Canadian Intellectual Property Blog

JUNE 22, 2022

Notably, these implications may not only affect English language trademarks but also trademarks using other non-French languages and potentially “coined” words.

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Trademark Law Trademark Law Registering Trademarks 52

JD Supra Law

SEPTEMBER 21, 2023

Last fall, the maker of BLUE GOO pain relief products filed a trademark infringement lawsuit over a competitor’s GREEN GOO pain relief salve.[1] 1] Trademark litigation can be long and costly. By: Dunlap Bennett & Ludwig PLLC

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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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LexBlog IP

MARCH 9, 2023

The highly anticipated jury verdict in the Hermès litigation over MetaBirkins NFTs has some important takeaways for both artists and sellers of NFTs as well as brand owners. Your internal and external communications will be used against you in litigation. ” ( Id. at *17-18.)

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Litigation Artistic Work Branding Brands 52

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 5, 2020

Fish & Richardson is pleased to announce that the firm has been named a “Law Firm of the Year” for Litigation – Intellectual Property in U.S. News & World Report – Best Lawyers ® “Best Law Firms” 2021 edition. Litigation – Patent. Patent Law. Technology Law. Trademark Law.

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JD Supra Law

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose. By: Weintraub Tobin

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Trademark Law Trademark Law Branding 52

IPilogue

OCTOBER 18, 2022

This is an interesting example of how intellectual property law can be utilized to smother the proliferation of harmful views. The context surrounding the litigation shows that protecting business interests is not trademark law’s sole function. . We will be following the outcome of this dispute as litigation continues.

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IP Watchdog

MAY 15, 2024

On May 13, trademark law firm Chestek PLLC filed a petition for writ of certiorari asking the U.S. Patent and Trademark Office’s (USPTO) promulgation of rules requiring trademark applicants to disclose their domicile address to the agency. Supreme Court to take up a challenge to the U.S.

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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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Trademark Intellectual Property Trademark Law Publishing 118

Technology & Marketing Law Blog

FEBRUARY 16, 2022

.” In other words, they sought to establish (using centuries-old chattel-based theft doctrines rather than trademark law) that a trademark owner has the unrestricted right to shut down anyone using their trademarks, even if no consumers are harmed. to see if it could find some soft spot in Georgia state law.

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IP Law 360

OCTOBER 21, 2022

Winston & Strawn LLP has brought on a litigator with experience in intellectual property and trade secrets disputes to its Dallas office, and a former Willkie Farr & Gallagher LLP partner with more than a decade of experience in trademark law has joined Reed Smith LLP. Here are the details on these and other notable hires.

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Intellectual Property Trademark Law IP Litigation 52

Patently-O

JULY 19, 2023

Unlike patent and copyright, trademarks and trade secrets continue to be concurrent and overlapping, meaning that state rights continue to exist and be enforceable alongside the federal right. It is common for litigation to assert both. The straggler here is the right of publicity, often termed Name Image & Likeness or NIL rights.

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Privacy Trademark Law Fair Use Trademark 98

JD Supra Law

FEBRUARY 18, 2022

Regulations implementing the Trademark Modernization Act of 2020 (TMA) went into effect on December 18, 2021. The new rules and procedures are multifaceted and address several aspects of trademark law, both with respect to litigation and USPTO practice. By: SmithAmundsen LLC

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Trademark Trademark Law Litigation Law 52

IP and Legal Filings

FEBRUARY 20, 2023

However, the same process does not include any examination or verification to determine whether the domain name is distinctive or capable of distinguishing itself from the competition, i.e., existing domain names that are clearly in violation of trademark law.

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Trademark Registering Trademarks Registration Trademark Law 87

Traverse Legal Blog

JULY 14, 2022

If the infringer does not comply, this cease and desist letter now becomes evidence in your trademark infringement litigation. If a cease and desist letter does not clear up the matter, then it may be time to litigate. Have you experienced instances of confusion between your trademark and the mark of your potential infringer?

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Cease and Desist Trademark Litigation Intellectual Property 98

SpicyIP

MAY 17, 2024

Interestingly, the judgment (dated May 1, 2024) by the Delhi High Court covers multitude of legal intricacies of trademark regime, making this judgement a rich resource for a trademark law enthusiast seeking a holistic understanding of the subject. Pfizer Products Inc., (the 20,00,000 as was claimed to Rs.

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Trademark Due Diligence Litigation Law 45

Kashishipr

MARCH 2, 2022

Therefore, we can say that failing to safeguard your registered trademark adequately would lead you at risk of forfeiting your exclusive rights. You may see your trademark rights getting diluted and possibly canceled through litigation. However, one’s own house deserves equal consideration in this case.

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Registering Trademarks Trademark Registration Trademark Law 105

LexBlog IP

JANUARY 10, 2024

Pacific REGISTER HERE About the Program Join Seyfarth partners Ken Wilton and Lauren Leipold for an examination of pivotal 2023 developments in trademark litigation, from U.S. Learn how these developments will impact the ongoing protection, maintenance, and enforcement of trademarks in the United States and beyond.

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Trademark Trademark Law Litigation Business 52

The IPKat

MAY 17, 2023

Trademarks Book Review: Trade marks contrary to public order and morality + discount code Anastasiia Kyrylenko reviewed this publication by Boris Catzeflis, which covers the absolute ground of refusal in trademark law for signs that are contrary to public order or morality. The agenda can be found here.

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The IP Law Blog

JUNE 10, 2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo provide an update on the dispute between the original USFL and Fox, over the network’s attempt to revive the football league. Watch this episode on the Weintraub YouTube channel, here.

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IP Litigation Blogging Law 52

Technology & Marketing Law Blog

OCTOBER 5, 2023

The court could have cited two recent Supreme Court cases (Jack Daniels and Abitron) for the proposition that trademark law only applies when parties are using a trademark as a mark , i.e., to identify and distinguish the source of marketplace goods. ” Trademark law does not restrict that usage.

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Trademark Fair Use Trademark Law Branding 120

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.

Trademark 52

Trademark Intellectual Property Trademark Law Publishing 52

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.

Trademark 52

Trademark Intellectual Property Trademark Law Publishing 52

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.

Trademark 52

Trademark Intellectual Property Trademark Law Publishing 52

Technology & Marketing Law Blog

JULY 26, 2022

You can have a court declare your trademarks weak or invalid so they are less valuable than when you started. You can get less damages than the cost of litigation, so the whole effort is unprofitable. The court says this lawsuit qualified: “LVSA litigated this case in an unreasonable manner. How did that come about?

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Trademark Advertising Advertising Litigation 99

Likelihood of Confusion

SEPTEMBER 27, 2023

Fact is, trademark law, judges -- much less justices -- are not all much into you. The post It’s not about you appeared first on LIKELIHOOD OF CONFUSION™.

Trademark Law 52

Trademark Law Trademark Law Litigation 52

Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Halloween costumes sit at an interesting and muddled intersection between copyright and trademark law. This isn’t to say there’s been no litigation in this area.

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Trademark Copyright Cease and Desist Copying 246

Patently-O

FEBRUARY 3, 2023

Hetronic (Extraterritorial application of US Trademark Law — damages from foreign sales). Younter (If SJ is denied on a question of law, must the party reassert the issue in JMOL in order to preserve the issue for appeal. Although not a patent case, this issue comes up all the time in patent litigation).

IP 67

IP Fair Use Trademark Law Litigation 67

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.

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LexBlog IP

JANUARY 9, 2024

The Federal Circuit explained that allowing GO to trademark EVERYBODY VS RACISM would undermine trademark law “to the detriment of the public who would be no longer free to express common sentiments without the threat of paying a ‘licensing fee to someone who sees an opportunity to co-opt a political message.’”

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Trademark Trademark Law Registration Licensing 52

IP and Legal Filings

MARCH 30, 2023

Introduction In the conventional sense, trademark law requires the mark to essentially be a word or a logo. However, there have been significant advancements in the interpretations of trademark law over the years, with one such advancement being protection of fictional characters under trademark law.

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Trademark Trademark Law Television Intellectual Property Law 74

Technology & Marketing Law Blog

APRIL 3, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and was one of the signatories of the First Amendment Professors amicus brief filed in Jack Daniel’s Properties, Inc. The expense of litigation may chill speech. by guest blogger Lisa P.

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Blogging Trademark Fair Use Trademark Law 102

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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Trademark Trademark Law IP Law 64

LexBlog IP

AUGUST 30, 2023

Yet cannabis businesses continue to grapple with protecting their brands, as trademark protection at the federal level remains unavailable. The current hodgepodge of state trademark regimes will undoubtedly result in litigation and a race to register federal marks once Congress legalizes cannabis. the Lanham Act).

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Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

This is especially important when the opponent has not yet started using the trademark with a service or good, as this may prevent the challenging party from suing in district court. Often TTAB oppositions are resolved quicker than district court litigations because the opponent has not invested heavily in the mark. Specialized Judges.

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Litigation Trademark Registering Trademarks Registration 59

IP Watchdog

AUGUST 4, 2021

Court of Appeals for the Third Circuit regarding the definition of “functionality” in trademark law. Lotte International America Corp. At issue in the appeal is a ruling from the U.S.

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The TTABlog

JANUARY 4, 2023

I should disclose that I was involved in this litigation in the 1990s and even I have a hard time keeping all of these decisions straight. trademark law intersects with international treaties, administrative law, and international relations. and international trademark law.

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