Greenspoon Marder LLP

JANUARY 12, 2017

Designer Tara Martin launched the “My Other Bag” handbag line in 2011. Her canvas tote bags say “My Other Bag…” on one side, and the other side contains a drawing or image of a high-end designer handbag, such as Louis Vuitton. By: Sharon Urias, Esq. The My Other Bag totes typically are priced between $35.00 and $55.00.

Intellectual Property 52

Intellectual Property Designs Design Branding 52

The IP Law Blog

FEBRUARY 3, 2022

In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” This protected designation was superseded by adoption of the Protected Designation of Origin (“PDO”) for GRUYÈRE in 2001.

Designs 52

Designs Design Trademark Branding 52

The IP Law Blog

SEPTEMBER 22, 2022

The district court granted the motion, ruling that P&P had failed to produce evidence “of secondary meaning” because it failed to show that consumers would associate its trade dress specifically with P&P, relying on a 2011 Ninth Circuit case, Fleischer Studios, Inc. P&P appealed the summary judgment ruling to the Ninth Circuit.

Copying 98

Copying Marketing Marketing Advertising 98

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. 131, 132-133 (2020). [2]

Registration 98

Registration Trademark Trademark Law Law 98

IP and Legal Filings

FEBRUARY 7, 2023

The platform integrates platforms, digital accelerators, domain and design skills, and solid partnerships in a “rich creator-partner economy.” The general public could view the collection’s three-dimensional designs by scanning a QR code. 181 (2011) DLT 716. [2]

Trademark 98

Trademark Non-Fungible Tokens Branding Branding 98

LexBlog IP

FEBRUARY 3, 2022

In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” The test turns upon the primary significance that the term would have to the relevant public.

Designs 40

Designs Design Branding Brands 40

LexBlog IP

JULY 5, 2023

On June 29, 2023, the Supreme Court adopted a restrictive view of the extraterritorial application of the Lanham Act, holding that federal trademark law cannot support a claim for trademark infringement against solely foreign conduct. The case is Abitron Austria GmbH v. Hetronic International, Inc.

Trademark 52

Trademark Marketing Marketing Contracts 52

IP and Legal Filings

APRIL 10, 2025

The current statute provides protection of these celebrity rights under trademark law, copyright law as well as passing off action for infringing the said rights. under the trademark laws. Also, Indian law recognises personality rights if the person has individually acquired public recognition.

Personality Rights 52

Personality Rights Privacy Intellectual Property Journalism 52

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

The IP Law Blog

MARCH 2, 2021

In Romag , the Court examined whether a plaintiff in a trademark infringement action is required to show that a defendant willfully infringed the plaintiff’s trademark to obtain a profits award. But even if the Court put aside these issues, its own survey of the case law was less convincing than Fossil would have had the Court believe.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

The court starts its trademark analysis nostalgically: “Turn back the clock to the Internet’s nascent age—1999.” Netscape and 2011 Network Automation cases modified it. ” (How about this: let’s not). The court recounts the perennially problematic Brookfield case and how the 2004 Playboy v.

Advertising 126

Advertising Advertising Trademark Settlement 126

IP and Legal Filings

NOVEMBER 23, 2024

Finally, Apple uses its trademarks largely within its marketing strategies in such a way that they are displayed in advertisements, product packaging, and retail shops, which serves to sustain its high-tech and premium brand image. Recent developments include e-filing and expedited examination procedures designed to facilitate registration.

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