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 96

Trademark Branding Brands Branding 96

JD Supra Law

OCTOBER 13, 2023

Does federal trademark law reach conduct outside of the United States? which prompted us to revisit a related issue we explored in the fall 2016 edition of The Katten Kattwalk. The Supreme Court addressed this question recently in Abitron Austria v. Hetronic International, Inc., By: Katten Muchin Rosenman LLP

Trademark 64

Trademark Editing Trademark Law Law 64

Patently-O

JULY 19, 2023

Trademarks and trade secrets followed a different path – developing under state common law before later later gaining federal protections; with trade secrets moving federal most recently via the Defend Trade Secrets Act (DTSA) of 2016. It is common for litigation to assert both. What do you think?

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

TorrentFreak

APRIL 26, 2024

Similar notices dated 2016 , 2017 , and 2018 , fail to raise any obvious red flags and since the first and last were processed by GitHub, people can be confident they received considerable scrutiny. In other parts of the notice, takedowns were requested under trademark law.

Artwork 144

Artwork Brands Branding Branding 144

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 130

Blogging Trademark Brands Branding 130

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]. 2016: [link]. The firm has registered more than 3,500 U.S. 2019: [link].

Editing 147

Editing Non-Fungible Tokens Trademark All Rights Reserved 147

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 111

Trademark Social Media Art Ownership 111

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]. 2016: [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

IP and Legal Filings

MARCH 4, 2022

As held in TRIPS Council for the implementation of para 7 of the ‘ Doha Declaration on the TRIPS Agreement and Public Health ’, LDCs were held to be free from TRIPS disciplines on patents as well as undisclosed information in reference to the pharmaceutical products until 2016’. The simple reason for this is, waiver w.r.t

IP 93

IP Intellectual Property Law Trademark Law 93

SpicyIP

MARCH 14, 2025

Applying Section 34 on Prior Use Decided on a similar factual matrix in Syed Ghaziuddin v PepsiCo (2019), a Hyderabad court noted that while PepsiCo secured trademark registration for manufacturing soft drinks back in 1985, it did not initiate such activity until 2003. common law rights, the Court held in favor of Magfast Beverages here.

Trademark 64

Trademark Registering Trademarks Registration Brands 64

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]

Trademark 98

Trademark Branding Brands Branding 98

Erik K Pelton

DECEMBER 28, 2020

Erik Pelton® has been making trademarks bloom since 1999 ® as the founder of Erik M. 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].

Trademark 130

Trademark All Rights Reserved Registration Branding 130

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. The trademark utilizing the hashtag must be distinctive in nature. What’s in a #Hashtag?

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

IP and Legal Filings

MARCH 28, 2024

Shyam Vithalrao Devkatta, (2016) 2 SCC 521 [3] Sholay Media and Entertainment v Parag M. Ashutosh Gowarikar, 2016 SCC OnLine Bom 5207 [8] Zee Entertainment Enterprises Ltd. MK, An analysis on Protection of film titles under Trademark Law , Surana & Surana (Dec. 1] Bharat Vasani & Jasmine Latkar, What’s in a Name?,

Cinema 98

Cinema Copyright Blogging Registration 98

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. SRF Foundation (2016), the DHC said that both brothers having common lineagecannot appropriate the same to the exclusion of other. In Shri Ram Education Trust v.

Branding 59

Branding Brands Branding Business 59

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.”

Registration 61

Registration Brands Branding Branding 61

Technology & Marketing Law Blog

FEBRUARY 27, 2022

dispute back in the Ninth Circuit in 2016. Courts need to get wise that what’s really happening here is incumbents are leveraging things like trademark law, the CFAA, and the law of online contracts to avoid competition on the internet. Rather, AA’s customers are logging in to AA’s site using a tool provided by TPG.

Cease and Desist 124

Cease and Desist Blogging Contracts Social Media 124

Likelihood of Confusion

FEBRUARY 1, 2023

Originally posted 2016-10-20 17:38:54. Republished by Blog Post Promoter The post Petition for certiorari in the FLANAX case appeared first on LIKELIHOOD OF CONFUSION™.

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. Confusion caused by Google’s keyword policy.

Trademark 105

Trademark Advertising Advertising Trademark Law 105

Kashishipr

AUGUST 18, 2021

Popular Examples of Family of Trademarks. One of the most well-established and popular trademark families known across all age groups alike is the McDonald’s mark, as also recognized by the EU Court in 2016.

Trademark 105

Trademark Registration Branding Brands 105

Garrigues Blog

FEBRUARY 5, 2024

regarding the use of the ZARA trademark. We will examine the impact of the ruling in cases involving the use of third-party trademarks. They claimed the lawfulness of such use under the limitations specified in Article 37 of the Trademark Law, both in its original version and as modified by Directive 2015/2436.

Trademark 59

Trademark Trademark Law Advertising Advertising 59

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

SpicyIP

FEBRUARY 22, 2023

Fortunately, the matter was settled amicably in due course in 2016. Singh + Singh logo Apart from the tussle with Singh and Associates, Singh & Singh (‘S&S India’) was also involved in another trademark infringement suit with a Canada-based law firm Singh + Singh Lawyers LLP (‘S&S Canada’).

Trademark 98

Trademark Law IP Intellectual Property 98

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 94

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 94

IP and Legal Filings

MAY 17, 2022

After filing for trademark registration, the application will be reviewed by the Trademark Office so as to check whether any same or similar trademark or any marks are not already registered or has previously applied by any other applicant.

Registration 52

Registration Trademark Trademark Law Publishing 52

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

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 93

Registration Trademark Trademark Law Marketing 93

IIPRD

OCTOBER 28, 2023

However, numerous catchphrases have led to the fame of the individual involved; for instance, Danielle Bregoli, while appearing on a Dr. Phil episode in 2016, famously uttered the words “Cash me outside, how boutdah?”

Copyright Law 59

Copyright Law Branding Brands Branding 59

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

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

SpicyIP

NOVEMBER 17, 2023

Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship [November 22- 23] Course in Brief Dates : 22nd – 23rd November, 2023 Time : Day 1: 9:30 AM to 5:00 PM IST; Day 2: 9:30 AM to 1:00 PM IST Venue : Centre for Technology and Law, DA-IICT, Gandhinagar Duration : 1.5

Intellectual Property 105

Intellectual Property Technology IP Law 105

Greenspoon Marder LLP

JANUARY 12, 2017

Additionally, ten respected law professors filed an amicus brief warning that an overreach of trademark law would pose serious risks for creative expression.

Intellectual Property 52

Intellectual Property Designs Design Branding 52

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."

Design 45

Design Designs Brands Branding 45

BYU Copyright Blog

SEPTEMBER 11, 2023

2016, Oppenheimer captured an aerial photograph at the Stevens Institute of Technology in New Jersey, officially registering this image with the U.S. According to Oppenheimer, the allegations of trademark infringement were vague, and the Institute had failed to explain how he had violated trademark law.

Technology 52

Technology Trademark Marketing Marketing 52

The IP Law Blog

NOVEMBER 18, 2021

2131 (2016) and Thryv, Inc. However, before doing so, the Court noted it first had to determine whether this question is even reviewable in light of Supreme Court precedent and 35 U.S.C. 314(d) which states, “[t]he determination by the Director whether to institute an inter partes review under this section shall be final and nonappealable.”.

Litigation 75

Litigation Patent Technology Invention 75

IP and Legal Filings

DECEMBER 23, 2023

Pramod Borse [9] , the plaintiff was the registered owner of trademark “Bisleri” and the defendant had registered an identical/deceptively similar domain name “Bislari.com”. After examining the facts, the court held that the owner of trademark had the exclusive right to register the trademark as a domain name under the trademark law.

Trademark 52

Trademark Registration Trademark Law Business 52

Garrigues Blog

APRIL 23, 2024

regarding the use of the ZARA trademark, as previously discussed here. This decision stems from the ruling issued by the Court of Justice of the European Union (CJEU) on January 11th, in response to a preliminary question ( Case C-361/22 ) raised by the Supreme Court in the proceedings between Inditex and Buongiorno Myalert, S.A.

Trademark 52

Trademark Advertising Advertising Trademark Law 52