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Introduction Registration of a trademark is an important step toward building a brand on solid ground. Lack of distinctiveness to incorrect classification are among the common errors that can bring derailment upon your trademark registration.
As seen in the Benny Goodman case in the TTAB, celebrity, brand power and trademark rights may outlive a celebrity’s peak performing years, but will bear fruit only as long as the roots. The post Best of 2013: Arnold Palmer and the Perfect Brand appeared first on LIKELIHOOD OF CONFUSION™.
First published February 14, 2013. The post Best of 2013: WAL-ZYR versus ZYRTEC: Allergic to legislating trademark law? I have no problem using the TTABlog for a blog launching point every week. Why would I when I can riff on a post such. appeared first on LIKELIHOOD OF CONFUSION™.
INTRODUCTION Section 29 [1] of the Trademark Act, 1999 , defines infringement as: “Trademarks infringement occurs if an unauthorized party makes use of a registered trademark in a way that is likely to lead to confusion about the origin of the product.” FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign
Top Trademark Trends of 2021. 2021 was a busy year in the world of trademarks. The uncertainties of COVID in a second year couldn’t stop huge application filing numbers and many developments in the world of trademarks. Trademark scams continued to proliferate, despite some increased efforts to crack down.
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.
The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.
INTRODUCTION A trademark can be registered for the purpose of securing diverse graphic and non-graphic unique symbols and indicia to distinguish the products or services of a trader from that of others. This article discusses the domain of trademark registration, which is useful for businesses and individuals in order to protect their brand.
NBC claims that JKMG is practicing trademark squatting to unfairly make money by registering trademarks belonging to others. What is trademark squatting? WIPO defines trademark squatting as the act of a person registering a trademark for a brand that belongs to someone else. JKMG’s trademark portfolio.
On October 5, HBC filed a statement of claim at the Federal Court of Canada against a Quebec family for trademark infringement, depreciation of goodwill, and passing off. The Zellers Trademark: Then and Now. In 2013, the chain of Zellers stores officially closed. HBC’s Claim of Trademark Infringement. is contravening s.
Originally posted 2013-02-06 13:58:13. Republished by Blog Post PromoterWho but the ultimate trademark pig the NFL would make unwilling third parties endorse their sponsors? The post The ugly side of branding appeared first on LIKELIHOOD OF CONFUSION™. Makes me want to throw a SUPER BOWL PARTY!
While burgers in the trademark case Burger King Co. Although the Pune commercial court held that Burger King US miserably failed to prove that the local eatery had committed trademark infringement, the Bombay High Court stayed this order and restrained the latter from using the trademark Burger King. Who doesnt love burgers?
Introduction The brand ‘Haldiram’ has been synonymous with various savouries in India for many years, especially their legendary bhujia. A recent ruling by the Hon’ble Delhi High Court elevated the brand Haldiram as a well-known trademark. 2024 for further understanding of the concept of well-known trademarks.
Macrotech Developers (formerly known as Lodha Developers) filed a trademark infringement suit against the House of Abhinandan Lodha (HoABL). He also argued that the FSA stipulated that Abhinandan could not use the TM or brand name Lodha in any manner whatsoever. Prafull (2013). Further, Macrotech has sought Rs. in damages.
[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.
The Single Judge Bench (SB) consisting of Justice Sanjeev Narula made some intriguing observations regarding the trademarkability of the mark “Aashiqui” as a movie franchise and restraining its use by other entities. Murugadoss (2013) concerning the title “Raja Rani” and by the Bombay HC in Zee Entertainment Enterprises Ltd v.
PepsiCo had registered the tagline “For the Bold” as a trademark in 2013 for its Doritos tortilla chips and used it extensively for promotions when it was launched in India in 2015. it filed for a trademark infringement and unfair advantage suit in the court against Parle Agro. For the Bold!”, For the Bold!” Antox India (P) Ltd.
What happens when a junior trademark holder’s business becomes so popular and well known that it threatens to swamp the reputation of a senior mark holder? The senior mark holder brings a trademark infringement case alleging “reverse confusion” among its potential customers. After some discovery, Dropbox moved for summary judgment.
Today, it’s about the trademark arena. According to the SCA, the target market for the products was made up of discerning consumers who were more concerned with the precise brand of watch they required, and who would be less likely to be deceived or confused by the limited similarities between the marks.
However, Modelo Grupo (“Modelo”) and Constellation Brands (“Constellation”) would say there is a lot riding on the answer. Modelo, whose parent is Anheuser-Busch InBev (“AB”), created the Corona brand. Then in 2020, Constellation introduced Corona Hard Seltzer, which is a sugar-based, fermented beverage produced in Coahuila, Mexico.
Louis Vuitton Malletier is a French fashion house and one of the most recognisable luxury goods brands in the world. It was awarded the world’s most valuable luxury brand for six consecutive years (2006-2012), topping even Chanel, Gucci, and Dior. After 12 decades, it has become one of the most identifiable marks on the planet!
Originally posted 2013-01-08 13:57:37. Republished by Blog Post PromoterPresident Obama is suffering from the right-of-publicity blues again. And now maybe we understand why he wants an intellectual property anti-counterfeiting lawyer on the Supreme Court — this could rise to the level of an international incident already, Jack!
9, 2022) Interesting case about trademark preemption. The Pumas alleged that defendants violated the New Mexico Unfair Practices Act based on their purchase of a Black & Decker-branded coffeemaker. However, Black & Decker did not in fact design, manufacture, distribute, or warrant the coffeemaker. if they are of another.”
Apparently, Monster launched its MONSTER ENERGY® drink brand including its ® mark (the “Claw Icon”) in 2002. Apparently realizing the importance of its brand, Monster owns at least fourteen federal trademark registrations that include the Claw Icon in various classes of goods and services (the “Asserted Marks”). 1125(c).
In other parts of the notice, takedowns were requested under trademark law. MarkMonitor doesn’t manage all 6,431 domain names currently listed under Nintendo of America, but it has provided brand protection services for some of the biggest names in business. So Real or Fake?
The turbulent behavior is in relation to their intentions to trademark the words “Candy” and “Saga.” It didn’t take long for the accusations of patent “trolling” to come out, but King Digital released a statement that they were merely trying to protect their brand name for the upcoming future. This does not affect our E.U.
This may include creating products with certain distinct features, such as a particular smell or a sound that is exclusive to the product and the brand. Thus, several companies have attempted to manufacture products implanted with a particular smell that is exclusive to the brand. Global and Indian laws concerning smell trademarks.
Section 18 of the Trademark Act, in pertinent part, gives the Director of the USPTO the authority to "modify the application or registration by limiting the goods or services specified therein, [and] otherwise restrict or rectify with respect to the register the registration of a registered mark." 2013 WL 2365029, at *2 (TTAB 2013).
ii] This blog post will (i) introduce the problem of counterfeit sports merchandise, (ii) provide a summary of trademark policy rationales and how they have been applied in the sports apparel context, and (iii) offer a proposed solution to the problem. (i) i) Introduction to the problem of counterfeit sports merchandise. Euroquilt, Inc. ,
Laches can bar both injunctive relief and damages in trademark cases, and here the court grants a motion to dismiss based on laches. As early as 2013, SWS became aware of defendants and “made repeated objections to it via two email exchanges and three letters from Plaintiff’s then-counsel in 2013 and 2014.”
Not only does the Vancouver-based retailer, which Mike Hallatt opened in 2012, sell actual Trader Joe’s branded products, but its name and concept is a knock-off of the Trader Joe’s United States based-chain. Not surprisingly, Trader Joe’s sued Hallatt for trademark infringement (among other claims) in 2013.
Imagine a brand that has multiple locations in the world, trying to print their logo, stating it is “sky blue” or “chicken yellow”. Pava Partner | Trademarks Director La entrada Infographic | International Color Day se publicó primero en OlarteMoure | Intellectual Property. However, it can become a huge mess. Our Expert María A.
.” This four-part miniseries of posts provides a birds-eye view of protections available in China for two-dimensional (2D) and three-dimensional (3D) design elements of products or packaging under trademark, copyright, design patent, and anti-unfair competition laws. Trademark (symbols, designs). Trademark (3D designs).
Despite majority owner Daniel Snyder’s 2013 promise to “NEVER “ change it , the Washington R*dskins NFL franchise team name is about to become history. With that awful history and dogged grip on the indefensible name , the arrival of NEVER and the end of Forever for the the R-Word brand name is long overdue.
The Ninth Circuit recently considered an issue of first impression: What standard of review does an appellate court apply when reviewing a district court’s grant of summary judgment in a trademark infringement case on the equitable basis of the unclean hands doctrine. The Ninth Circuit faced this issue in the case titled: Metal Jeans, Inc.
Brands have recently begun to co-opt this form of communication in an attempt to capitalize on the prevalence and effectiveness of memes. [ii] Trademark, another form of intellectual property, is threatened by genericide and derivative use because such uses may dispossess the rights holder of their entitlement. 29, 2013), [link]. [ii]
Conceived to decide whether nonverbal marks merit trademark protection, nonverbal marks fall into three categories: product packaging (also known as trade dress) which is capable of inherent distinctiveness ; product configuration (also known as product design) which is capable of acquired distinctiveness ; and tertium quid. 113 U.S.P.Q.2D
28, 2022) Brick and mortar infringement still exists, and this opinion considers both copyright and trademark claims. for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. AKF sued LCF etc.
27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. Latinfood U.S.
In 2013, Beasley filed a pro se petition for cancellation of the registration on the ground of fraud, but he failed to prove his case and the Board dismissed the petition. 2019) [ TTABlogged here ], and Jim Beam Brands Co. The Ebonys were one of several bands that offered a style of rhythm and blues dubbed the "Philadephia Sound."
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.
If you create a standalone design that you can then apply across a range of products, this will come under a different intellectual property registration system, such as a logo trademark. Data for industrial design registrations covers 2005 – 2021 and shows a much more sporadic pattern than trademarks or patents. respectively.
Relationship to use as a trademark; symmetry b/t types of use that might allow acquisition of rights v. Disclaimers/Laura Heymann’s work in 2013: a consumer protection law approach to disclaimers about where you expect to find information. Intro, Graeme Dinwoodie Ornamentality is undertheorized. types of use that might infringe?
The Federal Circuit’s pair of decisions provide guidance on how logos factor into the design patent infringement inquiry, and begin to tease-out differences in policy concerns underlying design patent law versus trademark law. For trademark infringement under the Lanham Act, likelihood of consumer confusion is a key requirement.
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