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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Protection of Color Trademarks under the Indian Trademark Law

Kashishipr

A trademark refers to a recognizable expression, design, or sign uniquely identifying the products or services of a specific source and differentiating them from those of others. A trademark may be located on the packaging, voucher, label, or the product itself.

[Video] Developments Shaping Trademark Law with Sarah Bro

JD Supra Law

McDermott Partner Sarah Bro takes a look at developments shaping trademark law. By: McDermott Will & Emery

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.

TM Scholars' Roundable: Session 1: The Relevance of Ornamentality in Trademark Law: Acquisition of Rights

43(B)log

Relationship to use as a trademark; symmetry b/t types of use that might allow acquisition of rights v. It’s always been clear to McKenna that TM use is everywhere in TM law, but almost always implicit or found in its absence. Profound question for US law. conferences trademark

2022 IP Outlook Report: The Developments Shaping Trademark Law

JD Supra Law

Trademarks (like Gen Z), keeping us all hip.

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.

New Trademark Laws For Québec – What You Need To Know

Canadian Intellectual Property Blog

Bill 96 will have a significant impact on the use of English trademarks in the Province of Québec. Currently, it takes approximately two years for a trademark application to mature to registration in Canada. Bill 96 Quebec Quebec Government Trademarks

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 ).

Supreme Court Calls for Views of Solicitor General on Petition Involving International Reach of U.S. Trademark Law

IP Intelligence

In Abitron , the Court of Appeals for the Tenth Circuit allowed the plaintiff trademark owner to recover damages not only for the defendants’ sales of infringing products in the U.S., trademark law worldwide to purely foreign sales.” [6].

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.

NFT Suits May Blaze New Trail For Trademark Law

IP Law 360

New York federal judges who are overseeing Nike's suit against resale marketplace StockX and Hermes' case against a Los Angeles designer are on track to be the first to decide whether nonfungible tokens can infringe trademarks for physical goods

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

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

Amicus Brief filed in Vans v. MSCHF

Likelihood of Confusion

This is an important trademarks / free speech case. Free Expression Trademarks and trademark law Vans v. I got in on an edge of it! The post Amicus Brief filed in Vans v. MSCHF appeared first on LIKELIHOOD OF CONFUSION™. MSCHF

Recommended Reading: Prof. Robert A. Mikos, "Unauthorized and Unwise: The Lawful Use Requirement in Trademark Law"

The TTABlog

Mikos takes the USPTO to task in his recent Vanderbilt Law Review article, "Unauthorized and Unwise: The Lawful Use Requirement in Trademark Law" (pdf here ). There is no requirement of lawful use in the Lahnam Act and, he argues, there shouldn't be.

Supreme Court Calls for Views of Solicitor General on Petition Involving International Reach of U.S. Trademark Law

JD Supra Law

In Abitron, the Court of Appeals for the Tenth Circuit allowed the plaintiff trademark owner to recover damages not only for the defendants’ sales of infringing products in the U.S.,

Irreparable Harm, I Presume? The Trademark Modernization Act and Other Changes in Trademark Law

LexBlog IP

By Deborah A. Gubernick and Michelle Emeterio. Please click here to see the article. Intellectual Property

Supreme Court Calls for Views of Solicitor General on Petition Involving International Reach of U.S. Trademark Law

LexBlog IP

In Abitron , the Court of Appeals for the Tenth Circuit allowed the plaintiff trademark owner to recover damages not only for the defendants’ sales of infringing products in the U.S., trademark law worldwide to purely foreign sales.” [6].

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.

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

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.

But you can never leave

Likelihood of Confusion

Trademarks and trademark law Hotel California trademarkThe Eagles are suing the owners of a Mexican hotel named Hotel California, claiming it’s capitalizing off the band’s hit song of the same name. The band filed.

CNIPA Cracks Down on ‘Clout-Chasing’ Trademark Applications

IP Watchdog

On February 14, 2022, the China National Intellectual Property Administration (CNIPA) issued a notice regarding “clout-chasing” trademark applications or registrations (the “Notice”). Similar bad-faith trademark applications have not been uncommon throughout CNIPA’s history.

Free Webinar, March 10th, Noon-1PM: What Non-US Practitioners Need to Know About US Trademark Law and the Recent Trademark Modernization Act ("TMA")

The TTABlog

Slade and yours truly, The TTABlogger , will present a webinar entitled "What Non-US Practitioners Need to Know About US Trademark Law and the Recent Trademark Modernization Act ("TMA")," on March 10th from Noon to 1 PM EST , sponsored by Wolf, Greenfield & Sacks, P.C.

Free Webinar, March 10th, Noon-1PM: What Non-US Practitioners Need to Know About US Trademark Law and the Recent Trademark Modernization Act ("TMA")

The TTABlog

Slade and yours truly, The TTABlogger , will present a webinar entitled "What Non-US Practitioners Need to Know About US Trademark Law and the Recent Trademark Modernization Act ("TMA")," on March 10th from Noon to 1 PM EST , sponsored by Wolf, Greenfield & Sacks, P.C.

Through WINDOWS®, darkly

Likelihood of Confusion

Thorne, legal marketing wordsmith extraordinaire, wonders: Why would a court opinion use the magic ® symbol to refer to one registered trademark and not others? Trademark registration Brand Management and Branding Trademarks and trademark law

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.

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?

The entrepreneurship of trademark bullying

Likelihood of Confusion

I figured I must have written somewhere about that PTO trademark bullying thing — or if I didn’t, I am sure I linked to someone who did — well, I. The post The entrepreneurship of trademark bullying appeared first on LIKELIHOOD OF CONFUSION™.

Old trademarks never die…

Likelihood of Confusion

The post Old trademarks never die… appeared first on LIKELIHOOD OF CONFUSION™. Brand Management and Branding Trademarks and trademark lawThey just fade away. Mostly. Originally posted 2013-10-29 12:56:20. Republished by Blog Post Promoter.

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™.

TM Scholars' Roundtable: Session 2: Relevance of Ornamentality Elsewhere in Trademark Law

43(B)log

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? Which is the same as the problem of market definition, with which TM law has long grappled unsuccessfully and largely silently. Another way to say it: Carol Rose’s Crystals and Mud in property law. But in German law TM use is a requirement for infringement.

Redskins redux

Likelihood of Confusion

Remember the Washington Redskins trademark tussle? Section 2(a) PTO Practice Redskins Scandalous or offensive marks Trademarks and trademark lawCNBC reports that it’s back — again — and better than ever.

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™.

Nothing gained?

Likelihood of Confusion

Brand Management and Branding Trademarks and trademark law BlockShopper Frivolous Litigation Jones Day Overreaching