IP and Legal Filings

OCTOBER 23, 2023

Businesses may find it challenging to enforce trademark rights in online marketplaces because it can be challenging to locate infringers and hold them accountable. Effective trademark enforcement is essential in this situation for protecting the goodwill and financial interests of legitimate businesses.

Marketing 87

Marketing Marketing Trademark Registration 87

Erik K Pelton

MARCH 11, 2022

In our continuing effort to combat trademark scams and raise awareness of this important issue, we have recently submitted comments to the FTC. Because there are many types of fraud and government impersonation, only a handful of other commenters mentioned trademark issues. ” More than 100 comments were submitted. About Erik M.

Government 147

Government Business Trademark Blogging 147

The TTABlog

OCTOBER 18, 2023

The Board denied a petition to cancel a registration for the mark TORPEDO JUICE for "Alcoholic beverages, except beer; Gin; Liquor; Rum" because Petitioner Oregon Grain failed to prove prior trademark rights in support of its Section 2(d) claim, and failed to provide any evidence to support its nonuse claim. See Otto Roth.

Branding 70

Branding Brands Branding Registration 70

Intellectual Property Law Blog

MAY 2, 2023

Further, the joint statement reiterates that these agencies “take seriously our responsibility to ensure that these rapidly evolving automated systems are developed and used in a manner consistent with federal laws, and each of our agencies has previously expressed concern about potentially harmful uses of automated systems.”

Government 237

Government Business Licensing Copyright 237

Technology & Marketing Law Blog

DECEMBER 9, 2022

Someone has referred you here because you’ve said something wrong about the laws related to web scraping in the United States. The law related to web scraping is far too nuanced to make such a declarative statement. The law related to web scraping is far too nuanced to make such a declarative statement. Don’t worry!

Blogging 116

Blogging Law Contracts Cease and Desist 116

IP and Legal Filings

SEPTEMBER 20, 2023

Copying designs as well as creating replicas of any sort which closely resemble the general composition or the original blueprint infringes the right of the creator. To counter this issue laws are placed so that the original ideas can be protected. What Is Copyright? Furthermore, protect it from any kind of misuse.

Designs 92

Designs Design Copyright Copyright Infringement 92

LexBlog IP

AUGUST 16, 2023

Essential Benefits of Trademark Registration – Part 2 This is the second in a series of posts about the benefits of having your trademark registered. One of the most compelling reasons to register a trademark is the exclusive rights it confers upon the owner. What about state registration?

Registration 40

Registration Branding Brands Branding 40

Intepat

MAY 16, 2023

However, the question of who holds the rights to these photographs and whether they can be used for commercial gain remains a complex and contentious issue. This brings us to the question of whether the usage of such photographs is lawful or not, regardless of the person being a celebrity. What are Publicity Rights?

Branding 98

Branding Brands Branding Personality Rights 98

SpicyIP

FEBRUARY 10, 2023

Image from Rick Harrison, here Our readers may be aware of Section 12 in the Trademark Act 1999 which allows the registration of identical or similar trademarks by more than one proprietor in case of honest concurrent use of some special circumstances. Kei Industries (KEI-2) from DHC which overruled KEI-1. Raman Kwatra et al.

Trademark 119

Trademark Registration Trademark Law Law 119

IP and Legal Filings

AUGUST 11, 2023

Introduction Trademarks are no longer confined to words, numbers, or devices. This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] 7] Is Braille a ‘Mark’ ?

Trademark 82

Trademark Registration Intellectual Property Intellectual Property Law 82

Erik K Pelton

DECEMBER 28, 2020

And trademarks have been along for the ride. While there were not, in my opinion, any major court developments affecting trademark owners, there have been many other events and changes that have impacted the world of trademarks over the past 12 months. The year’s biggest story impacted trademarks in a few different ways.

Trademark 130

Trademark All Rights Reserved Registration Branding 130

IP Tech Blog

JANUARY 4, 2023

Securing the right IP protection for an NFT will be key to its successful commercialization and exploitation by the creator and its owner. IP Rights and NFTs. What is the intellectual property right that most suits NFTs? Can other IP rights like trademarks play a role in protecting NFTs? The United States.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’ve left out the parts specific to registered trademarks and the reference to treaties.

Trademark 59

Trademark Fair Use Registration False Advertising 59

SpicyIP

AUGUST 22, 2022

We are pleased to bring our readers a guest post by Abhijay Srekanth and Vivek Basanagoudar on interaction of trademarks with free speech. Abhijay Srekanth is an LLM candidate at the Queen Mary University of London specialising in IP, and a recent graduate of Jindal Global Law School. The views expressed in the piece are personal.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

LexBlog IP

DECEMBER 6, 2022

Arbitrary trademarks are common dictionary words that are unrelated to the goods or services sold under the trademark. Both terms have common dictionary meanings, but that meaning is unrelated to the goods or services provided. Examples of Arbitrary Trademarks. What is an “Arbitrary Trademark”?

Trademark 52

Trademark Branding Brands Branding 52

Kashishipr

SEPTEMBER 22, 2021

A trademark is an important business asset that offers protection to a brand. Businesses own valuable trademarks, which, once registered, can be licensed out. The rights that flow from a trademark can be licensed to others to receive royalties for commercialization. What is Trademark Licensing?

Licensing 105

Licensing Trademark Branding Brands 105

IPilogue

OCTOBER 19, 2022

David Vaver is a member of IP Osgoode’s Advisory Board, an I ntellectual P roperty Law Professor at Osgoode Hall Law School and an Emeritus Professor of IP & IT Law at the University of Oxford. They of course share no responsibility for what appears here. Thanks to Ronald M. Lieberman, Christopher G.

Copyright Infringement 106

Copyright Infringement Copyright IP Designs 106

LexBlog IP

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. First, it is important to understand what a trade secret is. What are you trying to protect?

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

LexBlog IP

NOVEMBER 19, 2022

Suppose that you want to register a trademark that incorporates a name of a person to identify the source of goods or services for your business. Should you register your trademark with the U.S. Patent and Trademark Office (USPTO)? What about the right of publicity of the individual? Patent and Trademark Office?

Trademark 52

Trademark Registration Law Business 52

IP and Legal Filings

JUNE 26, 2022

The word trademark is a culmination of two words, i.e., ‘trade’ and ‘mark’. Thus, to simply put, when the two words are read together, the meaning of ‘trademark’ comes out as- a sign or symbol used in the course of business by a person. As per the statute trademark means-. “ Right in perpetuity. Device mark-. Shape mark-.

Trademark 80

Trademark Registration Journalism Registering Trademarks 80

The IP Law Blog

MARCH 5, 2021

While Shakespeare may have wondered “what is in a name?”, the executives at Peloton believe that the trademark SPIN is of great importance. Mad Dogg Athletics, located in Venice, CA, is the owner of the trademarks SPIN and SPINNING. Mad Dogg Athletics, located in Venice, CA, is the owner of the trademarks SPIN and SPINNING.

Trademark 85

Trademark Branding Brands Branding 85

Patently-O

FEBRUARY 17, 2023

The following guest post comes from Berkeley Law Professor Peter S. Professor Elizabeth Rowe litigated trade secrets cases before entering academia, where she has published numerous trade secret articles and co-authored the first trade secret law casebook. The following is an introduction and request for comments. – D.C.

Litigation 105

Litigation Intellectual Property Business Government 105

The IPKat

JANUARY 27, 2022

On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products. The trademark depicts the shape of the Chanel No. 5 perfume bottle. T 862/19 ). This claim, too, was unsuccessful.

Trademark 138

Trademark Registration Marketing Marketing 138

LexBlog IP

JANUARY 11, 2022

There are three distinct trademark symbols you may use is the registered trademark symbol “R” (®) , the small “ TM” ( ) symbol , and the “SM” (℠) symbol. Overview: Which Trademark Symbol Should I Use? Put the ® to the upper right of your trademark. For iPhone.

Trademark 52

Trademark Registering Trademarks Registration Copying 52

IP and Legal Filings

JANUARY 19, 2023

Introduction Be it a trademark, patent, copyright, intellectual property has become an important part of the company’s success. As the companies are dependent on intellectual property rights there must be a person who is an expert in the matter of intellectual property rights. In the case of Revlon Inc.

Intellectual Property 82

Intellectual Property Licensing Trademark IP 82

43(B)log

FEBRUARY 3, 2024

RT: What would you say to the argument that the different treatment is justified by the role of consumer harm in the two causes of action? Although these are presumptions about how consumers will think, so we’re not just expecting, we’re hypothesizing and holding as a matter of law.] A: What I’m taking issue with is that assumption!

False Advertising 49

False Advertising Contracts Branding Brands 49

Intepat

DECEMBER 4, 2023

With an increasing number of countries joining this unique international trademark registration framework, the World Intellectual Property Organization (WIPO), a specialized United Nations agency in Geneva, has administered over a million trademark registrations worldwide. What is a Provisional Refusal under the Madrid System?

Registration 52

Registration Trademark Intellectual Property Registering Trademarks 52

Corsearch

AUGUST 10, 2023

Do your research Research existing brands in your industry and marketplace to gain an understanding of what works and what doesn’t. Do your research Research existing brands in your industry and marketplace to gain an understanding of what works and what doesn’t. You never know what ideas they might lead to.

Branding 52

Branding Brands Branding Social Media 52

IIPRD

NOVEMBER 14, 2023

Introduction Intellectual property rights (IPR) in e-commerce are a vital component of e-commerce. If IP theft is widespread, it has the potential to destroy an e-commerce business and also randomly disclosing of intellectual property prior even applying for its safeguarding is a common error made by most IP holders.

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

IP and Legal Filings

OCTOBER 30, 2023

Introduction With Margot Robbie lighting up our screens in what is arguably the movie of the year, it is the summer of Barbie again; just like it has been, every summer, since her introduction in 1959. Hence, it is no wonder that the battle for ownership of her trademark is also highly sought after.

Trademark 87

Trademark Branding Brands Branding 87

The IPKat

NOVEMBER 21, 2021

The IPKat is always paying attention to what IP stories are running around out there. TRADE MARKS According to Professor Barton Beebe of NYU School of Law, more than 77% of the 20,000 most common English words identically match a EUTM registration, and the remaining 23% of words have negative connotations.

Blogging 73

Blogging IP Moral Rights Copyright 73

SpicyIP

MARCH 4, 2022

We’re pleased to bring you a guest post by Sangita Sharma, looking at the Supreme Court’s order in the trademark infringement case Renaissance Hotel Holdings Inc. Sangita is a 3rd Year student at Gujarat National Law University and has written for us earlier here. Section 29(2). Vijaya Sai and Others. Sangita Sharma.

Registering Trademarks 111

Registering Trademarks Trademark Blogging Government 111

SpicyIP

JUNE 28, 2021

We are pleased to bring you a guest post from Rounak Doshi, discussing the position of law on arbitrability of trademark disputes in light of Delhi High Court’s recent decision in Golden Tobie Private Ltd. In this post, I will be assessing the law applicable in relation to the arbitrability of disputes concerning trademarks.

Trademark 96

Trademark Law Licensing Registration 96

The TTABlog

OCTOBER 6, 2022

Just enter your e-mail address in the box on the right to receive a daily update via Feedblitz. Section 2(a) - False Suggestion of a Connection: TTAB Upholds Section 2(a) False Connection Refusal of US SPACE FORCE for License Plate Frames, Umbrellas Precedential No. How Did These Three Recent Section 2(d) Appeals Turn Out?

Service Mark 82

Service Mark Designs Design Ownership 82

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? The court spends more time on its likelihood of confusion analysis.

Blogging 90

Blogging Social Media Television Fair Use 90

Patent Trademark Blog

JUNE 2, 2023

How can you realistically enforce your trademarks? Trademark enforcement is not only for millionaires and big companies. Startups and small businesses can use cost-effective ways to stop or discourage trademark infringement. By employing smart tactics, you can increase trademark protection while spending less.

Cease and Desist 52

Cease and Desist Branding Brands Branding 52

The TTABlog

DECEMBER 31, 2021

Just enter your e-mail address in the box on the right to receive a daily update via Feedblitz. Section 2(a) - Deceptiveness: TTAB Affirms Section 2(a) Deceptiveness Refusal of SMART SUTURE for Bandages Section 2(a) - False Suggestion of a Connection : Precedential No. Guess What? Yes] Precedential No.

Cinema 67

Cinema Registration Trademark Reporting 67