Erik K Pelton

DECEMBER 31, 2021

Pelton & Associates ®, a boutique trademark law firm in Falls Church, Virginia. trademarks for clients and has represented hundreds of parties in trademark disputes. Past issues of Top Trademark Trends: 2020: [link]. 2013: [link]. The firm has registered more than 3,500 U.S. 2019: [link].

Editing 147

Editing Non-Fungible Tokens Trademark All Rights Reserved 147

IAM Magazine

NOVEMBER 2, 2022

After six years of judicial practice, the punitive damages clause in the Trademark Law was revised to one to five times the actual damages in 2019 from one to three times the actual damages in 2013. In the same year, the Anti-Unfair Competition Law was also introduced for the first time, with the same range of one to five times.

Trademark Law 52

Trademark Law IP Trademark Law 52

Erik K Pelton

DECEMBER 20, 2022

Pelton & Associates ®, a boutique trademark law firm in Falls Church, Virginia. trademarks for clients and has represented hundreds of parties in trademark disputes. Past issues of Top Trademark Trends: 2021: [link]. 2013: [link]. The firm has registered more than 4,000 U.S. 2020: [link].

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

JIPL Online

APRIL 7, 2021

[viii] This massive dichotomy in prices forces fans to choose between the Scylla of paying hundreds of dollars for a jersey to support their favorite team because of sports licensing monopolies, and the Charybdis of perpetuating trademark infringement by knowingly or unknowingly patronizing these shady, unregulated vendors. (ii)

Marketing 98

Marketing Marketing Licensing Trademark Law 98

IP and Legal Filings

SEPTEMBER 12, 2024

3] [Image Sources: Shutterstock] Starbucks vs. Charbucks: This long-running dispute from 2001 to 2013 over a small New Hampshire coffee roaster’s use of “Charbucks” for dark roast coffee, arguing that Starbucks had diluted its famous trademark, places a number of issues regarding trademark dilution and parody at the very centre of this case.

Branding 98

Branding Brands Branding Trademark 98

TorrentFreak

APRIL 26, 2024

In other parts of the notice, takedowns were requested under trademark law. When Apple worked with MarkMonitor back in 2013, records show the company operated the domain mm-apple.com. A similar notice sent to GitHub in 2020 took content down using the DMCA.

Artwork 144

Artwork Branding Brands Branding 144

SpicyIP

MARCH 14, 2025

In Mohan Meakin Ltd v AB Sugars Ltd (2013), wherein the mark TALL MOM was deemed identical to OLD MONK on grounds of phonetic similarity, despite the difference in product categories (former being country liquor and latter being Indian Made Foreign Liquor), the Delhi HC found infringement under section 29(2)(c), while presuming consumer confusion.

Trademark 63

Trademark Registering Trademarks Registration Brands 63

Erik K Pelton

DECEMBER 28, 2020

Pelton & Associates ®, a boutique trademark law firm in Falls Church, Virginia. trademarks for clients and has represented hundreds of parties in trademark disputes. Past issues of Top Trademark Trends: 2019: [link]. 2013: [link]. The firm has registered more than 3,000 U.S. 2018: [link]. 2017: [link].

Trademark 130

Trademark All Rights Reserved Registration Branding 130

SpicyIP

FEBRUARY 9, 2025

In Trademark law, it is important to determine if the mark is being used to offer goods and services similar to the ones for which it is registered. Prafull (2013). Macrotech Developers similarly, he argues, has filed the suit to protect their brand. Lets assume that HoABL and Macrotech developers operate in distinct businesses.

Branding 58

Branding Branding Brands Business 58

Likelihood of Confusion

OCTOBER 28, 2024

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? Makes me want to throw a SUPER BOWL PARTY! The post The ugly side of branding appeared first on LIKELIHOOD OF CONFUSION™.

Brands 52

Brands Branding Branding Blogging 52

Likelihood of Confusion

OCTOBER 2, 2024

Originally posted 2013-08-21 01:25:09. Sand Hill Advisors, LLC — a trademark case […] The post Likelihood of — well, no, actually. Republished by Blog Post PromoterAt least in some parts of the country, LIKELIHOOD OF CONFUSION is something judges actually sometimes don’t find. Out there, for example. The left.

Blogging 52

Blogging Trademark Trademark Law Law 52

The IP Law Blog

MAY 27, 2021

In 2013, Constellation acquired perpetual, irrevocable, and exclusive license rights in the Corona marks, which gave Constellation the right to sell products under the Corona trademark. However, Modelo Grupo (“Modelo”) and Constellation Brands (“Constellation”) would say there is a lot riding on the answer.

Licensing 103

Licensing Branding Branding Brands 103

JIPEL Copyright Blog

APRIL 4, 2022

And then what if I told you that the practice has had precedent since 2013? a 2013 TTAB case, does just that. 2d 1684 (TTAB 2013). That you could submit a product configuration mark to TTAB and not only get denied registration, but that they could tell you that you can never reapply? Even with proven secondary meaning?

Registration 52

Registration Designs Design Trademark 52

JIPL Online

FEBRUARY 26, 2021

com” at after a generic word, “Booking,” still makes “Booking.com” generic within traditional trademark law [xiv] and (2) the fact consumer identify “Booking.com” doesn’t change the fact that it is still generic and thus ineligible for trademark registration. [xv] 21, 2013), [link]. [vi] Booking.com B.V., at 2301 (2020).

Trademark 98

Trademark Registration Trademark Law Advertising 98

Likelihood of Confusion

OCTOBER 15, 2021

” Originally posted 2013-07-10 14:26:04. It rejects the stupid and unconstitutional argument that “commercial use” under the Lanham Act’s dilution provisions can be found where there is simply “diversion.” Republished by Blog.

Blogging 52

Blogging Trademark Law Trademark Law 52

SpicyIP

NOVEMBER 23, 2021

While doing so, the Court disregarded many of the foreign judgements cited by Google which held invisible use of trademarks as failing to constitute infringement; and highlighted the stark differences in trademark law in each jurisdiction, especially when compared to India. 202 (2013) DLT 291; Kapil Wadhwa & Ors.

Trademark 105

Trademark Advertising Advertising Trademark Law 105

SpicyIP

MARCH 20, 2023

Note that even the patent and trademark law requires mandatory registration on the transfer/assignment of intellectual property (Section 45 Trademark Act 1999; Section 68 Patents Act 1970). These records provide banks with a clear history of ownership of that land and thus assure them of the valid title of the borrower.

Registration 111

Registration IP Copyright Due Diligence 111

Erik K Pelton

MAY 28, 2024

Mr. Pelton supervised the Trademark Clinic at Howard University School of Law from 2020 to 2024 and has been an adjunct trademark law professor at Georgetown University since 2023. 1] Moreover, according to a 2013 report from WIPO, small and medium-sized enterprises rely more heavily on trademarks than patents. [2]

Registration 147

Registration Trademark Business Reporting 147

The TTABlog

NOVEMBER 6, 2023

But after 2013, when Respondent last advertised the CS amps in its domestic catalogs, domestic sales plummeted, rapidly dwindling to single digits and then zero at some points in the critical 2016-2021 time frame. Lanham Act, Section 45.

Registration 61

Registration Branding Brands Branding 61

The IP Law Blog

FEBRUARY 3, 2022

Under US trademark law the test for genericness is comprised of two parts: (1) what is the genus of goods or services at issue; and (2) does the relevant public understand the designation primarily to refer to that genus of goods or services. Emmi AG was the parent company of Emmi Roth and a member of Interprofession du Gruyère.

Designs 52

Designs Design Trademark Branding 52

Patently-O

SEPTEMBER 17, 2023

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. See, e.g. , Groeneveld Transp. Efficiency, Inc. Lubecore Int’l, Inc. , 3d 494 (6th Cir.

Design Patent 72

Design Patent Patent Infringement Designs Design 72

Technology & Marketing Law Blog

MARCH 10, 2022

201 (Spring 2013). Washington State’s Proposed Employer Social Media Law: The Legislature Should Take a Cautious Approach — SB 5211. Big Problems in California’s New Law Restricting Employers’ Access to Employees’ Online Accounts (Forbes Cross-Post). Social Media and Trademark Law” Talk Notes. TELECOMM. &

Social Media 98

Social Media Contracts Ownership Business 98

IP and Legal Filings

OCTOBER 4, 2022

However, with the publication on 23 October 2012 of UAE Federal Law No. 4 of 2012 Concerning Regulation of Competition all businesses with operations in the UAE or supplying goods and services to the UAE market will have to ensure that they focus on and comply with the provisions of this new law. A GCC Trademark Law was issued in 2006.

Intellectual Property 52

Intellectual Property Law Business Designs 52

The IP Law Blog

MAY 20, 2021

It has marketed its software under the name “SmartSync” since 2004 and obtained a trademark for SmartSync in 2007. It sells its software primarily to the United States Navy but, in 2013, sold its software to at least one major pharmacy chain.

Trademark 98

Trademark Marketing Marketing Business 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.”

Designs 40

Designs Design Branding Brands 40

The IP Law Blog

APRIL 1, 2021

Topolewski almost immediately reapplied for the mark, this time through Metal Jeans, which obtained the “METAL” registration in 2013. This was apparently untrue and in a separate 2008 proceeding, the PTO concluded that this was a false statement, at least as to boots, and cancelled TA’s registration of the METAL mark.

Trademark 52

Trademark Registration Branding Brands 52

Intepat

JUNE 17, 2024

Trademark law underwent substantial changes, both multilaterally and regionally. The Paris Convention established the beginning of the international trademark system, and the Paris Union was expanded by a distinct union which is collectively known as the Madrid system.

Registration 52

Registration Designs Design Trademark 52

SpicyIP

FEBRUARY 27, 2024

More recently in 2020, Sankalp Jain discussed the copyright challenges in “Dreams,” a video game enabling user-generated content, arguing for the Indian copyright law’s limitations in addressing the the issues around the fan-made creations within the game. Relevant here are Arun C.

Non-Fungible Tokens 58

Non-Fungible Tokens Copyright Business Moral Rights 58

Biswajit Sarkar Copyright Blog

JANUARY 19, 2022

Unlike UDRP, it is governed by the Arbitration & Conciliation Act, 1996 and hence, binding in the court of law 8. Despite no separate law on the protection of domain name, Indian courts have, over the years, given protection under the trademark law. Judicial Decisions. M/s.Matrimony.com Limited v. Comm.Div.).No.223

Registration 52

Registration Trademark Cinema Business 52

Technology & Marketing Law Blog

MARCH 7, 2022

The legislative history indicated that 411(b) was one of “a number of changes to copyright and trademark law that will enhance the ability of intellectual property rights holders to enforce their rights.” See, e.g. , DeliverMed Holdings, LLC v. Schaltenbrand , 734 F.3d 3d 616, 625 (7th Cir. Legal Background: Registration.

Registration 98

Registration Blogging Copyright Designs 98

SpicyIP

FEBRUARY 13, 2023

Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision. Delhi High Court Imposes Costs worth INR 2 Cr. on Triveni Interchem Pvt.

Designs 52

Designs Design Trademark Cease and Desist 52

IPilogue

OCTOBER 17, 2022

Google, for example, first filed the trademark application for Google Chromecast in the Kingdom of Tonga on June 5, 2013 before filing it with the USPTO a month and a half later. Jamaica seems to be just one of many jurisdictions without a searchable online trademark database. Loophole or fair strategy?

Trademark Law 119

Trademark Law Trademark Law Privacy 119

LexBlog IP

JULY 21, 2021

Second , it has been argued that the court merely espoused the settled principles of trademark law that ‘common’ names and phrases cannot be monopolized. 576 (2013), decisions and their progeny are too rigid and that an Australian more “nuanced” approach to such matters is worth a look.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. Defendants' 2013 documentary Both parties’ works are “docu-fiction” set in Baltimore. Defendants' 2013 documentary Both parties’ works are “docu-fiction” set in Baltimore.

Fair Use 52

Fair Use Trademark Copyright Editing 52

Technology & Marketing Law Blog

JUNE 29, 2022

Some “highlights” of 1-800 Contacts’ trademark jurisprudence over the years: 1-800 Contacts v. WhenU (2d Cir. A major plaintiff loss against an adware vendor, and who likes adware??? 1-800 Contacts v. Lens.com (10th Cir. 1-800 Contacts (FTC 2018).

Trademark 111

Trademark Advertising Advertising Blogging 111

Likelihood of Confusion

MARCH 2, 2022

Originally posted 2013-10-29 12:56:20. The post Old trademarks never die… appeared first on LIKELIHOOD OF CONFUSION™. They just fade away. Republished by Blog Post Promoter.

Trademark 52

Trademark Blogging Branding Brands 52

SpicyIP

JANUARY 2, 2022

Google argued that even when the keyword is a trademark, it is never used in a ‘trademark sense’, thereby the invisible use of trademarks, as keyword, failing to meet the threshold to constitute infringement. Several petitions in the Madras High Court challenged the validity of rule 29(4) of the Copyright Rules, 2013.

IP 143

IP Intellectual Property Copyright Trademark 143