Patent Trademark Blog

APRIL 28, 2022

How are trademark rights determined in the US? In the US, trademark rights are generally given to the first one to use a mark. Except for a few limited circumstances, the first user is the rightful trademark owner in the US. The term common law arises most frequently in the context of an unregistered trademark.

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Trademark Law Cease and Desist Registration 52

Kashishipr

JUNE 3, 2021

As embodied in the Internal Revenue Code, IRS regulations, and case laws, IP includes patents, trademarks, copyright, trade secrets, know-how, and computer software. The new GILTI tax reduces the benefit of using foreign IP holding companies to defer the US tax on global income.

Intellectual Property 98

Intellectual Property Ownership IP Licensing 98

Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. Trademark rights can be even more confusing to navigate in the world of NFTs. Copyrighting vs Trademarking NFTs.

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

IP Tech Blog

NOVEMBER 25, 2022

This requires translating the complaint and related documents, delivering them to the foreign country’s designated “Central Authority,” and then waiting for that Central Authority to actually deliver the documents and confirm delivery to the plaintiff. These costs and delays often dissuade plaintiffs from ever bringing well-based claims.

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Trademark Registration Designs Design 57

LexBlog IP

JUNE 1, 2023

Foreign entities wishing to register an Australian trademark should be aware that Australia is a ‘first-to-use’ jurisdiction. This means that the owner of a trademark is the first user of that trademark. Arguably, a first-to-file system is easier to manage.

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Trademark Registering Trademarks Ownership Registration 52

Patentably Defined

APRIL 28, 2020

Protect it. The single best way to protect your brand is with a Federal trademark. Here are seven legal reasons why you need to get a Federal trademark for your brand. They Come with Nationwide Protection. They Make Protecting Your Brand Easier. They Make Foreign Registrations Possible.

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Branding Brands Branding Trademark 40

LexBlog IP

NOVEMBER 25, 2022

This requires translating the complaint and related documents, delivering them to the foreign country’s designated “Central Authority,” and then waiting for that Central Authority to actually deliver the documents and confirm delivery to the plaintiff. Jiaxing Micarose Trade Co. , Background. § 1051(e).

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Trademark Registration Designs Design 52

43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. has purposely breached the territoriality principle by entering into mutual treaty obligations with certain foreign nations. Here, the U.S.

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False Advertising Advertising Advertising Registration 59

LexBlog IP

JANUARY 4, 2023

Securing the right IP protection for an NFT will be key to its successful commercialization and exploitation by the creator and its owner. In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Intepat

DECEMBER 6, 2022

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. There have been various landmark judgements which have not only highlighted cardinal principles of trademark law but have also given a nuanced understanding of how Courts interpret statutory trademark provisions.

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Trademark Trademark Law Registering Trademarks Law 98

IP and Legal Filings

AUGUST 14, 2023

In disputes arising out of the latter, first, preliminary ABC issues must deal with- A pplication of Foreign Judgements, B asis of Jurisdiction and C hoice of Law. Application of Foreign Judgements determines whether judgements from different nations can be enforceable in the current dispute.

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Copyright Infringement Law Copyright Intellectual Property 52

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].

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IP Intellectual Property Copyright Trademark 143

The TTABlog

DECEMBER 31, 2021

35: TTAB Grants MIRAGE BRANDS Cancellation Petition Due To Likelihood of Reverse Confusion On Remand from the CAFC, TTAB Denies Petition for Cancellation of "NAKED" Registration for Condoms TTABlog Test: Three Recent Section 2(d) Inter Partes Cases - How Did They Come Out? [Yes] Precedential No. Lack of Bona Fide Intent: Precedential No.

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Cinema Registration Trademark Reporting 67

Patent Trademark Blog

MARCH 18, 2022

Let’s look into what those intangible assets might be, and how they can be protected. This is where trademarks play a role. Names or logos used to sell a product may be protectable even if the product itself is nothing new. Trademarks can last indefinitely. Think of perfumes or luxury goods. Yes, you certainly can.

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 52

LexBlog IP

AUGUST 22, 2022

2022) the United States Court of Appeals for the Federal Circuit (“CAFC”) reversed a Trademark Trial and Appeal Board (“TTAB”) decision cancelling two registrations for marks identical to those used outside of the US by The Coca-Cola Company (“Coca-Cola”). Coca-Cola Co. , 4th 1067 (Fed.

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Registration Ownership Trademark Marketing 40

Technology & Marketing Law Blog

JULY 17, 2023

the Supreme Court held that the Lanham Act does not reach trademark infringement that occurs outside of the United States (US). In addition, the opinion has important ramifications for domestic trademark law through its identification of “use in commerce” as the actionable domestic conduct. The same is true even in trademark treaties.

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Trademark Blogging Litigation Law 70

43(B)log

FEBRUARY 3, 2024

Q: 2016 Kenya law has a detailed framework for protection, bulldozing through all these issues. Defendants won after a day-long trial before a judge, based on lack of substantial similarity in protected expression. Trademarks and indigeneity: three ironies. (1) Enabling more registration for tribes? tribal members?

Branding 59

Branding Brands Branding Art 59

Kashishipr

AUGUST 2, 2021

The IP rights holders can either record their IP beforehand, enabling the Customs authority to suo motu monitor shipments and exclude, detain, seize, destroy, or dispose of the merchandise that it suspects to be counterfeit or infringing the recorded trademark; or make a complaint to the Customs authority under the domestic Customs legislation.

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IP Intellectual Property Registration Registering Trademarks 105

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals.

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IP Copyright Trademark Intellectual Property 124

IP and Legal Filings

NOVEMBER 30, 2022

When it comes to trade and foreign direct investment, the economy adopts an open economic policy. Additionally, it requires Cambodia to maintain online databases with data on applications and registrations for patents, industrial designs, and trademarks. One of ASEAN’s most liberal and open economies is Cambodia.

Intellectual Property 66

Intellectual Property Marketing Marketing IP 66

IIPRD

MAY 10, 2020

Scheme for Facilitating Start-Ups Intellectual Property Protection. The central government brought a Scheme for Facilitating Start-Ups Intellectual Property Protection (SIPP) with a vision to protect and promote intellectual property rights of start-ups and thus encourage innovation and creativity among them.

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Intellectual Property Patent Government Technology 40