IP and Legal Filings

AUGUST 4, 2022

Its parent organisation, The All England Lawn Tennis Club (further referred to as “the Club”) has previously trademarked the word ‘Wimbledon’ and also has trademarks has several other signs related to it such as the crossed rackets logo. There are only a few trademarks for colours given such as red soles of Louboutin.

Trademark 71

Trademark Branding Brands Branding 71

IP and Legal Filings

MARCH 28, 2024

Many film titles or names like Dhoom (ID: 1319835), Padman (ID: 3749859), 3 Idiots (ID: 1940729), and Singham (ID: 3672533), have been registered as a service mark under class 41, of the fourth schedule of the Trademark Rule, 2001. These registrations aid in allocating precedence. This idea sort of gets the job done of a copyright.

Cinema 81

Cinema Copyright Blogging Registration 81

The TTABlog

MAY 28, 2024

The CAFC affirmed the Board's dismissal of two petitions for cancellation on the ground of lack of entitlement to a statutory cause of action under Section 1064 of the Trademark Act. 330, 340 (2016). registrations are cancelled, not marks - ed. ]. TransUnion LL C, 594 U.S. at 425; see Spokeo, Inc. Robins , 578 U.S.

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Registering Trademarks Registration Trademark Ownership 57

Kashishipr

JANUARY 12, 2022

Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection. Therefore, if the hashtag is inherently distinctive, it would support and ease registration, and if not, additional efforts may be needed to amass publicity and extensive use.

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

Plagiarism Today

OCTOBER 26, 2021

Wtf is a juice demon pic.twitter.com/OxYMWEuoCq — Eli Matthewson (@EliMatthewson) October 1, 2016. To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Trademark infringement, however, isn’t like copyright. Bottom Line.

Copyright 250

Copyright Trademark Cease and Desist Copying 250

Erik K Pelton

DECEMBER 28, 2020

The number of applications filed, and registrations granted in FY2020 both grew over the prior year, to the highest in history. trademark registrations! Hundreds of trademark applications filed this year referenced masks , COVID, quarantine, social distancing, and other pandemic topics. 2016: [link]. 2018: [link].

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Trademark All Rights Reserved Registration Branding 130

IP and Legal Filings

DECEMBER 23, 2023

However, a caveat to this is that the use of a similar mark can still be permitted on different products or services, though it may not be eligible for registration as a domain name. [3] It also held that when possessor of a trademark has prior and exclusive usage, they not only possess superior title but also absolute ownership.

Trademark 52

Trademark Registration Trademark Law Business 52

Corsearch

NOVEMBER 20, 2023

Name saturation is an existential challenge for every industry that harnesses trademark law to protect its brand. A study published in 2018 found that overall incidents of drug name confusion of all types had decreased when comparing two periods, 2000-2004 and 2012-2016 1.

Trademark 59

Trademark Branding Brands Branding 59

SpicyIP

NOVEMBER 17, 2023

We are pleased to announce that registration for the free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship is currently open. Eligibility Anyone interested in learning about the intersection between Law and Entrepreneurship with a specific focus on IPR are eligible.

Intellectual Property 105

Intellectual Property Technology IP Law 105

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."

Designs 57

Designs Design Branding Brands 57

IP and Legal Filings

OCTOBER 23, 2023

Firstly, the basic step towards protecting trademarks in online marketplaces is to register them with the Trademark Registry. The registration of trademarks provides legal protection and remedies in case of infringement. 8] (CS (COMM) 980/2016. [9] Nakul Bajaj &Ors, [Civil Suit No. 344/2018]. [6] 344/2018]. [7]

Marketing 87

Marketing Marketing Trademark Registration 87

Garrigues Blog

JULY 6, 2021

For example, when the main purpose of the registration is to sell it, if it has been to obstruct the third party, if it is used to attract traffic and obtain benefits or to mislead consumers about the products or services of others.

Branding 52

Branding Brands Branding Registration 52

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.

Registration 64

Registration Trademark Trademark Law Marketing 64

SpicyIP

MAY 3, 2023

This incident is an addition to the trail of misadventures that trademark practitioners have faced before the Registry and we thought it would be beneficial to invite an experienced practicing trademarks lawyer to share with us their insights on this and the state of affairs before the Registry in general.

Trademark 102

Trademark Reporting Contracts Registration 102

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.

Trademark 40

Trademark Registration Intellectual Property Litigation 40

LexBlog IP

SEPTEMBER 15, 2021

.” The dispute highlights that multi-jurisdictional trademark owners and users must carefully consider whether any infringement issues may arise in relation to any generic meaning of the mark in the specific jurisdiction where use (or even trademark protection) is sought. Background.

Trademark 52

Trademark Registration Branding Brands 52

IPilogue

OCTOBER 6, 2021

After many years and multiple attempts , the organizers of this spectacular funfair have finally trademarked the term “ Oktoberfest.”. The Uphill Battle of Trademarking the Term “Oktoberfest”. Since 2016, the City of Munich has put forward applications to trademark the term; and ever since 2016, their applications have been rejected.

Trademark 59

Trademark Intellectual Property Advertising Advertising 59

Kashishipr

MAY 11, 2022

Under Section 2(1)(zb) of the Act, any word, label, name, device, brand, ticket, signature, heading, letter, numeral, the shape of products, packaging, the combination of colors, or any combination thereof can be registered as a trademark if the same fulfills the criteria of distinctiveness and graphical representation. Final Thoughts.

Trademark Law 105

Trademark Law Trademark Law Branding 105

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!

Trademark 45

Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

The IP Law Blog

FEBRUARY 3, 2022

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.

Designs 52

Designs Design Trademark Branding 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. With damages amounting to $40,000, it is clear the courts are unamused by parody in trademarks.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

IP Tech Blog

JULY 10, 2023

Relying on its 2016 decision in RJR Nabisco Inc. 325 (2016) , the Court explained that the policy reason behind this presumption is to avoid the “international discord” that could result if U.S. law were to apply in foreign countries. European Community, 579 U.S. court forum.

Trademark 40

Trademark Intellectual Property Trademark Law Law 40

The IP Law Blog

APRIL 1, 2021

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. Topolewski almost immediately reapplied for the mark, this time through Metal Jeans, which obtained the “METAL” registration in 2013.

Trademark 52

Trademark Branding Brands Branding 52

LexBlog IP

JULY 10, 2023

” Relying on its 2016 decision in RJR Nabisco Inc. 325 (2016) , the Court explained that the policy reason behind this presumption is to avoid the “international discord” that could result if U.S. law were to apply in foreign countries. European Community, 579 U.S. court forum.

Intellectual Property 40

Intellectual Property Trademark Trademark Law Law 40

The TTABlog

NOVEMBER 6, 2023

The Board granted a petition for cancellation of a registration for the mark CS for "amplifiers," finding that Petitioner Adamson Systems proved by a preponderance of the evidence that Respondent Peavey Electronics had discontinued use of the CS mark on amplifiers, with intent not to resume use. Lanham Act, Section 45. The Board was unmoved.

Registration 60

Registration Branding Brands Branding 60

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? For collective marks, he argued that out of 10 collective mark registrations he examined, 9 were granted erroneously. Let’s see how it unfolded.

Trademark 59

Trademark Publishing Journalism Copyright 59

LexBlog IP

FEBRUARY 3, 2022

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.

Designs 40

Designs Design Branding Brands 40

LexBlog IP

JULY 8, 2021

If you begin an application with the United States Patent and Trademark Office (USPTO)’s TEAS System, you will encounter the following: “1(a) – Actually using the mark in commerce now”. “1(b) 44(e) – Foreign registration exists for the same goods/services”. Related : How Long Does It Take to Get a Trademark? Adidas AG , 841 F.3d

Trademark 52

Trademark Registration Web Development Advertising 52

Technology & Marketing Law Blog

DECEMBER 11, 2023

2016), aff’d , 674 F. 2016)) traded on the goodwill of Louis Vuitton; it is what made them attractive products. trades in on the goodwill of Dr. Going forward, my advice to parodists who don’t want to be found to infringe trademarks: make sure your parody slaps everyone right in the face. Haute Diggity Dog, LLC, 507 F.3d

Blogging 115

Blogging Trademark Branding Brands 115

Kashishipr

AUGUST 18, 2021

The Trademark Trial and Appeal Board decided against the opposer since the use of ‘Industry’ did not reflect a secondary meaning. It was submitted that 74 third-party registrations were existent, and the consumers did not associate with the brand as a household name. Popular Examples of Family of Trademarks.

Trademark 105

Trademark Registration Branding Brands 105

IP and Legal Filings

MAY 17, 2022

In the Saudi Arabia, trademarks are governed by the Trademarks Regulation, Royal Decree No M/21 of 28 Jumada Awal 1423 Hejra (corresponding to 8 August 2002), and its Implementing Rules of the same year. Trademarks are also governed by the Gulf Cooperation Council (GCC) Trademark Law, which Saudi Arabia adopted on 27 September 2016.

Trademark 52

Trademark Registration Intellectual Property Trademark Law 52

IPilogue

DECEMBER 17, 2021

However, British artist Stuart Semple considers Tiffany Blue as being held captive through trademark law. Semple has been “liberating colours since 2016” , with previous paints replicating trademarked colours including International Klein Blue , T-Mobile Magenta , and Blackest Black.

Trademark 112

Trademark Social Media Art Ownership 112

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).

Registration 52

Registration Trademark Law Trademark Law 52

IIPRD

JANUARY 21, 2022

Under the trademark law, the trade dress encompasses the visual aspect of a product and it comprises several distinctive features with respect to the shape, size, packaging, colour combination, textures, graphics etc. 3] CS COMM–714/2016. [4] Scope for Protection of Trade Dress in India. Abudekar and Ors [4]. ,

Branding 40

Branding Brands Branding Trademark Law 40

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.

Trademark 71

Trademark Blogging Litigation Law 71

LexBlog IP

JULY 21, 2021

It can also mean as the proxy or substitute holder of rights here on earth because no spiritual being will receive a copyright certificate, trademark registrations, or letters patent. courts have denied registration to religious marks as being offensive to other believers or to non-believers. places the value of faith to U.S.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

IP and Legal Filings

SEPTEMBER 8, 2021

In 2016, the USPTO rejected Bitcoin’s trademark application. However, the UK and Spain Patents and Trademark office granted trademark protection to the ‘Bitcoin’ mark and its logo (Registration number: M4046141). The trademark laws used to regulate cryptocurrency-related marks are in their nascent stage.

Intellectual Property 67

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 67