IP and Legal Filings

JULY 21, 2022

NEED FOR HASHTAGS TRADEMARK. Even while registering one’s hashtags as trademarks does not prevent others from using that hashtag, a registered hashtag trademark is still quite valuable in today’s highly competitive industry. HASHTAGS IN INDIA AND USA.

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Trademark Social Media Marketing Marketing 98

IP and Legal Filings

OCTOBER 28, 2023

Introduction The Trademarks Act of 1999 introduced trademark dilution. The use of trademarks helps a company set itself apart from its rivals’ products and services. A feature of trademark law known as trademark dilution gives the brand owner exclusive rights to the mark, providing them a strong and recognisable trademark.

Trademark 98

Trademark Registering Trademarks Trademark Law Brands 98

Likelihood of Confusion

AUGUST 9, 2024

Originally posted 2010-12-21 14:30:55. Republished by Blog Post PromoterFirst published on February 11, 2010.

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Blogging Publishing Reporting Branding 52

IP and Legal Filings

MARCH 28, 2023

Introduction The term “trademark dilution” refers to the unauthorised use of, and/or application for, a trademark that is likely to damage an established mark’s distinctiveness. Additional sorts include trademark dilution and free riding in the EU. This is known as trademark dilution.

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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 Brands 89

Likelihood of Confusion

AUGUST 27, 2022

First posted on June 1, 2010. The post Best of 2010: How Supreme Skateboard plays the edge appeared first on LIKELIHOOD OF CONFUSION™. The new Case Clothesed blog out of New York Law School has a very interesting, if lightly sourced, piece about how Supreme Skateboard has managed.

Blogging 52

Blogging Law Branding Branding 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.

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Trademark Law Registering Trademarks Brands 84

SpicyIP

MARCH 16, 2025

Highlights Finding the Real Burger King: Identical Marks & Prior Use in the Pune Eatery Case It has been 14 years since the Burger King trademark dispute began in India, still with no end in sight. The plaintiff,, filed for summary judgment and permanent injunction against trademark infringement. Ramada International, Inc.

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Trademark Copyright Brands Branding 59

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

IP and Legal Filings

FEBRUARY 20, 2022

Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. Under trademark law, however, phrases are frequently deemed not to disclose the commercial origin of products or services, which is a trademark’s primary role. 2017/1001 and thus can be registered as a trademark.

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The IPKat

JULY 30, 2023

Over to Theodora: Second-hand fashion and trademark rights’ exhaustion under EU law, a guide for brand owners to “wear” this new trend by Theodora Goula Every day, more and more consumers are joining the second-hand fashion movement. The second question is whether any of the exceptions to trademark exhaustion apply. 51, 55).

Brands 97

Brands Branding Branding Advertising 97

LexBlog IP

AUGUST 16, 2021

IPNews® – On August 12, 2021, Louis Poulsen A/S submitted a trademark opposition against Google for the trademark “Nest” The trademark cited in the opposition notice relates to the LP Nest brand — which filed for registration back in June 2010.

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Trademark Registration Brands Branding 52

IP and Legal Filings

NOVEMBER 22, 2023

[Image Sources: Shutterstock] Legal issue involved Recently, in a new ad campaign launched by ‘Domex’, a Hindustan Unilever brand. In this advertisement campaign Domex has openly compared itself to Reckitt Benckiser’s toilet cleaner brand ‘Harpic’.The The claims made by the Dmoex are huge as they compared themselves with their rival.

Fair Use 98

Fair Use Advertising Advertising Brands 98

Greenspoon Marder LLP

OCTOBER 21, 2012

Jimmy Winkelmann, the founder of two brands that parodied outdoor clothing and equipment maker The North Face Apparel Corp., has agreed this week that his most recent brand has violated a 2010 settlement of a trademark infringement lawsuit involving his first brand, The South Butt. By: Sharon Urias, Esq.

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Trademark Settlement Brands Branding 52

Corsearch

NOVEMBER 15, 2022

For brands and rights holders, these technologies mean a change in consumer behavior, a shift towards more immersive digital engagement with their customers, and an array of new business opportunities. However, we’re already observing complex IP and brand protection challenges, and it’s important businesses plan their strategies carefully.

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Brands Branding Branding Non-Fungible Tokens 52

Greenspoon Marder LLP

JULY 1, 2019

a case involving the question of whether profit awards in trademark cases require evidence that the infringer acted “willfully.” Fossil, Inc.,

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Intellectual Property Blogging Trademark Brands 52

Kashishipr

AUGUST 24, 2022

By establishing a brand name, a service provider in the hospitality industry can benefit from having many customers and build a good reputation. Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India. Relationship between Trademark Law & the Hospitality Industry.

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Trademark Brands Branding Branding 52

IP and Legal Filings

AUGUST 4, 2023

To prevent the undue usage of their goodwill and branding celebrities used to get their names registered under the trademark act. A celebrity can be a person who has public recognition and has some goodwill and branding attached to his name. Thus, it can be assumed that registration of names as trademarks is allowed.

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The TTABlog

MAY 29, 2024

Last year, the Board affirmed a refusal to register the proposed mark A S LIVE FOREVER , in the stylized form shown below, for various goods in 14 classes, finding that the phrase fails to function as a trademark. Eagle Crest , 2010 WL 3441109, at *3." TTABlogged here ]. In re Kirill’s Big Brain, LLC , Serial No.

Service Mark 91

Service Mark Brands Branding Branding 91

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 9, 2022

(“Bluetooth”) owns various trademark registrations which it licenses to other companies to use in promoting a product’s Bluetooth-compatibility. Bluetooth became aware that FCA was using its trademarks without satisfying the requirements and sued for trademark infringement. The court denied FCA’s motion to dismiss.

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Trademark Licensing Registration Fair Use 52

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

Apparently due to this notoriety, Poulsen obtains patent and trademark protection for its roses throughout the world, including the United States. According to the Complaint, Poulsen developed a unique currant red hybrid tea rose variety branded with the trademark INGRID BERGMAN (the “Mark”) in the early 1980s. 1125(a).

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Trademark Brands Branding Branding 40

Intepat

MAY 12, 2023

Understanding The Madrid Protocol The Madrid Protocol is an international agreement that enables individuals or businesses to obtain trademark protection in multiple countries through a centralized system. After successful registration, the trademark is considered to be granted and protected in the member states.

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Registration Brands Branding Branding 52

The TTABlog

DECEMBER 27, 2021

In an otherwise straightforward Section 2(d) analysis, the Board ruled that confusion is likely between Respondent's registered marks MIRAGE BRANDS (standard form) and MIRAGE BRANDS & Design [BRANDS disclaimed], and Petitioner Mahender Sabhnani's previously used and registered mark ROYAL MIRAGE & Design , all for perfume.

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Brands Branding Branding Registration 52

Managing IP

JULY 12, 2023

India’s government plans to amend the Trade Marks Act for the first time since 2010, but brand owners say they are being kept in the dark about the finer details

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Brands Branding Branding Government 52

The TTABlog

JANUARY 18, 2022

95 USPQ2d 1872, 1874 (TTAB 2010) (entitlement shown by petitioner’s allegation that he filed an application to register an identical mark to the one he sought to cancel). 94 USPQ2d 1942, 1949 (TTAB 2010). See , e.g. , ProMark Brands Inc. GFA Brands, Inc., See Toufigh v. Persona Parfum, Inc., See John W. Carson Found.

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The TTABlog

FEBRUARY 8, 2022

Court of Appeals for the Ninth Circuit reversed (in part) the district court's dismissal of a civil action for unfair competition, trademark dilution, and trademark infringement involving Defendant Meenakshi's three IDHAYAM marks registered for sesame seed oil. In December 2019, the U.S. 7-3 at 1-4.)

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Litigation Registration Brands Branding 75

The IPKat

FEBRUARY 11, 2022

it has become a preeminent firm in the trademark world. An honors graduate of Dartmouth College, and of Harvard Law School, he married a profound understanding of trademark law with a keen practitioner's eye for the needs of his clients and the disarming charm of his charismatic personality. His commitment to the firm was legendary.

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Trademark Trademark Law Brands Branding 55

IP Intelligence

MAY 11, 2021

Court of Appeals for the Fifth Circuit dealt with the issue of whether de minimis use can defeat a claim of trademark abandonment. It can, provided that such use is not made in good faith and not simply to maintain a trademark. Census Bureau, had a population of 8,679 in 2010). The plaintiff had sales records for 34 bottles.

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Trademark Registration Brands Branding 52

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

SpicyIP

AUGUST 26, 2024

Neela Film”), issued an ex-parte ad-interim injunction against the defendants, including websites, e-commerce platforms, YouTube channels and ‘John Doe’ parties, restraining them from infringing the copyright and trademark of the makers of the popular Hindi television sitcom “Taarak Mehta Ka Oolta Chashma” (“TMKOC”). Entertainment Pvt.

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Personality Rights Privacy Copyright Trademark 111

IP Tech Blog

NOVEMBER 2, 2023

The Federal Circuit recently issued a decision with important ramifications on how petitions for cancellation due to fraud will be handled by the Trademark Trial and Appeal Board (“Board”) going forward. The “DANTANNA’S” trademark issued in 2005. In 2021, the Board cancelled the trademark pursuant to Section 14 of the Lanham Act.

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Registration Trademark Blogging IP 62

Likelihood of Confusion

FEBRUARY 23, 2022

Originally posted 2010-08-10 17:08:46. History repeating and all, ya know. First time, tragedy. Second time — farce. Republished by Blog Post Promoter. The post Slamming the DOORS appeared first on LIKELIHOOD OF CONFUSION™.

Blogging 52

Blogging Branding Branding Brands 52

DuetsBlog

JUNE 15, 2020

Yes, it’s actually a registered trademark. And, by the way, what is your all-time favorite from the annual Rapala line up that we’ve been covering for a dozen seasons now (minus 2019, given my move)? Rapala’s “More Hits Than Google” Billboard Update (Photo Included) (2009). Good Bye Google, Hello Whudjagiddumon? Rapala Taunts a Monster?

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Registering Trademarks Trademark Branding Brands 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. First, trademark owners need to understand the seriousness of a trademark becoming generic.

Designs 52

Designs Design Trademark Brands 52

43(B)log

OCTOBER 4, 2021

Most of Illinois Tool’s trademark-related claims were time-barred by the statute of limitations and laches. Illinois Tool has long sold threadlockers under the trademark “Permatex.” J-B Weld began in 2010 to sell theadlockers under the “Perma-Lock” name. There was no evidence of intentional trademark infringement.

False Advertising 69

False Advertising Advertising Advertising Trademark 69

SpicyIP

JUNE 13, 2024

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. Case Overview: What were The Parties even Fighting for?

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Brands Branding Branding Marketing 56