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Canadian Trademark Law 2023: A Year in Review

JD Supra Law

2023 was an active year in Canadian trademark law. Canadian Courts addressed a wide range of issues, from licensing to comparative advertising to co-branding. Notable changes also emerged from the Canadian Trademarks Office. Additionally, many trademark fees increased by 20-35%.

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The Conundrum of Naked Licensing

SpicyIP

We are pleased to bring to you a guest post by Naman Keswani on the concept of naked licensing within trademarks law. Naman is a fourth-year student at the Hidayatullah National Law University, Raipur who has a keen interest in Intellectual Property Law, especially Trademark Law.

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The Briefing: How to Avoid Bearing The Risks of A Naked License

The IP Law Blog

District Court finding that Lighthouse Enterprises issued a naked license to Blue Mountain, which covered the trademark in question. Scott Hervey and Eric Caligiuri discuss this case and how to avoid bearing the risks of a naked license in this episode of The Briefing. Bliss Nutraceuticals, the 11th Circuit upheld a U.S.

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TM and takings claims against Puerto Rico fail: license plates/tags aren't use in commerce

43(B)log

They sought at least $45 million from the government of Puerto Rico for issuing a commemorative license plate for the fiftieth anniversary of Roberto Clemente’s “Hit 3000,” at $21/plate. For trademark, any request was moot since the law requiring the sale of license plates and license labels expired by its own terms on December 31, 2022.

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Modern collegiate trademark and licensing regime may face increased enforcement challenges

LexBlog IP

This debate has long been an issue in trademark law, and decades-old caselaw left the issue undecided. Accordingly, the Court denied Penn State’s motion to dismiss and allowed Vintage to proceed with its counterclaims that Penn State’s trademark registrations for its logos are merely ornamental.

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MarkIt to Market® - August 2023

JD Supra Law

This month, we conclude our series that explores ways to lose trademark rights with an examination of naked licensing, discuss a favorable rules change to the Chinese Trademark Law, and provide two USPTO updates relevant for trademark applicants and owners. New Rules Allow for Suspension of Trademark Review.

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STEALING HOME: A PROPOSAL FOR RESCUING FANS AND FRANCHISES FROM THE COUNTERFEIT SPORTS APPAREL MARKET

JIPL Online

These problems are catalyzed by online marketplaces ranging from major retailers like Amazon to smaller websites such as DHGATE.com that serve as a safe haven for vendors peddling knockoff, unlicensed apparel imported from China at a significant discount compared to officially licensed products. [vi] In Scandia Down Corp. Euroquilt, Inc. ,