LexBlog IP

SEPTEMBER 29, 2022

trademark law. trademark owner can recover damages for infringing sales outside the U.S. trademark owner otherwise would have made. trademark law “provide[s] a remedy for a foreign defendant’s use of a plaintiff’s U.S. trademark law, allowing U.S. trademark law, allowing U.S.

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IP and Legal Filings

SEPTEMBER 16, 2021

Although the Community Trademark Office first rejected the application since the mark cannot be graphically represented as per Article 4 of the Community Trademark Regulation in the EU legislation, the applicants challenged the Trademark office’s decision. Smell marks and Indian trademark laws.

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JD Supra Law

OCTOBER 4, 2022

Similar treaties already exist in the area of Patents (Patent Law Treaty of 2000) and Trademarks (Trademark Law Treaty of 1994 and Singapore Treaty on the Law of Trademarks of 2006). By: AEON Law

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IP Watchdog

MARCH 20, 2023

Elsewhere, the Hudson Institute is holding an event one day before the Supreme Court hears oral arguments in a case that could have big implications for trademark law. In the House, the Committee on Foreign Affairs will hear from Secretary of State Antony Blinken on competition with China.

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Patently-O

NOVEMBER 29, 2021

This is a trademark case. Dollar Financial holds registered trademarks for MONEY MART – the name it uses for its payday and title loan venders as well as pawn shops and pawn brokerages. Brittex Financial v. Dollar Financial ( Fed.

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Trademark Law Trademark Law Registration 78

The TTABlog

MARCH 7, 2022

Mikos takes the USPTO to task in his recent Vanderbilt Law Review article, "Unauthorized and Unwise: The Lawful Use Requirement in Trademark Law" (pdf here ). He charges that "[i]n demanding compliance with sundry nontrademark laws, the PTO has lost sight of the statute it is supposed to administer."

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Trademark Law Law Trademark Registration 52

JD Supra Law

JULY 7, 2023

That is, punitive damages may be applied to intentional infringement and serious patent infringement. That is, punitive damages may be applied to intentional infringement and serious patent infringement. By: Linda Liu & Partners

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Patent Infringement Intellectual Property Patent Trademark Law 52

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 3, 2022

Fish & Richardson is pleased to announce that the firm has been named a “Law Firm of the Year” for Litigation – Intellectual Property and Litigation – Patent in U.S. News & World Report – Best Lawyers “Best Law Firms” 2023 edition. Litigation – Patent . Patent Law . Technology Law .

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Patently-O

APRIL 20, 2024

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. Columbia’s design patent claims an “ornamental design of a heat reflective material” as shown in the figures. Patent D657,093. Seirus has now petitioned for writ of certiorari.

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SpicyIP

SEPTEMBER 11, 2023

underscored that there is a need to supervise or govern patent and trademark agents. This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents.

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Government Trademark Patent Patent Application 105

Patently-O

AUGUST 10, 2021

Feldman has also just published a short article in Nature Biotechnology titled Negative Innovation: When Patents are Bad for Patients. (Co-authored Nicholson Price (Michigan Law), David Hyman (Georgetown Law), and Mark Ratain (Chicago Med)). Generally the patent system has treated this is a FDA regulatory problem.

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Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Design Patent Infringement vs. Trademark Infringement The standards for proving design patent infringement and trademark infringement differ significantly regarding the relevance of consumer confusion about product source.

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Design Patent Patent Infringement Designs Design 70

IPilogue

OCTOBER 21, 2022

Anita Gogia is a IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On May 25, 2021 the Japan Patent Office (JPO) granted Nobuaki Kurokawa a trademark for his apparel brand named “CUGGL” for class 25 (clothing and footwear).

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JD Supra Law

NOVEMBER 1, 2023

Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design? While offering a new design for sale without obtaining a patent often means the design is now in the public domain, copyright and trademark laws could mean otherwise.

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Patently-O

JULY 19, 2023

have long been a mix of state common law rights and federal statutory rights. Patents and copyrights were established in the Constitution and enacted by the First Congress in 1790. With trademark law, the federal right has been around since 1870 and today occupies most of the space. What do you think?

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Privacy Trademark Law Fair Use Trademark 98

Larson & Larson

JULY 13, 2023

Patents and trademarks are two forms of intellectual property protection, but they serve different purposes. Here’s an overview of how patent protection and trademark protection differ: What is a Patent? Patents protect functional products and processes. What is a Trademark?

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JD Supra Law

JANUARY 12, 2022

Introduction - On December 27, 2020, the Trademark Modernization Act of 2020 (“TMA”) became law after it passed Congress and was signed by the President as part of the year-end Consolidated Appropriations Act for 2021. With the issuance of implementing regulations for the TMA by the U.S.

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Trademark Trademark Law Law Patent 52

Technology & Marketing Law Blog

MARCH 8, 2024

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money.

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Trademark Law Trademark IP Blogging 98

SpicyIP

OCTOBER 30, 2023

Putting an end to a 24 year old patent infringement suit, the Delhi High Court has directed Maharaja Appliances Ltd. Background The dispute started off as a heated battle between the parties over the plaintiff’s ‘Liquid Heating Vessels’ patent, which the plaintiff claimed was used by the defendant in its electric kettles.

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Managing IP

JUNE 9, 2021

Gang Hu of CCPIT Patent and Trademark Law Office discusses the Economic and Trade Agreement between China and the US regarding the protection of geographical indications

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Trademark Law Trademark Law Patent 97

Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). Patent applicants and practitioners could benefit from guidance regarding obtaining patents in the context of NFTs.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

Garrigues Blog

FEBRUARY 21, 2023

Since January 14, the Spanish Patents and Trademarks Office (SPTO) has been responsible for hearing applications for invalidity and revocation of trademarks. We take a look at the biggest risk faced by applicants seeking invalidity of a trademark on relative grounds. Pursuant to article 58 et seq.

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Trademark Trademark Law Patent Registration 52

LexBlog IP

OCTOBER 10, 2023

Eliezer How to Legally Protect your Board Game with Intellectual Property Law Table of Contents: Copyright Law Design Patents Trademarks and Trade Dress Utility Patents Limitations of Protection Say there is a game that’s been around. Learn more about Trademark law for board games and Trade Dress protection.

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Design Patent Intellectual Property Designs Design 52

IP Watchdog

JULY 26, 2021

This week in Washington IP news, the Senate Judiciary Committee will consider a series of bills that could limit pharmaceutical patent owners’ ability to enforce their patents against generic drug makers. trademark law this Tuesday. .

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Technology IP Trademark Law Trademark 98

IPilogue

MARCH 23, 2022

The IP Innovation Clinic, the first student-based clinic of its kind in Canada, is seeking law students from Osgoode Hall Law School to provide assistance to under-resourced inventors, entrepreneurs and start-up companies with their innovation and commercialization activities. Performing trademark searches.

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JD Supra Law

JULY 25, 2022

As those involved in the world of trademark law likely know, the United States Patent and Trademark Office (“USPTO”) publishes an immensely helpful Manual covering the practices and procedures of prosecuting or registering trademarks in front of the USPTO.

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Trademark Registering Trademarks Trademark Law Publishing 67

IPilogue

AUGUST 25, 2022

The IP Innovation Clinic, the first student-based clinic of its kind in Canada, is seeking law students from Osgoode Hall Law School to assist under-resourced inventors, entrepreneurs and start-up companies with their innovation and commercialization activities. Assisting with various steps in the patent prosecution process (i.e.:

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The IPKat

JULY 22, 2022

In 2006, work on simplifying procedures for the protection of industrial designs started in the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) , which has evolved into the draft for the proposed DLT. This is referred to as a proposed new ‘patent disclosure requirement’.

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LexBlog IP

JULY 22, 2022

As those involved in the world of trademark law likely know, the United States Patent and Trademark Office (“USPTO”) publishes an immensely helpful Manual covering the practices and procedures of prosecuting or registering trademarks in front of the USPTO.

Trademark 52

Trademark Trademark Law Registering Trademarks Publishing 52

JD Supra Law

DECEMBER 1, 2021

The November 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the emergence of trademark filings for NFTs and a recent ITC patent infringement case regarding imported oil-vape cartridges. Pulp Fiction Shows us Where NFTs Meet Trademark Law - Watching the Pot™. In this issue: - "Say What Again?":

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Patently-O

FEBRUARY 3, 2023

Unlike patents and copyrights, trademark law is not designed to reward the creative endeavor of invention or authorship. Rather, trademark is designed as a consume-protection and market-function tool and so focuses on consumer perception. On appeal, the TTAB reversed the refusal.

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Patently-O

JUNE 29, 2022

A case like this begins with the territorial doctrine of trademark law: Under the territoriality doctrine, a trademark is recognized as having a separate existence in each sovereign territory in which it is registered or legally recognized as a mark. law that trademark rights in the US require that the mark be used in the US.

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Patent Trademark Blog

DECEMBER 7, 2022

What is the new deadline to respond to trademark Office Actions? When you’ve practiced trademark law long enough, you take certain things for granted. Patent Office Action deadlines are extendable. And, until recently, trademark Office Action deadlines were not extendable. Need a trademark extension?

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LexBlog IP

MARCH 25, 2022

What Information is included in a Patent? And Does it Apply to Stakeholders of a Patent Lifecycle. Patents are composed of several different parts, each of which serves a particular purpose in securing the rights of an invention. Each component can provide information to the various stakeholders in the life of a patent.

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LexBlog IP

OCTOBER 3, 2023

Trade Dress for Board Games Examples of Board Game Trade Dress Most savvy entrepreneurs know to apply for trademarks on their product names, company names, logos, and slogans. Of those, inventors who make board games often go straight to patent filings and forget about the trademark analysis. OR- How about this car.

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The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws.

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43(B)log

FEBRUARY 24, 2022

Mikos, Unauthorized and Unwise: The Lawful Use Requirement in Trademark Law, 75 Vanderbilt Law Review 161 (2022) Abstract: For decades, the United States Patent and Trademark Office (“PTO”) has required trademark owners to comply with sundry nontrademark laws governing the sale of their trademarked goods and services.

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