Garrigues Blog

DECEMBER 10, 2024

Although the process requires time, strategy and resources, it is possible to turn a sign, which in principle would not meet the necessary requirements to access the register, into a trademark worth its weight in gold in the market. Acquired distinctiveness is a fundamental concept in trademark law.

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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. Peavey argued that "[a] mark is only abandoned when all trademark significance, including residual good will, is lost.”

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The IP Law Blog

SEPTEMBER 22, 2022

P and P Imports (“P&P”) sells outdoor games under its GoSports brand, and in December 2016, it began selling its “Giant 4 in a Row Game” that was based on the classic tabletop version. Johnson Enterprises, LLC, in which the parties were battling a trade dress infringement claim involving these large outdoor Connect 4-like games.

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Garrigues Blog

APRIL 23, 2024

The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. regarding the use of the ZARA trademark, as previously discussed here.

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IP and Legal Filings

FEBRUARY 4, 2022

Introduction: The concept of comparing and considering a trademark in its entirety is a well-established tenet in trademark law. When a trademark is registered, it provides protection to the mark as a whole, even if it is a composite trademark with numerous aspects in it. Similarly, in Vardhman Buildtech Pvt.

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Registration Trademark Trademark Law Marketing 85

IP and Legal Filings

DECEMBER 13, 2024

As such a proprietary right is granted by way of registration of a trademark, whereby the owner of the mark or other parties granted a license to use the brand has the exclusive right to use it for the purpose of making money. Sanjay Jain , resolved some challenging issues in Trademark Law. 2016 SCC OnLine Del 4738. [12]

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The TTABlog

AUGUST 30, 2023

Opposer claimed to own a family of MONSTER-formative marks, but it failed to prove the existence of a family of MONSTER marks prior to SS Vape’s July 2016 date of first use. If that were the case, having a famous mark would entitle the owner to a right in gross, and that is against the principles of trademark law."

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LexBlog IP

SEPTEMBER 15, 2021

The Court of Appeals affirmed the previous decision of the district court which found that Australian Leather had wilfully infringed Deckers’ “UGG” trademarks by selling less than 15 pairs of UGG branded boots in the U.S.,

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Trademark Registration Branding Brands 52

Copyright Lately

MAY 1, 2023

As I explained in my discussion of the Rick Astley lawsuit , right of publicity and trademark law provided viable claims to Bette Midler and Tom Waits when imitations of their voices were used in advertising. ” VMG Salsoul, LLC v. Ciccone , 824 F.3d 3d 871, 888 (9th Cir.

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Music Copyright Copying Copyright Law 85

SpicyIP

NOVEMBER 8, 2023

The person was later convicted in 2016. This raised a question did the registrar of Trade Marks have the jurisdiction to revoke the ‘MANJAL’ trademark? “Ad-word” Only then does Google need to take action against the advertisement and not otherwise. ruling on Indian businesses and trademark holders?

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SpicyIP

MARCH 25, 2024

Sunanda Bharti on the Michelin Stars and its interaction was trademark laws. Bharti is a Professor of Law at Delhi University, and her previous posts can be accessed here. Image from here Mischief, Manifestation, and the Michelin Trademark!

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Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

LexBlog IP

DECEMBER 21, 2021

The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce.

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SpicyIP

DECEMBER 30, 2023

The judgement was passed collectively in an appeal against 4 orders (two impugning the 2016 Ericsson v. Controller General of Patents and Designs (passed on September 15), the Court clarified that the 2016 CRI Guidelines’ requirement of assessing the CRI in conjunction with novel hardware has now been removed from the 2017 CRI Guidelines.

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LexBlog IP

JULY 8, 2021

Related : How Long Does It Take to Get a Trademark? If You are Not Yet Selling Goods or Services, File an Intent-to-Use Trademark Application. In trademark law, an “Intent-to-Use” is a legal term for a type of trademark application. Related : TEAS Plus vs Standard: Pick the Right Trademark Application.

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Trademark Registration Web Development Advertising 52

LexBlog IP

JUNE 21, 2023

§ 1052(c) on registering marks concerning a living person without permission; this case has the possibility of altering trademark law significantly and allowing current events to be treated similarly to historic events from a trademark perspective. This mark subsequently registered in 2016 without issue. at 1165-66).

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Registration Trademark Law Trademark Law 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. Plaintiffs allegedly used the 12 O’Clock Boyz trademarks since 2001 and registered the marks in 2016. The court, in a careful opinion, rejected all the claims.

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Technology & Marketing Law Blog

OCTOBER 23, 2024

This is a major ruling validating the legitimacy of competitive keyword advertising, which occurs when an advertiser purchases and displays ads triggered in response to third-party trademarks. Recently, the “ Second Circuit Tells Trademark Owners to Stop Suing Over Competitive Keyword Advertising.”

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SpicyIP

AUGUST 16, 2021

He graduated from NUJS, Kolkata in 2016 and completed his LL.M. PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes. We’re pleased to bring to you a guest post by Satchit Bhogle. Satchit is a Counsel at the Bombay High Court. from Duke University in 2019. Satchit Bhogle.

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Social Media Personality Rights Law Branding 72

Technology & Marketing Law Blog

JULY 17, 2023

In addition, the opinion has important ramifications for domestic trademark law through its identification of “use in commerce” as the actionable domestic conduct. The seeming inability to engage in contextual comity analysis is apparent in other recent trademark extraterritoriality cases.[FN2] Hallatt (9th Cir.

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Blogging Trademark Litigation Law 75

LexBlog IP

JULY 21, 2021

Before jumping into comparative law issues, one should note that these questions are ones of concern beyond lawyers, and have much greater practical importance than “ How many angels can dance on the head of a pin ?” provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and.

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Intellectual Property Invention Trademark Copyright 52

IPilogue

JANUARY 14, 2022

Case law has often overlapped overbreadth with other grounds of invalidity such as obviousness, anticipation, and inutility. . of the Patent Act on June 24, 2016. Trademark Law. Parody in Trademarks is No Joke. Currently, under Quebec’s French-language laws, both registered and unregistered (i.e.,

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Patently-O

DECEMBER 12, 2021

4] In particular, the mark “is political commentary about [Trump’s] refutation at the March 3, 2016 Republican debate of presidential candidate Marco Rubio’s insinuation that Donald Trump has a small penis”; and “is also political commentary about the smallness of Donald Trump’s overall approach to governing as President of the United States.” [5]

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