Erik K Pelton

FEBRUARY 27, 2023

The following is an edited transcript of my video Pickleball: A Boom in Trademark Filings If you haven’t played pickleball yet, you’ve certainly heard about it. In 2018, there were just 20 filings that referenced pickleball at the USPTO. Some studies indicate that it’s the fastest-growing sport in the United States.

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Trademark Editing Invention Business 147

IP Watchdog

MAY 20, 2022

This week in Other Barks & Bites: the European Commission sent notice to several EU member states directing them to codify recent rule changes to EU copyright law; a WIPO report shows that China has a significant lead in global patent application filings for hydrogen fuel cell vehicle technologies; Judge O’Grady is removed from the criminal copyright (..)

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Copyright Trademark Copyright Law Advertising 106

Erik K Pelton

DECEMBER 31, 2021

Top Trademark Trends of 2021. 2021 was a busy year in the world of trademarks. The uncertainties of COVID in a second year couldn’t stop huge application filing numbers and many developments in the world of trademarks. Trademark scams continued to proliferate, despite some increased efforts to crack down.

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Editing Non-Fungible Tokens Trademark All Rights Reserved 147

Erik K Pelton

DECEMBER 20, 2022

The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.

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Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

Erik K Pelton

DECEMBER 28, 2020

And trademarks have been along for the ride. While there were not, in my opinion, any major court developments affecting trademark owners, there have been many other events and changes that have impacted the world of trademarks over the past 12 months. The year’s biggest story impacted trademarks in a few different ways.

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IP and Legal Filings

MARCH 10, 2025

The tech giant flashed in the news again in the trademark dispute with Gurugram-based fraudulent call centre company Retnec Private Limited. Background of the case Microsoft is well-known and recognisable brand by their many products and services among masses and have registered trademarks around the globe including India.

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IPilogue

JULY 20, 2021

As the brand is strongly interested in maintaining its status symbol, it is diligent in protecting its iconic trademark. The brand successfully enforced their trademarks against Eli Varzari who offered custom-built electric bicycles under the name “Harley Davidson Willie G Edition.”

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IP and Legal Filings

MARCH 11, 2025

Trademarks are not just marks or labels, they carry value and encourage commerce and signifies credibility and quality in the market. But what happens, however, when these trademarks become the focus point of contingent legal battles? An individual who has a right to be aggrieved can go for cancellation of the registration in person.

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Trademark Registration Litigation Trademark Law 52

IPilogue

DECEMBER 21, 2022

Tech giant Apple has recently filed a lawsuit against the United States Patent and Trademark Office (“USPTO”) and Director Kathi Vidal over the Office’s refusal to register Apple’s “SMART KEYBOARD” trademark based on genericness. Generics cannot have trademark protection. A string of refusals. Apple is not giving up.

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Kashishipr

DECEMBER 15, 2021

Trademarks indicate the origin of a product. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. A 3D shape cannot be registered as a trademark if the shape: Arises from the inherent nature of the object or goods; Provides a technical function; or.

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IPilogue

NOVEMBER 17, 2022

Can you file a trademark application for a restaurant and proceed to demand 1.5 Upon learning that Beijing Judian was planning to open locations in Canada, Meng raced to file trademark applications for the identical mark in Canada. Two sections recently added to Canada’s Trademark Act of 1985 (“the Act ”) mention bad faith.

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IPilogue

SEPTEMBER 9, 2022

According to The Wrap , AMC Networks and Sony Pictures, the production companies behind Better Call Saul , are being sued for trademark and trade dress infringement by Liberty Tax. The entertainment industry is no stranger to trademark infringement issues. Photo retrieved from Tubefilter.

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Trademark Public Domain Television Fair Use 105

SpicyIP

APRIL 4, 2022

Limited refused to grant an interim injunction in favour of the plaintiff in a case of trademark infringement concerning the plaintiff’s mark ‘Rooh Afza’ and the defendant’s mark ‘Dil Afza’. The defendant argued that since both the marks were registered, Section 29 of the Trade Marks Act could not be applied.

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Trademark Registration Trademark Law Branding 119

SpicyIP

OCTOBER 14, 2024

The plaintiff claimed to have used the trademark “POLO” since 1967. The defendants were using the trademarks “POLO,” “POLO BY RALPH LAUREN,” and a device of a polo player for their footwear products, which closely resembled the plaintiff’s marks. Mrs Arti Gupta & Anr.

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Trademark Registering Trademarks IP Copyright 105

SpicyIP

MARCH 24, 2025

& Ors , imposed a staggering 339 crore in damages and costs on Amazon Technologies, Inc (D1) for trademark infringement. Factual Matrix The plaintiffs, Lifestyle Equities, owners of the registered trademark Beverly Hills Polo Club, initiated trademark infringement proceedings against Amazon Technologies, Inc. (D1),

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Branding Brands Branding Trademark 66

IP and Legal Filings

SEPTEMBER 12, 2024

INTRODUCTION Section 29 [1] of the Trademark Act, 1999 , defines infringement as: “Trademarks infringement occurs if an unauthorized party makes use of a registered trademark in a way that is likely to lead to confusion about the origin of the product.” FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign

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IP Watchdog

AUGUST 7, 2021

The number of artificial intelligence (AI) patent applications received annually by the United States Patent and Trademark Office (USPTO) grew from 30,000 in 2002 to more than 60,000 in 2018. Further, the USPTO has issued thousands of inventions that utilize AI.

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IP and Legal Filings

AUGUST 11, 2023

Introduction Trademarks are no longer confined to words, numbers, or devices. 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] 7] Is Braille a ‘Mark’ ?

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Trademark Registration Intellectual Property Intellectual Property Law 98

IIPRD

JANUARY 7, 2025

AI AND TRADEMARK Trademarks give brand owners exclusive rights by identifying the source of goods or services. The likelihood of trademark infringement rises with the increasing prevalence of AI-generated material. Now, all it takes to replicate the diligent effort of a trademark owner is a few AI commands.

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Nelligan Law

FEBRUARY 5, 2024

While they may appear harmless, a troubling issue has come to the forefront, one that raises complex legal and ethical questions – the unauthorized use of famous trademarks on these cannabis edibles. When Haribo’s branding is replicated on cannabis-infused gummies, it violates trademark rights and raises serious safety concerns.

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Branding Brands Branding Trademark 105

JD Supra Law

FEBRUARY 13, 2025

These amendments will empower the Registrar of Trademarks (the Registrar) to deliver timely and.

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Plagiarism Today

AUGUST 16, 2022

Piaggio has long claimed that Kumpan’s electric scooter is both a copyright and a trademark infringement of their design. The dispute reaching a boiling point in 2018 when Piaggio had several of Kumpan scooters confiscated at a tradeshow.

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Fair Use Copyright Infringement Intellectual Property Reporting 246

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 Brands 97

JD Supra Law

NOVEMBER 23, 2021

The 2018 Farm Bill (i.e., Agriculture Improvement Act of 2018) decriminalized those cannabis plants and parts having low concentrations (up to 0.3% by dry weight) of delta-9-tetrahydrocannabinol (?9-THC). Such low ?

Trademark 101

Trademark Marketing Marketing 101

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.

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Trademark Branding Brands Branding 98

SpicyIP

NOVEMBER 23, 2021

We are pleased to bring you a guest post from Payal Saraogi, on a recent decision of the Delhi High Court on Google’s use of trademarks as advertisement keywords. Revival of the Third-party Trademark as a Keyword Dispute. Google India Private Limited and others. The parties and their positions.

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Trademark Advertising Advertising Trademark Law 105

Plagiarism Today

JULY 28, 2021

They are also seeking damages for trademark violations and alleged violations of the Computer Fraud and Abuse Act. According to the complaint, Kidsburg opened on October 31, 2018 and Kids’ Town sent its first letter in December of that year. 2: Google Urged to Pay News Copyright Fees.

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IP and Legal Filings

OCTOBER 23, 2023

Businesses may find it challenging to enforce trademark rights in online marketplaces because it can be challenging to locate infringers and hold them accountable. Effective trademark enforcement is essential in this situation for protecting the goodwill and financial interests of legitimate businesses.

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Marketing Marketing Trademark Registration 98

JD Supra Law

MARCH 13, 2025

Citing forfeiture, the US Court of Appeals for the Federal Circuit upheld the dismissal of a complaint against the US Patent & Trademark Office (PTO). The complaint sought director review of a 2018 Patent Trial & Appeal Board decision that affirmed a rejection of claims in the subject patent application.

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Patent Application Technology Trademark Patent 61

SpicyIP

OCTOBER 16, 2024

Template from here In the foreground of today’s fiercely competitive offline and digital marketplaces, where brands engage in neck-to-neck battles for visibility, the role of colours in trademarks has become a focal point of legal discourse. Patel & Ors.

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Trademark Registration Branding Brands 105

Greenspoon Marder LLP

FEBRUARY 14, 2025

The legalization of industrial hemp in the 2018 Farm Bill resulted in the proliferation of thousands of consumable CBD and intoxicating hemp-derived products hitting the marketplace across the United States. By: Gavin Strube, Esq. and Irina Dashevsky, Esq. These products are often manufactured without any regulatory oversight whatsoever.

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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. Trademark law allows Banksy to remain anonymous and maintain his mysterious artistic persona. Ultimately, the EUIPO declared the trademark registration of Laugh Now invalid.

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JD Supra Law

JUNE 1, 2022

The United States Court of Appeals for the Ninth Circuit held that delta-8 THC falls squarely within the definition of “hemp” under the 2018 Farm Act, and is therefore lawful, despite its psychoactive properties. By: Seyfarth Shaw LLP

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SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. Assistant Controller of Patents and Designs , N.V.

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Plagiarism Today

AUGUST 18, 2021

Though originally released in 2018, Among Us became wildly popular during the pandemic, with streamers and gamers alike discovering it and enjoying both the cartoonish art style and the intrigue of trying to suss out who the imposters are. However, it wasn’t the end of Epic Games’ issues with copying.

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Plagiarism Copying Artwork Copyright Infringement 246

JD Supra Law

JUNE 17, 2022

Distro, LLC that delta-8 THC is legal for purposes of trademark protection. The rationale behind this ruling has roots in the 2018 Farm Bill (also known as the Agriculture Improvement Act of 2018)—or, more specifically, what was left out of the 2018 Farm Bill. 4th 682, 686 (9th Cir. By: Kelley Drye & Warren LLP

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IP Watchdog

AUGUST 8, 2024

The motives behind the appellate stage guidelines can be traced back to around 2018, when the Brazilian Patent and Trademark Office (BPTO) began publishing new rules aimed at streamlining and expediting the examination and reducing the pendency time of patent applications, for example, of so called “preliminary office actions”.

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