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.

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IP and Legal Filings

OCTOBER 26, 2023

Introduction Trademarks are an important division of Intellectual Property Rights (IPR) as it considerably contributes in identification and promotion of a product. A well- known trademark helps the consumers in spotting the difference between similar products by educating them about the product which results in informed choices.

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Nelligan Law

APRIL 1, 2025

Reading Time: 3 minutes In a gloriously chaotic trademark case, Lady Gaga is being sued for $100 million over the word Mayhem. According to the lawsuit, Lost has been using the word Mayhem in connection with its branding since 1986, entered U.S. interstate commerce in 1992, and registered the trademark in 2015.

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SpicyIP

AUGUST 2, 2024

Image from here Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts? Moment marketing” refers to a strategy where brands can take advantage of ongoing events to gain relevance, and especially for some of the sheen of patriotic athletic victories to wear off on them.

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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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IP and Legal Filings

JUNE 26, 2023

Introduction Brand owners and traders have long embraced numeral creativity to captivate consumers. Names like 7-eleven, 5 Star, 7Up, and 99acres resonate with consumers, widely reflecting the innovative use of number as brand identities. The more arbitrary the numeral trademark is, the stronger protection it receives.

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SpicyIP

JULY 14, 2021

We are pleased to bring you a guest post by Tahhira Somal, exploring existing frameworks of non-conventional trademarks, particularly those of smell marks, and assessing their role in the protection of certain traditional cultural expressions. One type of such non-traditional trademarks is a smell or scent mark. Image from here.

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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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SpicyIP

MARCH 2, 2025

Crores on Amazon Technology Inc for infringement of the plaintiffs Beverly Hills Polo Club trademark. 2s Symbol trademark which is available on Amazons e-commerce platform infringed its mark. It was alleged that the mark of the respondent BSB Myron was deceptively similar to the Kyron trademark of the petitioner.

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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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Intepat

NOVEMBER 14, 2022

Trademark Classification. When you file for a trademark in India, an indispensable requirement is finding out the trademark classification of your goods or services under which you must file your brand. ” The system of trademark classification eases the process of registration of a trademark. .”

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SpicyIP

FEBRUARY 9, 2025

Macrotech Developers (formerly known as Lodha Developers) filed a trademark infringement suit against the House of Abhinandan Lodha (HoABL). Genesis of the Dispute According to this report on Mint (paywalled), the Lodha siblings (Abhishek and Abhinandan) parted ways in 2015. Further, Macrotech has sought Rs. in damages.

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SpicyIP

JANUARY 26, 2025

Case Summaries Guddu Gupta Trading as Ms Leela vs Suraj Gupta Trading As Ms Devi Leela … on 18 January, 2025 (Delhi District Court) The plaintiff, trading as Leela Cosmetics, alleged that his brother operating under Devi Leela Cosmetics, infringed upon his trademarks ROOP LADY and ROOP LEELA, as well as the design of his sindoor stick bottles.

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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.

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The IPKat

DECEMBER 17, 2021

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.

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IPilogue

SEPTEMBER 16, 2021

That which we call a rose by any other name would smell as sweet” … but would that which we call a brand by any other name be as hype? Founded in 2016, Los Angeles-based streetwear brand formerly known as Chinatown Market offers everything you’d need to fit in on Fairfax Avenue. The case, filed in 2012 in the U.S. Photo from Market.

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The IPKat

JULY 20, 2021

We soon learn that "Trademark Law Reform" refers to aspirations to tackle contemporary problems in trade mark law worldwide, whether by means of legislative overhaul or not, put to paper by some of the world's leading experts. But make no mistake: behind the cover is a veritable treasure trove of thought-provoking scholarship.

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LexBlog IP

APRIL 4, 2022

A recent trademark opposition is a lesson in how to properly establish a likelihood of confusion for apparel goods. Colorful Roots LLC, the Opposer, Roots Corporation, relied on several of its trademark registrations of ROOTS and its derivatives. In Roots Corporation v. Applicant introduced the testimony declaration of its owner.

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IP and Legal Filings

NOVEMBER 22, 2023

[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.

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Indiana Intellectual Property Law

AUGUST 6, 2021

Evansville, Indiana – In 2004, the Coca-Cola Company launched its Full Throttle® energy drink brand, which was later apparently acquired by Monster Beverage Company (“Monster”) in 2015. From that transaction, Energy owns multiple trademark registrations including the three at issue in this case, U.S.

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Greenspoon Marder LLP

AUGUST 29, 2016

General Mills recently filed an appeal after losing its bid to register a trademark for its yellow cereal boxes. In September 2015, General Mills filed an application with the USPTO for a mark which simply consisted of a yellow box, with typical rectangular cereal box dimensions. The post A Trademark for a Yellow Box?

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IP and Legal Filings

JULY 28, 2022

The company recently filed 10 applications with the US Patent and Trademark Office for the McDonald’s brand and McCafe. The trademarks are for virtual food and beverage products. The trademark of Mc/Mac has been under the debate all around the globe. The trademark of Mc/Mac has been under the debate all around the globe.

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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. . In 2015, Doga?aji’s Hasbro v EUIPO.

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TorrentFreak

JULY 26, 2021

The site ‘unofficially’ took over the YTS brand when the original group threw in the towel in 2015. Regular readers may also recall that several YTS-related sites were sued in the past due to trademark disputes. Since then it has amassed a rather impressive user base. Legal Troubles.

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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. Does the Plaintiff Have a Trademark? In Krishika Lulla v. This principle was echoed by the Madras HC in Radhakrishnan v.

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IP and Legal Filings

NOVEMBER 23, 2023

Merely put, it is an individual’s right to handle the commercial use of their name, image, individuality and personal brand. Publicity, such as character, reputation and personal brand, will be protected under various statutes, such as the Copyright Act 1957 and the Trade Marks Act 1999. iv] The Copyrights Act, 1957. [v]

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Greenspoon Marder LLP

OCTOBER 29, 2018

What happens to a trademark license when the brand owner goes bankrupt? The Court will seek to resolve a split in circuits as to whether a debtor-licensor can terminate a trademark license agreement by “rejection,” thereby taking back the trademark rights it licensed and precluding a licensee from using the trademark.

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IPilogue

MARCH 6, 2023

While Louboutin’s products retail for JPY80,000 ($613) and over and fall within the luxury brand market, Eizo’s shoes occupy the affordable or no-name brand markets, with an average retail price of JPY17,000 ($130). 2015-29921 ). Alt Text: EIZO shoes with red soles; Source: ( Masaki Mikami )

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Technology & Marketing Law Blog

OCTOBER 11, 2021

Southwest asserts claims under the CFAA, the Texas computer crime statute, breach of contract, and trademark. Skiplagged was sued by United in 2015 but the lawsuit was dismissed due to lack of personal jurisdiction: “ United’s lawsuit over hidden-city fares thrown out ”.). Southwest’s trademark claim is worthy of note.

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Intepat

MAY 16, 2023

If the property of a person can be protected, likewise, when a popular celebrity like Amitabh Bachchan faces possible harm regarding his brand, the same can be protected under his right to publicity. The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks.

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Kashishipr

JULY 20, 2022

Bernard Kelvin Clive, a well-known brand strategist, once said that strong brands aren’t built through shortcuts and copycats. In the 21 st century, the Oreo cookie is the best-selling cookie brand worldwide. Let us discuss a few of them. Such results talk about Xiaomi being a poor imitation of the tech giant Apple Inc.

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Technology & Marketing Law Blog

JULY 25, 2021

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. In 2015, it extended the “Align” mark to yoga apparel, which has generated $1B in sales. In 2015, it extended the “Align” mark to yoga apparel, which has generated $1B in sales.

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43(B)log

MARCH 9, 2022

7, 2022) Melwani owns the Royal Silk trademark for “a wide variety of products.” His marks are enrolled in Amazon Brand Registry, and Royal Silk Direct maintains an authorized Royal Silk “storefront” on Amazon.com. Trademark dilution: Not plausibly pled to be famous, but leave to amend. Amazon.com, Inc., 2022 WL 670919, NO.

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Garrigues Blog

JULY 26, 2022

Trademarks Directive (Directive (E.U.) 2015/2436, of 16 December, 2015. Code was the inclusion in the list of grounds for refusal of a trademark application, those cases in which “it is recognised that the trademark application was filed in bad faith” (article 231(6) of the Portuguese I.P.

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Technology & Marketing Law Blog

AUGUST 5, 2022

The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” Social Media and Trademark Law” Talk Notes.

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IPilogue

JANUARY 21, 2022

For instance, in 2015, a Twitch streaming channel named “SpectateFaker” was issued a takedown notice by Abuzu , another video game streaming service. However, much of this power is effectuated contractually through end-user license agreements or applicable terms of service with individuals and tournament organizers.

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The IP Law Blog

APRIL 1, 2021

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.

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