article thumbnail

Spanish trademark law reform

Olartemoure Blog

La entrada Spanish trademark law reform se publicó primero en OlarteMoure | Intellectual Property. Newsletter Trademarks

article thumbnail

The Year in Trademark Law – 2022 Popular Reads on JD Supra

JD Supra Law

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

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

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.

article thumbnail

CNIPA Issues Significant Draft Amendment to the PRC Trademark Law

JD Supra Law

The China National Intellectual Property Administration (CNIPA) circulated a draft amendment to the PRC Trademark Law (TML Draft Amendment) for public comment on January 13, 2023.

article thumbnail

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.

article thumbnail

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™.

article thumbnail

India, Scotland in same news story: Must be trademark law

Likelihood of Confusion

The post India, Scotland in same news story: Must be trademark law appeared first on LIKELIHOOD OF CONFUSION™. Two of the least probable Commonwealth countries* slug it out!

article thumbnail

Trademark Insight 02/2023 – European Union & Germany Current trademark law decisions from Alicante, Luxembourg and Germany.

JD Supra Law

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.

article thumbnail

Abitron v. Hetronic: Extraterritorial Application of U.S. Trademark Law

Patently-O

by Dennis Crouch The Supreme Court held oral arguments on March 21, 2023 in the international trademark case of Abitron Austria GmbH v. and will be holding arguments on March 22, 2023 in the whisky dog toy trademark case of Jack Daniel’s Property v.

article thumbnail

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.

Trademark 105
article thumbnail

Canadian Trademark Law 2022: Year in Review

JD Supra Law

Developments in practice opened new avenues for securing and enforcing trademark rights over the past year, including an “accelerated” path to trademark registration and additional guidance for invalidating bad faith registrations.

article thumbnail

China: Draft Amendments to Trademark Law foreshadow potential major changes

JD Supra Law

On 13 January 2023, the China National Intellectual Property Administration (“CNIPA”) published draft amendments to the PRC Trademark Law for public comment. This Draft marks the fifth time that the PRC Trademark Law is up for revision since its adoption in 1982.

article thumbnail

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

article thumbnail

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

article thumbnail

New paper: Bad Spaniels, Counterfeit Methodists, and Lying Birds: How Trademark Law Reinvented Strict Scrutiny

43(B)log

VIP case: Bad Spaniels, Counterfeit Methodists, and Lying Birds: How Trademark Law Reinvented Strict Scrutiny Abstract: Does trademark law cover noncommercial speech, defined as it is in First Amendment doctrine as speech that does more than merely propose a commercial transaction?

article thumbnail

2022 Trademark Law Recap: NFTs, Distinct Branding, and the First Amendment

JD Supra Law

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.

article thumbnail

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.

article thumbnail

[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

article thumbnail

Trademark Insight - January - Current trademark law decisions from Germany, Alicante and Luxembourg

JD Supra Law

Trademark Insight. With this format, we will be informing you at regular intervals about current trademark law decisions of German courts, the EUIPO and the European Union Courts.

article thumbnail

This Week in Washington IP: Balancing the First Amendment and Trademark Law, Preserving Biopharmaceutical Innovation, and Evaluating AI-Generated Art

IP Watchdog

Elsewhere, the Hudson Institute is holding an event one day before the Supreme Court hears oral arguments in a case that could have big implications for trademark law.

article thumbnail

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.

article thumbnail

Online Influencers, Knockoff Handbags, Drunk Elephants, and Dog Poop: This Week in Trademark Law at the U.S. Supreme Court

JD Supra Law

The Supreme Court heard oral argument this week in not one, but two trademark cases with huge implications on commercial activity in the U.S. and abroad.

52
article thumbnail

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.

article thumbnail

Outcomes of Prominent NFT Disputes in the U.S May Give Rise to New Interpretations of Canadian Trademark Law

IPilogue

Areeb Daimee is a 2L JD candidate at the University of Western Ontario Faculty of Law. These disputes are a recent and growing issue in intellectual property law that requires Canadian courts’ examination.

article thumbnail

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 ).

article thumbnail

Trademark Insight - December 2022 - Current trademark law decisions from Germany, Alicante and Luxembourg

JD Supra Law

Trademark Insight. With this format, we will be informing you at regular intervals about current trademark law decisions of German courts, the EUIPO and the European Union Courts.

article thumbnail

The Long Arm of Trademark Law: Where do we draw the line?

JD Supra Law

Can a United States court really award tens of millions of dollars in damages for violation of US trademark law under the Lanham Act where the conduct at issue did not even take place in the United States?

article thumbnail

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

article thumbnail

2022 IP Outlook Report: The Developments Shaping Trademark Law

JD Supra Law

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

article thumbnail

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.

Editing 74
article thumbnail

Hashtag or Pound? One Law Firm’s Quest to Trademark #law

JD Supra Law

How would you pronounce #law? Is it “hashtag law,” as the PTO examiner suggested would be the most common understanding, or “pound law,” as alleged by the unsuccessful registrant of #law as a service mark.

article thumbnail

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

article thumbnail

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

article thumbnail

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.

article thumbnail

Online Influencers, Knockoff Handbags, Drunk Elephants, and Dog Poop: This Week in Trademark Law at the U.S. Supreme Court

LexBlog IP

The Supreme Court heard oral argument this week in not one, but two trademark cases with huge implications on commercial activity in the U.S. require the Court to consider exactly how far trademark law can go in regulating conduct in the face of competing public policy interests.

article thumbnail

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.

article thumbnail

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].

article thumbnail

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.

article thumbnail

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

article thumbnail

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.,

article thumbnail

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

article thumbnail

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

article thumbnail

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