IP and Legal Filings

FEBRUARY 20, 2023

Thus, there is an unmistakable similarity between domain names and trademarks, which is why domain names have been granted trademark recognition and protection. Reliance is also a registered trademark, and as such, it is protected from trademark infringement.

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Trademark Registering Trademarks Registration Trademark Law 98

Likelihood of Confusion

AUGUST 18, 2022

[Posted December 1, 2008.] December 4, 2008 – 10 AM: In re Chippendales USA, LLC, Serial No. The post Best of 2008: Tackiness not grounds for refusal to register appeared first on LIKELIHOOD OF CONFUSION™. Otherwise, why would John Welch be reporting this appeal?: 78666598 [Refusal to register.

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Reporting Trademark Law Trademark Law 52

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’ ?

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Trademark Registration Intellectual Property Intellectual Property Law 98

IPilogue

AUGUST 2, 2021

European trademark law requires genuine use of a trademark to maintain registration. Lack of use may cancel a trademark’s registration; as well, any oppositions based on a trademark without genuine use may not withstand a non-usage defense. . Candidate at University of British Columbia. .

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Trademark Registration Trademark Law Intellectual Property 59

Garrigues Blog

FEBRUARY 5, 2024

A judgment from the Court of Justice of the European Union (CJEU) clarifies the scope of third-party use of trademarks, taking into account the changes introduced in the European Directive on trademarks. regarding the use of the ZARA trademark. The Commercial Court No.

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Trademark Trademark Law Advertising Advertising 59

Kashishipr

AUGUST 25, 2021

A critical issue to be addressed is whether these limited-edition products can get protection under Intellectual Property (IP) law, just as regular products do, and if yes, then which is the most appropriate form of IP Protection ? Protection for Limited Edition Products under Trademark Law. In essence: ‘use it or lose it.’

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Editing Law IP Designs 105

IP and Legal Filings

OCTOBER 28, 2022

While NFT platforms are not yet specifically regulated, they are subject to the provisions on Electronic System Providers (“ESPs”) contained in several regulations, as follows: • Law No. 11 of 2008, dated April 21, 2008, regarding Electronic Information and Transactions, as amended by Law No 19 of 2016, dated November 25, 2016.•

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

JIPL Online

APRIL 7, 2021

ii] This blog post will (i) introduce the problem of counterfeit sports merchandise, (ii) provide a summary of trademark policy rationales and how they have been applied in the sports apparel context, and (iii) offer a proposed solution to the problem. (i) i) Introduction to the problem of counterfeit sports merchandise. Euroquilt, Inc. ,

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Marketing Marketing Licensing Trademark Law 98

SpicyIP

SEPTEMBER 28, 2023

We are pleased to bring to you a guest post by Naman Keswani on the concept of naked licensing within trademarks law. Naman is a fourth-year student at the Hidayatullah National Law University, Raipur who has a keen interest in Intellectual Property Law, especially Trademark Law. 2 nd 484, 489 (3 rd Cir.

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Licensing Registration Trademark Trademark Law 105

Garrigues Blog

SEPTEMBER 29, 2021

Trademarks displayed in audiovisual works can be a real headache if the associated legal aspects fail to be taken into account. Both Spanish and European trademark laws and case law have shed some light in this regard. What are trademark owners’ rights in this case?

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Trademark Trademark Law Television Registering Trademarks 52

Technology & Marketing Law Blog

JULY 25, 2021

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. In 2008, it launched its successful “Align” yoga mat line. Aliign sued lululemon for trademark infringement. Want to Engage in Anti-Competitive Trademark Bullying? lululemon sought summary judgment.

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Advertising Advertising Trademark Settlement 111

SpicyIP

FEBRUARY 9, 2025

Macrotech Developers (formerly known as Lodha Developers) filed a trademark infringement suit against the House of Abhinandan Lodha (HoABL). In Trademark law, it is important to determine if the mark is being used to offer goods and services similar to the ones for which it is registered. Further, Macrotech has sought Rs.

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Brands Branding Branding Business 59

Garrigues Blog

APRIL 23, 2024

The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. regarding the use of the ZARA trademark, as previously discussed here.

Trademark 52

Trademark Advertising Advertising Trademark Law 52

The IP Law Blog

JUNE 17, 2021

In fact, I covered the topic at a time when Allegiant Air claimed that it was not involved in any negotiations for the naming rights of any professional sports facilities despite having filed an application with the United States Patent and Trademark Office for use of Allegiant in connection with stadium or training facilities. They might.

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Trademark Brands Branding Branding 98

IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3]

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Registration Trademark Trademark Law Law 98

IP and Legal Filings

FEBRUARY 16, 2023

Introduction Trademarks may include any distinctive sign or mark that contributes in differentiating goods or services those of the competitors. In order to maintain the owner’s rights, a trademark must be used and periodically renewed; otherwise, the proprietor might lose the validity and the right of enforcing the trademark.

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Trademark Registration Registering Trademarks Advertising 52

The IP Law Blog

APRIL 1, 2021

The Ninth Circuit recently considered an issue of first impression: What standard of review does an appellate court apply when reviewing a district court’s grant of summary judgment in a trademark infringement case on the equitable basis of the unclean hands doctrine. The Ninth Circuit faced this issue in the case titled: Metal Jeans, Inc.

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Trademark Registration Brands Branding 52

IP and Legal Filings

MAY 8, 2024

Introduction The labyrinthine world of trademark disputes often unveils intricate legal debates and subtle nuances, where the discerning eye of the judiciary must navigate through layers of visual, phonetic, and structural intricacies. The plaintiffs have obtained registration in respect of their trademark in Class-33.

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Trademark Intellectual Property Brands Branding 52

SpicyIP

MAY 17, 2024

Recently, the allopathic blue pill Viagra found itself in yet another legal dispute, this time over trademark issues, with homeopathic red pill Vigoura. However, in 2006, the “Viagra” trademark got registered in India and the reliefs sought were amended in 2008 to include protection against trademark infringement as well.

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Trademark Due Diligence Litigation Law 45

BYU Copyright Blog

OCTOBER 25, 2021

a 501(c)(3) organization created to solicit and manage resources on behalf of Louisiana Tech University ("LTF"), alleged that a Florida corporation, Bel-Mac Roofing ("Bel-Mac"), violated numerous federal and Louisiana state laws by infringing copyright and trademark rights LTF has in the logo for Louisiana Tech's Bulldog mascot.

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Derivative Work Advertising Advertising Intellectual Property 52

SpicyIP

NOVEMBER 17, 2023

This liberty to benefit from one’s intellectual creation gives rise to a bundle of rights related to intellectual property, including, Patents, Copyrights, Trademarks, Geographical Indications, among others. The course is being supported by Texas A&M University School of Law.

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Intellectual Property Technology IP Law 105

LexBlog IP

SEPTEMBER 29, 2022

(I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). Every sound trademark seems not only to signify something but to raise a question or two as well. Hence, the title of this piece and the discussion below.

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Trademark Registration Music Intellectual Property 52

Patently-O

SEPTEMBER 17, 2023

The Federal Circuit’s pair of decisions provide guidance on how logos factor into the design patent infringement inquiry, and begin to tease-out differences in policy concerns underlying design patent law versus trademark law. For trademark infringement under the Lanham Act, likelihood of consumer confusion is a key requirement.

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Design Patent Patent Infringement Designs Design 72

IIPRD

JUNE 13, 2024

trademarks, service marks, commercial names, and designations; industrial designs; and any other rights stemming from intellectual endeavors in industrial, scientific, literary, or artistic spheres. Trademark law One of the areas where both trademarks and AI intersect with each other is in creation of new brands and trademarks.

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Intellectual Property Inventor Invention Trademark 59

IP and Legal Filings

APRIL 10, 2025

The current statute provides protection of these celebrity rights under trademark law, copyright law as well as passing off action for infringing the said rights. To prevent the misuse of celebrities name, image and other attributes of their personality the best remedy available is to register their name as a trademark.

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Personality Rights Privacy Intellectual Property Journalism 52

Technology & Marketing Law Blog

MARCH 7, 2022

In 2008, Congress added 17 U.S.C. § Copyright Office, Annual Report of the Register of Copyrights, Fiscal Year Ending September 30, 2008 , at 12–13 (2008). 110-617 , at 23 (2008) (emphasis added). Whimsicality, Inc. Rubie’s Costume Co. , 112, 115 (S.D.N.Y. 411(b) to the Copyright Act.

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Registration Blogging Copyright Designs 98

IIPRD

JUNE 8, 2024

Intellectual property rights protection to the fashion industry Trademark Act: Trademark Act plays a significant role in preserving a brand’s legitimacy and integrity, which is advantageous for the industry. However, the protection of fashion designs by trademark law is not perfected.

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Intellectual Property Designs Design Brands 52

Patently-O

APRIL 20, 2024

2008) (en banc) and Gorham Co. I think of the design patent test as quite close to likelihood of confusion in trademark law, but design and trademark pedants yell whenever I make this comparison. Seirus has now petitioned for writ of certiorari. Swisa, Inc. , 3d 665 (Fed. White , 81 U.S. 511 (1871).

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Design Patent Art Designs Design 69

SpicyIP

OCTOBER 23, 2023

Turtle ” order opining that use of a mark to pass a critical comment will not amount to an infringement of the trademark. The case was filed before the Delhi High Court in 2008 and heard by Justice Bhat. and for passing the famed “ Tata v.

Intellectual Property 52

Intellectual Property Government Law IP 52

SpicyIP

NOVEMBER 8, 2023

They included stories of the Patent Agent examination, the Indian Innovation Act, the opening of the Trademark database, the presumption of patent validity, and the South Asian Basmati fights and more. This raised a question did the registrar of Trade Marks have the jurisdiction to revoke the ‘MANJAL’ trademark?, But this is not all!

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Trademark Publishing Journalism Copyright 59

IP and Legal Filings

NOVEMBER 23, 2024

Why do trademarks matter in corporate strategy? A trademark is, by definition, a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. [1]. Intellectual property rights protect trademarks. Trademarks encompass a substantial portion of the deal’s value.

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Brands Branding Branding Technology 105

Technology & Marketing Law Blog

NOVEMBER 27, 2023

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court will likely hold in Elster that Section 2(c) is consistent with the First Amendment, but will it clarify how to balance trademark and free speech rights? After the Supreme Court granted cert in Vidal v.

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Registration Trademark Blogging Law 106