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.

Trademark Law: The Dismal Science

Likelihood of Confusion

The Tata Group put out this press release about a trademark decision that some people seem to think is funny. The post Trademark Law: The Dismal Science appeared first on LIKELIHOOD OF CONFUSION™.

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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.

Trademark Law Moves Online: “MetaBirkin” Updates

IPilogue

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? Blogs IP Trademarks Hermès metaverse Nancy Chen NFTs trademark trademark infringement

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

Likelihood of Confusion

The post WAL-ZYR versus ZYRTEC: Allergic to legislating trademark law? Private Brands and Trademarks Wal-Zyr ZyrtecI have no problem using the TTABlog for a blog launching point every week. Why would I when I can riff on a post such as this one, about an.

Trademark Law Alone Won't Stop Copycat THC Edibles

IP Law 360

Current trademark law isn't sufficient to put a stop to copycat THC edibles that are making thousands of kids in the U.S. sick, many of whom are tricked into consuming them because they are packaged just like name-brand snacks, experts said Thursday

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.

[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

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.

Apple’s Dynamic Use of Trademark Law and Jamaica for its Dynamic Island Feature

IPilogue

Alice Xie is an IPilogue Writer and a 1L JD Candidate at Western University’s Faculty of Law. Interestingly, Apple first filed the trademark for Dynamic Island with the Jamaican Intellectual Property Office (“JIPO”) back in July before filing it in the U.S. Trademark Act

Client Alert: Supreme Court to Address International Reach of U.S. Trademark Law

JD Supra Law

brand owners seeking to enforce trademarks abroad — namely, whether brand owners may file suit in U.S. trademarks or whether brand owners must rely on foreign trademark rights and on foreign courts for enforcement.

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.

2022 IP Outlook Report: The Developments Shaping Trademark Law

JD Supra Law

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

Justices Set Sights On Reach Of US Trademark Law

IP Law 360

Supreme Court has agreed to hear a challenge to a $113 million verdict an Oklahoma maker of radio control systems won in a trademark fight against its former partners in Europe, a dispute that has the potential to change how brand owners use U.S. The U.S.

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 ).

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

Solicitor General Recommends that Supreme Court Accept Review of Case Involving Extraterritorial Reach of U.S. Trademark Law

JD Supra Law

trademark law. trademark owner can recover damages for infringing sales outside the U.S. ​​​​​​​In a May 2022 post, we noted that the Supreme Court called for the views of the Solicitor General on whether to accept review of Abitron Austria GmbH v. Hetronic International, Inc.,

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.

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.

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].

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

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

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

Solicitor General Recommends that Supreme Court Accept Review of Case Involving Extraterritorial Reach of U.S. Trademark Law

IP Intelligence

trademark law. trademark owner can recover damages for infringing sales outside the U.S. trademark owner otherwise would have made. trademark law “provide[s] a remedy for a foreign defendant’s use of a plaintiff’s U.S. trademark law, allowing U.S.

Solicitor General Recommends that Supreme Court Accept Review of Case Involving Extraterritorial Reach of U.S. Trademark Law

LexBlog IP

trademark law. trademark owner can recover damages for infringing sales outside the U.S. trademark owner otherwise would have made. trademark law “provide[s] a remedy for a foreign defendant’s use of a plaintiff’s U.S.

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

The dark side clouds everything

Likelihood of Confusion

Costumes and Clothing George Lucas Star Wars Stormtrooper Trademarks and trademark lawI am fascinated with IP disputes over costumes, and have written about a few of them. I have also linked to this piece by Bill Patry, which would seem to.

IP 82

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.

Sealed with a fist

Likelihood of Confusion

Fair Use Free Expression Trademarks and trademark law OverreachingI kvetch a lot about the mania for dubious “IP enforcement” by government agencies such as New York’s Metropolitan Transit Authority, which really should both know better and which have.

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.,

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

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

The Briefing by the IP Law Blog: Hermès Tries to Bag Digital Designer Selling MetaBirkin NFTs

The IP Law Blog

Hermès is suing an artist for trademark infringement over his series of digital artworks called MetaBirkins. Scott Hervey and Josh Escovedo discuss the case on this episode of The Briefing by the IP Law Blog.

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.

Best of 2007: Second Circuit’s “narrowness” embarrasses McCarthy

Likelihood of Confusion

Michael Atkins reports that the colossus of American trademark law, J.T. Trademarks and trademark law Famous Marks Doctrine ITC Limited McCarthy on Trademarks PunchginiPosted on July 25, 2007.

Best of 2005: Reversal Strummed Up in Gibson Guitars Case

Likelihood of Confusion

Trademarks and trademark law Gibson Guitar Music Trade DressThe AP reports: NASHVILLE, Tenn. Nashville-based Gibson Guitar Corporation has lost a legal battle. A federal appeals court has ruled that a competitor‘s copy of Gibson’s popular Les Paul model.

MTA’s way or the highway

Likelihood of Confusion

Fair Use MTA IP Overreaching Public Entities Trademarks and trademark lawI’ve been watching these guys at the MTA and their IP enforcement program for a while now. Once was for a client, who, regrettably, didn’t want to fight. I first. The post MTA’s way or the highway appeared first on LIKELIHOOD OF CONFUSION™.