Erik K Pelton

JANUARY 4, 2024

The following is an edited transcript of my video When Two Identical Brand Names Coexist People often have the mistaken impression that a trademark has to be completely unique in the universe. The post When Can Two Identical Brand Names Coexist appeared first on Erik M Pelton & Associates, PLLC.

Branding 130

Branding Brands Branding Editing 130

Erik K Pelton

JUNE 20, 2023

Yes, identical brand names can coexist. The post When Two Identical Brand Names Coexist appeared first on Erik M Pelton & Associates, PLLC. Yes, identical brand names can coexist. Yes, identical brand names can coexist.

Branding 130

Branding Brands Branding 130

Erik K Pelton

OCTOBER 29, 2021

Often, if you ask a group of people, “Are these two marks, given the circumstances, likely to be confused?”, I want to provide a little bit more about when that analysis arises and what the key elements of that analysis generally are. The second circumstance is when an application is refused at the U.S.

Trademark 147

Trademark Registering Trademarks Editing Trademark Law 147

IP and Legal Filings

FEBRUARY 4, 2022

When a trademark is registered, it provides protection to the mark as a whole, even if it is a composite trademark with numerous aspects in it. There can’t be any confusion about the usage of the words ‘Dil’ and ‘Rooh,’ according to the Court, because they don’t mean the same thing.

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Registration Trademark Trademark Law Marketing 63

43(B)log

AUGUST 22, 2022

The statements were “commercial advertising meant to sell a product, and generally there ‘can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public.’” The First Amendment has long coexisted with no-fault false advertising laws. The California Supreme Court reversed.

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

The IPKat

JANUARY 6, 2022

You can see where this is going. Given in use a trade mark could be viewed at all sorts of angles, especially when attached to goods as a swing tag (the Huawei application covered glasses and watches among other things), this series of judgments seems narrow-minded. Rather, they are assessed solely in the form applied for. ”

Registration 96

Registration Cease and Desist Branding Brands 96

43(B)log

JUNE 25, 2022

First user can oppose/expunge if first in marketplace. No right to injunction or damages, just keep off register in double identity cases. 2) Goodwill can in theory be abandoned. 2) Goodwill can in theory be abandoned. Goodwill is perishable; if you leave it neglected long enough it can dissipate throgh neglect.

Trademark 56

Trademark Branding Brands Branding 56