor. The process of seeking registration can be cumbersome and tedious. Trademarking a Blog.

Intellectual Property 98

Intellectual Property Blogging Fair Use Registration 98

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. But law doesn’t develop top-down in this model. 1881 DCt of Alabama.

Trademark 45

Trademark Law Branding Brands 45

43(B)log

FEBRUARY 24, 2023

Incrementalism: read Lanham Act along with other things like its common law foundations and First Amendment principles—not empty formalism; recognize normative component of TM. Semi-autonomous body of law with some principles of its own. IIC—not possible to get movement in Congress; and common law is a one-way ratchet.

Trademark 69

Trademark False Advertising Fair Use Branding 69

Kashishipr

APRIL 20, 2022

Patents, copyright, and trademarks have been the most widely recognized forms of IP to date; however, there are other forms as well, including geographical indications and industrial designs, which have been gaining attention in the past few decades. For more visit: [link].

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

SpicyIP

MAY 15, 2023

Shikhar is a second-year law student at NALSAR University of Law, Hyderabad. He shares a keen interest in developments concerning IP Law.] Delhi High Court Sets Aside 3 Orders from the Patent Office and the Trademark Registry, in 1 day! [This Weekly Review has been co-authored with Shikhar Chauhan.

Trademark 104

Trademark Registration Cease and Desist IP 104

43(B)log

JUNE 25, 2022

TM law has relaxed its rules in a modern economy. Dinwoodie: what is the general common law of abandonment in Australia? You only need to demonstrate that the applicant/registrant is not the proprietor of the first use. Other common law countries have been allowing more naked licensing. If so no forfeiture.

Trademark 56

Trademark Branding Brands Branding 56

SpicyIP

OCTOBER 15, 2023

Niharika is an Assistant Professor at the NALSAR University of Law, Hyderabad. The Committee also noted that registration of traditional knowledge as GI would be highly beneficial to consolidate traditional knowledge into IPRs. Her previous post can be found here.

IP 69

IP Registration Law Public Domain 69

Art Law Journal

JUNE 30, 2022

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. Fortunately, you don’t need to grasp all the complexities of Intellectual Property law to protect your creative work.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Technology & Marketing Law Blog

DECEMBER 27, 2023

His defense is that the work he used was free for all; after his victory, that work remains in the public domain for others to build upon. This logic seemingly extends equally to trademark cases… * Politico : “Tech giant battle means doom for small news outlets, Trudeau was warned.” March 29, 2023).

IP 72

IP Advertising Advertising Copyright 72

LexBlog IP

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

The TTABlog

NOVEMBER 8, 2021

The Board has decided to take a second look at the issue of opposer's entitlement to bring a statutory cause of action in the RAPUNZEL trademark opposition. The Board disagreed, observing that "[c]onsumers, like competitors, may have a real interest in keeping merely descriptive or generic words in the public domain."

Public Domain 52

Public Domain Registration Trademark Law 52

SpicyIP

MARCH 27, 2023

She is keenly interested in exploring various fields in law, especially IP, TMT and dispute resolution. The post explores the implications of a complicated security perfection regime and non-mandatory registration of copyright on IP financing. [ This weekly review is co-authored with SpicyIP intern Niranjana Biju. from NUALS, Kochi.

Designs 105

Designs Design Cease and Desist Art 105

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. The case clarifies that the bar on arbitrability of trademark disputes is not an absolute one. Golden Tobacco Ltd [Delhi High Court].

IP 143

IP Intellectual Property Copyright Trademark 143

The IPKat

MARCH 7, 2022

Still the Circular does hold out a ray of hope, noting that- [u]nder certain circumstances, names, titles, or short phrases may be protectable under federal or state trademark laws. T]here is a compelling reason why the name or title of a book cannot be a trademark, which stems from copyright law.

Copyright 96

Copyright Trademark IP Public Domain 96

IP and Legal Filings

JUNE 27, 2022

PART 1: of the blog discussed about history, development, fundamentals of IPR and explained Patents and Trademarks. In order to protect the same the laws should in tandem with the pace of technology. Just like trademarks, registration for them is not mandatory, but if it is registered the protection becomes airtight.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

Art Law Journal

JUNE 30, 2022

Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. Fortunately, you don’t need to grasp all the complexities of Intellectual Property law to protect your creative work. Which Types of IP Law Is Right for You?

Intellectual Property 52

Intellectual Property IP Invention Designs 52

IP and Legal Filings

SEPTEMBER 8, 2021

Trademarking of cryptocurrencies is yet another aspect that links IP to the crypto market. Like any other trademark , the cryptocurrency mark must be distinctive. Recently, trademark offices around the world have seen an influx of applications for trademarking cryptocurrency-related marks.

Intellectual Property 64

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 64