43(B)log

FEBRUARY 19, 2022

NAACP—these courts very clearly say that trademark law applies to commercial speech, defined as it is in First Amendment case law, and not to noncommercial speech. Some of the work is also done by the idea that trademark control extends only to the name/logo of a congregation and not to other elements of worship.

Trademark Law 72

Trademark Law Trademark Art Branding 72

Patently-O

JUNE 29, 2022

Coca-Cola stepped-in in 2016 seeking to cancel Meenaxi’s mark registrations. 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.

Trademark 119

Trademark Trademark Law Branding Brands 119

Corsearch

FEBRUARY 14, 2023

The average US consumer is planning to spend $192 on Valentine’s Day gifts in 2023, up by 8% from 2022 – and just shy of 2020’s record ($196), according to The National Retail Federation [2]. A trademark is not just a means of securing and protecting a brand name, it is also a valuable business asset.

Trademark 52

Trademark Non-Fungible Tokens IP Branding 52

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Corporations must establish online identities, such as logos, slogans, product names, and brands, to build consumer awareness, loyalty, and trust.

Trademark 89

Trademark Social Media Advertising Advertising 89

SpicyIP

AUGUST 10, 2024

Recently Lupin Atlantis Holdings SA secured trademark registrations for three colour combinations for its inhalers. Application for the grey-brown combination was made twice – first in May, 2021 (see here ) and with certain “interesting” changes (discussed below) again in January, 2022 (see here ). Sabeeh Ahmad.

Trademark 97

Trademark Registration Reporting Marketing 97

The IPKat

JANUARY 27, 2022

Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products.

Trademark 138

Trademark Registration Marketing Marketing 138

IP and Legal Filings

DECEMBER 23, 2023

However, a caveat to this is that the use of a similar mark can still be permitted on different products or services, though it may not be eligible for registration as a domain name. [3] It also held that when possessor of a trademark has prior and exclusive usage, they not only possess superior title but also absolute ownership.

Trademark 52

Trademark Registration Trademark Law Business 52

The TTABlog

JANUARY 4, 2023

On December 20, 2022, in a precedential opinion in Empresa Cubana Del Tabaco d.b.a. the TTAB ordered cancellation of two registrations for the mark COHIBA for cigars, one in typeset and one in stylized form. The owner of the cancelled registrations is General Cigar Co., can cancel a subsequent trademark registration in the U.S.

Registration 75

Registration Trademark Law Trademark Branding 75

Kashishipr

AUGUST 17, 2022

As per a report, influencer marketing investment is expected to reach $15 billion in 2022. Here are a few reasons why content creators and social media influencers should consider registering their IP: IP registration helps establish ownership of the IP assets, which, in turn, helps enforce rights in the scenario of a legal dispute.

Social Media 52

Social Media Intellectual Property Registration Branding 52

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

SpicyIP

NOVEMBER 17, 2023

We are pleased to announce that registration for the free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship is currently open. As per a NASSCOM report, India added a whopping over 1,300 active tech start-ups in the year 2022, taking the total tally of such start-ups to approx.

Intellectual Property 99

Intellectual Property Technology IP Law 99

IPilogue

NOVEMBER 22, 2022

Michelle Mao is an IPilogue Writer and a 2L student at Osgoode Hall Law School. You may recall Usain Bolt’s subtle but impactful tweet on August 23, 2022, adding a trademark emoji to his iconic quote, “To the World”. Trademarks do not necessarily prevent all others from utilizing the trademark in the future.

Trademark 59

Trademark Social Media Branding Brands 59

LexBlog IP

AUGUST 22, 2022

Vintage Brand, LLC , 2022 U.S.P.Q.2d 2022 The Pennsylvania State University (“Penn State”) sued Vintage Brand, LLC (“Vintage”), an online retailer of screen-printed goods featuring logos and images, for violations of federal and state trademark and unfair competition laws. ”

Licensing 52

Licensing Trademark Public Domain Registration 52

LexBlog IP

SEPTEMBER 1, 2023

’s (“Whirlpool”) famous KITCHENAID trademarks and trade dress. In January 2022, Whirlpool sued Shenzhen alleging trademark infringement and dilution, trade dress infringement, and unfair competition under both federal and state law for Shenzhen’s sale of its stand mixers sold online under the names COOKLEE and PHISNIC.

Trademark 52

Trademark Designs Design Registration 52

Intepat

MAY 16, 2023

Due to the extent of unlawful activity associated with the petitioner’s name and personality, the court granted a restraining order on 25 th November 2022 against various people and companies. The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks.

Branding 98

Branding Brands Branding Personality Rights 98

IP Tech Blog

AUGUST 17, 2022

The recycled bottles did not bear the Tsingtao labels and marks, which had been replaced by the label and trademarks of the smaller brewery. In particular, Tsingtao alleged that such use of its registered trademark created in the relevant users the impression that the small breweries’ beer and brand was somewhat related to Tsingtao Beer.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

IP and Legal Filings

APRIL 14, 2023

There have been several instances wherein the Courts have granted protection and recognized marks as Well-Known Trademarks. One such instance was the recent case involving the renowned Basmati Rice Brand ‘DAAWAT’. It is the case of the Plaintiff that it is one of the 50 most renowned brands among Food Companies in North India.

Trademark 87

Trademark Branding Brands Branding 87

IP and Legal Filings

OCTOBER 23, 2023

The issue of counterfeiting not only compromises a brand’s reputation or brand value, but also puts consumer safety at risk by allowing the sale and uninformed purchase of sub-standard goods. The defendant was “Darveys.com”, it was a “luxury brand marketplace” [6]. Nakul Bajaj & Ors. [4] 4] [Civil Suit No. 344/2018].

Marketing 88

Marketing Marketing Trademark Registration 88

IP and Legal Filings

JUNE 26, 2023

Introduction Brand owners and traders have long embraced numeral creativity to captivate consumers. Names like 7-eleven, 5 Star, 7Up, and 99acres resonate with consumers, widely reflecting the innovative use of number as brand identities.

Trademark 72

Trademark Fair Use Registration Branding 72

Traverse Legal Blog

MAY 1, 2022

A trademark security agreement filed with the USPTO must specifically identify the mark, the jurisdiction, registration number, registration date, and record owner of the trademark. Perfecting a security interest in trademarks and other IP’s is not as clear as it is for other kinds of personal property.

Trademark 59

Trademark Due Diligence Intellectual Property Social Media 59

Technology & Marketing Law Blog

OCTOBER 17, 2022

.” They mostly are a licensing organization, and their registrations are in a wide range of classes: “from articles of clothing and snacks to ‘orthopaedic foot cushions’ and ‘[p]atient safety restraints.'” ” (Raise your hand if you’ve ever seen Emojico-branded patient safety restraints).

Trademark 111

Trademark Fair Use Registration Licensing 111

SpicyIP

MAY 18, 2022

Nike has also brought an action for trademark infringement against StockX alleging that StockX’s NFTs depicting Nike shoes violates its trademarks. Feb 25, 2022. March 4, 2022. Feb 22, 2022. Some examples under class 9 include: S.No. Application date. Description (shortened). TOMMY JEANS.

Non-Fungible Tokens 108

Non-Fungible Tokens Trademark Artwork Art 108

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. There have been some court decisions on this precise topic, but the law is not completely settled. But what rights do you have to what it creates for you?

Designs 52

Designs Design Trademark Copyright 52

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.

Registration 66

Registration Trademark Trademark Law Marketing 66

LexBlog IP

AUGUST 17, 2022

The recycled bottles did not bear the Tsingtao labels and marks, which had been replaced by the label and trademarks of the smaller brewery. 57 of the Chinese Trademark law. 7) causing harm to other’s exclusive rights to use registered trademarks.” 57 of the Trademark Law. The MSA Decision.

Trademark 52

Trademark Registering Trademarks Art Cease and Desist 52

IIPRD

JUNE 13, 2024

Which states that for copyright registration only “the details of the person(s), who has actually created the work i.e. only natural person (human being), should be provided” Also, section 57 of the act says that the author has Moral rights, and incorporates the right to paternity and the right to integrity. 6] Thaler V Vidal, No.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

IPilogue

JANUARY 14, 2022

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. Copyright Law.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

SpicyIP

FEBRUARY 13, 2023

Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision. Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013. on Triveni Interchem Pvt.

Designs 52

Designs Design Trademark Cease and Desist 52

SpicyIP

MARCH 25, 2024

Sunanda Bharti on the Michelin Stars and its interaction was trademark laws. Bharti is a Professor of Law at Delhi University, and her previous posts can be accessed here. Image from here Mischief, Manifestation, and the Michelin Trademark!

Trademark 45

Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

SpicyIP

NOVEMBER 8, 2023

For collective marks, he argued that out of 10 collective mark registrations he examined, 9 were granted erroneously. Fast forward to 2022, which wasn’t a very good year, as DHC restrained some defendants from using the plaintiff’s registered marks on the Google Ads Program for trademark infringement and passing-off.

Trademark 59

Trademark Publishing Journalism Copyright 59

43(B)log

DECEMBER 1, 2022

29, 2022) MGFB runs the Flora-Bama Lounge, Package and Oyster Bar on the Florida-Alabama border. Grimaldi grounds, the district court’s grant of summary judgment to MTV on the resulting trademark claims. This justification is at least consistent with the core idea of trademark law. MGFB Properties, Inc. Viacom Inc, No.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may.

Trademark 78

Trademark Registering Trademarks Trademark Law Branding 78

LexBlog IP

SEPTEMBER 29, 2022

19 The distinctive character of a trade mark must be assessed by reference, first, to the goods or services in respect of which registration is sought and, second, to the perception of the relevant public (see judgment of 12 February 2004, Henkel, C‑218/01, EU:C:2004:88, paragraph 50 and the case-law cited). Duck Boat Tours, Inc.

Trademark 52

Trademark Registration Music Intellectual Property 52

The IPKat

APRIL 17, 2024

From oil paintings to bucket hats, the artworks emerged initially for the Roskilde Festival in June 2022, depicting the Irma Girl in an uncharacteristically rebellious light – with a beer in hand, a soundbox on her back, and a cigarette in her mouth.

Trademark 70

Trademark Artwork Social Media Trademark Law 70

IP and Legal Filings

FEBRUARY 7, 2023

This demonstrates the succinctness and simplicity of the Metaverse’s trademarking mechanism. Their rights will be protected thanks to the metaverse brands’ trademarks. In 2022, “Gucci” and “Roblox” opened a permanent “Gucci Town” as part of their ongoing partnership.

Trademark 86

Trademark Non-Fungible Tokens Branding Brands 86

SpicyIP

JANUARY 23, 2023

Delhi High Court clarifies that difference in brand name cannot be a defense against prior publication of the suit design. Case: Novamax Industries Llp vs Prem Appliances & Anr. The Defendant argued that the suit design was published prior to the date of registration under a different trade name.

Designs 101

Designs Design Invention Registration 101

JIPEL Copyright Blog

APRIL 4, 2022

In the playpen that is nonverbal marks, the game is all about whether registrants can jump the hurdle between two opposing classifications—product packaging and product configuration. That you could submit a product configuration mark to TTAB and not only get denied registration, but that they could tell you that you can never reapply?

Registration 52

Registration Designs Design Trademark 52