LexBlog IP

APRIL 19, 2023

The purpose of a trademark is to prevent consumer confusion about the source of the corresponding product. “Trade dress” is a subsection of trademark law and protects the design and shape of a product or its packaging, again to identify the source of the product. Registering trademarks with the U.S.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

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. Image Source: IStock].

Trademark 52

Trademark Contracts Intellectual Property Registering Trademarks 52

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2022

TTAB Cancellation Actions: Terminating an Infringing Trademark Registration. One option is to institute a cancellation action with the Trademark Trial and Appeal Board (the “TTAB”) to challenge the registration of the mark. If you win, the TTAB “cancels” the registration of the trademark at issue.

Registration 52

Registration Trademark Litigation Blogging 52

TorrentFreak

DECEMBER 22, 2022

TIR further blends copyright and trademark law by claiming that Cloudflare “admitted that the accepted 65 URL(s) for the DMCA report on mistress-harley.com” includes the 65 “infringing links” referenced earlier under trademark law. While bold, TIR’s allegations are nothing new.

Privacy 117

Privacy Copyright Infringement Trademark Copyright 117

IP and Legal Filings

OCTOBER 26, 2023

Off late these instances of trademark bullying has been a concern and persistent problem in many countries with large entities targeting the small enterprises just for the sake of business gains. However every cease and desist notice served does not constitute trademark bullying and this depends on the fact and circumstance of each case.

Cease and Desist 98

Cease and Desist Trademark Registering Trademarks Business 98

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.

Trademark 86

Trademark Social Media Advertising Advertising 86

SpicyIP

JANUARY 23, 2023

In a hard hitting guest post , Sandeep K Rathod, critiques key aspects of the report. Aside from issues around methodology and scope, he points out that the comparative assessment by the report was undertaken by comparing the practices of India with that of developed countries, highlighting that such a comparison is not a ‘like-to-like’ one.

Designs 105

Designs Design Invention Registration 105

SpicyIP

FEBRUARY 21, 2024

The question that surfaced here was “which High Court shall have the jurisdiction to hear cancellation/rectification petitions under Section 57 of the Trademark Act, 1999 (‘1999 Act’).” the High Court would have jurisdiction if the effect of the registration is felt within the territorial jurisdiction).This

Trademark 105

Trademark Intellectual Property Designs Design 105

IP and Legal Filings

FEBRUARY 7, 2023

According to a Bloomberg Intelligence report [2] , the worldwide revenue opportunity from the metaverse is predicted to hit $800 billion in 2024, up from the estimated $500 billion in revenue generated by the metaverse in 2020. .” Additionally, it will reduce pointless litigation and save the time of the Court and the parties involved.

Trademark 83

Trademark Non-Fungible Tokens Branding Brands 83

IP and Legal Filings

FEBRUARY 4, 2022

Introduction: The concept of comparing and considering a trademark in its entirety is a well-established tenet in trademark law. When a trademark is registered, it provides protection to the mark as a whole, even if it is a composite trademark with numerous aspects in it.

Registration 63

Registration Trademark Trademark Law Marketing 63

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 143

IP Intellectual Property Copyright Trademark 143

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Trademark Law. Parody in Trademarks is No Joke. With damages amounting to $40,000, it is clear the courts are unamused by parody in trademarks. Copyright Law.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

The TTABlog

AUGUST 30, 2023

If that were the case, having a famous mark would entitle the owner to a right in gross, and that is against the principles of trademark law." The Board therefore found that "the lack of any reported instances of actual confusion weighs against finding there is a likelihood of confusion."

Designs 57

Designs Design Branding Brands 57

Technology & Marketing Law Blog

APRIL 29, 2023

.” Most of the opinion discusses the trademark implications of Ripps’ rival NFT collection. With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. Weiner * Fair Use – It’s the Law (for what it’s worth)–Lenz v.

Fair Use 98

Fair Use Cease and Desist Copyright Trademark 98

Patently-O

DECEMBER 12, 2021

. § 1052(c) provides, in pertinent part, that the PTO must deny federal registration to a trademark if it “[c]onsists of or comprises a name, portrait, or signature identifying a particular individual except by his written consent….”

Registration 69

Registration Government Advertising Advertising 69

43(B)log

NOVEMBER 8, 2023

Trademark: In Jack Daniel’s v. VIP Products, the Court held that it did not need to apply or even decide the validity of a speech-protective limit on trademark law designed to prevent trademark owners from shutting down expressive works that comment on trademarks, known as the Rogers test.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

The IP Law Blog

MARCH 2, 2021

The Supreme Court first looked to the section of the Lanham Act governing remedies for trademark violations, 15 U.S.C. 10 According to Fossil, the equity courts historically required plaintiffs to establish willfulness, or its historical equivalent, to obtain a profits award in trademark disputes.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

NOVEMBER 8, 2023

Prashant and Balaji’s well-worded Special Report: The Smoke & Mirrors Surrounding the Approval of Bedaquiline examined the issue in detail. Trust me, the issue was super-intense with discussions spread across several interconnected fronts, including reporting (see also ), RTIs (see also ), advocacy , activism , and WHO.

Trademark 59

Trademark Publishing Journalism Copyright 59

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Those requirements will impose huge compliance costs, but those investments won’t prevent online marketplaces from being dragged into extraordinarily expensive and high-stakes litigation over eligibility for this defense. Fourth, the law imposes a proactive screening obligation, something that Tiffany v. eBay rejected.

Trademark 137

Trademark False Advertising Advertising Advertising 137

IP Tech Blog

JULY 10, 2023

In the trademark context, nearly all countries recognize that trademark law is necessarily territorial at its core. This would allow for enforcement of trademarks in national courts even when the Lanham Act is not applicable. court forum. The case is Abitron Austria GmbH et al. Hetronic International, Inc. ,

Trademark 40

Trademark Intellectual Property Trademark Law Law 40

LexBlog IP

JULY 21, 2021

It can also mean as the proxy or substitute holder of rights here on earth because no spiritual being will receive a copyright certificate, trademark registrations, or letters patent. The report notes on page 11 that “In 2003, research estimates put the [U.S.] market for religious publishing and products at $6.8

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52