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.

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.

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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.

Understanding Pakistan's date of use trademark law

IP Blog

Foreign individuals or organizations filing for trademark registration in Pakistan may find themselves curious when faced with the obligation to indicate the mark's "date of first use" in their application. Trademarks

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

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

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.

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.

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™.

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.

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™.

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

Second Circuit and the whole of the law on confusion

Likelihood of Confusion

I took some heat a little while ago for suggesting, contrary to my generally skeptical view of what constitutes trademark. The post Second Circuit and the whole of the law on confusion appeared first on LIKELIHOOD OF CONFUSION™. This is big, but stay calm. Though I hardly can.

Law 52

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™.

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.’.

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

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.

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

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.”.

Let’s brand together and make a BRANDED COMMUNITY!

Likelihood of Confusion

Brand Management and Branding Internet Law Trademarks and trademark lawAnother one: A blogger on ZDNet had a post about “enterprise communities” where the phrase “branded community” was used.

Second Life case settles

Likelihood of Confusion

Copyright Law Fair Use Internet Law Trademarks and trademark law Gaming and Virtual IPThe IMPACT® blog reports a settlement in the Second Life dispute. Originally posted 2010-03-28 10:00:14. Republished by Blog Post Promoter.

Getting to the core of the Apple / Beatles TM settlement

Likelihood of Confusion

scores trademark coup with Beatles’ label logos Originally posted 2012-03-18 14:49:21. Trademarks and trademark lawNice little bit of journalism here: Apple Inc. Republished by Blog Post Promoter.

Can Common Terms Be Trademarked?

Kashishipr

A trademark is typically a sign, logo, symbol, word, phrase, design, or combination of them, which identifies the product or service of a particular brand. To sell the product, using the brand name makes it a trademark. ’ How are then these common words registered as a trademark?

More fantasy sports litigation

Likelihood of Confusion

Fair Use Overreaching Right of Publicity Sports IP Trademarks and trademark lawWe wrote in the past about the bogus “right of publicity” issue and the unsuccessful attempt by major league sports to claim ownership in statistics and grab a piece of.

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.

Could a Trademark Search Have Saved ‘The Cleveland Indians’ Botched Rebrand?

The IP Law Blog

In this week’s episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Cleveland Indian’s attempt to rebrand as the Cleveland Guardians, and the complications that arose surrounding the new trademark.

Limited Edition Products: Can they be Protected under IP Law?

Kashishipr

A critical issue to be addressed is whether these limited-edition products can get protection under Intellectual Property (IP) law, just as regular products do, and if yes, then which is the most appropriate form of IP Protection ? Protection for Limited Edition Products under Trademark Law.

Can Trademark Protection be Extended to Cryptocurrency?

Kashishipr

The presence of cryptocurrency is constantly growing, and therefore, it needs the law to transform along with it to address its administration and execution. Several courts have had trouble in applying substantive Trademark Law to this field of technology.

On the wrong track, as usual

Likelihood of Confusion

Brand Management and Branding Trademarks and trademark law Free ExpressionJews for Jesus, the sleazy, misleading missionaries who crawl over Manhattan each summer, had to back off from their use of the MTA’s world-famous symbols. No they didn’t! Okay, I’m.

Protecting Culture in an IP-centred World

IPilogue

Emily Xiang is an IPilogue Writer, the President of the Intellectual Property Society of Osgoode, and a 2L JD Candidate at Osgoode Hall Law School. The court ultimately decided against the band because “Aboriginal rights are outside the scope of trademark law.”.

New law of trademark dilution

Likelihood of Confusion

give you the skinny on the new Trademark Dilution Act. The post New law of trademark dilution appeared first on LIKELIHOOD OF CONFUSION™. Trademarks and trademark law DilutionMy old friends at Kaye Scholer (link fixed!)

Law 52

The Concept of Family of Trademarks

Kashishipr

What is Meant by a Family of Trademarks? Trademarks are distinctive marks, symbols, or labels used to differentiate goods belonging to one entity from that of another to avoid deception concerning the origin of those goods or services. Characteristics of a Family of Trademarks.

Bombay High Court Rules that Copyright Registration of a Label is not Compulsory

Kashishipr

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. According to NTC, the SSPL label mark was only a registered trademark, and therefore, it couldn’t be used as an artistic work. Overview.

The Briefing – Bonus Olympic Episode: IOC Gets Gold in Trademark Enforcement

The IP Law Blog

In this bonus episode of the Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the stringent trademark enforcement protection for Olympic symbols, words, and phrases as well as recent lawsuits that have reinforced that protection.

Art 83

Trademarking Sounds

IPilogue

A sound can be registered as a trademark if it fulfills the function of a trademark, namely, indicating the origin of the goods and services. Even if it is a well-accepted practice in trademark law, the inherent characteristics of a sound differentiate them from word or design marks.

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.

The Briefing – Nike Threatens Fire & Brimstone Over Satanic Custom Shoe Makers

The IP Law Blog

In this week’s episode of The Briefing by The IP Law Blog , attorneys Scott Hervey and Josh Escovedo discuss the trademark litigation between Nike and a custom shoe maker, MSCHF (pronounced “Mischief”).

Nine West Asks Drag Queen Nina West to Sashay Away… From Her Trademark Application

The IP Law Blog

Global fashion brand Nine West recently filed a Notice of Opposition with the Trademark Trial and Appeal Board contesting the registration of the mark “Nina West” by a company owned by Andrew Levitt, drag name Nina West. IP Trademark Law California Nina West RuPaul’s Drag Race trademark

Can QR Codes be Trademarked?

Kashishipr

Can we Trademark QR Codes? QR codes by themselves are unable to be trademarked since Trademark Law only covers the things that allow the public to identify your goods and services easily, such as names, logos, slogans, sounds, or colors.

Will Starbucks Become the Next Corporate Sponsor of a Professional Sports Facility?

The IP Law Blog

Patent and Trademark Office to use its name in connection with “promoting business, sports and entertainment events of others” and “providing stadium and training facilities for sports and entertainment activities.”. It’s also possible that the trademark will never be used.

Refilling a Trademark: Perpetual Monopoly

IPilogue

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. .