JD Supra Law

OCTOBER 6, 2023

If you are in business and use a word, phrase, symbol, design, or any combination of these to identify your goods or services, you have a trademark and need to consider "What does trademark law protect against?". By: Whitcomb Selinsky, PC

Trademark Law 112

Trademark Law Trademark Law Design 112

JD Supra Law

JANUARY 2, 2023

A quick look at some of the most widely read Trademark Law updates and commentary published on JD Supra throughout 2022. By: Beacon Insights by JD Supra

Trademark Law 116

Trademark Law Trademark Law Publishing 116

JD Supra Law

JULY 1, 2024

Trademark law continues to be the cornerstone of brand identity. One concept that introduces a unique set of challenges in trademark law is “tacking.” Tacking is the ability of a trademark owner to modify their mark without forfeiting its priority status.

Trademark Law 99

Trademark Law Branding Brands Branding 99

The TTABlog

MAY 6, 2025

The Trademark Reporter has published its "Annual Review of European Trademark Law," with contributions from an impressive roster of authors from across Europe. The volume may be downloaded here.

Trademark Law 45

Trademark Law Reporting Trademark Law 45

Plagiarism Today

NOVEMBER 7, 2023

Here's what copyright and trademark law say about what is next. The post Copyright, Trademark and the Future of Zero Punctuation appeared first on Plagiarism Today. The long-running YouTube series Zero Punctuation has come to an abrupt end.

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Trademark Copyright Plagiarism Trademark Law 312

Erik K Pelton

APRIL 22, 2025

The following is an edited transcript of my video Trademark Tips for Journalists. Journalists consistently struggle with some of the nuance, terminology and language of trademark law. All of these things have significant meanings and differences that are important in the world of trademark law.

Trademark 130

Trademark Registering Trademarks Trademark Law Registration 130

IPilogue

JANUARY 26, 2023

With the rise of significant non-fungible token (“NFT”) trademark disputes taking place in the United States, Canada is looking towards the outcomes of those cases in order to interpret Canadian trademark law in relation to NFTs. Canadian courts may need to wait for a concrete answer from their U.S counterparts.

Trademark Law 115

Trademark Law Non-Fungible Tokens Trademark Law 115

The TTABlog

OCTOBER 12, 2023

The Franklin Pierce Center for Intellectual Property at the University of New Hampshire Franklin Pierce School of Law invites you for its upcoming trademark law symposium, "Section Two Small: Exploring the New Constitutional Limits on Trademark Law" on Friday, November 3, 2023.The Full program here.

Trademark Law 105

Trademark Law Law Trademark Intellectual Property 105

Plagiarism Today

JUNE 8, 2023

A new Supreme Court decision may mean some major changes for trademark law and might seem eerily familiar to those who have been watching. The post Poop Jokes, Jack Daniel’s and Trademark appeared first on Plagiarism Today.

Trademark 246

Trademark Plagiarism Trademark Law Law 246

Erik K Pelton

FEBRUARY 6, 2025

February 6, 2025 Erik M Pelton & Associates, PLLC (EMP&A), a leading trademark law firm dedicated to protecting brands, is proud to announce the successful registration of U.S. This patent represents just one of many ways the firm is committed to enhancing client experiences and delivering exceptional trademark services.

Trademark 147

Trademark Patent Registration Trademark Law 147

IP and Legal Filings

FEBRUARY 2, 2024

As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited. DB) [9] AIR 2016 SC 461 [10] MANU/MH/1859/2017 [11] W.P.(C).

Trademark Law 98

Trademark Law Trademark Law Service Mark 98

IPilogue

NOVEMBER 15, 2022

Does this count as an artistic expression protected under First Amendment rights of expression and speech, or is it a trademark infringement upon a beloved fashion icon? Nancy Chen is an IPilogue Writer and a 2L JD/MBA Candidate at the University of Toronto. Imagine a Birkin bag – an iconic, timeless piece that arguably embodies luxury.

Trademark Law 105

Trademark Law Trademark Non-Fungible Tokens Law 105

JD Supra Law

AUGUST 8, 2024

Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Suit Against Prime Hydration Highlights Olympic Trademark Law - It happens once every four years, when the world’s elite athletes come together to wow us with their superhuman feats in summer sports … and trademark lawyers (..)

Trademark Law 94

Trademark Law Trademark Law IP 94

The TTABlog

MAY 2, 2024

The Trademark Reporter has published its "Annual Review of European Trademark Law," with contributions from an impressive roster of authors from across Europe. The volume may be downloaded here.

Trademark Law 75

Trademark Law Reporting Trademark Law 75

JD Supra Law

MAY 13, 2025

It is a basic tenet of trademark law that rights are jurisdictional. Trademark owners only have rights in the mark in the jurisdictions in which they have registered (or, in some cases, used) the mark. By: Farella Braun + Martel LLP

Trademark 68

Trademark Registration Trademark Law Law 68

IP and Legal Filings

JANUARY 8, 2025

Introduction Customs law and trademark law operate at a crucial interface when it comes to protecting intellectual property rights (IPRs) and against counterfeiting. The Trademarks Act, 1999, gives trademark protection to the identity of brands.

Trademark 59

Trademark Law Trademark Law Intellectual Property 59

JD Supra Law

FEBRUARY 20, 2024

Trademarks protect indicators of source. Can a creative work also act as a trademark? Copyrights protect creative works. Yes, and the character of Mickey Mouse as portrayed in Disney’s animated classic Steamboat Willie is a perfect case study in the concept of overlapping protections. By: Amundsen Davis LLC

Trademark Law 111

Trademark Law Trademark Copyright Law 111

JD Supra Law

JANUARY 16, 2023

NON-FUNGIBLE TOKENS AND TRADEMARK INFRINGEMENT: WHERE DOES THE LAW STAND? StockX, LLC, Nike filed a trademark infringement lawsuit against StockX, LLC, an online resale sneaker retailer, in February 2022 in the U.S. District Court for the Southern District of New York.

Non-Fungible Tokens 102

Non-Fungible Tokens Trademark Law Intellectual Property Law Trademark 102

The Illusion of More

FEBRUARY 13, 2025

That title riffs on the term of art in trademark law known as likelihood of confusion.

Trademark Law 83

Trademark Law Art Design Designs 83

JD Supra Law

FEBRUARY 28, 2025

Supreme Court unanimously vacated a nearly $43 million award in a trademark dispute that raised the question of whether a defendants affiliates could be held liable for payment of a disgorged profits award even if they were not named as defendants in the case. By: Fox Rothschild LLP

Trademark 68

Trademark Trademark Law Law 68

JD Supra Law

MARCH 4, 2025

While much has been written on the subject of copyright law and the numerous gray areas that will need to be addressed by the U.S. Copyright Office, Congress, and the courts in the next decade fortunately, the application of GenAI to trademark law is more straight-forward. By: Flaster Greenberg PC

Trademark 68

Trademark Intellectual Property Law Intellectual Property Trademark Law 68

IP and Legal Filings

NOVEMBER 12, 2024

One of the most effective ways to protect your brand and all that it owns, including distinctive features, is through the registration of a trademark. Trademark law grants legal protection of your business name, logo, or slogan against other individuals using the same with regard to protection over intellectual property.

Trademark 97

Trademark Branding Brands Branding 97

JD Supra Law

JANUARY 27, 2025

Loh deliver a roundup of Canadian trademark law, highlighting some of the most important new cases and practice directions from 2024. Join us for an insightful session as our presenters Pelle Berends, Tierney G.B. Deluzio, Meika Ellis and Kwan T. These are the key cases and legal developments that brand owners ought to know.

Trademark Law 62

Trademark Law Trademark Law Branding 62

JD Supra Law

APRIL 9, 2024

The UK Court of Appeal has for the first time chosen to diverge from a decision of the Court of Justice of the European Union ("CJEU"), making use of the powers given to it following the UK's exit from the European Union. By: Jones Day

Trademark Law 81

Trademark Law Law Trademark 81

JD Supra Law

MARCH 11, 2025

This presentation will cover key updates in copyright and trademark law, the impact of artificial intelligence, new guild agreements, recent California legislation, the evolving right of publicity, and notable defamation cases.

Copyright 73

Copyright Trademark Law Trademark Law 73

JD Supra Law

MARCH 21, 2023

Dear Readers, Last month again saw some interesting decisions, which we have compiled for you in the current issue of TRADEMARK INSIGHT. Below you will find our summaries of decisions of the BPatG, the EUIPO Boards of Appeal and the EUGC.

Trademark 98

Trademark Trademark Law Law 98

Likelihood of Confusion

FEBRUARY 10, 2025

However, that setbackdid not dissuade him from continuing to push against trademark law limitations. Recently, the USPTO issued a trademark registration certificate for his sensory mark. Republished by Blog Post PromoterFrom Dennis Crouch: Carl Oppedahl lost his case to register themark patents.com.

Trademark Law 52

Trademark Law Music Registration Blogging 52

JD Supra Law

JANUARY 10, 2025

On December 27, 2024, the Korean National Assembly passed a proposed amendment to the Trademark Act (Amendment) which will be enacted six months following the date of promulgation. Originally published by Kim & Chang. By: Dorsey & Whitney LLP

Trademark Law 73

Trademark Law Trademark Law Publishing 73

The IPKat

FEBRUARY 14, 2025

Best Patent Book Terrell on the Law of Patents, 20th edition Sweet & Maxwell by Andrew Waugh KC, Douglas Campbell KC, Tim Austen, Tom Hinchliffe KC, Tom Mitcheson KC (reviewed by The IPKat here ) Best Copyright Book The Routledge Companion to Copyright and Creativity in the 21st Century Routledge eds.

Intellectual Property Law 78

Intellectual Property Law Intellectual Property Editing Trademark Law 78

IP and Legal Filings

DECEMBER 3, 2024

For instance, they need to research the target countries in terms of the legal and market conditions; understand local trademark laws and requirements; and seek professional help in order to navigate potential pitfalls. To get a complete benefit of the Madrid Protocol, companies need to be strategic.

Registration 97

Registration Trademark Intellectual Property Branding 97

JD Supra Law

DECEMBER 28, 2023

In October, 2023, Korea passed a new trademark law to add flexibility to its strict trademark registration requiring that later-filed marks need to be completely unique from existing senior marks.

Trademark 120

Trademark Intellectual Property Trademark Law Registration 120

IP Watchdog

DECEMBER 26, 2023

This year has seen a bonanza of significant trademark decisions, including several high- profile decisions from the Supreme Court. trademark law, yet in most cases returned to basic principles of trademark law to resolve the open issues.

Trademark 119

Trademark Trademark Law Law Government 119

Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Halloween costumes sit at an interesting and muddled intersection between copyright and trademark law. Copyright and Halloween Costumes. Bottom Line.

Trademark 279

Trademark Copyright Cease and Desist Copying 279

Patently-O

MARCH 12, 2025

March 12, 2025) In an interesting trademark decision, the Federal Circuit has clarified that terms once considered generic do not necessarily remain permanently unregistrable. provides important guidance on genericness timing and addresses a question of first impression in trademark law.

Trademark 66

Trademark Registration Branding Branding 66

IP Watchdog

JUNE 13, 2023

Today, the International Trademark Association (INTA) published an amicus brief filed with the Court of Justice of the European Union (CJEU) in a case that should have major implications for the effects of Brexit on EU trademark law.

Trademark 118

Trademark Intellectual Property Trademark Law Publishing 118

SpicyIP

FEBRUARY 4, 2025

Though the merits of the first to use system in trademark law may be debatable, in case of marks that are not arbitrary (like ZEO abbreviating Zero Emission Option), timely market positioning becomes a critical factor in decision-making. This might be a lesson for several entities prodding into novel markets.

Trademark 107

Trademark Marketing Marketing Trademark Law 107

Erik K Pelton

DECEMBER 8, 2022

The purpose of trademark law is to indicate the source of a product or service. Because we use it in a variety of different manners—and extensively—we believe that it is a trademark usage. Just using it as an emoji for messaging communications on a phone is going to be much more challenging.

Trademark 182

Trademark Social Media Editing Trademark Law 182