The IPKat

APRIL 30, 2024

Through a comparative lens he showcased the registration trends over the recent years in the examples of US, China and Hungary. The clash between artistic value and substantive value refers specifically to trademark and copyright cumulation and, according to the Italian Supreme Court, would make the shape mark unregistrable.

Reporting 62

Reporting Copyright Public Domain Law 62

Corsearch

JULY 7, 2023

Corsearch has identified a growing global trend in brands attempting to register true-to-life images of common goods as trademarks. The trademark is for a realistic, true-to-life depiction [1] of the fruit that is sold widely in supermarkets and green grocers. But are applications successful?

Trademark 52

Trademark Branding Brands Branding 52

Trademark and Copyright Law Blog

FEBRUARY 1, 2021

While Brexit created many questions and dilemmas that took years to sort out, for trademark attorneys the primary question was always: “What will become of UK protection for EU trademark registrations?” Filing a standard electronic application now costs $350 per class, rather than $275.

Public Domain 52

Public Domain Trademark Copyright Registration 52

IP and Legal Filings

NOVEMBER 27, 2022

Trademark refers to the cumulation of distinctive sign/symbol, design, or combination which is exclusively associated with the products or services helping the targeted customers identify the same easily. Distinctiveness – under the Trademark Act, the term ‘mark’ includes ‘combination of colours’ making it intrinsically obscure.

Trademark 52

Trademark Branding Brands Branding 52

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Many companies exploit renowned person identities without obtaining proper consent, leading intellectual property experts to advocate for the safeguarding of image rights through registration under Intellectual Property laws. An effective solution to address this concern is the formal registration of a celebrity’s name as a trademark.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

IP and Legal Filings

NOVEMBER 11, 2021

Generic Trademarks: An Introduction. A trademark refers to a name, mark, or sign through which the products belonging to a company or a person can be distinguished from other products in the market. Primarily, trademarks perform four functions. Firstly, trademarks help distinguish one product from another in the market.

Trademark 83

Trademark Cease and Desist Branding Brands 83

Intepat

APRIL 18, 2022

Whereas, the copyright registration certificate will be valid proof against the infringer. Hence, copyright registration will signify the work is inaccessible to competitors. Furthermore, if there is a copyright registration certificate, the court can provide the owner with the costs of suit and attorney fees at its discretion.

Copyright 98

Copyright Public Domain Registration Ownership 98

LexBlog IP

AUGUST 22, 2022

2022 The Pennsylvania State University (“Penn State”) sued Vintage Brand, LLC (“Vintage”), an online retailer of screen-printed goods featuring logos and images, for violations of federal and state trademark and unfair competition laws. When a trademark fails to fulfill this purpose, it is subject to cancellation.

Licensing 52

Licensing Trademark Public Domain Registration 52

Dear Rich IP Blog

SEPTEMBER 16, 2020

Dear Rich: A company in Florida filed a trademark on "Louise Brooks" and has used that to remove all Louise Brooks items off of Etsy in order for its company to sell its own Louise Brooks products. The story behind the trademark. A company from Coral Gables, Florida applied for the Louise Brooks trademark in 2018.

Public Domain 52

Public Domain Graphic Design Art Trademark 52

The IPKat

JANUARY 20, 2024

PermaKat Eleonora Rosati will address how IP rights protect fictional characters through several case law examples, aiming to “answer whether, in the end, the only fictional thing is the notion of public domain”. Registration is open for the 2024 INTA Annual Meeting. Registration is open for the 2024 INTA Annual Meeting.

Intellectual Property 70

Intellectual Property Public Domain IP Registration 70

SpicyIP

JANUARY 15, 2024

Do read our summaries of the post about a party seeking help from gods in a trademark dispute and the post on Makemytrip ad words case. Blogposts Angering the Gods: A Relook at the VBM Trademark Infringement Case Image from here Holy Trinity of Hindu Gods against trademark infringement allegations? Novartis AG v.

Public Domain 52

Public Domain Trademark Registration IP 52

LexBlog IP

NOVEMBER 1, 2023

Verify expiration of trademark registrations during the upcoming year, new registrations, and update of information. The exclusive right to use a trademark in commerce, and to commence legal actions against third parties for the unauthorized use of a trademark, arises solely from registration.

IP 52

IP Registration Reporting Trademark 52

The TTABlog

MARCH 2, 2022

In round two of what one person (me) dubbed the "Tinker Bell Fairy Fracas," the CAFC affirmed the Board's decision [ TTABlogged here ] sustaining a Section 2(d) opposition to registration of TEEN TINKER BELL and TEEN TINK & Design for dolls. United Trademark Holdings, Inc. Disney Enterprises, Inc. 2022 USPQ2d XXX (Fed.

Public Domain 72

Public Domain Designs Design Registration 72

Technology & Marketing Law Blog

JUNE 21, 2023

She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] The Trademark Infringement Claim A new gateway requirement for application of the Rogers test. 1114(1) or 15 U.S.C.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

Intepat

APRIL 18, 2022

The copyright registration certificate will be valid proof against the infringer, and the creator can use it as prima facie evidence and claim damages. Hence, copyright registration will signify the work is inaccessible to competitors. However, you can opt for trademark registration. Inaccessible to competitors.

Copyright 52

Copyright Public Domain Registration Ownership 52

The TTABlog

MARCH 10, 2022

Following long-standing precedent, the Board affirmed a refusal to register the proposed mark STRONGHOLDS & FOLLOWERS for "Role playing game equipment in the nature of game book manuals" on the ground that the mark is the title of a single work and therefore does not function as a trademark under Section 1, 2, and 45 of the Lanham Act.

Trademark 52

Trademark Registration Public Domain Publishing 52

LexBlog IP

MAY 16, 2023

An opposition that has been making its way through the Trademark Trial and Appeal Board (“TTAB”) for several years appears to have finally reached its not-so-fairytale ending. United Trademark Holdings Inc. ” [2] (emphasis added). 1] Rebecca Curtin v. 91241083 (TTAB Dec. 28, 2018). [2] 3d 1902 (Fed.

Public Domain 52

Public Domain Intellectual Property Trademark Registration 52

SpicyIP

JANUARY 8, 2024

Wrapping up the first week of 2024, here is a brief recap of our hard-hitting post on TKDL, the detailed comments on the draft Calcutta High Court IPR Division Rules, and an informative take on scandalous and obscene trademark prosecution in India. Discussing the historical foundation of refusing registration to such marks Prof.

Trademark 59

Trademark Registering Trademarks Public Domain Registration 59

43(B)log

JUNE 24, 2022

Relationship to use as a trademark; symmetry b/t types of use that might allow acquisition of rights v. U’s registration for THE for clothing and other merchandise by putting THE on a hangtag. Registration v. Much of the law is a collection of rules of thumb from registration context. types of use that might infringe?

Trademark Law 75

Trademark Law Law Trademark Registration 75

Kashishipr

MAY 25, 2021

However, there are a few additional benefits that are attached to the registration. It may not always prevent unauthorized copying; however, it may serve as a public notice by securing a public record in one’s favor. The process of seeking registration can be cumbersome and tedious. Trademarking a Blog.

Intellectual Property 98

Intellectual Property Blogging Fair Use Registration 98

The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

43(B)log

NOVEMBER 3, 2023

Although Tam rejected that argument, some of the Court seemed to have buyer’s remorse in Brunetti, recognizing that almost all of TM law is content based; if we’re going to have a registration system at all, we need to make some content based distinctions. Or abortion.

Registration 64

Registration Trademark Business Law 64

The IPKat

OCTOBER 4, 2021

In 2000, Nestlé filed an application with the Swiss Trademark Office for registration of a 3D trade mark in class 30 for coffee, coffee extracts and coffee preparations. Picture on bottom left is in the public domain. The Office registered the mark based on acquired distinctiveness. Generic license.

Public Domain 145

Public Domain Marketing Marketing Licensing 145

43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? Is the invocation of ornamentality in the infringement context simply a re-assertion of the supposed trademark use doctrine? But there is an assumption that registration = minimal distinctiveness unless validity is questioned.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

The IPKat

OCTOBER 12, 2022

A major contribution of economics to our understanding of trademarks is "search costs", generally here. This idea is that trademarks are an efficient tool for consumers because a consumer can rely on the mark, rather than having to search for sufficient information about the source of the product each time he wishes to make a purchase.

Law 126

Law Trademark Public Domain Licensing 126

SpicyIP

MAY 15, 2023

Other Posts World of Possibilities: Single Judge Bench of Delhi High Court Allows Use of Celebrity Information Available in Public Domain Delhi High Court specifies some contours of publicity rights in India! Delhi High Court Sets Aside 3 Orders from the Patent Office and the Trademark Registry, in 1 day!

Trademark 104

Trademark Registration Cease and Desist IP 104

43(B)log

JUNE 25, 2022

You only need to demonstrate that the applicant/registrant is not the proprietor of the first use. Fromer: In the US, relative examination matters—an abandoned registered mark will still block other registrations. Distinguish what a brand does from what a TM does. Gangjee: can anyone raise rule (1) from Burrell’s account in Australia?

Trademark 56

Trademark Branding Brands Branding 56

43(B)log

FEBRUARY 24, 2023

Tam & Brunetti: wiping away bars and then putting pressure on failure to function as the limit on registration. Display on front of T-shirt: ornamental, decorative; have legislature consider purposes of TM and PTO as well to be gatekeeper to protect public domain. Do we prefer reconfiguration?

Trademark 69

Trademark False Advertising Fair Use Branding 69

Kashishipr

APRIL 20, 2022

Patents, copyright, and trademarks have been the most widely recognized forms of IP to date; however, there are other forms as well, including geographical indications and industrial designs, which have been gaining attention in the past few decades.

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

43(B)log

FEBRUARY 23, 2024

Introduction: Rebecca Tushnet What might we derive from things the Court has said about trademark of late? The purpose of trademark is consumer protection; source-identification is the most relevant consideration but not the entirety of TM law. Similar with registration agencies—a firehose coming at them.

Trademark 45

Trademark Law Branding Brands 45

SpicyIP

JANUARY 9, 2023

Wheels of Trademark Go Round-and-Round: Analyzing the ‘Yezdi’ Order of Karnataka High Court. Registrar of Trademarks and Ors., whereby the court held the mark to be in custody of the court and held the registration of the mark ‘Jawa’ in favor of Respondent no. Registrar of Trademarks and Ors., Ideal Jawa (India) Ltd.

Trademark 105

Trademark IP Registration Reporting 105

SpicyIP

MARCH 27, 2023

Other posts IP Financing in India – Part I: Perfection of Security and (Non) Registration of Copyright Despite the increasing importance of intellectual property in the modern economy, there is a surprising lack of attention given to IP financing in India. Regarding the objection of the defendants that the documents related to Defendant No.

Designs 105

Designs Design Cease and Desist Art 105

Art Law Journal

JUNE 30, 2022

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. You don’t need to register the work like you would with trademarks or patents. . Although, it could receive trademark protection.).

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

The TTABlog

NOVEMBER 8, 2021

The Board has decided to take a second look at the issue of opposer's entitlement to bring a statutory cause of action in the RAPUNZEL trademark opposition. The Board disagreed, observing that "[c]onsumers, like competitors, may have a real interest in keeping merely descriptive or generic words in the public domain."

Public Domain 52

Public Domain Registration Trademark Law 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]. Jorawer Singh Mundy v.

IP 143

IP Intellectual Property Copyright Trademark 143

The IPKat

MARCH 7, 2022

Still the Circular does hold out a ray of hope, noting that- [u]nder certain circumstances, names, titles, or short phrases may be protectable under federal or state trademark laws. T]here is a compelling reason why the name or title of a book cannot be a trademark, which stems from copyright law. Still, there is value in the name.

Copyright 96

Copyright Trademark IP Public Domain 96

Technology & Marketing Law Blog

DECEMBER 27, 2023

His defense is that the work he used was free for all; after his victory, that work remains in the public domain for others to build upon. This logic seemingly extends equally to trademark cases… * Politico : “Tech giant battle means doom for small news outlets, Trudeau was warned.” March 29, 2023).

IP 73

IP Advertising Advertising Copyright 73