Likelihood of Confusion

FEBRUARY 17, 2022

I’m here now for tomorrow’s McCarthy Institute and Microsoft Corporation Symposium, “Trademark Law and Its Challenges 2017” at the Amazon Corporate Conference Center. My panel looks like this: 9:50AM-11:00AM Trademark. The post Impaneled in Seattle appeared first on LIKELIHOOD OF CONFUSION™.

Trademark Law 72

Trademark Law Trademark Law IP 72

Patently-O

JUNE 29, 2022

A case like this begins with the territorial doctrine of trademark law: Under the territoriality doctrine, a trademark is recognized as having a separate existence in each sovereign territory in which it is registered or legally recognized as a mark. law that trademark rights in the US require that the mark be used in the US.

Trademark 121

Trademark Trademark Law Branding Branding 121

IP and Legal Filings

DECEMBER 17, 2024

The Trademark law in India, known as Trade Marks Act, 1999, comes into force according to the rules established under the International Principles laid down in TRIPS (Trademark-Related Aspects of Intellectual Property Rights Agreement). On the other hand, single colour trademarks are not specifically mentioned in the act.

Trademark 52

Trademark Branding Branding Brands 52

SpicyIP

FEBRUARY 9, 2025

According to this article , Abhinandan claims that the non-compete clause operated from 2017-2022 and was limited to Mumbai and London. 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. In Cipla Ltd.

Branding 59

Branding Branding Brands Business 59

Erik K Pelton

DECEMBER 31, 2021

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: 2020: [link].

Editing 147

Editing Non-Fungible Tokens Trademark All Rights Reserved 147

The IPKat

APRIL 5, 2022

As shown in the chart below, the first AUCL was enacted in 1993 and remained in force for more than two decades before its first revision in 2017. 2) Article 6 of the AUCL does not protect the signs, or their distinctive identifying parts, that are forbidden from use by Article 10(1) of the Trademark Law of China. (3)

Law 95

Law Business Marketing Marketing 95

SpicyIP

NOVEMBER 18, 2024

Thou Shalt not Register Your Trade Union with a Name in the Likeness of My Trademark Reportedly, Samsung India is opposing the use of ‘Samsung’ in an application to register the trade union of it’s workers.

Trademark 105

Trademark Cease and Desist Music Copyright 105

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]. 2017: [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

Technology & Marketing Law Blog

DECEMBER 11, 2023

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. This is not just a new standard in trademark law, but a new standard for this ancient and important literary form. 218 (2017); Iancu v. Tam , 582 U.S. Brunetti , 139 S.

Blogging 130

Blogging Trademark Branding Branding 130

SpicyIP

JULY 28, 2023

Indian Trademark Law and Twitter’s Rebranding Decision But a much more thought-provoking discussion and research for IP enthusiasts like us is the scope of protection that can be given to Twitter for this ‘X’ logo in the Indian trademark regime. What has to be prevented is the monopoly over a certain English alphabet in India.

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Trademark Marketing Marketing Branding 96

SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. Concluding Remarks.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

IPilogue

AUGUST 4, 2022

Judian opened locations specifically in metro Vancouver for the large Chinese Canadian population in this area who would recognize the Beijing Judian trademarks. The following family of JU DIAN character trademarks have been heavily used in China to promote their restaurants.

Trademark 114

Trademark Registration Designs Design 114

IPilogue

OCTOBER 28, 2021

Outside of masks and jewellery, a 2017 U.S. Scary Issues with Licensing and Trademarks. Although costumes are generally not afforded copyright protection, trademark laws still prevent retailers from selling and marketing unlicensed versions of costumes using the names which they are based on. It appears in the U.S.,

Intellectual Property 115

Intellectual Property Designs Design Copyright 115

IP and Legal Filings

JANUARY 11, 2024

The objective of these requirements is to guarantee the legitimacy of graphical representations of smell trademarks. CHALLENGES Olfactory markings have certain particular challenges under Indian trademark law. The difficulty of graphical representation is a big barrier.

Trademark 105

Trademark Intellectual Property Branding Branding 105

IP and Legal Filings

FEBRUARY 20, 2023

However, the same process does not include any examination or verification to determine whether the domain name is distinctive or capable of distinguishing itself from the competition, i.e., existing domain names that are clearly in violation of trademark law. Schechter, The Rational Basis of Trademark Protection, 40 HARV.

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Trademark Registering Trademarks Registration Trademark Law 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 Branding Branding Brands 144

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. Poma-Ex Products, 2017 SCC OnLine Bom 7470. [2] Poma-Ex Products, 2017 SCC OnLine Bom 7470 [3] Para 18.

Trademark 98

Trademark Branding Branding Brands 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

IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] Notwithstanding the essence of this finding, this is too narrow an interpretation of the true spirit of trademark law. Trademark Application No.:

Registration 98

Registration Trademark Trademark Law Law 98

IP and Legal Filings

FEBRUARY 20, 2022

Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. Under trademark law, however, phrases are frequently deemed not to disclose the commercial origin of products or services, which is a trademark’s primary role. 2017/1001 and thus can be registered as a trademark.

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Trademark Advertising Advertising Registration 75

Technology & Marketing Law Blog

JUNE 8, 2024

CV H-17-1068, 2017 WL 2957912, at *8 (S.D. July 11, 2017) (holding that “the mere purchase of AdWords alone, without directing a consumer to a potentially confusing web page, is not sufficient for a claim of trademark infringement,” citing Mary Kay, 601 F. See Tempur-Pedic N. Mattress Firm, Inc. ,

Trademark 129

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SpicyIP

FEBRUARY 21, 2024

Rather, after analysing the legislative intent of the TRA, conflicting High Court judgements on the said issue and the earlier position of trademark law in India, the Court referred the matter to a larger bench for reconsideration. Can the Trademark Rules 2017 Help us Decipher the Intent?

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Trademark Intellectual Property Design Designs 105

SpicyIP

SEPTEMBER 11, 2023

This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents. Plus, I argue that the liability of such an agent should be analogized with legal practitioners for which we already have sound jurisprudence and laws regarding professional conduct.

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Government Trademark Patent Patent Application 105

The IPKat

MARCH 24, 2023

Second, the Court noted that neither is the EUIPO authorised to decide on compliance with the AMG, nor does Article 18 of Regulation 2017/1001 provide for an obligation relating to the legality of the goods or good faith when using the mark. This Kat wonders what other unlawful uses might still qualify as genuine use of a trademark.

Trademark 85

Trademark Advertising Advertising Trademark Law 85

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] The second problem Justice Breyer has is that adding “.com”

Trademark 98

Trademark Registration Trademark Law Advertising 98

IPilogue

DECEMBER 13, 2022

Fast forward to 2017, when Vanity Fair published a special issue to pay homage to the recently deceased musician that featured ‘Orange Prince’ – Andy Warhol’s pop art depiction of Goldsmith’s photograph.

Art 78

Art Fair Use Intellectual Property Licensing 78

Erik K Pelton

MARCH 11, 2022

As a trademark law firm, we represent a wide array of clients but predominantly focus on helping small business owners protect their intellectual property. In recent years, trademark scams have proliferated and become increasingly problematic, particularly for small business owners. About Erik M. Pelton & Associates, PLLC.

Government 147

Government Business Trademark Blogging 147

Technology & Marketing Law Blog

APRIL 29, 2023

.” Most of the opinion discusses the trademark implications of Ripps’ rival NFT collection. With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. Benjamin * How Have Section 512(f) Cases Fared Since 2017?

Fair Use 105

Fair Use Cease and Desist Copyright Trademark 105

SpicyIP

DECEMBER 2, 2024

vs M/S Mh 7 News And Anr on 20 November, 2024 (Delhi High Court) Image from here The petitioner, engaged in broadcasting services under the registered trademark “MH1/MH ONE” since 2002, sought cancellation of the respondent’s trademark “MH7,” registered in 2017, alleging deceptive similarity.

Invention 52

Invention Trademark Reporting Editing 52

The IP Law Blog

NOVEMBER 24, 2021

2021), the Federal Circuit Court of Appeals addressed challenges to the constitutionality of the structure of the Patent and Trademark Office’s Patent Trial and Appeal Board. Mobility sued T-Mobile and Verizon Wireless for patent infringement in the Eastern District of Texas in 2017.

Patent 98

Patent Patent Infringement Trademark Trademark Law 98

IP and Legal Filings

SEPTEMBER 8, 2021

Most prominently, through its 2020 report, IBM stated that several patents granted to them in 2017 also comprised of blockchain patents. However, the UK and Spain Patents and Trademark office granted trademark protection to the ‘Bitcoin’ mark and its logo (Registration number: M4046141).

Intellectual Property 94

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 94

The IPKat

JUNE 12, 2022

In particular, INTA refers to the CJEU judgment in Constantin Film mentioned above, which according to the amicus brief, “made it clear that freedom of expression clearly applies in the field of trademark law, and specifically in the assessment of whether a sign is contrary to the principles of morality under EUTMR Article 7 (1) f.”

Registration 94

Registration Intellectual Property Law Trademark Law 94

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. 13] [link] (“July 2017 estimates for TMNG placed the final cost at $260.7 See [link]. [11]

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Registration Business Trademark Reporting 147

The TTABlog

JANUARY 26, 2023

Patent and Trademark Office (USPTO), and if the trademark they want is “available” some nice person at the USPTO will “grant” it to them. trademark law that trademark ownership arises from using a chosen mark in offering and providing goods or services to the public. In the U.S. Supreme Court’s opinion in Matal v.

Trademark 49

Trademark Registration Trademark Law Business 49

Intepat

MAY 24, 2023

These grounds may vary depending on the specific jurisdiction and the applicable trademark laws. Common grounds for provisional refusal include prior conflicting trademarks, lack of distinctiveness, generic or descriptive nature of the mark, or violation of local trademark laws and regulations.

Registration 52

Registration Trademark Intellectual Property Reporting 52

Garrigues Blog

NOVEMBER 15, 2021

A trademark is a distinctive sign which identifies the goods and services of a company, and differentiates them from those of competitors, whereas a trade name identifies a company operating in trade and serves to distinguish it from other companies carrying out identical or similar activities. In particular, article 7.1

Trademark 52

Trademark Intellectual Property Trademark Law Registration 52

Biswajit Sarkar Copyright Blog

JANUARY 10, 2023

What is a registration of trademark? Trademark registration is not a mandate under the Indian trademark law, however it is advisable to go for a registration for certain reasons. The following steps are to be undertaken in order to get a mark registered as trademark under Indian trademark law: a.

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Registration Trademark Reporting Trademark Law 52