43(B)log

APRIL 2, 2025

Is selling stolen goods trademark infringement? They claim trademark rights in Zoom Blowers, Pogo inflatables, and PartyTentsDirect.com. Defendants sold the plaintiffs products, which bear[ ] the [p]laintiffs names and trademarks[,] including Tentandtable.com, Zoom Blowers, Pogo Bounce House[,] and Partytentsdirect.com.

Trademark 52

Trademark Plagiarism Design Designs 52

Erik K Pelton

JANUARY 31, 2022

But a client forwarded this “WTMR 2022 OFFER” letter to me last week. See 2018: Beware of scam from WTMR – World Trademark Register. See 2021: Beware of latest trademark scam from WTMR, LLC. The “Word Trademark Register” is not any official database or directory. Is This A Trademark Scam?®.

Trademark 182

Trademark Registering Trademarks Publishing Reporting 182

Intellectual Property Law Blog

OCTOBER 4, 2022

On September 22, 2022, the U.S. Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series.

Technology 242

Technology Patent Application Trademark Patent 242

Erik K Pelton

DECEMBER 9, 2022

With the FIFA 2022 World Cup in full swing, it is a great time to review the “playing field” for trademark protection. Goalie – The ultimate protector and backstop: Trademark Registration. The post The Trademark Protection Playing Field appeared first on Erik M Pelton & Associates, PLLC.

Cease and Desist 147

Cease and Desist Trademark Registration Branding 147

Erik K Pelton

NOVEMBER 15, 2022

Beginning in December 2022, the USPTO is implementing the most significant change to the trademark application process in many years. Listen for more details about the changes and their impacts on trademark applicants. For more about the trademark application process, see [link].

Trademark 147

Trademark 147

Erik K Pelton

DECEMBER 15, 2022

The following is an edited transcript of my video Update on Trademark Backlog at the USPTO. Late in 2021, I provided some information about the backlog of trademark filings at the USPTO. As of May 2022, the backlogs are worse. How do we help keep examiners from leaving the USPTO for private practice or retiring?

Trademark 182

Trademark Registration Editing 182

IP Watchdog

JANUARY 23, 2022

Patent and Trademark Office (USPTO) Director Kathi Vidal’s answers to Senators’ written questions following her recent confirmation hearing provide reasons for hope to those concerned about the current state of the patent system. Vidal’s responses emphasize three priorities: strengthening patents and trademarks, ensuring that U.S.

Trademark 131

Trademark Intellectual Property Patent Invention 131

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.

Editing 147

Editing Non-Fungible Tokens Trademark All Rights Reserved 147

IP Watchdog

DECEMBER 19, 2022

Patent and Trademark Office (USPTO) under newly appointed Director, Kathi Vidal, and some exciting precedents set in the rapidly evolving area of inventions and art created by artificial intelligence machines, among other developments. Court of Appeals for the Federal Circuit, a flurry of activity from the U.S.

IP 139

IP Invention Art Business 139

IP Watchdog

DECEMBER 26, 2022

As 2022 has come and (almost) gone, it’s time to look back at the exciting grants and surprising denials of certiorari petitions involving patent and trademark matters by the Supreme Court of the United States, and what to look forward to from the Court in 2023. It’s that time again.

Intellectual Property 125

Intellectual Property Trademark Patent Litigation 125

JD Supra Law

JANUARY 16, 2023

NON-FUNGIBLE TOKENS AND TRADEMARK INFRINGEMENT: WHERE DOES THE LAW STAND? StockX, LLC, Nike filed a trademark infringement lawsuit against StockX, LLC, an online resale sneaker retailer, in February 2022 in the U.S. District Court for the Southern District of New York.

Non-Fungible Tokens 101

Non-Fungible Tokens Trademark Law Intellectual Property Law Trademark 101

Erik K Pelton

MARCH 27, 2023

The following is an edited transcript of my video What is a Presentation Copy of a Trademark Registration? One of the recent changes at the USPTO in 2022 was the transition to electronic registration certificates. The post What is a Trademark Registration “Presentation Copy”?

Copying 147

Copying Registration Trademark Editing 147

IP Watchdog

DECEMBER 16, 2021

As 2021 comes to an end, we look forward to what 2022 has in store.

Trademark 125

Trademark Branding Brands Branding 125

IPilogue

MARCH 23, 2022

It is expected that the majority of the work done by students will relate to patent or trademark law. Performing trademark searches. Application Process: Deadline: Wednesday, April 20, 2022. The remaining time would be spent working on other IP-related and start-up business related needs as they arise.

IP 129

IP Patent Prosecution Intellectual Property Inventor 129

IP Watchdog

JANUARY 9, 2023

Last week, the United States Patent and Trademark Office (USPTO) announced that it is seeking comments from the public on the draft of the organization’s 2022-2026 Strategic Plan. According to a press release, the plan sets five goals for the organization: Spur U.S.

IP 125

IP Trademark Patent Invention 125

Erik K Pelton

JANUARY 6, 2022

Summer is around the corner, which means we are seeking law student(s) for a paid IP/Trademark internship from May/June – July/August 2022. Applications will be accepted through January 24, 2022. Strong candidates will have coursework or other experience in the field of trademarks and intellectual property.

Intellectual Property 231

Intellectual Property Intellectual Property Law Trademark Registration 231

JD Supra Law

MARCH 5, 2025

On Friday, February 28, 2025, the United States Patent and Trademark Office (USPTO) announced the withdrawal of the June 2022 memorandum titled Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation, which had been issued by former USPTO Director Kathi Vidal.

Litigation 107

Litigation Trademark Patent 107

TorrentFreak

JANUARY 5, 2023

According to a 2022 lobbying disclosure report , RIAA lobbyists raised AI as an issue with the government. According to OpenSecrets data covering the period January 2022 to end September 2022, the RIAA appeared in 15 government lobbying reports with a total declared lobbying expenditure (covered by its associates) of almost $5.4

Government 145

Government Reporting Intellectual Property Copyright 145

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. Continuing into the first 8 months of 2022, there were over 180. Some studies indicate that it’s the fastest-growing sport in the United States.

Trademark 147

Trademark Editing Invention Business 147

IP Watchdog

MAY 18, 2022

In January 2022, StockX announced its plans to launch The Vault, which uses non-fungible tokens (NFTs) to allow buyers to track ownership of physical products resold on its e-market and warrant their authenticity, including Nike shoes. Nike, Inc. StockX LLC, 1:22-cv-00983-VEC.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Ownership Marketing 122

IP Watchdog

JULY 5, 2022

Starting August 6, 2022, the U.S. Patent and Trademark Office (USPTO) will require all trademark filers to verify their identities in order to file electronic trademark forms.

Trademark 120

Trademark Blogging Patent Government 120

Technology & Marketing Law Blog

MARCH 8, 2022

[Today, Betsy Rosenblatt, Rebecca Tushnet and I sent the following letter to Congress on behalf of 26 trademark academics (here’s a PDF version ). March 8, 2022. academics with expertise in trademark law. academics with expertise in trademark law. For bonus coverage, see my blog post on the INFORM Act.]. * * *.

Trademark 144

Trademark Trademark Law Law Blogging 144

The IPKat

JANUARY 27, 2022

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. The trademark depicts the shape of the Chanel No. 5 perfume bottle. T 862/19 ). This claim, too, was unsuccessful.

Trademark 138

Trademark Registration Marketing Marketing 138

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.

Trademark 52

Trademark Intellectual Property Branding Brands 52

Technology & Marketing Law Blog

JANUARY 3, 2023

2022 WL 16555584 (S.D.N.Y. 31, 2022): When an individual’s decision to disseminate an Instagram post is the “very thing the article [is] reporting on,” the use of the Instagram post and its copyrighted material in the reporting has been deemed sufficiently transformative to support a fair use defense. 2022 WL 17430309 (9th Cir.

Copyright 111

Copyright Social Media Copyright Infringement Publishing 111

Kluwer Copyright Blog

OCTOBER 3, 2022

Welcome to the third trimester of the 2022 round up of EU copyright law! On 8 September 2022, the CJEU issued its judgment in RTL Television. On 22 September 2022, the AG Szpunar issued his opinion in the AKM case on the interpretation of communication to the public by a satellite. Photo by Markus Spiske on Unsplash.

Copyright Law 119

Copyright Law Copyright Law Music 119

SpicyIP

OCTOBER 17, 2024

The Himachal Pradesh High Court seems to be the latest addition to the list of Courts with a separate IPR Division, as it has notified its Intellectual Property Rights Division Rules, 2022. His previous posts can be accessed here. ] Turns out that the Rules have been out for a while now and were notified on July 8, 2024.

Intellectual Property 101

Intellectual Property IP Government Trademark 101

Technology & Marketing Law Blog

DECEMBER 27, 2022

30, 2022): Tofurky prevails on the merits of its argument that that [sic] the speech it not inherently misleading. 2022 WL 17248983 (9th Cir. Parker, 2022 WL 17403220 (D.D.C. In re Meta Pixel Healthcare Litigation, 2022 WL 17869218 (N.D. What If Holdings, 2022 WL 17869275 (N.D. 2022 WL 3012528 (C.D.

Privacy 116

Privacy Marketing Marketing Social Media 116

SpicyIP

MAY 18, 2022

Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse. In the US too, several companies are protecting their trademarks for similar goods and services. Feb 25, 2022. March 4, 2022. Feb 22, 2022.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

JD Supra Law

MARCH 25, 2024

The US Patent and Trademark Office (USPTO) and the Copyright Office have published the results of their joint study on non-fungible tokens (NFTs) and intellectual property (IP). The Report was created in response to a June 2022 request from Senators Patrick Leahy (D-VT) and Thom Tillis (R-N.C.) to undertake a study. By: AEON Law

Non-Fungible Tokens 125

Non-Fungible Tokens Publishing Trademark IP 125

SpicyIP

NOVEMBER 7, 2022

on 2 November, 2022 (Delhi High Court) . However, the patent on Apaxiban expired in September 2022 and via the present order, the court ruled that “ there can be no injunction on the manufactured stock lying with the Defendants, from being sold as on date. ”. vs Dr. Tajinder Bhatti on 2 November, 2022 (Delhi High Court) .

Patent Prosecution 111

Patent Prosecution Invention Journalism IP 111

Patently-O

JUNE 29, 2022

Coca-Cola holds the trademark rights in India, but not in the USA. 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 121

Trademark Trademark Law Branding Brands 121

Patently-O

APRIL 14, 2022

In a recent filing, Brooklyn Brewery (Brewery) indicated plans to take its trademark opposition/cancellation case to the US Supreme Court. Brew Shop , but the question before the Supreme Court focuses on Brewery’s opposition to Brew Shop’s multi-class trademark registration application. by Dennis Crouch.

Trademark 128

Trademark Registration Marketing Marketing 128

IPilogue

AUGUST 10, 2022

On June 21, 2022, the U.S. Patent and Trademark Office (“USPTO”) granted The Ohio State University trademark protection for the most common English word : “THE”. However, the fashion house Marc Jacobs has a pending trademark application for an identical “THE” mark.

Trademark 111

Trademark Registration Marketing Marketing 111

Patently-O

OCTOBER 3, 2021

This is apparently the same process used in other recent trademark civil actions. I expect final briefing in February 2022 and a decision later in the spring. = = =. Booking.com B.V. Matal , 278 F. 3d 891, 900 (E.D. ”); Seacret Spa Intl. Iconic Timberland Boots — Trade Dress Worthy?

Trademark 132

Trademark Registration Advertising Advertising 132

The TTABlog

JANUARY 9, 2023

90033810 (January 6, 2022) [not precedential] (Opinion by Judge Christen M. As it recently explained in the "F**K" case: [T]he Trademark Act does not specifically articulate “failure to function” in haec verba as a ground for refusal of a proposed mark. In re Kirill’s Big Brain, LLC , Serial No. 15 U.S.C. §§ 1051, 1127.

Trademark 140

Trademark Social Media Registration Copying 140

JD Supra Law

MARCH 31, 2025

In less than a month, the United States Patent and Trademark Office (USPTO) has dramatically reformed its policies and procedures for exercising its discretion to deny institution of AIA post-grant proceedings.

Litigation 66

Litigation Trademark Patent Law 66