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

MARCH 29, 2025

Originally posted 2010-06-21 17:46:10.

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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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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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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

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

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

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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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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Likelihood of Confusion

AUGUST 27, 2022

First posted on June 1, 2010. 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. The post Best of 2010: How Supreme Skateboard plays the edge appeared first on LIKELIHOOD OF CONFUSION™.

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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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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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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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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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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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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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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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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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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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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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Kashishipr

AUGUST 24, 2022

Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India.

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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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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”.

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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.

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Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Instead of protecting consumers, this bill gives trademark owners absolute control over online marketplaces by overturning Tiffany v. Because the bill makes it impossible for online marketplaces to avoid contributory trademark liability, this bill will drive most or all online marketplaces out of the industry. Overturning Tiffany v.

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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.

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Likelihood of Confusion

SEPTEMBER 6, 2024

Originally posted 2010-06-28 01:00:06. Here they report on a Tenth Circuit case clarifiying the applicable standard for declaratory judgment jurisdiction in trademark infringement cases: The court held that the “reasonable apprehension of suit” standard […] The post 10th Cir.

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Likelihood of Confusion

SEPTEMBER 3, 2023

[stextbox id=”alert”]This is a summary and analysis of the recent (August 2, 2010) decision in Rosetta Stone Ltd. 2010 WL 3063152 (E.D. Google Inc., The case has been. The post Rosetta Stone v. Google: Lost in translation appeared first on LIKELIHOOD OF CONFUSION™.

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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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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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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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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.

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IP and Legal Filings

AUGUST 23, 2023

China Bistro/ ” mark against the plaintiff’s trademark “China Bistro/ ”. The single bench, using the trite law of essential features and the average consumer test, reached the conclusion of infringement under §29(2) of the Trademarks Act, 1999 (‘Act’). [2] Agro Tech Food Limited (2010) 44 PTC 736 (Del.) (DB)at

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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. In this lawsuit, the plaintiffs aren’t suing Google for violating their copyrights or trademarks. Wells Fargo v. WhenU concluded that copyright was a dead-end.

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SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Bolt Technology v. First, in Toyota v. Tech Square which was passed against a cancellation petition filed by Toyota against the registration of “Alphard” by Tech Square.

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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™.

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