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Can Tactile Marks Be Effectively Protected Under Trademark Law?

IP and Legal Filings

INTRODUCTION For a long time, logos, names, and jingles have been the mainstays of trademark law. A recent trend in branding, however, is the use of non-traditional trademarks such as haptic markings. Another important criterion for trademark registration is non-functionality. Trademark – India.

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Finding the Real “Burger King”: Identical Marks & Prior Use in the Pune Eatery Case

SpicyIP

While its first registration for the brand name in India (1979) was under Class 16 [Paper & Paper Products] , the trademark was registered w.r.t. to restaurant services only in 2006. Relying on this observation, the Pune court found the local eatery to be a prior user of the contested trademark.

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The Concept of Family of Trademarks

Kashishipr

These intangible assets are often used in collaboration with other marks by the formation of a trademark portfolio, which consists of marks sharing a few characteristics and belonging to one entity. The issue of the distinctiveness of a family of trademarks was brought forth in the case of Pure & Simple Concepts, Inc.

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Jack in the Box Pops a Spring Over FTX “Moon Man” Mascot

The IP Law Blog

Jack in the Box claims that FTX’s Moon Man constitutes, among other things, trademark dilution. The Federal Trademark Dilution Act of 1996, which was substantially revised by the Trademark Dilution Revision Act of 2006, addresses trademark dilution, including dilution by tarnishment and dilution by blurring.

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The USPTO Takes Steps to Implement the Trademark Modernization Act of 2020

LexBlog IP

The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce.

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Initial Interest Confusion Clash: Forest Essentials Battles Baby Forest at the DHC

SpicyIP

Mountain Valley Springs, the plaintiff, has been marketing its products under the trademark (TM) “Forest Essentials” since 2000, claiming extensive reputation and goodwill, especially for their Ayurvedic products, including a baby care segment launched in 2006.

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TIL: “Texas Tamale” Is an Enforceable Trademark–Texas Tamale v. CPUSA2

Technology & Marketing Law Blog

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. In an April 2023 summary judgment ruling , the plaintiff established that it “possesses the legally protectable, incontestable trademarks TEXAS TAMALE and TEXAS TAMALE COMPANY.” ” Say what?

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