The Year in Trademark Law – 2022 Popular Reads on JD Supra
JD Supra Law
JANUARY 2, 2023
A quick look at some of the most widely read Trademark Law updates and commentary published on JD Supra throughout 2022. By: Beacon Insights by JD Supra
2022 Trademark Law Recap: NFTs, Distinct Branding, and the First Amendment
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.
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Top Trademark Trends of 2022
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. Trademark Scams. © 2022 Erik M.
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CALL FOR APPLICATIONS: IP Innovation Clinic Fellows (Summer 2022)
IPilogue
MARCH 23, 2022
The IP Innovation Clinic, the first student-based clinic of its kind in Canada, is seeking law students from Osgoode Hall Law School to provide assistance to under-resourced inventors, entrepreneurs and start-up companies with their innovation and commercialization activities. Application Process: Deadline: Wednesday, April 20, 2022.
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Outcomes of Prominent NFT Disputes in the U.S May Give Rise to New Interpretations of Canadian Trademark Law
IPilogue
JANUARY 26, 2023
With the rise of significant non-fungible token (“NFT”) trademark disputes taking place in the United States, Canada is looking towards the outcomes of those cases in order to interpret Canadian trademark law in relation to NFTs. Nike argues that StockX told consumers that tokens would be redeemable for physical shoes.
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Apple’s Dynamic Use of Trademark Law and Jamaica for its Dynamic Island Feature
IPilogue
OCTOBER 17, 2022
Specifically, section 44(d) of the Trademark Act of 1946 allows applicants to claim a priority filing date of a trademark if they file the application with the USPTO within six months of the first application in a foreign treaty country. By combining sections 1(b) intent to use the trademark in the U.S., It is not just Apple.
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Trademark Law Moves Online: “MetaBirkin” Updates
IPilogue
NOVEMBER 15, 2022
Does this count as an artistic expression protected under First Amendment rights of expression and speech, or is it a trademark infringement upon a beloved fashion icon? January 14 th , 2022 – Hermès files a complaint. February 9 th , 2022 – Rothschild files motion to dismiss the action. Brief Timeline of the Lawsuit.
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The Interplay between Religious Sensitiveness and Trademark Law in India
IP and Legal Filings
FEBRUARY 2, 2024
As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited. 2022, February 28). Difference Between Trademark and Service Mark. 1] Acharya, M.
CALL FOR APPLICATIONS: IP Innovation Clinic Fellows (2022/23 Academic Year)
IPilogue
AUGUST 25, 2022
The IP Innovation Clinic, the first student-based clinic of its kind in Canada, is seeking law students from Osgoode Hall Law School to assist under-resourced inventors, entrepreneurs and start-up companies with their innovation and commercialization activities. Performing trademark searches. student at Osgoode Hall Law School.
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2022 IP Outlook Report: The Developments Shaping Trademark Law
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. (..)
5 Landmark Trademark Infringement Cases of 2022
Intepat
DECEMBER 6, 2022
The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. There have been various landmark judgements which have not only highlighted cardinal principles of trademark law but have also given a nuanced understanding of how Courts interpret statutory trademark provisions.
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CNIPA Issues Significant Draft Amendment to the PRC Trademark Law
JD Supra Law
FEBRUARY 24, 2023
The China National Intellectual Property Administration (CNIPA) circulated a draft amendment to the PRC Trademark Law (TML Draft Amendment) for public comment on January 13, 2023. The current TML Draft Amendment was prepared by a CNIPA working group established in 2022. By: Perkins Coie
Canadian Trademark Law 2022: Year in Review
JD Supra Law
JANUARY 31, 2023
The proverbial brand owner’s guidebook became a little bigger in 2022. Developments in practice opened new avenues for securing and enforcing trademark rights over the past year, including an “accelerated” path to trademark registration and additional guidance for invalidating bad faith registrations. By: Smart & Biggar
Spanish trademark law reform
Olartemoure Blog
FEBRUARY 3, 2023
La entrada Spanish trademark law reform se publicó primero en OlarteMoure | Intellectual Property.
CNIPA Cracks Down on ‘Clout-Chasing’ Trademark Applications
IP Watchdog
APRIL 4, 2022
On February 14, 2022, the China National Intellectual Property Administration (CNIPA) issued a notice regarding “clout-chasing” trademark applications or registrations (the “Notice”). Eileen Gu, a skier who won three medals in the Beijing 2022 Winter Olympics).
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The Trademark Reporter's 2022 "Annual Review of U.S. Trademark Cases"
The TTABlog
MARCH 1, 2022
Both the courts and the Board clamped down on claims of rights in so-called nontraditional marks, thorough findings of genericness, functionality, and (the "original sin" of trademark law) failure-to function. Welch 2022. Read comments and post your comment here. Text Copyright John L.
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Trademark Insight - December 2022 - Current trademark law decisions from Germany, Alicante and Luxembourg
JD Supra Law
DECEMBER 22, 2022
Trademark Insight. With this format, we will be informing you at regular intervals about current trademark law decisions of German courts, the EUIPO and the European Union Courts. Each issue contains a subjective compilation of decisions that are interesting and/or relevant from our point of view. By: Hogan Lovells
Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v. Google
Technology & Marketing Law Blog
FEBRUARY 16, 2022
.” In other words, they sought to establish (using centuries-old chattel-based theft doctrines rather than trademark law) that a trademark owner has the unrestricted right to shut down anyone using their trademarks, even if no consumers are harmed. to see if it could find some soft spot in Georgia state law.
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Trademark law and LinkedIn resumes: watch out?
43(B)log
JULY 25, 2024
Venkateswaran allegedly worked as an independent contractor for Portkey from 2017 to 2022, during which Venkateswaran performed work in areas like “communications and public relations,” “management of social media platforms,” and “attending and representing in conferences.”
Solicitor General Recommends that Supreme Court Accept Review of Case Involving Extraterritorial Reach of U.S. Trademark Law
JD Supra Law
SEPTEMBER 29, 2022
In a May 2022 post, we noted that the Supreme Court called for the views of the Solicitor General on whether to accept review of Abitron Austria GmbH v. trademark law. trademark owner can recover damages for infringing sales outside the U.S. Hetronic International, Inc., The issue is whether a U.S. to non-U.S.
WIPIP 2022, Session 6 (TM)
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.
MarkIt to Market® - April 2022
JD Supra Law
APRIL 28, 2022
Thank you for reading the April 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. In this issue: - Watching the PotTM - NFT Suits May Blaze New Trail for Trademark Law - Managing IP Americas Awards Please see full Newsletter below for more. Drug Enforcement Administration's policies on cannabis.
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Solicitor General Recommends that Supreme Court Accept Review of Case Involving Extraterritorial Reach of U.S. Trademark Law
IP Intelligence
SEPTEMBER 29, 2022
In a May 2022 post , we noted that the Supreme Court called for the views of the Solicitor General on whether to accept review of Abitron Austria GmbH v. trademark law. trademark owner can recover damages for infringing sales outside the U.S. trademark law, allowing U.S. Hetronic International, Inc.,
Solicitor General Recommends that Supreme Court Accept Review of Case Involving Extraterritorial Reach of U.S. Trademark Law
LexBlog IP
SEPTEMBER 29, 2022
In a May 2022 post , we noted that the Supreme Court called for the views of the Solicitor General on whether to accept review of Abitron Austria GmbH v. trademark law. trademark owner can recover damages for infringing sales outside the U.S. trademark law, allowing U.S. trademark law, allowing U.S.
26 Trademark Academics Oppose the SHOP SAFE Act
Technology & Marketing Law Blog
MARCH 8, 2022
March 8, 2022. academics with expertise in trademark law. The SHOP SAFE Act represents one of the most significant proposed reforms of trademark law that Congress has contemplated in years, and it will likely reshape e-commerce in unwanted ways. For bonus coverage, see my blog post on the INFORM Act.]. * * *.
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Supreme Court Calls for Views of Solicitor General on Petition Involving International Reach of U.S. Trademark Law
IP Intelligence
MAY 2, 2022
trademark law worldwide to purely foreign sales.” [6]. 21, 2022) (emphasis in original). [4] 28, 2022). [5] 12, 2022). 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.
Short Musings on Tensions between Trademark Law and the Luxury Fashion Market
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.
Top Trademark Trends of 2021 (Meta TMA edition)
Erik K Pelton
DECEMBER 31, 2021
A shortened Office Action response time of 3 months (previously 6 months), with an extension available for a fee, effective December 1, 2022. Two new ex parte proceedings to allow for potential cancellation of trademarks not properly used in commerce. Trademark filings related to non-fungible tokens (NFTs) exploded in 2021.
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WIPO General Assembly moves to diplomatic conferences on designs and traditional knowledge associated with genetic resources
The IPKat
JULY 22, 2022
On 21 July 2022, Member States of the World Intellectual Property Organization (WIPO) approved the convening of diplomatic conferences on designs and genetic resources, no later than 2024. Credit: “Delegates at the Opening of the WIPO Assemblies 2022” by Emmanuel Berrod is available via WIPO | OMPI on Flickr. Copyright: WIPO.
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Supreme Court Calls for Views of Solicitor General on Petition Involving International Reach of U.S. Trademark Law
LexBlog IP
MAY 2, 2022
trademark law worldwide to purely foreign sales.” [6]. 21, 2022) (emphasis in original). [4] 28, 2022). [5] 12, 2022). 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.
EMP&A comments on Trade Regulation Rule on Impersonation of Government and Businesses
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. February 20, 2022. 11, 2022). [2]
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IP as a political instrument in Russia
The IPKat
SEPTEMBER 15, 2022
In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. Thus, in April 2022, deciding on a case brought by a U.S. SURPRISE!”,
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Trademarks, Territoriality, and Migration
Patently-O
JUNE 29, 2022
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. law that trademark rights in the US require that the mark be used in the US.
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Supreme People’s Court of China issues first comprehensively revised judicial interpretation of anti-unfair competition law since 2007
The IPKat
APRIL 5, 2022
On 16 March 2022, the Supreme People’s Court of China (SPC) issued the Judicial Interpretation by the SPC on Several Issues Concerning the Application of the Anti-Unfair Competition Law (AUCL; see the translation by WIPO Lex here ) of China (JI 2022; full context here in Chinese), which took effect on 20 March 2022.
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Recommended Reading: Prof. Robert A. Mikos, "Unauthorized and Unwise: The Lawful Use Requirement in Trademark Law"
The TTABlog
MARCH 7, 2022
Mikos takes the USPTO to task in his recent Vanderbilt Law Review article, "Unauthorized and Unwise: The Lawful Use Requirement in Trademark Law" (pdf here ). He charges that "[i]n demanding compliance with sundry nontrademark laws, the PTO has lost sight of the statute it is supposed to administer." Welch 2022.
Next on the chopping block? Mikos attacks the PTO's lawful use requirement
43(B)log
FEBRUARY 24, 2022
Mikos, Unauthorized and Unwise: The Lawful Use Requirement in Trademark Law, 75 Vanderbilt Law Review 161 (2022) Abstract: For decades, the United States Patent and Trademark Office (“PTO”) has required trademark owners to comply with sundry nontrademark laws governing the sale of their trademarked goods and services.
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Fish Attorneys Recognized in 2022 edition of The Best Lawyers in America
Fish & Richardson Trademark & Copyright Thoughts
AUGUST 19, 2021
Best Lawyers recently announced that 92 Fish & Richardson lawyers were selected for inclusion in The Best Lawyers in America © 2022. 2022 “Ones to Watch:”. 2022 “Best Lawyers in America:”. Cynthia Johnson Walden , Lawyer of the Year: Trademark Law, Boston. Kelly Allenspach del Dotto. Chakkalakal. Tony Nguyen.
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In Memoriam: Ronald J. Lehrman (1932-2022)
The IPKat
FEBRUARY 11, 2022
it has become a preeminent firm in the trademark world. An honors graduate of Dartmouth College, and of Harvard Law School, he married a profound understanding of trademark law with a keen practitioner's eye for the needs of his clients and the disarming charm of his charismatic personality.
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New Trademark Laws For Québec – What You Need To Know
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.
Grana Padano: PDO and collective mark protections can be cumulative in the EU (R 1073/2022-5)
The IPKat
NOVEMBER 28, 2023
The Board observed that it is an established general principle of EU trademark law is that deceptiveness of a mark must be assessed on the basis of the public's perception when they come into contact with such mark - e.g. at the time of purchase.
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Approach to Non-Conventional Trade Marks in India and in the UK
IP and Legal Filings
JULY 13, 2024
However, with the recent amendments of the Trademark Act 1994 and in particularly following the EU Trademarks Directive in 2017 the requirement of a graphical representation of the trademark was removed, which expanded the recognition of trademarks in the UK jurisdiction.
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Gucci or CUGGL? The Japan Patent Office dismisses trademark infringement claims by Gucci
IPilogue
OCTOBER 21, 2022
Gucci cited Article 4(1)(vii), (xv), and (xix) of the Japan trademark law in support of their claim. As of July 12, 2022, the JPO found that the two brands were distinct and dismissed Gucci’s claim. Fast forward a few months, on July 26, 2021, Gucci filed an opposition against the “CUGGL” mark with the JPO.
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Trademark Dilution: Understanding, Forms, And Legal Implications Under The Trademarks Act Of 1999
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. What is Trademark Dilution?
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Free Webinar, March 10th, Noon-1PM: What Non-US Practitioners Need to Know About US Trademark Law and the Recent Trademark Modernization Act ("TMA")
The TTABlog
MARCH 2, 2022
Slade and yours truly, The TTABlogger , will present a webinar entitled "What Non-US Practitioners Need to Know About US Trademark Law and the Recent Trademark Modernization Act ("TMA")," on March 10th from Noon to 1 PM EST , sponsored by Wolf, Greenfield & Sacks, P.C. Welch 2022. Admission" is free. Register here.
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