Erik K Pelton

DECEMBER 20, 2022

And the number of active trademark registrations in the USPTO database is larger than ever. Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

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. 2018: [link]. 2016: [link].

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Trademark All Rights Reserved Registration Branding 130

IPilogue

AUGUST 4, 2022

The applicant, Beijing Judian Restaurant Co (“Judian”), has operated restaurants in Vancouver and Richmond since 2018, along with numerous well-known ( served over 5,750,000 customers between 2011 and 2019 ) restaurants in China since 2005. The applicant noted similar provisions in EU and UK trademark law that have been adjudicated.

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Trademark Registration Design Designs 114

Kashishipr

DECEMBER 15, 2021

The trademark was registered for a 3D shape of 250 GTO in three classes: Class 12 (Vehicles), Class 25 (Clothing), and Class 28 (Games and playthings). Another car company, ARES Design, announced its plans to bring a modern take on the classic 250 GTO model in 2018. Registration took two years. Key Takeaways.

Trademark 105

Trademark Intellectual Property Registration Design 105

IP and Legal Filings

AUGUST 11, 2023

This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] 4] Second, the qualification for registering a trademark, both traditional and non-traditional, essentially remains the same.

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Trademark Registration Intellectual Property Intellectual Property Law 98

IP and Legal Filings

MARCH 11, 2025

But what happens, however, when these trademarks become the focus point of contingent legal battles? The Trademarks Act, 1999 intends to interfere and offer some remedies so disputes can be sorted either on the ground of registration or infringement or even grounds of validity. 2018) 2 SCC 112. Diesels Ltd.,

Trademark 52

Trademark Registration Litigation Trademark Law 52

IPilogue

FEBRUARY 16, 2023

On November 7, 2018, Pest Control, Banksy’s authentication body, filed an EU trademark claim on behalf of the artist for Laugh Now. Typically, artists protect their artwork using only copyright law. Trademark law allows Banksy to remain anonymous and maintain his mysterious artistic persona. street artist Banksy.

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Trademark Artwork Registration Art 105

IP and Legal Filings

SEPTEMBER 12, 2024

Such disputes, very often setting important legal precedents, influence trademark protection and enforcement globally. FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign Samsung : This was a case, from 2011 to 2018, where Apple took the word against Samsung, claiming infringement of its smartphone design and utility patents.

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Branding Brands Branding Trademark 98

Traverse Legal Blog

JANUARY 26, 2021

Even though the United States Patent and Trademark Office (USPTO) does not currently allow federal trademark registration for goods or services that violate federal law, it does allow federal trademark registration for cannabis and cannabis-related goods and services if the use in commerce is lawful.

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Trademark Registration Branding Branding 97

The IP Law Blog

SEPTEMBER 9, 2021

Global fashion brand Nine West recently filed a Notice of Opposition with the Trademark Trial and Appeal Board contesting the registration of the mark “Nina West” by a company owned by Andrew Levitt, drag name Nina West. Nine West, popular for its shoe, handbag, and accessory lines, filed for bankruptcy in 2018.

Trademark 98

Trademark Branding Branding Brands 98

SpicyIP

MAY 14, 2022

programs can take part) across the world, as well as to those who have completed their first law degree in 2019 or later. Registration : There is no registration fee or registration process for the competition. Ragavan’s scholarship emphasizes issues intersecting international trade law with intellectual property rights.

Intellectual Property Law 135

Intellectual Property Law Intellectual Property Law Editing 135

SpicyIP

OCTOBER 16, 2024

As a result, leading brands often find themselves embroiled in extended legal strifes in pursuit of the widest possible protection for their registrations. In the past, SpicyIP bloggers ( here , here , and here ) have also delivered their critical commentaries on the evolving focus of the law on colour. Mr. Patel & Ors.

Trademark 105

Trademark Registration Branding Brands 105

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. 344/2018]. [5] 344/2018]. [6] 344/2018]. [7] 4] [Civil Suit No. 27-10-2009). [8]

Marketing 98

Marketing Marketing Trademark Registration 98

IP and Legal Filings

SEPTEMBER 17, 2021

In India, as of 2018, the industry was valued at over five trillion INR and is expected to reach about 223 billion dollars by 2021. With the introduction of technologies such as 3D printing or laser printing, patent laws have entered the fashion industry. The importance of trademarks in the fashion industry. dollars in the USA.

Designs 97

Designs Design Artistic Work Technology 97

SpicyIP

APRIL 9, 2022

Ujjawal is a fifth-year student of the Institute of Law, Nirma University, Ahmedabad and has a keen interest in the subject of Intellectual Property, specifically copyright and trademark laws. They have been using the trademark RPG, derived from the acronym of its founder Ram Prasad Goenka, since 1979. RPG Enterprises v.

Registering Trademarks 102

Registering Trademarks Trademark Registration Government 102

IP and Legal Filings

OCTOBER 31, 2022

The objective of the Singapore Treaty is to create a modern and dynamic international framework for the harmonization of administrative trademark registration procedures. The Singapore Treaty is applicable to all types of marks registrable under the law of a given Contracting Party. Image Source: IStock].

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Trademark Contracts Intellectual Property Registering Trademarks 52

Dear Rich IP Blog

SEPTEMBER 16, 2020

A company from Coral Gables, Florida applied for the Louise Brooks trademark in 2018. The application seemed doomed in February 2019, when the USPTO trademark examiner issued a final office action (FOA) denying registration. List of goods that are part of the Louise Brooks trademark registration. (1)

Public Domain 52

Public Domain Graphic Design Art Trademark 52

SpicyIP

JANUARY 31, 2024

The Guardian says that Defendants registered the tagline in 2018. Upon cross-checking, while I couldn’t see a separate registration for the above tagline, I found the registered mark “ Daryaganj – By the inventors of Butter Chicken and Dal Makhani (Logo and device) ” Given these details (i.e.,

Inventor 63

Inventor Ownership Reporting Registration 63

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 Branding Brands 59

IPilogue

NOVEMBER 22, 2022

Indeed, when searching the United States Patent and Trademark Office (“USPTO”) database, the signature pose has been registered for many industries, including eyewear and accessories, clocks and watches, leathers, bags, clothing, footwear, games, entertainment, restaurants, etc.

Trademark 59

Trademark Social Media Branding Branding 59

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. 2] CS(COMM) 76/2018. [3] 4] RFA (OS)(COMM) 13/2018 & CM 29064/2018. [5] 5] CS(L) NO.1100

Branding 40

Branding Branding Brands Trademark Law 40

IIPRD

JUNE 13, 2024

As per the Indian jurisprudence for IPR laws, the term “person” encompasses both an individual human being and a collective entity such as an organization or association composed of human beings. Trademark law One of the areas where both trademarks and AI intersect with each other is in creation of new brands and trademarks.

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Intellectual Property Inventor Invention Trademark 59

Garrigues Blog

JANUARY 10, 2023

As from this coming January 14, claims requesting a declaration of invalidity or the revocation of a Spanish trademark (or Spanish trade name) must be filed at the SPTO. As a result, it will only be possible to submit claims at the commercial courts, in the form of a counterclaim, in trademark infringement proceedings.

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Trademark Patent Trademark Law Law 52

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. 73, 77 (2018)(footnotes omitted)].

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

SpicyIP

FEBRUARY 13, 2023

Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision. Delhi High Court Imposes Costs worth INR 2 Cr. on Triveni Interchem Pvt.

Designs 52

Designs Design Trademark Cease and Desist 52

TorrentFreak

DECEMBER 22, 2022

TIR further blends copyright and trademark law by claiming that Cloudflare “admitted that the accepted 65 URL(s) for the DMCA report on mistress-harley.com” includes the 65 “infringing links” referenced earlier under trademark law. ” TIR, Cloudflare and the ‘Mon Cheri’ Decision.

Privacy 137

Privacy Copyright Infringement Trademark Copyright 137

The IP Law Blog

MARCH 2, 2021

The Supreme Court first looked to the section of the Lanham Act governing remedies for trademark violations, 15 U.S.C. 10 According to Fossil, the equity courts historically required plaintiffs to establish willfulness, or its historical equivalent, to obtain a profits award in trademark disputes. 1045 (2018). concurring).

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

43(B)log

DECEMBER 1, 2022

Grimaldi grounds, the district court’s grant of summary judgment to MTV on the resulting trademark claims. MGFB has a federal registration for FLORA-BAMA for “bar and restaurant services” and several entertainment services, including “social entertainment events,” live musical performances, and “competitions for fish throwing.”

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

IPilogue

JANUARY 14, 2022

In 2018, section 53.1 Trademark Law. Parody in Trademarks is No Joke. In Subway IP LLC v Budway, Cannabis & Wellness Store , the Federal Court reaffirmed that parody is not a defence against trademark violation. With damages amounting to $40,000, it is clear the courts are unamused by parody in trademarks.

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IP Copyright Infringement Inventor Intellectual Property 105

SpicyIP

DECEMBER 30, 2023

The dispute arose because Oppo did not pay royalties to Nokia for using its SEPs after the expiration of their agreement in 2018 and went on to sell their handsets using Nokia’s SEPs in India. Tech Square which was passed against a cancellation petition filed by Toyota against the registration of “Alphard” by Tech Square.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

FEBRUARY 16, 2023

On January 13, the China National Intellectual Property Administration (CNIPA) circulated a draft amendment to the PRC Trademark Law for public comment (“TML Draft Amendment”). The TML Draft Amendment is the product of deliberations that officially commenced in 2018. Only 27 articles remain unchanged.

Trademark Law 40

Trademark Law Trademark Law Registering Trademarks 40

Technology & Marketing Law Blog

MARCH 22, 2025

Since that time, Eric has invited me to write (or allowed me to write) other guest blog posts about cases involving potential conflicts between trademark laws and the right to freedom of expression. Elster , Technology & Marketing Law Blog (Nov. – Jack Daniel’s v.

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Blogging Marketing Marketing Technology 52

43(B)log

AUGUST 8, 2024

There have been federally lawful cannabis goods/services since 2018 with very specific chemical definitions. RT: If you have relative examination, and not just refusal on absolute grounds, you really need to know the scope of applicant/registrant services. And there are a lot of registrations. Not a counterfeiter.

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Fair Use IP Art Registration 45

Technology & Marketing Law Blog

NOVEMBER 27, 2023

The United States Patent and Trademark Office (USPTO) refused registration of “Trump Too Small” under Section 2(c) of the Lanham Act ( 15 USC 1052(c) ) because the phrase includes a living individual’s name without his written consent. VIP Products (2023) opinion and its other trademark cases. Tam (2017) and Iancu v.

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Registration Trademark Blogging Law 106

IP and Legal Filings

DECEMBER 6, 2023

Jaitley’s right and pronounced that any person may be restrained from using the names of popular or well-known celebrities, when the particular name is a well-known trademark as envisaged under the basic principles of trademark law and thatcelebrity is entitled to use his name for commercial purposes. 2662/2011 Douglas v.

Privacy 105

Privacy Intellectual Property Law Intellectual Property Advertising 105

Patently-O

DECEMBER 12, 2021

. § 1052(c) provides, in pertinent part, that the PTO must deny federal registration to a trademark if it “[c]onsists of or comprises a name, portrait, or signature identifying a particular individual except by his written consent….”

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Registration Government Advertising Advertising 69

Patently-O

JUNE 11, 2023

Elster to determine if the PTO violated Steve Elster’s First Amendment right to free speech when it declined to federally register his trademark TRUMP TOO SMALL in connection with T-shirts. The PTO had denied registration under 15 U.S.C. Brunetti , the Federal Circuit’s decision was almost certainly correct. [4]

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Registration Trademark Government Law 64