IP and Legal Filings

NOVEMBER 1, 2023

Frank Schechter which says that a common (Generic) name can be registered by anyone, but no one has the exclusive right to that trademark, For instance, the renowned brand Apple has its trademark registered under various classes but the word ‘apple’ diluted under class 29 of the food category. 2010 (42) PTC 572 (Del.)

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Trademark Registering Trademarks Branding Brands 105

Erik K Pelton

DECEMBER 28, 2020

Established, but offensive, brands change names. Never before have some many brands backed away from names or name origins that were offensive. Uncle Ben’s, Eskimo Pie, Aunt Jemima, Washington Redskins, and Cleveland Indians are some of the brands began name changes or removed items from their logo in 2020. 2010: [link].

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Trademark All Rights Reserved Registration Branding 130

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may. 2010 (42) PTC 572 (Del.)

Trademark 98

Trademark Registering Trademarks Trademark Law Branding 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. . Photo Credits: BP Miller ( Unsplash).

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Trademark Registration Trademark Law Intellectual Property 59

Kashishipr

JANUARY 12, 2022

Often, hashtags help businesses reach out to their target audience and connect with them, which may further help them attain and achieve goodwill and raise awareness about their brand. Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection.

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

Erik K Pelton

DECEMBER 20, 2022

Celebrity trademark messes. Besides Mariah, there were many other celebrity trademark stories this year, as more an more celebrities launch more and more brands. Erik Pelton® has been making trademarks bloom since 1999 ® as the founder of Erik M. Past issues of Top Trademark Trends: 2021: [link]. 2010: [link].

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

IP and Legal Filings

MARCH 28, 2023

Marks that are so well-known, highly regarded, or famous that governments have determined they warrant protection regardless of whether their unauthorised use is likely to lead to consumer confusion are protected by trademark dilution. This is known as trademark dilution. 2010 (42) PTC 572 (Del.) [2] Blurring Tarnishing 1.Blurring

Trademark 96

Trademark Branding Brands Branding 96

IP and Legal Filings

MARCH 7, 2022

As a result, the trademark act was adopted in 1999 to grant the owner of the mark exclusive rights to use the mark and prohibit unlicensed individuals from doing so. 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 Branding 89

The IPKat

FEBRUARY 11, 2022

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.

Trademark 56

Trademark Trademark Law Branding Brands 56

IP and Legal Filings

MARCH 7, 2022

As a result, the trademark act was adopted in 1999 to grant the owner of the mark exclusive rights to use the mark and prohibit unlicensed individuals from doing so. 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

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. The same is then safeguarded under trademark law.

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Trademark Branding Brands Branding 52

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] Notwithstanding the essence of this finding, this is too narrow an interpretation of the true spirit of trademark law. NLSI Rev 67, 73 (2010). [11]

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Registration Trademark Trademark Law Law 98

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. This helps the brand owner to protect his mark in multiple jurisdictions without the need for extensive procedure.

Registration 52

Registration Branding Brands Branding 52

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.

Trademark 75

Trademark Advertising Advertising Registration 75

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 Brands Branding Branding 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. PDO and PGI designations are used for agricultural products that traditionally have been produced in a particular geographic region.

Designs 52

Designs Design Trademark Branding 52

SpicyIP

AUGUST 26, 2024

Further, it was alleged that they were diluting and tarnishing the brand by publishing AI-generated deepfake content using the said characters image and appearance across online platforms, including pornographic websites, which, the plaintiff argued, was detrimental to the overall reputation and goodwill amassed by the show over the years.

Personality Rights 111

Personality Rights Privacy Copyright Trademark 111

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. The term ‘Celebrity’ is not defined in the Intellectual Property Law in India; however, the Indian Copyright Act defines the term “performer” which is a wider expression and may include the word “Celebrity”.

Trademark 52

Trademark Registration Branding Brands 52

SpicyIP

JUNE 13, 2024

and Ors (2010), to argue that the initial diversion of consumer attention is sufficient to constitute TM infringement. Essentially, consumers are motivated to make positive efforts—such as verifying brand authenticity or switching websites—only if they perceive a substantial benefit from doing so. Google India Pvt.

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Branding Brands Branding Marketing 56

Technology & Marketing Law Blog

OCTOBER 19, 2021

WhenU concluded that trademarks was a dead-end. Nevertheless, because adware often provided poor consumer experiences, adware largely fizzled out by 2010. The Silvaco court also cautioned that “the expansion of conversion law to reach intangible property should not be permitted to ‘displace other, more suitable law.’”

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Licensing Copyright Contracts Advertising 105

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. PDO and PGI designations are used for agricultural products that traditionally have been produced in a particular geographic region.

Designs 40

Designs Design Branding Brands 40

SpicyIP

DECEMBER 30, 2023

Eventually, Johnson and Johnson announced that it would no longer enforce their patents for Bedaquiline (brand name: Sirturo) which is used in the treatment of multidrug-resistant tuberculosis (MDR-TB) in 134 low- and middle-income countries. The rejection order is authored by Dr. Latika Dawara, Asst. Bolt Technology v. First, in Toyota v.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

NOVEMBER 8, 2023

So … Prashant’s post was followed by a detailed post on Adwords and Trademark Law cautioning that a traditional interpretation of “use in commerce” could jeopardize the rights of trademark owners, given the evolving business models. DRS , where the court held that ad-words are not inherently violative of trademark rights.

Trademark 59

Trademark Publishing Journalism Copyright 59

LexBlog IP

SEPTEMBER 29, 2022

19 The distinctive character of a trade mark must be assessed by reference, first, to the goods or services in respect of which registration is sought and, second, to the perception of the relevant public (see judgment of 12 February 2004, Henkel, C‑218/01, EU:C:2004:88, paragraph 50 and the case-law cited).

Trademark 52

Trademark Registration Music Intellectual Property 52

IP and Legal Filings

FEBRUARY 19, 2025

At the first instance this practise may look harmless, Since the brand does not officially associate with the organisers, it may pretend to believe as there is no use or direct infringement of the logo or name of the event. This type of marketing practise is known as ambush marketing practise. What Is Ambush Marketing?

Intellectual Property 96

Intellectual Property Marketing Marketing Branding 96

Likelihood of Confusion

OCTOBER 10, 2024

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

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Blogging Publishing Brands Branding 98

IP and Legal Filings

OCTOBER 23, 2024

A brand’s name, particularly when it takes the shape of a trademark, can define its identity, reputation, and value, making it an asset that is valuable to safeguard. Trademarks are unique “marks”, names, symbols, signs, words or phrases that define a brand or company’s products or services.

Trademark 86

Trademark Registration Branding Brands 86

Likelihood of Confusion

NOVEMBER 26, 2024

Originally posted 2010-10-22 15:37:30. I don’t always agree with my Duets […] The post Sue you in the funny papers!

Blogging 52

Blogging Brands Branding Branding 52

Patently-O

DECEMBER 12, 2021

3] In re Hoefflin , 97 USPQ2d 1176, 2010 WL 5191373, *3 (TTAB 2010). [4] 10] In re Hoefflin , 2010 WL 5191373, *1. [11] Lemley, What the Right of Publicity Can Learn from Trademark Law , 58 Stan. 1] In re Nieves & Nieves LLC , 113 USPQ2d 1629, 2015 WL 496132, *12 (TTAB 2015). [2] at *12-*14. [3] 20-2205, Doc.

Registration 69

Registration Government Advertising Advertising 69