SpicyIP

NOVEMBER 8, 2023

So … Prashant’s post was followed by a detailed post on Adwords and Trademark Law cautioning that a traditional interpretation of “use in commerce” could jeopardize the rights of trademark owners, given the evolving business models. “Ad-word” … yes, the very same thing that recently made headlines, again!

Trademark 59

Trademark Publishing Journalism Copyright 59

JD Supra Law

MARCH 11, 2024

Kilpatrick partner Ted Davis recently presented his “Annual Review of Key Trademark & Unfair Competition Opinions” at the firm’s 2024 Advanced Trademark Law Seminar in New York. Key takeaways from the presentation include. By: Kilpatrick

Trademark 62

Trademark Trademark Law Law 62

JD Supra Law

MARCH 15, 2024

Kilpatrick’s Dan Englander and James Trigg recently presented to clients and colleagues on the topic of “Using Generative AI in an IP-Driven Business: Practical Tips and Legal Risks” at the firm’s annual 2024 Advanced Trademark Law Seminar in New York City.

Business 65

Business IP Trademark Law Copyright Law 65

JD Supra Law

MARCH 28, 2024

Kilpatrick partners Crystal Genteman and Wendy Cheng recently presented “Big Little Fires Everywhere: Cross-Jurisdictional Nonuse Actions to Clear Deadwood” at the firm’s annual 2024 Advanced Trademark Law Seminar in New York. By: Kilpatrick

Trademark Law 62

Trademark Law Trademark Law 62

Canadian Intellectual Property Blog

JUNE 22, 2022

As such, it is imperative businesses review their trademark portfolios and consider which trademarks ought to be filed for registration to ensure continued use in the Province of Québec. The Present Rules in Québec: Promotional Material - Packaging At present, a “recognized trademark” is exempt from translation requirements in Québec.

Trademark Law 52

Trademark Law Trademark Law Registering Trademarks 52

LexBlog IP

FEBRUARY 16, 2023

On January 13, the China National Intellectual Property Administration (CNIPA) circulated a draft amendment to the PRC Trademark Law for public comment (“TML Draft Amendment”). The CNIPA Draft Amendment is comprised of a total of 101 articles in 10 chapters (as opposed to 73 articles in 8 chapters in the current law).

Trademark Law 40

Trademark Law Trademark Law Registering Trademarks 40

The TTABlog

MARCH 2, 2022

Slade and yours truly, The TTABlogger , will present a webinar entitled "What Non-US Practitioners Need to Know About US Trademark Law and the Recent Trademark Modernization Act ("TMA")," on March 10th from Noon to 1 PM EST , sponsored by Wolf, Greenfield & Sacks, P.C. Admission" is free. Register here.

Trademark Law 52

Trademark Law Trademark Law Registration 52

The TTABlog

FEBRUARY 24, 2022

Slade and yours truly, The TTABlogger , will present a webinar entitled "What Non-US Practitioners Need to Know About US Trademark Law and the Recent Trademark Modernization Act ("TMA")," on March 10th from Noon to 1 PM EST , sponsored by Wolf, Greenfield & Sacks, P.C. Admission" is free. Register here.

Trademark Law 52

Trademark Law Trademark Law Registration 52

43(B)log

JUNE 24, 2022

Merchandising right: ornamenting the person—think about merchandising as art, enhancing the self-presentation of the person. Jennifer Davis: After the Directive harmonizing TMs, all the law is what a TM isn’t and we have no positive definition of what a TM is. So too with idea/expression.

Trademark Law 75

Trademark Law Law Trademark Registration 75

SpicyIP

JANUARY 2, 2024

M P Ram Mohan is a Professor in the Strategy Area at the Indian Institute of Management Ahmedabad and Aditya Gupta is a lawyer by training and is presently working on issues that fall at the intersection of IP law, freedom of expression, and business strategy.

Trademark 59

Trademark Law Trademark Law Registration 59

SpicyIP

MAY 30, 2024

The Court observed that a proprietor of well-known trademark does not get an “automatic, unabridged and unmitigated right” to file rectification applications. In light of the facts of the present case, the Court observed that the declaration of petitioner’s mark ‘ VANS’ as a well-known trademark may not be relevant.

Trademark 45

Trademark Marketing Marketing Registration 45

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.

Trademark 120

Trademark Trademark Law Branding Brands 120

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may. What is Trademark Dilution?

Trademark 75

Trademark Registering Trademarks Trademark Law Branding 75

Intellectual Property Law Blog

MARCH 13, 2024

copyright law does not expressly provide for such renumeration, these opportunities depend on the code underlying the NFTs and the rules of the platforms on which they’re sold rather than any statutory entitlement. In other words, this is more of a contractual issue than statutory issue in the US.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

IP and Legal Filings

SEPTEMBER 19, 2023

If a trademark owner believes that their trademark rights have been infringed, they may file a suit for trademark infringement in a court of law. The court will consider the evidence presented by both sides and decide whether the defendant’s use of the trademark is infringing on the rights of the trademark owner.

Trademark 86

Trademark Intellectual Property Registration Registering Trademarks 86

SpicyIP

SEPTEMBER 18, 2023

Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Union Of India Image from here The Delhi High Court recently questioned the Controller’s office regarding mechanisms for the governance of patent and trademark agents.

Trademark 105

Trademark IP Intellectual Property Government 105

LexBlog IP

NOVEMBER 7, 2023

trademark law for distinctive visual element(s) to become a trademark, i.e., an identifier of source for a particular party’s goods or services. trademark, No. trademark, No. As we’ve written about in prior posts , it’s possible under U.S.

Television 52

Television Intellectual Property Trademark Designs 52

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

Kashishipr

APRIL 27, 2022

During the filing of the trademark application for a motion mark, the applicant should ensure that the movements occurring in the mark should be represented in sequence as presented for the product or brand in question. The Indian Trademark Law and Motion Marks.

Registration 105

Registration Trademark Branding Brands 105

IP and Legal Filings

JUNE 21, 2023

Introduction The Trade Marks Act, 1999 and the regulations made thereunder regulate trademark laws in India. The Act outlines the procedures for registering, safeguarding, and upholding trademarks in India. The owner’s brand reputation and goodwill may be irreparably damaged by any unlawful use of a trademark.

Registering Trademarks 88

Registering Trademarks Trademark Trademark Law Branding 88

IP and Legal Filings

MAY 13, 2023

While the court in Titan Industries did not require proof of falsity, confusion or deception, the Gautam Gambhir court emphasized the need for evidence to establish confusion and disrepute, potentially due to the case being analyzed under trademark law. Interestingly, the court in Gautam Gambhir v. . &

Personality Rights 83

Personality Rights Privacy Trademark Law False Advertising 83

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.

Trademark 121

Trademark Fair Use Trademark Law Branding 121

IPilogue

OCTOBER 7, 2021

The court ultimately decided against the band because “Aboriginal rights are outside the scope of trademark law.”. Cases like this raise questions about the scope of intellectual property (IP) law in Canada. Trademark law in particular has the benefit of granting collective rights and can also provide perpetual protection.

IP 105

IP Intellectual Property Trademark Law Ownership 105

Chicago IP

FEBRUARY 28, 2022

The Award honors those who have made a significant creative contribution in one or more of the following substantive areas of intellectual property law: Patent Law: An invention or group of inventions having technological significance and an important social and economic impact, resulting in one or more U.S.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Service Mark Invention 52

Patently-O

OCTOBER 4, 2023

This year we’re limiting the focus to patent law & trademark law. My fellow panelist is trademark expert Richard Mandel of Cowan Liebowitz and we’ll be providing a year-in-review plenary session for the conference.

Intellectual Property Law 49

Intellectual Property Law Intellectual Property IP Trademark Law 49

The TTABlog

FEBRUARY 6, 2024

This Article builds on that analysis and breaks ground on examining trademark law’s relationship with LGBTQ+ persons. To date, there has been practically no trademark law scholarship on the LGBTQ+ community. This study finds that the number of LGBTQ+-oriented trademark applications has increased over twofold since Tam.

Trademark 70

Trademark Registration Trademark Law Law 70

LexBlog IP

MARCH 10, 2023

According to Vidal, Section 2(c) does not involve viewpoint discrimination and therefore presents a clean case for deciding whether Section 2’s overall bars to registration constitute a restriction on speech. Respondent’s deadline to file a response is March 29, 2023.

Registration 52

Registration Trademark Law Trademark Government 52

Olartemoure Blog

FEBRUARY 8, 2023

It is commonly used in trademark law and derives its authority from the First Amendment of the U.S. It regulates trademark infringement, trademark dilution and false advertising, amongst other activities. Ginger Rogers presented survey evidence that showed 43% of those exposed to the film’s title associated it with her.

False Advertising 59

False Advertising Intellectual Property Trademark Trademark Law 59

IP and Legal Filings

AUGUST 23, 2023

The single bench, using the trite law of essential features and the average consumer test, reached the conclusion of infringement under §29(2) of the Trademarks Act, 1999 (‘Act’). [2] In the present case, the single bench ascertained the essential feature from the textual matter present in the two composite marks.

Trademark 88

Trademark Law Marketing Marketing 88

Kashishipr

MARCH 2, 2022

First and foremost, trademark owners must keep a watch on the offline and online markets at all times for any product or service using an identical or similar mark. Identical or similar trademarks are present across different classes of products and services.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

IP and Legal Filings

AUGUST 29, 2023

Can their names be officially protected under trademark laws?At At first, it might seem a little confusing as Trademarks are like- ‘special signs’ that help us know where products or services come from. However, evidence presented by Indian Shaving Products Ltd. But the names of generic terms are different. Gillette U.K.

Trademark 87

Trademark Trademark Law Law Advertising 87

Corsearch

APRIL 5, 2024

On March 19th, the trademark community came together in the heart of New York City for an exclusive event that promised to be both informative and enriching. Attended by 150 trademark experts, the event proved to be a resounding success, offering a blend of networking opportunities and engaging Continuing Legal Education (CLE) sessions.

Trademark 59

Trademark Confidentiality Branding Brands 59

IPilogue

AUGUST 2, 2021

European trademark law requires genuine use of a trademark to maintain registration. Lack of use may cancel a trademark’s registration; as well, any oppositions based on a trademark without genuine use may not withstand a non-usage defense. . Photo Credits: BP Miller ( Unsplash).

Trademark 59

Trademark Registration Trademark Law Intellectual Property 59

SpicyIP

JANUARY 11, 2024

In an earlier post by Nivrati Gupta, she discussed the narrow and broad interpretations of ‘use’ in trademark law across jurisdictions, and analysed how the DRS judgement does not recognise keyword advertisements as ‘use’ under Section 29(1) of the Trademarks Act.

Trademark 105

Trademark Advertising Advertising Trademark Law 105

LexBlog IP

FEBRUARY 28, 2022

The Award honors those who have made a significant creative contribution in one or more of the following substantive areas of intellectual property law: Patent Law: An invention or group of inventions having technological significance and an important social and economic impact, resulting in one or more U.S.

Intellectual Property Law 40

Intellectual Property Law Intellectual Property Service Mark Invention 40

Technology & Marketing Law Blog

DECEMBER 11, 2023

Nor was there any recognition that, as a consequence of these occurrences, parodies inherently present some risk of confusion. Going forward, my advice to parodists who don’t want to be found to infringe trademarks: make sure your parody slaps everyone right in the face. Acuff-Rose Music, Inc.,

Blogging 112

Blogging Trademark Branding Brands 112

SpicyIP

SEPTEMBER 8, 2023

Within weeks of its grant, Dabur raised concerns about the ex parte nature of the order, asserting that it had not been granted the due opportunity to present its opposing arguments since the initial hearing took place on August 7, and the order was issued on August 9, 2023, before they could respond.

Registration 111

Registration Trademark Marketing Marketing 111