Erik K Pelton

DECEMBER 24, 2020

The following is an edited transcript of my video All About Trademark Searches. Searching for trademark conflicts is one of the most important things about the practice and protection of trademarks and brands. So a common law search is valuable for that reason.

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Trademark Law Branding Brands 130

The IP Law Blog

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. Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services.

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Confidentiality Invention Business Artistic Work 113

Erik K Pelton

MAY 9, 2022

The following is an edited transcript of my video Sounds, Colors, Scents, and Other Nontraditional Trademarks. Non-traditional trademarks are those things that indicate the source of a brand, but are not brand names, logos, or slogans. And I think you’ll see what I’m talking about with these examples.

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Trademark Registering Trademarks Registration Designs 189

Erik K Pelton

MARCH 7, 2022

The following is an edited transcript of my video Key Trademark Search Terms. This set off an alert in my brain, because I had been looking for the perfect metaphor to describe the different types of trademark searches and the language around them. And that is what, in my mind, a comprehensive trademark search is.

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Trademark Editing Law 182

IP and Legal Filings

MARCH 28, 2024

Further the term “copyright” is defined in Section 14 of the Act as the exclusive right to perform any act relating to the aforementioned original works as described therein, or to grant permission to perform any such act. By what measure is one supposed to decide this? Sanghavi” [3].

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IP Intelligence

JANUARY 1, 2024

As the new year gets underway, we want to flag the newest misleading trademark email scams, as these communications have become more advanced in their targeting. Recently, the fraudulent scammers have become more sophisticated with their solicitations by claiming to be attorneys or law firms with expertise in trademark law.

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Trademark Branding Brands Branding 59

LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”).

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Reporting Non-Fungible Tokens IP Intellectual Property 52

IPilogue

AUGUST 10, 2022

Ariel Goldberg is an incoming 1L JD candidate at Osgoode Hall Law School. Patent and Trademark Office (“USPTO”) granted The Ohio State University trademark protection for the most common English word : “THE”. However, the fashion house Marc Jacobs has a pending trademark application for an identical “THE” mark.

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Trademark Registration Marketing Marketing 112

Erik K Pelton

OCTOBER 29, 2021

The following is an edited transcript of my video, What Is a Likelihood of Confusion. A phrase that comes up all the time in several different aspects of trademark work is likelihood of confusion. I want to provide a little bit more about when that analysis arises and what the key elements of that analysis generally are.

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Trademark Registering Trademarks Editing Trademark Law 147

Kashishipr

MARCH 2, 2022

What happens after you get your mark registered as a trademark? Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Furthermore, it will also never enforce your trademark rights on your behalf.

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Registering Trademarks Trademark Registration Trademark Law 105

Nelligan Law

NOVEMBER 28, 2022

You have conducted your own market research and you are not aware of anyone else using this trademark. Your product is a huge success and customers recognize your trademark. The lawyer that has sent the letter alleges you have infringed on their client’s rights and are demanding that you cease using the trademark immediately or else.

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Cease and Desist Trademark Marketing Marketing 80

Erik K Pelton

JANUARY 4, 2021

The following is an edited transcript of my video Do Restaurants Need Trademark Protection ? But I have a soft spot for restaurant clients, and that’s because not only do I love food and love restaurants, but my wife and my brother-in-law are actually the owners of two local restaurants here in Northern Virginia.

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Trademark Registration Social Media Business 130

IPilogue

FEBRUARY 1, 2023

Mariela Gutierrez Olivares is a 3L JD Candidate at Osgoode Hall Law School. Trademarking taquería is akin to trademarking “pizzeria” or “café.” ” However, Sonora Taquería is not the first business TW’s trademark is enforced against. This article was written as a requirement for Prof.

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Cease and Desist Social Media Trademark Intellectual Property 104

43(B)log

JUNE 19, 2023

14, 2023) I’ve been thinking a lot after Jack Daniel’s about the role of common sense in trademark. Judge Leval in scholarship, Trademark: Champion of Free Speech , 27 Colum. & Arts 187 (2004), and the Seventh Circuit in practice, are all about using common sense rather than doctrine to limit the scope of trademark rights.

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Fair Use Trademark Advertising Advertising 81

Technology & Marketing Law Blog

OCTOBER 17, 2022

GmbH has registered trademarks in the dictionary word “Emoji.” As I previously documented , Emojico has likely sued about 10,000 defendants for trademark infringement. The trademark registrations discourage that outcome. ” (Raise your hand if you’ve ever seen Emojico-branded patient safety restraints).

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Trademark Fair Use Registration Licensing 108

IP and Legal Filings

FEBRUARY 2, 2024

However, what would happen if business houses wanted to trademark the name of the god they worshipped? As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited.

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Trademark Law Trademark Law Service Mark 91

TorrentFreak

MAY 30, 2023

Before any new laws or policies are introduced, the Government typically seeks input from stakeholders. Roundtable on Future Anti-Piracy Strategies This coming October, the United States Patent and Trademark Office ( USPTO ) will hold a roundtable on the subject, with members of the public invited to join.

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Government Copyright Copyright Law Copying 99

Corsearch

AUGUST 16, 2023

In this short blog we demystify the realms of copyright and trademarks, using the U.S. Copyright and trademarks are key intellectual property rights, each possessing their own unique characteristics to shield your creations from the clutches of bad actors and infringers. Unlike copyright, trademarks are all about the name game.

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Trademark Copyright Branding Brands 52

SpicyIP

JANUARY 4, 2023

Akshat is an LLM student at Berkeley Law specialising in IP policy. He is a graduate of Jindal Global Law School and has previously clerked at the Delhi High Court. The dissent firstly invokes, albeit mistakenly, Hohfeld’s “ rights- duties” analysis (why is it a mistake? State of U.P. Kaushal Kishor v.

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Copyright Law Copyright Law IP 105

Corsearch

DECEMBER 11, 2023

While the concept of filing oppositions to a potentially conflicting application for registration of a trademark is relatively simple, it’s a challenging practice area of law. Nonetheless, the first step is always to be aware of the filings, bad faith or otherwise, in the first place – you cannot fight what you cannot see.

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Trademark Registration Branding Brands 59

SpicyIP

APRIL 24, 2022

Interrogating the integrity of the ‘intellectual’, the propriety of the ‘property’, and the righteousness of the ‘rights’ in this confounding confusion that is IPR! To start with, let’s think a little about what IP and IPR mean. But ( excitedly ), do you know what role these three words play in this subject? Akira: Yes.

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IP Copying Intellectual Property Copyright 136

43(B)log

FEBRUARY 2, 2024

Virtual influencer names can be trademarks; actual images/AV works are copyright-protected as long as human-created. Some VI can likely receive copyright protection as characters, though not clear what the “work” is—a body of social media posts? If © is difficult, what about ROP? State laws tend to specify living or deceased.

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Social Media Government Editing Litigation 59

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.

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Patent Trademark Blog

JANUARY 26, 2023

Are there inexpensive ways to enforce trademarks? Yes, it is possible to enforce trademarks without much money. You can use a cost-effective strategy for registering and enforcing trademarks, but a reasonable investment will be required. In addition to reducing costs, saving time in trademark enforcement is a huge advantage.

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Trademark Registration Registering Trademarks Blogging 97

LexBlog IP

DECEMBER 26, 2023

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. But what rights do you have to what it creates for you? The lack of exclusive rights here is fatal.

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Designs Design Trademark Copyright 52

The IPKat

JULY 30, 2023

The IPKat is pleased to publish a guest post by Kat friend Theodora Goula (Hugo Boss), discussing second-hand fashion and trade mark rights per European law. So, what does this mean for the IP world? Exhaustion of rights The first question is whether trademark rights in second-hand fashion have been exhausted.

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Branding Brands Branding Advertising 97

Corsearch

FEBRUARY 22, 2024

Trademark infringement is the nightmare that keeps big brands up at night. In a world where maintaining a distinctive identity and protecting consumer trust is a constant battle, safeguarding your trademarks is crucial. So, what’s the secret to protecting it? What is trademark infringement? The aftermath?

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Branding Brands Branding Trademark 59

Larson & Larson

SEPTEMBER 3, 2021

Such creations of the human mind-commonly referred to as intellectual property- have found protection under the law- what is otherwise known as intellectual property law. This legal protection serves to benefit the creators by giving them exclusive rights over their intellectual property. Misappropriating trade secrets.

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Intellectual Property Intellectual Property Law IP Copyright 59

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

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Blogging Copyright Contracts Cease and Desist 78

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?

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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.”

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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?

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Branding Brands Branding Personality Rights 98

Velocity of Content

JULY 26, 2022

But trademarks are not mentioned in that foundational document. This blog has already discussed the differences between copyright and trademark– which are, unfortunately, too frequently confused as two alternative ways of protecting non-technical IP. Copyright Office, after what amounts to a much lighter review process.

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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.

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IP Ownership Non-Fungible Tokens Copyright Law 109

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!

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Blogging Law Contracts Cease and Desist 115

SpicyIP

FEBRUARY 22, 2023

Have you ever wondered who protects the IP rights of IP lawyers? What happens when an IP firm is sued for infringing IP rights of other law firms? But what happens when these protectors of IP seek the protection of their IPs? SpicyIP Intern Niyati Prabhu discusses a few such instances in this guest post.

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Trademark Law IP Intellectual Property 98

LexBlog IP

DECEMBER 20, 2023

This case, and its counterpart in Virginia, could have a significant impact on brand owners’ ability to establish rights in their cannabis-related trademarks. What is Delta-8, 9, 10? With this advantageous change in the law, the hemp industry has thrived. Delta-8 THC and delta-9 THC are distinct cannabinoids (i.e.,

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