JD Supra Law

MARCH 23, 2022

Kilpatrick Townsend’s Ted Davis and Rita Weeks recently presented on the topic of “Combating Misrepresentations in Trademark Prosecution and Maintenance: The Trademark Modernization Act and Beyond.”

Trademark 52

Trademark 52

JD Supra Law

NOVEMBER 14, 2022

Kilpatrick Townsend's Ted Davis recently spoke at the Federal Bar Association's IP Law Fall Conference 2022 on the topic of "Petitions for Expungement or Reexamination and Other Aspects of the Trademark Modernization Act." These are the 5 key takeaways from his presentation. By: Kilpatrick Townsend & Stockton LLP

Trademark 52

Trademark IP Law 52

Erik K Pelton

DECEMBER 28, 2020

And trademarks have been along for the ride. While there were not, in my opinion, any major court developments affecting trademark owners, there have been many other events and changes that have impacted the world of trademarks over the past 12 months. The year’s biggest story impacted trademarks in a few different ways.

Trademark 130

Trademark All Rights Reserved Registration Branding 130

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.

Trademark Law 98

Trademark Law Trademark IP Blogging 98

SpicyIP

FEBRUARY 27, 2024

On the trademark side, relevant is this post by Bhavya Solanki and Medha Bhatt discussing the applicability of the fair use provisions of trademark law to the unauthorized use of trademarks in the virtual world. Then, Arundathi Venkataraman discussed the topic using the case of Garcia v. Relevant here are Arun C.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

IP Watchdog

JANUARY 27, 2022

On the latter topic, speakers contemplated what lies in wait for the U.S. Patent and Trademark Office (USPTO) Director nominee, Kathi Vidal, who is likely to be confirmed, as well as how certain the Restoring America Invents Act is to be passed, and what changes it may include.

Invention 72

Invention Litigation Trademark Patent 72

DuetsBlog

OCTOBER 18, 2023

Since November 30, 2021 , we’ve anxiously been waiting for the Federal Circuit to decide the Chutter appeal and determine whether the TTAB was correct in lowering the standard for proving trademark fraud from the far more difficult specific intent to deceive the U.S.

Registration 52

Registration Trademark 52

Technology & Marketing Law Blog

AUGUST 11, 2022

Chapter 7: Special Topics in Competitor Lawsuits. FTC and the Trademark Modernization Act. I have more to say on that topic imminently). (I I have more to say on that topic imminently). Chapter 3: False Advertising Overview. Chapter 4: Deception. Chapter 5: Which Facts Matter? Reasonable Consumers and Materiality.

Editing 119

Editing Advertising Advertising Marketing 119

IPilogue

DECEMBER 1, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. Given the significance of a company’s trademarks to its brand identity, this post is dedicated to providing some insight about trademark considerations for a corporate rebrand. Trademarks.

Business 111

Business Trademark Social Media Registration 111

SpicyIP

JANUARY 1, 2024

December 26, 2023(Delhi High Court) The plaintiffs alleged that the defendants’ trademark ‘GK WELLNESS’ and their logos, infringe the plaintiffs’ trademark ‘GK HAIR’ and sought an interlocutory injunction against the use. The defendant asserted that it is undertaking activities permissible under Section 107A of the Patents Act.

Intellectual Property 105

Intellectual Property IP Licensing Copyright 105

SpicyIP

AUGUST 27, 2021

Like last year, we kept the topic selection open to participants – asking them to choose any topic they wanted so long as it related to IP. Nonetheless, we were glad to see entries across a range of interesting topics and are very happy to see relatively uncommon topics take the podium places.

Law 137

Law IP Editing Intellectual Property 137

Kashishipr

JANUARY 12, 2022

Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection. The trend of incentivizing hashtags as trademarks began way back in 2010, and since then, the filing of such Trademark Applications has spiked globally.

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

IPilogue

DECEMBER 2, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. On June 28, 2021, the College of Patent Agents and Trademark Agents (CPATA) was established and began operating to regulate patent and trademark agents.

Government 111

Government Trademark Patent Intellectual Property Law 111

LexBlog IP

FEBRUARY 1, 2024

The case involved a lawsuit brought by Ginger Rogers over a film entitled “Fred and Ginger,” which was about two Italian cabaret performers who, in their act, emulated the dance routines of Fred Astaire and Ginger Rogers. The dispute involved a claim by Jack Daniel’s that a dog toy infringed a number of its trademarks.

Television 52

Television Trademark Registration Government 52

LexBlog IP

OCTOBER 18, 2023

Since November 30, 2021 , we’ve anxiously been waiting for the Federal Circuit to decide the Chutter appeal and determine whether the TTAB was correct in lowering the standard for proving trademark fraud from the far more difficult specific intent to deceive the U.S.

Registration 40

Registration Trademark Intellectual Property 40

SpicyIP

OCTOBER 19, 2023

In the past, much like intrepid time travelers, we journeyed through the months of June , July , and August , uncovering how some stories like the Mashelkar Report, the National Biotechnology Regulatory Authority (NBRA) Bill, the Whistleblower Act, or the Indian “Bayh Dole” Bill, unfolded with time.

Patent Prosecution 59

Patent Prosecution Reporting Blogging Patent 59

IP and Legal Filings

JULY 5, 2023

Introduction Trademarks are recognised phrases, words, or symbols that designate a certain item and lawfully distinguish it from all other items of the same type. A trademark is a valuable intellectual property that businesses use to differentiate their brand from their competitors’ in the market.

Trademark 59

Trademark Registration Branding Brands 59

IPilogue

DECEMBER 6, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. On October 5, HBC filed a statement of claim at the Federal Court of Canada against a Quebec family for trademark infringement, depreciation of goodwill, and passing off. The Zellers Trademark: Then and Now. is contravening s.

Trademark 111

Trademark Intellectual Property Intellectual Property Law Registration 111

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

The topic of interest is related to both the cellular and molecular aspects of biological objects. New products and processes fulfilling these criteria can be patented according to the Indian Patent Act. According to Indian Patent Act sec 2(1)y , the true and first inventors can file a patent. Who can file a patent application?

Patent 92

Patent Inventor Invention Intellectual Property 92

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Introducing the College of Patent Agents & Trademark Agents. On June 28, 2021 , the College of Patent Agents and Trademark Agents Act came into force. of the Patent Act on June 24, 2016.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

Technology & Marketing Law Blog

JANUARY 2, 2023

Also, did the law ban delivery services from buying keyword ads based on the retailers’ trademarks? July 21, 2022): “our cases reference “initial interest confusion” under the Lanham Act, where a seller can be held liable after hooking a consumer with a misrepresentation, even if the confusion fades before a sale is made.”

Trademark 83

Trademark Social Media Registering Trademarks Intellectual Property 83

The IPKat

DECEMBER 5, 2021

Further analysis on the topics of authorship of computer-generated works, text and data mining exception, and inventorship in case of inventions created by AIs was published on the Kluwer Copyright Blog. Other A high-end fashion brand found itself involved in a controversy last week involving the sales of traditional Indian garments.

Blogging 67

Blogging IP Intellectual Property Publishing 67

The IPKat

JULY 17, 2023

Only if either of these limbs apply will the court proceed to an assessment of likelihood of confusion, as is the ordinary course for trademark infringement actions. In fact, trademarks are often also expressive, containing hints to the relevant product’s origin or characteristics. Bad Spaniels (L), Jack Daniel's (R).

Fair Use 52

Fair Use Trademark Designs Design 52

The IPKat

JUNE 24, 2023

Hosted by Carpmaels on 28 June from 6PM, Sophie Lawrance (Bristows) and Tess Waldron (Powell Gilbert) will be looking at what these developments mean for UK litigators acting for SEP licensors and licensees in this space. The event is hybrid. To register click here.

IP 57

IP Branding Brands Branding 57

The IPKat

JULY 30, 2023

Over to Theodora: Second-hand fashion and trademark rights’ exhaustion under EU law, a guide for brand owners to “wear” this new trend by Theodora Goula Every day, more and more consumers are joining the second-hand fashion movement. However, how can trademark owners know for sure where second-hand products were initially put on the market?

Branding 97

Branding Brands Branding Advertising 97

LexBlog IP

JULY 13, 2022

On June 23 rd , 2022, the European Union Intellectual Property Office (“ EUIPO ”) published its recommendations regarding the class to be opted for when applying for a trademark designating virtual goods, non-fungible tokens (“ NFT(s) ”) and other products displayed in metaverse.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Editing Designs 52

Trademark and Copyright Law Blog

DECEMBER 1, 2021

While patents and trademarks often receive the lion’s share of an organization’s intellectual property focus, copyrights comprise a critical third prong to a healthy overarching IP strategy – even for companies whose products and services involve little or no content creation. Topics Discussed. How and when to register copyrights.

Copyright 40

Copyright Content Creation Intellectual Property Copyright Law 40

SpicyIP

MARCH 4, 2024

Controller Gen of Patents: The DHC’s Dilemma of Identifying the Method of Treatment under Section 3(i) of the Patent Act In the context of Section 3(i), the DHC recently clarified that a ‘method of treatment’ is distinct from a ‘method of producing a substance’ that can later be used in the treatment. Arthrogen v.

Invention 59

Invention Trademark IP Patent 59

The IPKat

MARCH 6, 2022

In addition, potential and tangible intersections between intellectual property and these trending topics were recently discussed by The Trademark Lawyer Magazine. In February, the Commission published its proposal for a " Data Act ", which in principle aims to revise the legal framework of Directive 96/9/EC.

Blogging 85

Blogging Non-Fungible Tokens IP Intellectual Property 85

The IPKat

JULY 4, 2021

The event will cover topics such as the European Patent Convention, computer-implemented inventions, and artificial intelligence. The UK IPO has launched a public consultation on the post-implementation review of Copyright, Designs and Patents Act 1988, regarding whether the 2016 amendments achieved their objectives.

Intellectual Property 70

Intellectual Property Journalism Social Media Intellectual Property Law 70

Selvam & Selvam Blog

APRIL 5, 2022

It refers to marketing in respect of trending topics/events usually undertaken by brands to gain traction and benefit from the popularity that the trending events have garnered. Therefore, brands constantly look to create campaigns or post about any current topic to encash on such opportunities to stay relevant and visible.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

IIPRD

APRIL 3, 2024

These are the Copyright Act, 1957; Designs Act, 2000; The Geographical Indication Act of Goods Act, 1999; and the Trademark Act, 1999. At the outset is it important to note that interpreting these legislations gives rise to uncertainty, one which forms the topic of discussion in the next section.

Artistic Work 45

Artistic Work Designs Design Copyright 45

IP Tech Blog

JANUARY 4, 2023

Can other IP rights like trademarks play a role in protecting NFTs? Copyright Act. Due to the encompassing nature of the Copyright Act, a way in which NFT owners can protect their property is likely through copyrights. The Lanham Act in a broad sense protects words, phrases, logos, symbols, shapes, sounds, colors, and more.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’ve left out the parts specific to registered trademarks and the reference to treaties. Taco Cabana, from 1992.

Trademark 59

Trademark Fair Use Registration False Advertising 59

IP and Legal Filings

MARCH 7, 2022

A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

Trademark 58

Trademark Law Registering Trademarks Branding 58

IP and Legal Filings

MARCH 7, 2022

A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

Trademark 62

Trademark Law Registering Trademarks Branding 62

LexBlog IP

FEBRUARY 26, 2023

I asked: “ What were the first trademarks? “ ChatGPT replied: The use of trademarks can be traced back to ancient times, when craftsmen and traders marked their goods with unique symbols or designs to identify their origin or quality. However, trademark protection in the U.S.

Trademark 52

Trademark Designs Design Journalism 52