Distinctiveness in Trademark Law

azrights

As trademarks give their owners a monopoly right to identify their products or services an important caveat about them is that they must be distinctive. For example, Pizza Express is trademarked. Hence Pizza Hut is also a registered trademark.

What makes a trademark law firm successful?

Erik K Pelton

The post What makes a trademark law firm successful? A lot of elements going into making our firm what we are and making it successful. More than just inputs and outputs, work and fees.

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Genus-Species in Trademark Law Usage

Patently-O

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. 2021 ).

Canadian Trademark Law 2021: A Year in Review

JD Supra Law

2021 offered many lessons to Canadian trademark owners including: reminders of the challenges of enforcing inherently weak trademarks and the importance and benefits of registering IP rights at the Canadian border.

Book review: Research Handbook on Trademark Law Reform

The IPKat

We soon learn that "Trademark Law Reform" refers to aspirations to tackle contemporary problems in trade mark law worldwide, whether by means of legislative overhaul or not, put to paper by some of the world's leading experts.

Analyzing Smell Trademarks: Laws, Significance and Issues

IP and Legal Filings

The inculcation of such features into products and services has snowballed into the rise of a separate class of trademarks known as ‘non-conventional trademarks’. Global and Indian laws concerning smell trademarks. Smell marks and Indian trademark laws.

Best of 2013: WAL-ZYR versus ZYRTEC: Allergic to legislating trademark law?

Likelihood of Confusion

The post Best of 2013: WAL-ZYR versus ZYRTEC: Allergic to legislating trademark law? Private Brands and Trademarks Private brands Wal-Zyr ZyrtecFirst published February 14, 2013. I have no problem using the TTABlog for a blog launching point every week.

Likelihood of Confusion in Trademark Law: Richard Kirkpatrick wrote the book (again)

Likelihood of Confusion

Kirkpatrick of Pilsbury Winthrop, who has — through the Practising Law Institute — has come out with the second edition of Likelihood of. The post Likelihood of Confusion in Trademark Law: Richard Kirkpatrick wrote the book (again) appeared first on LIKELIHOOD OF CONFUSION™. [Revised — RDC.] Congratulations to Richard K.

Short Musings on Tensions between Trademark Law and the Luxury Fashion Market

JIPEL Copyright Blog

Trademark litigation in the fashion world is not a novel concept. For decades, Adidas has been engaging in a long list of trademark infringement cases in the US and across the world. Fashion JIPEL Blog 2021-2022 Trademark

Does Trademark Law Make Collaborations Too Ruff?

Intellectual Property Brief

The increasing number of dog-related trademark claims raises an interesting question of brand collaboration. Daily Blog Trademark #dogs #intellectualProperty #jackdaniels #louisvuitton #tootsiepop

Changes to Federal Trademark Law and Their Effective Dates Under the Trademark Modernization Act and its Implementing Regulations

JD Supra Law

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.

Understanding the latest adjustments to Romania's trademark law

IP Blog

More than two years ago, Romanian legislators introduced the initial draft of Law 112 in an effort to integrate the European Union (EU) 2015 Trademark Directive (Directive 2015/2436) with national law. Trademarks

MarkIt to Market® - November 2021: "Say What Again?": Pulp Fiction Shows us Where NFTs Meet Trademark Law

JD Supra Law

Quentin Tarantino, director of the 1994 Pulp Fiction movie, announced in a press release on November 2, 2021 that he was offering uncut, exclusive scenes to the movie as “secret NFTs.” He and his organization launched a “Tarantino NFTs” Twitter account and website, [link] for the sale.

Booking.com Court Decision: Consumer Perception is "Key" in Trademark Law

GDB Firm Blog

Yesterday, the United States Supreme Court issued a decision in the Booking.com case

Supreme Court Boots Australian Boot Maker’s Appeal for Attempting to Use Ugg’s Trademark

The IP Law Blog

In this episode of The Briefing from the IP Law Blog , Scott Hervey and Josh Escovedo discuss a trademark dispute between UGG and an Australian shoemaker who attempted to sell a boot called “UGG”. Trademark Law Supreme Court trademark UGG

Trademarks: The IP that isn’t IP

Likelihood of Confusion

The post Trademarks: The IP that isn’t IP appeared first on LIKELIHOOD OF CONFUSION™. Trademarks and trademark law Ed Timberlake Intellectual PropertyI have asked, begged, cajoled and — well, no I haven’t threatened Ed Timberlake; who could do that?

Locking it down

Likelihood of Confusion

Startups Brand Management and Branding NDA's Trademark not a Verb Trademarks and trademark lawEvery lawyer who practices in the intellectual property area is asked frequently how to go about protecting a unique or creative idea that someone fears is at risk of being.

Restaurant knockoffs

Likelihood of Confusion

Trademarks and trademark law Distinctiveness Likelihood of confusion OverreachingMichael Atkins writes about the frustrations of a restaurant owner who seems to think — oddly, for someone who’s already hired a lawyer — he can’t stop someone from copying.

Trademark rights in interdigitization

Likelihood of Confusion

Nick Daly drops me a note to the effect that one Jay-Z, gazillionaire rhyming scatologist, has been sued by a professional perspirer and leaping stage goon called Diamond Dallas Page — The post Trademark rights in interdigitization appeared first on LIKELIHOOD OF CONFUSION™.

Bully for who?

Likelihood of Confusion

Anyway, my article on trademark bullying first published in January’s Intellectual Property Magazine and excerpted in this previous post, is now available free and easy. IP Overreaching Trademarks and trademark law Super Bowl Trademark Bullies

Taking the IP Train

Likelihood of Confusion

last week that New York’s Metropolitan Transit Authority is scrambling to enforce trademark rights in its wide array of iconography, including the. Brand Management and Branding Trademarks and trademark law Big Thoughts MTA IP Overreaching Rent Seeking

Phantoms, zombies and the big problem with trademark use (Best of 2017)

Likelihood of Confusion

I’ve got trademark use on the brain! Maybe it’s the Belmora effect — the result of living in a world in which use of a trademark in. The post Phantoms, zombies and the big problem with trademark use (Best of 2017) appeared first on LIKELIHOOD OF CONFUSION™.

Can You Trademark A Hashtag?

Kashishipr

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. Why Take the Trademark Route? The trademark utilizing the hashtag must be distinctive in nature.

No one blinks

Likelihood of Confusion

Reuters reports that the Tiffany trademark suit against eBay is really going to trial. Internet Law Trademarks and trademark law Counterfeiting & Piracy Secondary LiabilityReally! I am sure no one expected this. I certainly didn’t.

Not in the good way

Likelihood of Confusion

Ryan Gile reports about a case that deals with real trademark fraud, and that makes it matter: I have previously written (link here) about the ongoing dispute between Roy Tuccillo. Trademarks and trademark law Japonaise

Protecting Cannabis Trademarks: Marijuana, CBD, Hemp

Traverse Legal Blog

Even though the United States Patent and Trademark Office (USPTO) does not currently allow federal trademark registration for goods or services that violate federal law, it does allow federal trademark registration for cannabis and cannabis-related goods and services if the use in commerce is lawful.

The trademark year that was

Likelihood of Confusion

The post The trademark year that was appeared first on LIKELIHOOD OF CONFUSION™. Trademarks and trademark law John WelchOur hero John Welch is the guest on this podcast thingy (you know I’ve never really understood that stuff — “pod”?)

Immoral / scandalous test lives at PTO

Likelihood of Confusion

Trademarks and trademark law PTO Practice Scandalous or offensive marksJohn Welch reports on a denial of a Spanish-language mark upheld on that basis, which continues to puzzle me, though it does not bother me in the least. Welch, ever.

3D Shape Trademark on Cars

Kashishipr

Trademarks indicate the origin of a product. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. The High Court dismissed an appeal from JLR after its trademark applications were refused by the UKIPO.

All wet

Likelihood of Confusion

Places - Geographical Descriptions and Trademarks Surf City Trademarks and trademark lawWordlab has the latest on the surf wars. Originally posted 2011-02-28 11:31:03. Republished by Blog Post Promoter. The post All wet appeared first on LIKELIHOOD OF CONFUSION™.

Prince Estate Wants Winery’s ‘Purple Rain’ Trademark Back in the Bottle

The IP Law Blog

In this week’s episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a legal dispute between the Prince estate and an Ohio-based winery over the rights to the trademark “Purple Rain.”.

Best of 2009: “Adverference?”

Likelihood of Confusion

Copyright Law Internet Law LIKELIHOOD OF CONFUSION® Trademarks and trademark law Best of the Year Big Thoughts Fair Use Initial Interest Confusion

Redskins redux 2

Likelihood of Confusion

I didn’t have a chance to mention that last month, the order denying the legal challenge to the Washington Redskin’s use of its trademark American Indian logo was upheld. Section 2(a) PTO Practice Redskins Scandalous or offensive marks Trademarks and trademark law

NCAA Erects Challenge to ‘Vasectomy Mayhem’ Trademark

The IP Law Blog

In this week’s episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the NCAA’s decision to petition a trademark held by a Urology office due to its alleged likeness to its own trademarks, ‘March Mayhem’ and ‘March Madness.’.

Mark their words

Likelihood of Confusion

Free Expression Trademarks and trademark law ISLAMIZATION PTO Practice Stop the Islamization of America

Keeping an Eye on Warby Parker Adwords Trademark Infringement Lawsuit

The IP Law Blog

In this week’s episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit filed by 1-800 Contacts that accuses Warby Parker of buying search-engine keywords for “1-800 Contacts” to misdirect customers to its competing online store.

The Ninth Circuit Comes Through

Likelihood of Confusion

Diversion Trademarks and trademark lawIt rejects the stupid and unconstitutional argument that “commercial use” under the Lanham Act’s dilution provisions can be found where there is simply “diversion.” ” Originally posted 2013-07-10 14:26:04.

Yes, you can get your trademark judgment enforced in a foreign country!

Likelihood of Confusion

The post Yes, you can get your trademark judgment enforced in a foreign country! Trademarks and trademark law Canada Enforcement JudgmentsUh, not really. Not in this lifetime. But you can get it enforced in Canada, which is the next best thing.

The only unmentionable trademark?

Likelihood of Confusion

Evidently Daman Wayans’s attempt to file a trademark application for the word “Nigga” continues to hit a brick wall. The post The only unmentionable trademark? Section 2(a) Nigga Nigger PTO Practice Scandalous Marks Trademarks and trademark law

Trademarks, copyright, brand equity, and rent-seeking: Soapbox 2010

Likelihood of Confusion

From last week’s INTA Trademark Topics email discussion list. The post Trademarks, copyright, brand equity, and rent-seeking: Soapbox 2010 appeared first on LIKELIHOOD OF CONFUSION™. IP Overreaching Brand Management and Branding Rent Seeking Trademarks and trademark lawOne name has been changed to protect the innocent, and the links, by way of annotation, have been added, as have.

Google me this II

Likelihood of Confusion

We blogged a week or so ago (before I got bogged down in this trial — still in progress [UPDATE]) about Google’s trademark challenges. Trademarks and trademark law Google Keyword Advertising

Saving your Mark from Trademark Genericide

Kashishipr

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. What is Genericide of a Trademark? It takes several years before a trademark becomes a victim of genericide.

This Isn’t One, Either. Heavens, No.

Likelihood of Confusion

Bill Heinze’s I/P Updates blog reports about a trademark registration you can see at the erstwhile movie pirating website LokiTorrent.com. Copyright Law Trademarks and trademark law