Likelihood of Confusion

NOVEMBER 24, 2024

Originally posted 2021-04-13 10:40:33. Republished by Blog Post PromoterWhen trademark lawyers — much less judges — use a word, it means just what they choose it to mean — neither more nor less.

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JD Supra Law

FEBRUARY 15, 2022

KEY TAKEAWAYS AND OUTLOOK FOR 2022 - While Gen Z taught us all on TikTok how not to be “cheugy,” or out of touch with pop culture, similarly, trademark law in 2021 ushered in new and changed regulations, provided further guidance on traditional legal concepts and gave us a peek into how brands may help shape the future in the “metaverse”—and beyond. (..)

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JD Supra Law

DECEMBER 2, 2021

Quentin Tarantino, director of the 1994 Pulp Fiction movie, announced in a press release on November 2, 2021 that he was offering uncut, exclusive scenes to the movie as “secret NFTs.” He and his organization launched a “Tarantino NFTs” Twitter account and website, [link] for the sale. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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The TTABlog

SEPTEMBER 10, 2021

In any case, here's the July-August 2021 issue of The Trademark Reporter (TMR). Bereskin , by Julian Bibb The reviewer of this book on the Canadian law of unfair competition finds that the author’s critical commentary and thoughtful observation make this one-volume treatise indispensable. pdf here ].

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Erik K Pelton

JANUARY 12, 2022

Pelton & Associates, PLLC® (EMP&A) of Falls Church, Virginia, in response to the “USPTO To Begin Issuing Electronic Trademark Registration Certificates” [1] published December 15, 2021. [2] EMP&A is a boutique trademark law firm located in Falls Church, Virginia. 71249, 71250 (December 15, 2021).

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JIPEL Copyright Blog

DECEMBER 15, 2021

While these cases exemplify the tension between different brands and their trademarks, they also allude to the growing misalignment between the luxury fashion industry and trademark law. Brands like Tide, Sharpie, and Nintendo sell at a premium because customers trust that they’re getting high quality products.

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TorrentFreak

JUNE 26, 2024

We honor valid removal requests based on infringements of copyright law and trademark law.” ” Released every six months, TikTok’s transparency reports bundle copyright and trademark takedown notices together. Given the changing nature of the data, anything that pre-dates 2021 is excluded here.

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The TTABlog

DECEMBER 20, 2021

INTA has published the November-December, 2021 (Vol. 6) issue of The Trademark Reporter (TMR). Book Review: Likelihood of Confusion in Trademark Law by Richard L. TTABlog comment: Once again, I thank The Trademark Reporter for allowing me to provide this issue to you all. Welch 2021. pdf here ].

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The TTABlog

JULY 2, 2021

TTAB Posts April 2021 (Virtual) Hearing Schedule Text Copyright John L. Welch 2021. The choice is complicated" Recommended Reading: Prof. The TTABlogger Speaks!

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SpicyIP

AUGUST 27, 2021

Following on from the success of last year’s inaugural edition of the Shamnad Basheer Essay Competition on IP Law, on May 14 th , 2021 we announced the 2 nd edition of the Shamnad Basheer Essay Competition on the occasion of Shamnad ‘s 45 th birth anniversary. A photograph of Prof. (Dr.) Shamnad Basheer. And the winners are: 1.

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IP Intelligence

MAY 2, 2022

trademark law worldwide to purely foreign sales.” [6]. And they criticize the Tenth Circuit for “justifying extraterritorial application of the Lanham Act” based on the defendants’ “alleged[] diver[sion] [of] ‘ foreign sales ’ away from a U.S. plaintiff.” [3] commerce.” [4] can be a springboard for applying U.S.

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Patently-O

OCTOBER 18, 2021

Google (GA 2021). This interesting case is pending before the Supreme Court of Georgia over the question of keyword advertising under Georgia law. The law [of Georgia] protects its right to exclude others from trading on that name and its associated good will for profit. by Dennis Crouch. Edible IP v. Constitution.

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The TTABlog

DECEMBER 14, 2021

Sink your teeth into this Harvard Law Review note that strikes at the heart of trademark infringement doctrine: " Trademark Injury in Law and Fact: A Standing Defense to Modern Infringement ," 35 Harv. 667 (December 2021). This note posits that trademark law and the law of standing have grown apart.

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LexBlog IP

MAY 2, 2022

trademark law worldwide to purely foreign sales.” [6]. And they criticize the Tenth Circuit for “justifying extraterritorial application of the Lanham Act” based on the defendants’ “alleged[] diver[sion] [of] ‘ foreign sales ’ away from a U.S. plaintiff.” [3] commerce.” [4] can be a springboard for applying U.S.

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IPilogue

OCTOBER 21, 2022

Anita Gogia is a IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On May 25, 2021 the Japan Patent Office (JPO) granted Nobuaki Kurokawa a trademark for his apparel brand named “CUGGL” for class 25 (clothing and footwear).

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The IPKat

SEPTEMBER 15, 2022

These rules were introduced in the 2021 amendment to Article 1360 of the Civil Code. Before the 2021 amendment, such use was allowed only for reasons of public defense and security. The latter unsuccessfully contested this governmental order before the Supreme Court in May 2021.

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IPilogue

OCTOBER 18, 2022

The company argues that since the game uses trademarks belonging to it, having WOTC associated with such “reprehensible content” will damage WOTC’s reputation, goodwill, and undermine the cause of embracing diversity in fantasy gaming. Compared to other practice areas, trademark law is often seen as purely a business mechanism.

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Erik K Pelton

DECEMBER 28, 2020

Given the timing, stay tuned for more details and analysis in early 2021 (assuming it becomes law). New USPTO trademark fees effective January 2, 2021. What is quite likely the largest trademark fee increase in U.S. history will go into effect on January 2, 2021, at the USPTO. Looking ahead to 2021.

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JD Supra Law

JANUARY 12, 2022

Introduction - On December 27, 2020, the Trademark Modernization Act of 2020 (“TMA”) became law after it passed Congress and was signed by the President as part of the year-end Consolidated Appropriations Act for 2021. With the issuance of implementing regulations for the TMA by the U.S.

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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.

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IPilogue

OCTOBER 7, 2021

The court ultimately decided against the band because “Aboriginal rights are outside the scope of trademark law.”. Cases like this raise questions about the scope of intellectual property (IP) law in Canada. Trademark law in particular has the benefit of granting collective rights and can also provide perpetual protection.

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JIPL Online

APRIL 7, 2021

[viii] This massive dichotomy in prices forces fans to choose between the Scylla of paying hundreds of dollars for a jersey to support their favorite team because of sports licensing monopolies, and the Charybdis of perpetuating trademark infringement by knowingly or unknowingly patronizing these shady, unregulated vendors. (ii)

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Canadian Intellectual Property Blog

JUNE 22, 2022

4] Bill 96, An Act respecting French, the official and common language of Québec , 1st Sess, 42nd Leg, Québec, 2021, cl 47 (assented to 1 June 2022). [5] If you would like more information about intellectual property, please feel free to reach out to MBM for a free consultation. [1] 2] CQLR c C-11, r 9, s 25.3. [3] 5] CQLR c C-11, r 11.

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Technology & Marketing Law Blog

OCTOBER 5, 2023

I wrote an expert declaration about them in 2021). The court could have cited two recent Supreme Court cases (Jack Daniels and Abitron) for the proposition that trademark law only applies when parties are using a trademark as a mark , i.e., to identify and distinguish the source of marketplace goods.

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Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 5, 2020

News & World Report – Best Lawyers ® “Best Law Firms” 2021 edition. Patent Law. Technology Law. Trademark Law. Copyright Law. Firms included in the 2021 Edition of U.S. Litigation – Patent. Appellate Practice.

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IPilogue

DECEMBER 21, 2022

A quick search on the USPTO’s trademark database shows that Apple first filed the trademark registration for SMART KEYBOARD back in December 2015 as an iPad Pro accessory. The USPTO rejected the application in 2018, and the Trademark Trial and Appeal Board (“TTAP”) upheld this decision in 2021. A string of refusals.

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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. Comparative Analysis of Sound and Smell Trademark. 2021, June. Jus Corpus LJ, 3, p.1089. Shuju, F.U.,

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IP and Legal Filings

OCTOBER 28, 2022

10 of 2021, dated May 21, 2021. Article 143 of the Patent Law provides patent holders recourse to file claims in the Commercial Court if the rights under their patent are infringed by another party. Trademark: NFTs may also be protected as a trademark. Article 1(1) of Indonesia’s Trademark Law defines trademark.

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IP and Legal Filings

SEPTEMBER 17, 2021

Fashion, in 2021, has evolved to become a form of art that acts as a vehicle for cultural commentary and is not just merely restricted to the process of manufacturing apparel. 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. dollars in the USA.

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Erik K Pelton

MARCH 11, 2022

The FTC’s Proposed Trade Regulation Rule on Impersonation of Government and Businesses (FTC-2021-0077) aims to prevent fraudulent or harmful acts caused by impersonation of government and businesses. Pelton & Associates, PLLC (“EMP&A”) is a boutique trademark law firm located in Falls Church, Virginia. About Erik M.

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IPilogue

NOVEMBER 17, 2022

Since the Act does not explicitly define what constitutes an application filed in bad faith, more bad faith cases will slowly clarify the meaning of bad faith in Canadian trademark law. Although Beijing Judian successfully won the trademark battle, this case follows two 2021 decisions in Norsteel Building Systems Ltd.

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IP and Legal Filings

OCTOBER 26, 2023

In its process to debunk the claims Daily basket through its website also mentioned That except the word basket there existed no similarities or trademark violations in the brand logo and the name,colour and font itself was different. [4] 4] That Daily Basket had an entirely different user interface and the get-up was also way different.

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JD Supra Law

FEBRUARY 18, 2022

Regulations implementing the Trademark Modernization Act of 2020 (TMA) went into effect on December 18, 2021. The new rules and procedures are multifaceted and address several aspects of trademark law, both with respect to litigation and USPTO practice. By: SmithAmundsen LLC

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JD Supra Law

JANUARY 5, 2022

As we wrote in January 2021, the Trademark Modernization Act of 2020 (TMA) brought significant changes to trademark law and practice.

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LexBlog IP

JULY 22, 2022

As those involved in the world of trademark law likely know, the United States Patent and Trademark Office (“USPTO”) publishes an immensely helpful Manual covering the practices and procedures of prosecuting or registering trademarks in front of the USPTO.

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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. The Hermès-Rothschild Dispute. Concluding Remarks.

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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. 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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