LexBlog IP

APRIL 17, 2023

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. The draft Article 18 Trademark Law correctly removes the distinction between registered and unregistered well-known marks. For example, the actual art.

Trademark Law 52

Trademark Law Trademark Law Branding 52

Likelihood of Confusion

SEPTEMBER 12, 2023

The post Best of 2009: McBummer: Thoughts on the McFamily of Trademarks McConcept appeared first on LIKELIHOOD OF CONFUSION™. I’ve written before about the odd cultural juxtaposition of McDonald’s and the Muslim world. It turns out I don’t know the half of it! Now McDonald’s has lost its effort to.

Trademark 40

Trademark Brands Branding Branding 40

Likelihood of Confusion

AUGUST 26, 2022

Only Marc Randazza can put certain things in certain ways — and on those occasions when he’s actually right (like when he’s discussing law and not politics! ;-)), man, he’s. The post Best of 2009: The best of the best. Of the bestest. appeared first on LIKELIHOOD OF CONFUSION™.

Law 52

Law Trademark Law Trademark 52

Likelihood of Confusion

FEBRUARY 26, 2024

2009), which stands for the proposition that, yes, a domain name registrar can be liable for contributory trademark infringement arising from the directly infringing acts of its clients. [stextbox id=”info”] This is a summary and analysis of the decision in Transamerica Corp. Moniker Online Services, 672 F.Supp.2d

Trademark 98

Trademark Trademark Law Law 98

Likelihood of Confusion

JUNE 14, 2023

The post Best of 2009: “Infinity Dollars” — IP damages and the jury, Part 1 appeared first on LIKELIHOOD OF CONFUSION™. A lot of people, including judges, lawyers and civilians, don’t seem to really understand what statutory damages are all about. They are not supposed to be a windfall (discussed more.

IP 52

IP Trademark Law Copyright Law Law 52

IP and Legal Filings

MARCH 7, 2022

A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

Trademark 89

Trademark Law Registering Trademarks Branding 89

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 98

Marketing Marketing Trademark Registration 98

IP and Legal Filings

MARCH 7, 2022

A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

Trademark 84

Trademark Law Registering Trademarks Branding 84

Likelihood of Confusion

JUNE 27, 2023

This was first posted on May 7, 2009. The post Best of 2009: Keeping it real — the ultimate use in commerce appeared first on LIKELIHOOD OF CONFUSION™. The TTABlog® reports, again, on the fraud issue, but that’s not what interests me here so much this time. Rather, it’s the.

Reporting 40

Reporting Trademark Law Trademark Law 40

Likelihood of Confusion

SEPTEMBER 3, 2022

This was first posted on May 7, 2009. The post Best of 2009: “Keeping it real — the ultimate use in commerce” appeared first on LIKELIHOOD OF CONFUSION™. The TTABlog® reports, again, on the fraud issue, but that’s not what interests me here so much this time. Rather, it’s the.

Reporting 40

Reporting Trademark Law Trademark Law 40

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?

Trademark 52

Trademark Trademark Law Television Registering Trademarks 52

Likelihood of Confusion

SEPTEMBER 28, 2024

Originally posted 2009-01-22 13:31:48. It raises an interesting question about Internet-related copyright and trademark law. Republished by Blog Post Promoter Working from home today after a bruising few weeks at work (see yesterday’s post!), We use a filtered Internet service […] The post Adverference?

Trademark Law 52

Trademark Law Blogging Trademark Copyright 52

Technology & Marketing Law Blog

JULY 17, 2023

the Supreme Court held that the Lanham Act does not reach trademark infringement that occurs outside of the United States (US). In addition, the opinion has important ramifications for domestic trademark law through its identification of “use in commerce” as the actionable domestic conduct. Hetronic International Inc. ,

Blogging 75

Blogging Trademark Litigation Law 75

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.

Branding 59

Branding Branding Brands Business 59

Biswajit Sarkar Copyright Blog

JANUARY 17, 2022

Section 9(1)(a) 1 of the Indian Trademark Act, 1999 mentions lack of distinctiveness in the mark as one of the grounds for refusing registration of the mark. However, in India, there are numerous family enterprises where personal names and surnames have been registered as trademark. Personal Names As Trademark.

Trademark 52

Trademark Registering Trademarks Registration Licensing 52

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. What is trademark infringement? Let’s start with the basics; what is trademark infringement?

Branding 59

Branding Branding Brands Trademark 59

IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.

Ownership 102

Ownership Intellectual Property Artwork Copyright Law 102

Likelihood of Confusion

MAY 19, 2023

Frankly our sensibilities are too delicate to blog on this story, but that’s why there’s always the the Trademark Blog. Originally posted 2009-09-17. You’d hardly think it possible any more. The post “Scandal” at the TTAB appeared first on LIKELIHOOD OF CONFUSION™.

Blogging 52

Blogging Trademark Trademark Law Law 52

LexBlog IP

MAY 24, 2023

But although this phrase is used by many, two restaurant companies actually own TACO TUESDAY trademark registrations that they can assert as conclusive evidence of their exclusive rights to use the slogan and enforce those rights against anyone who tries to use the mark. Taco Bell is seeking to change that. The Lanham Act, which governs U.S.

Trademark 40

Trademark Cease and Desist Registration Trademark Law 40

Likelihood of Confusion

AUGUST 10, 2024

Originally posted 2009-09-30 23:33:13. Republished by Blog Post PromoterEric Goldman has the transcript from the oral argument we reported on last month. He’s still betting on Google. The post More oozes out from the Kinderstart litigation appeared first on LIKELIHOOD OF CONFUSION™.

Litigation 52

Litigation Blogging Reporting Trademark Law 52

The IP Law Blog

FEBRUARY 3, 2022

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. purchased the business in 2009. First, trademark owners need to understand the seriousness of a trademark becoming generic.

Designs 52

Designs Design Trademark Branding 52

SpicyIP

OCTOBER 30, 2023

An interim injunction was granted to the plaintiff in 2009 and through the present judgement, the court decreed the suit in favour of the plaintiff. A legal notice had been issued to the defendant on September 27, 2007 and this was subsequently followed by an interim injunction on September 10, 2009.

Patent Infringement 59

Patent Infringement Patent Art Invention 59

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?, and Class 5.2

Trademark 59

Trademark Publishing Journalism Copyright 59

IIPRD

OCTOBER 17, 2022

Many big companies are getting ready to enter the world of Metaverse, for example, Nike for the purpose of selling virtual footwear and apparel in the virtual world of metaverse filed many trademark applications with the U.S These trademark applications consist of Nike’s logo “just do it” and air Jordan designs. Liden Research, Inc. ,

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

IP and Legal Filings

FEBRUARY 26, 2022

As a result, in order to obtain approval from the Indian Trademark Registry, a solid foundation of uniqueness of the mark, whether inherent or acquired, must be established in the first phase. ’ filed a suit for infringement of trademark against the defendants, ‘PP Buildwell Pvt. 29 of the Trademarks Act, 1999.

Registration 52

Registration Trademark Trademark Law Business 52

The IP Law Blog

SEPTEMBER 22, 2022

In order to prove a trade dress infringement claim, a plaintiff must show: (1) the trade dress is nonfunctional, (2) the trade dress has acquired secondary meaning, and (3) there is a substantial likelihood of confusion between [the plaintiff’s] and [the defendant’] products.” Art Attacks Ink, LLC v. 3d 1138, 1145 (9 th Cir.

Copying 98

Copying Marketing Marketing Advertising 98

LexBlog IP

FEBRUARY 3, 2022

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. purchased the business in 2009. First, trademark owners need to understand the seriousness of a trademark becoming generic.

Designs 40

Designs Design Branding Branding 40

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. In 2009, the Right to Information Act was still in its infancy and the judiciary, especially the Supreme Court, was an institution still cloaked in secrecy. and for passing the famed “ Tata v.

Intellectual Property 52

Intellectual Property Government Law IP 52

SpicyIP

FEBRUARY 27, 2024

More recently in 2020, Sankalp Jain discussed the copyright challenges in “Dreams,” a video game enabling user-generated content, arguing for the Indian copyright law’s limitations in addressing the the issues around the fan-made creations within the game. Relevant here are Arun C.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

IP and Legal Filings

MAY 30, 2023

Nonetheless, trademark infringement has grown to be a serious problem there, with legal repercussions for the owners. Thus, raising a very valid question that whether a themed restaurants violate trademark rights of the show it is based upon? Theft of trademarks may be a bigger issue for character-themed cafés.

Trademark 59

Trademark Business Intellectual Property Trademark Law 59

Likelihood of Confusion

OCTOBER 10, 2024

Republished by Blog Post PromoterOriginally published December 9, 2009. Originally posted 2010-12-24 11:48:31.

Blogging 98

Blogging Publishing Brands Branding 98

Patently-O

FEBRUARY 19, 2025

citizen with a professional background and proven ability in patent or trademark law. At Goldman Sachs, he founded and led the investment bank’s intellectual property practice from 2000 to 2009. The statute specifically requires that the Director be a U.S. I expect that Sec.

Intellectual Property 69

Intellectual Property Inventor Trademark Law IP 69

43(B)log

AUGUST 8, 2024

Rachael Dickson, Administrative Discrimination in the Trademark ID Manual The TM ID manual is a searchable database of over 64000 acceptable IDs for goods and services. Various contraceptives and sex toys were added significantly after the Manual went online; IUDs were added only in 2009. Adult magazines, adult films, etc.

Fair Use 45

Fair Use IP Art Registration 45

The TTABlog

MARCH 1, 2023

The Trademark Reporter has published its latest "Annual Review" of U.S. Trademark Cases: " The Seventy-Fifth Year of Administration of the Lanham Act of 1946 ," by Theodore H. In his introduction, Ted Davis notes the decline in litigation under the Lanham Act, related state statutes, and the common law of unfair competition.

Reporting 87

Reporting Trademark Trademark Law Government 87

IP and Legal Filings

DECEMBER 6, 2023

Protection Of Publicity Right As A Well-Known Trademark Although, publicity rights do not have any statutory protection per se in the Indian Law, but publicity rights in some form are protected by The Trade Marks Act, 1999 and The Copyright Act, 1957. OS) 1745/2009 Rajagopal and Ors. Entertainment Pvt. Baby Gift House and Ors.,

Privacy 105

Privacy Intellectual Property Law Intellectual Property Advertising 105