IP Close Up

JUNE 1, 2022

Despite the high economic relevance of innovation and explosive invention growth reflected in the number of patents issued annually by the United States Patent and Trademark Continue reading.

Patent 124

Patent Invention Trademark Patent Troll 124

Erik K Pelton

DECEMBER 31, 2021

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.

Editing 147

Editing Non-Fungible Tokens Trademark All Rights Reserved 147

Likelihood of Confusion

SEPTEMBER 2, 2022

First published on June 27, 2013. The post Best of 2013: Lanham Act attorneys’ fees: Good to know appeared first on LIKELIHOOD OF CONFUSION™. The situation with attorneys’ fees in “exceptional cases” under the Lanham Act is, to put it mildly, not clear. I’ve written about it.

Publishing 75

Publishing Trademark 75

Erik K Pelton

DECEMBER 20, 2022

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.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

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.

Trademark 130

Trademark All Rights Reserved Registration Branding 130

IPilogue

SEPTEMBER 1, 2022

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.

Trademark 105

Trademark Registration Registering Trademarks Branding 105

Erik K Pelton

JULY 28, 2020

A few weeks ago, the USPTO published a Notice of Proposed Rulemaking to adjust fees for trademark filings. According to a 2013 report from WIPO, small and medium-sized enterprises rely on trademarks much more than patents. Just a few quarters ago, the USPTO touted that the trademark division had a growing surplus.

Trademark 130

Trademark Business Social Media Reporting 130

IP and Legal Filings

JULY 9, 2024

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.

Trademark 98

Trademark Registration Branding Brands 98

IPilogue

DECEMBER 6, 2021

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.

Trademark 111

Trademark Intellectual Property Intellectual Property Law Registration 111

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.

Copyright 95

Copyright Trademark Litigation Copyright Infringement 95

IP and Legal Filings

SEPTEMBER 12, 2024

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

Branding 98

Branding Brands Branding Trademark 98

Likelihood of Confusion

JULY 17, 2021

In October of 2013 I blogged here about my participation in a panel on “trademark misuse” at the annual meeting of the AIPLA, where, The post Best of 2014: Nothing but err appeared first on LIKELIHOOD OF CONFUSION™. Originally published on February 21, 2014.

Blogging 116

Blogging Publishing Trademark 116

SpicyIP

NOVEMBER 23, 2021

We are pleased to bring you a guest post from Payal Saraogi, on a recent decision of the Delhi High Court on Google’s use of trademarks as advertisement keywords. Revival of the Third-party Trademark as a Keyword Dispute. Google India Private Limited and others. The parties and their positions.

Trademark 105

Trademark Advertising Advertising Trademark Law 105

The IPKat

NOVEMBER 24, 2022

On October 30, 2013, a German company applied to the German Trade Mark Office (DPMA) for a word mark “Black Friday”. On December 20, 2013, the trade mark was registered for a large number of goods and services in classes 9, 35 and 41. The trademark was remained valid in Classes 9 and 41, and in part of Class 35.

Registration 118

Registration Advertising Advertising Art 118

The TTABlog

SEPTEMBER 8, 2022

Andrusiek's "actual" trademark use on comic books did not begin until 2017, but from 2006 he used the term as the name of a character, which the Board accepted as use analogous to trademark use, leading to the award of priority to Andrusiek. 108 USPQ2d 1134, 1145 (TTAB 2013). Andrusiek v. Cosmic Crusaders LLC and Lewis J.

Registration 73

Registration Trademark Social Media Copying 73

SpicyIP

MARCH 14, 2025

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?

Trademark 64

Trademark Registering Trademarks Registration Branding 64

Likelihood of Confusion

APRIL 13, 2025

Originally posted 2013-10-08 13:01:57. Republished by Blog Post PromoterAmerica’s greatest natural Trademark Trial and Appeal Board resource, John Welch, has posted part one of his Top Ten TTAB Decisions of 2011.

Blogging 40

Blogging Trademark 40

IP and Legal Filings

JUNE 10, 2024

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.

Trademark 98

Trademark Advertising Advertising Registering Trademarks 98

IP Watchdog

APRIL 21, 2022

Patent and Trademark Office (USPTO), who has an important executive role with political accountability and therefore, by statute, must be Presidentially-Appointed and Senate-Confirmed (PAS). This rule applies equally to the Director of the U.S.

Design 120

Design Designs Trademark Patent 120

JIPL Online

FEBRUARY 26, 2021

If the title sounds familiar, you are part of the reason Booking.com successfully trademarked “Booking.com” while paving the way for owners of similar marks to receive trademark protection. The Decision. Justice Breyer disagreed with the majority’s decision, specifically (1) that placing “.com”

Trademark 98

Trademark Registration Trademark Law Advertising 98

JD Supra Law

DECEMBER 27, 2021

2021) In 2013, Nike, Inc. Converse") brought a trademark infringement action under the Lanham Act against hundreds of participants in Chinese counterfeiting networks. Legal developments - 1. Next Investments, LLC v. Bank of China, No. 20-602 (2d Cir. Nike") and Converse Inc.

Reporting 98

Reporting Trademark 98

IP and Legal Filings

NOVEMBER 11, 2024

A recent ruling by the Hon’ble Delhi High Court elevated the brand Haldiram as a well-known trademark. This is a landmark decision in the Indian intellectual property law regime as it sets a precedent for safeguarding established trademarks in India. 2024 for further understanding of the concept of well-known trademarks.

Trademark 88

Trademark Branding Brands Branding 88

Patently-O

NOVEMBER 29, 2021

This is a trademark case. Dollar Financial holds registered trademarks for MONEY MART – the name it uses for its payday and title loan venders as well as pawn shops and pawn brokerages. Brittex Financial v. Dollar Financial ( Fed. The USPTO then granted the registrations associated with the new uses.

Trademark Law 80

Trademark Law Trademark Law Registration 80

The IP Law Blog

MAY 20, 2021

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.

Trademark 98

Trademark Marketing Marketing Business 98

The Illusion of More

JUNE 7, 2022

“Defcad stands against artificial scarcity, intellectual property, copyright, patentable objects, and regulation in all its forms.” – Cody Wilson, Promo Video, 2013 – In 2012, when this blog was new, I wrote a short piece about Cody Wilson’s vision to combine Second Amendment maximalism with tech-utopianism to ensure that every citizen has even easier (..)

IP 126

IP Intellectual Property Blogging Copyright 126

SpicyIP

SEPTEMBER 16, 2024

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.

Registration 105

Registration Television Trademark Trademark Law 105

IP Watchdog

OCTOBER 5, 2021

Under European Union (EU) law—specifically, Article 103(2) of Regulation 1308/2013—signs that qualify as protected designations of origin (PDOs) or protected geographical indications (PGIs) are shielded against any direct or indirect commercial use, as well as against any “evocation” of it that is likely to mislead a consumer as to the true origin (..)

Design 112

Design Designs Law Trademark 112

The TTABlog

JANUARY 8, 2024

Andrusiek's "actual" trademark use on comic books did not begin until 2017, but from 2006 he used the term as the name of a character, which the Board accepted as use analogous to trademark use, leading to the award of priority to Andrusiek. 108 USPQ2d 1134, 1145 (TTAB 2013). Andrusiek v. Cosmic Crusaders LLC and Lewis J.

Registration 58

Registration Trademark Social Media Design 58

Likelihood of Confusion

OCTOBER 25, 2024

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!

Intellectual Property 52

Intellectual Property Blogging Fair Use Brands 52

Erik K Pelton

MAY 28, 2024

The following are the comments our firm submitted today regarding the USPTO’s proposed trademark fee changes and increases: Docket No.: Pelton & Associates, PLLC Regarding “Setting and Adjusting Trademark Fees During Fiscal Year 2025” The following are the comments of Erik M. trademark registrations.

Registration 147

Registration Trademark Business Reporting 147

The IPKat

DECEMBER 17, 2021

Today, it’s about the trademark arena. The court declined to form an opinion on Apple’s contention that over the past 15 years, it had established a family of i-prefix trademarks, which would assist a consumer in better recognising its products. (c)

Trademark 74

Trademark IP Registering Trademarks Branding 74

The TTABlog

NOVEMBER 10, 2021

To be registrable, a proposed trademark must function as a source indicator in the eyes of relevant consumers. 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. Is DRINK MORE BEER too common a phrase to serve as a trademark?

Trademark 97

Trademark Registration Design Designs 97

Garrigues Blog

FEBRUARY 7, 2023

In addition, collective trademarks identify goods or services of members of their association with respect to third parties. Furthermore, on March 12, 2013, the Morcilla de Burgos Manufacturers’ Association filed an application for the following Spanish collective trademark no. However, can the two coexist?

Trademark 52

Trademark Registration Intellectual Property Blogging 52

SpicyIP

AUGUST 10, 2023

The case revolved around SAP Se (Appellant) trying to furnish new evidence according to the Trademark Rules, 2002. It started trading in India in around 1992 under the mark “SAP” and applied for trademark registration in 1999. The Appellant herein was a software entity providing business solutions for a number of industries.

Trademark 98

Trademark Law IP Registration 98

The IPKat

OCTOBER 12, 2022

A major contribution of economics to our understanding of trademarks is "search costs", generally here. This idea is that trademarks are an efficient tool for consumers because a consumer can rely on the mark, rather than having to search for sufficient information about the source of the product each time he wishes to make a purchase.

Law 127

Law Trademark Public Domain Licensing 127

Greenspoon Marder LLP

FEBRUARY 16, 2014

The turbulent behavior is in relation to their intentions to trademark the words “Candy” and “Saga.” Since then, however, it appears that King Digital has backtracked on their original intentions slightly, and has removed their application to trademark the word “Candy.” This does not affect our E.U.

Registration 52

Registration Trademark Patent Troll Marketing 52

Selvam & Selvam Blog

JULY 20, 2021

It is pertinent to note that these keywords can either be generic terms like “red bag” or trademarks such as “Louis Vuitton” and the issue arises when the latter is bid for. The law surrounding third parties bidding on trademarks has been settled by way of many injunctions as seen in Make My Trip (India) Private Limited v.

Advertising 52

Advertising Advertising Trademark Intellectual Property 52