Erik K Pelton

DECEMBER 28, 2020

And trademarks have been along for the ride. While there were not, in my opinion, any major court developments affecting trademark owners, there have been many other events and changes that have impacted the world of trademarks over the past 12 months. The year’s biggest story impacted trademarks in a few different ways.

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Likelihood of Confusion

FEBRUARY 10, 2025

Originally posted 2010-09-29 14:04:09. However, that setbackdid not dissuade him from continuing to push against trademark law limitations. Recently, the USPTO issued a trademark registration certificate for his sensory mark.

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Trademark Law Music Registration Blogging 52

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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Likelihood of Confusion

JULY 31, 2024

Republished by Blog Post PromoterFirst posted July 12, 2010. 2010 WL 2541367 (S.D.N.Y.), Jane Coleman’s definitive online treatise Secondary Trademark Infringement has recently been updated […] The post Best of 2010: Gucci v. Frontline Processing Corp., discussed here casually earlier.

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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.

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Likelihood of Confusion

JULY 30, 2023

In 2010 I wrote this post about a now-notorious case, eventually ensconced as Louis Vuitton Malletier, S.A. The post Trademark parodies and iconic marks: can foul become fair? Hyundai Motor America, 2012 WL 1022247 (S.D.N.Y., March 22, 2012) and covered. appeared first on LIKELIHOOD OF CONFUSION™.

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Kashishipr

JANUARY 12, 2022

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. The trend of incentivizing hashtags as trademarks began way back in 2010, and since then, the filing of such Trademark Applications has spiked globally.

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Trademark Registration Registering Trademarks Social Media 105

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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Technology & Marketing Law Blog

NOVEMBER 11, 2023

The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines, Car-Freshner has turned into a serial plaintiff, though this is my first time blogging them in-depth. I see potential legitimate trademark defenses for the design. This ruling highlights the legal risk.

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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

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.

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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.

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Trademark Registering Trademarks Trademark Law Branding 98

SpicyIP

FEBRUARY 3, 2025

Prabha Sridevan, Judge, MHC (2000-2010) and Chairperson, IPAB (2011-2013) was recently interviewed by SpicyIP Doctoral Fellow Malobika Sen as part of her doctoral research. the original plaintiff) filed a suit to protect four registered Kirloskar trademarks against alleged infringers. Kirloskar Brothers Ltd.

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Copyright Litigation Trademark Copyright Infringement 95

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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Trademark Branding Branding Brands 96

Likelihood of Confusion

MARCH 30, 2025

Originally posted 2010-11-18 18:43:32. Republished by Blog Post PromoterRichard Bergovoy: The only thing worse for a licensor than losing money when its licensee files for bankruptcy is paying attorneys fees on top of that to stop the bleeding.

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Blogging Trademark Law Contracts Licensing 52

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 Watchdog

JULY 19, 2022

METAx, LLC (Meta) was founded in 2010 by Justin “JB” Bolognino, who is described in the complaint filed in the U.S. Meta has continuously used the term “META” as part of a composite mark, and has been commonly referred to as Meta in trade and commerce, since 2010. A small business owner is suing Meta Platforms, Inc.,

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Intellectual Property Business Technology Law 116

Likelihood of Confusion

NOVEMBER 16, 2021

The Second Circuit, unsurprisingly according to most commentators, has affirmed the decision of the Southern District of New York refusing to find eBay liable for contributory trademark infrintgement in the. The post Best of 2010: Forget breakfast — eBay eats Tiffany’s lunch appeared first on LIKELIHOOD OF CONFUSION™.

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Plagiarism Today

NOVEMBER 22, 2021

Back in 2010, U.S. Immigrations and Customs Enforcement (ICE) seized some 82 domains that it claimed where trafficking in either counterfeit or trademark infringing goods. See Also: Why You Can’t Copy a Recipe Book. 4: What the ICE Domain Seizures Mean for You.

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SpicyIP

AUGUST 8, 2023

When assessing whether a plaintiff in a trademark infringement suit is entitled to an interim injunction, the findings of courts on the 3 factors of prima facie case, balance of convenience and irreparable harm are typically uniform, either supporting the grant of an injunction or its refusal. Rahul is an attorney at Ira Law.]

Trademark 98

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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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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 Branding 89

The TTABlog

JANUARY 29, 2025

Rogers, who served as Chief Judge since November 2010 after a one-year stint as Acting Chief Judge. Before taking on responsibility as Deputy Chief Judge and Acting Chief Judge, he spent 13 years serving as one of the TTABs Administrative Trademark Judges, sitting on panels to hear appeal and trial cases, and authoring final decisions.

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Trademark Copyright Law 45

Likelihood of Confusion

AUGUST 17, 2024

Originally posted 2010-08-17 18:21:16. Republished by Blog Post PromoterCan a building be a trademark? Can a photo of a building be a trademark? Can a drawing based on a photo of a building be a trademark? I’d be inclined to answer no, no, maybe.

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The IPKat

MARCH 24, 2023

On Jan 11th, the General Court in T-346/21 – Hecht Pharma v EUIPO – upheld a decision that a trademark was not to be revoked as the proprietor had proved genuine use. Background Gufic Pharmaceuticals, a manufacturer of Ayurvedic medicines, registered in 2010 the word mark “Gufic” for goods in Classes 3, 5, and 29. Not a trademark?

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Trademark Advertising Advertising Trademark Law 85

The TTABlog

AUGUST 20, 2024

With the retirements of Judges Bergsman and Wolfson, the passing of Judge Hudis, and the addition of six judges this year, the Board’s membership now stands at thirty-one (31) Administrative Trademark Judges. Prior Professional Experience : Trademark Examining Attorney; TTAB Interlocutory Attorney; Education : B.A., Rogers, Gerard F.

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Trademark Law Copyright 72

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 Branding 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 Branding Brands 58

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 Branding Brands 52

The IPKat

JULY 22, 2022

In 2006, work on simplifying procedures for the protection of industrial designs started in the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) , which has evolved into the draft for the proposed DLT. plants, animals, and microorganisms), and knowledge systems.

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IPilogue

MARCH 31, 2022

In the first presentation, Carolina Arias Burgos, an economist at the European Union Intellectual Property Office , discussed trademark filing as a leading indicator of the state of the European economy. Their research shows that pandemic-era trademark activities fundamentally changed in the application text context.

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Greenspoon Marder LLP

OCTOBER 21, 2012

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. The defendants must also turn over any products bearing The Butt Face trademark for destruction and pay $65,000 to The North Face. and James Winkelmann, Jr.

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Likelihood of Confusion

OCTOBER 10, 2021

Originally posted 2010-09-13 10:50:42. The post Yes, you can get your trademark judgment enforced in a foreign country! Uh, not really. Not in this lifetime. But you can get it enforced in Canada, which is the next best thing. Republished by Blog Post Promoter. appeared first on LIKELIHOOD OF CONFUSION™.

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The TTABlog

NOVEMBER 10, 2021

To be registrable, a proposed trademark must function as a source indicator in the eyes of relevant consumers. 96 USPQ2d 1227, 1229 (TTAB 2010); In re Aerospace Optics, Inc., Hungerford Smith” to identify the source of its soft drink syrup; the proposed mark "Burgundy"appeared only as a flavor designation and not as a trademark.

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IP and Legal Filings

SEPTEMBER 27, 2021

The dispute concerning trademarks is much common. The applicant Cole Haan LLC filed for registration of figurative sign Ø as an EU trademark under Nice Classes 18 and 25, which includes suitcases, bags, and clothing. The post Protecting Your Trademark: What About Letters? first appeared on IPLF.

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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 Branding 52

Indiana Intellectual Property Law

OCTOBER 6, 2023

Celina, Texas – Plaintiff, Nickels and Dimes Incorporated is suing LaPorte, Indiana company, Noah’s Arcade, LLC d/b/a Full Tilt , for infringement of its federally registered trademark TILT, in association with arcade , amusement, and entertainment services, under Section 32(1) of the Lanham Act, 15 U.S.C.

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