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 Trademark Law 
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. Celebrity trademark messes. Queen of Christmas.
Trademark 
130
130 Join 9,000+
Insiders
Sign Up for our Newsletter
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Trending Sources
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.
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.
Trademark Law 115
115 
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.
Trademark Law 105
105 
The Interplay between Religious Sensitiveness and Trademark Law in India
IP and Legal Filings
FEBRUARY 2, 2024
However, what would happen if business houses wanted to trademark the name of the god they worshipped? 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.
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.
Trademark 98
98 
CALL FOR APPLICATIONS: IP Innovation Clinic Fellows (Summer 2022)
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. Qualifications: an interest in IP law, technology and commercialization issues. you must be a 1L, 2L or 3L student at Osgoode Hall Law School.
IP 129
129 
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”). Similar bad-faith trademark applications have not been uncommon throughout CNIPA’s history.
Trademark 111
111 
26 Trademark Academics Oppose the SHOP SAFE Act
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.
Trademark 144
144 
Top Trademark Trends of 2021 (Meta TMA edition)
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
147 
Trademarks, Territoriality, and Migration
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
121 
The Trademark Reporter's 2022 "Annual Review of U.S. Trademark Cases"
The TTABlog
MARCH 1, 2022
The Trademark Reporter has published its latest Annual Review of U.S. Trademark Cases: " The Seventy-Fourth Year of Administration of the Lanham Act of 1946 ," by Theodore H. Welch 2022. and yours truly, John L. download pdf here ]. Read comments and post your comment here. Text Copyright John L.
Reporting 73
73 
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.
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
Chanel is reminded: trademark territoriality still matters
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
138 
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.
IP 105
105 
Spanish trademark law reform
Olartemoure Blog
FEBRUARY 3, 2023
La entrada Spanish trademark law reform se publicó primero en OlarteMoure | Intellectual Property.
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
Trademark Dilution: Understanding, Forms, And Legal Implications Under The Trademarks Act Of 1999
IP and Legal Filings
OCTOBER 28, 2023
Introduction The Trademarks Act of 1999 introduced trademark dilution. The use of trademarks helps a company set itself apart from its rivals’ products and services. A feature of trademark law known as trademark dilution gives the brand owner exclusive rights to the mark, providing them a strong and recognisable trademark.
Trademark 98
98 
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
Trademarks and the Metaverse: Imaginary Rights or Real Wrongs?
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.
Trademark law and LinkedIn resumes: watch out?
43(B)log
JULY 25, 2024
Maybe companies can resurrect noncompetes by prohibiting uses of their trademarks in former employees’ resumes! Portkey sued for unfair competition/reverse passing off, false advertising, and trademark infringement under the Lanham Act, as well as related state-law claims. This is a joke, but that doesn’t mean it won’t happen.)
Trademark Battle Between Restaurant and Man Who Wants 1.5 Million Dollars
IPilogue
NOVEMBER 17, 2022
Alice Xie is an IPilogue Writer and a 1L JD Candidate at University of Western Ontario’s Faculty of Law. Can you file a trademark application for a restaurant and proceed to demand 1.5 The May 2022 Federal Court of Canada decision, Beijing Judian Restaurant Co. million dollars to sell that mark?
Trademark 111
111 
Gucci or CUGGL? The Japan Patent Office dismisses trademark infringement claims by Gucci
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). As of July 12, 2022, the JPO found that the two brands were distinct and dismissed Gucci’s claim.
Trademark 104
104 
Scent As A Signature: Examining the Role Of Smell In Trademark Recognition
IP and Legal Filings
JANUARY 11, 2024
INTRODUCTION Trademarks are vital part of modern day commerce because they act as distinctive and unique symbols that enable consumers to recognise and distinguish goods and services offered by different providers. Image Sources: Shutterstock] The primary legislative basis for smell trademark regulation in the US is the Lanham Act.
Trademark 105
105 
Trademark Infringement in the Digital Age
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. Trademark violation raises significant issues. Cybersquatting is another type of trademark infringement.
Trademark 98
98 
If the Word “Emoji” is a Protectable Trademark, What Happens Next?–Emoji GmbH v. Schedule A Defendants
Technology & Marketing Law Blog
OCTOBER 17, 2022
GmbH has registered trademarks in the dictionary word “Emoji.” As I previously documented , Emojico has likely sued about 10,000 defendants for trademark infringement. The trademark registrations discourage that outcome. TRADEMARK INFRINGEMENT. ]. The court says it.
Trademark 124
124 
EMP&A comments on Trade Regulation Rule on Impersonation of Government and Businesses
Erik K Pelton
MARCH 11, 2022
In our continuing effort to combat trademark scams and raise awareness of this important issue, we have recently submitted comments to the FTC. Because there are many types of fraud and government impersonation, only a handful of other commenters mentioned trademark issues. ” More than 100 comments were submitted. .”
Government 147
147 
The “Bombay Frankie” Confirms That First Mover’s Advantage Remains Without Enforceable Trademark Rights
IPilogue
MARCH 20, 2023
Anita Gogia is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On November 2, 2022, the Ontario Superior Court of Justice ruled that goodwill does not exist when the registered trademark has not been used. The motion court first hearing the case misapplied the fundamental principles of trademark law.
Trademark 105
105 
Who’s Laughing Now? EUIPO Board of Appeal Rules that Banksy Can Keep his Trademark and Anonymity Too
IPilogue
FEBRUARY 16, 2023
Rosie Giannone is a 1L JD Candidate at Osgoode Hall Law School. 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. street artist Banksy.
Trademark 105
105 
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 owner otherwise would have made. trademark law, allowing U.S.
Trademarks And the Metaverse
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 98
98 
China: Recycled Packaging and Trademark Infringement, a Questionable Decision in the Tsingtao Beer Case
IP Tech Blog
AUGUST 17, 2022
Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. Is this however a case of trademark infringement? Trademark or Unfair Competition? And, why is this important?
Trademark 104
104 
Short Musings on Tensions between Trademark Law and the Luxury Fashion Market
JIPEL Copyright Blog
DECEMBER 15, 2021
Trademark litigation in the fashion world is not a novel concept. For decades, Adidas has been engaging in a long list of trademark infringement cases in the US and across the world. Traditionally, trademarks and trade dress have been used to communicate price and quality information to a consumer about the goods they are purchasing.
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.
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 owner otherwise would have made. trademark law, allowing U.S.
Can Braille Be Registered As a Trademark?
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’ ?
Trademark 98
98 
Trademarking Numbers: Understanding The Numeral Trend
IP and Legal Filings
JUNE 26, 2023
However, the extent of protection and applicable principles of trademark law that surround the numeral trademark takes center stage in the discussion. Additionally, various judgements by courts have provided no straight jurisprudence regarding protection of numeral trademarks. However, protection to numbers have differed.
Trademark 96
96 
Revaluating the Sweeping Brushstrokes of Protection for Black-and-White Trademarks in India
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.
Trademark 105
105 
Supreme Court Calls for Views of Solicitor General on Petition Involving International Reach of U.S. Trademark Law
IP Intelligence
MAY 2, 2022
In Abitron , the Court of Appeals for the Tenth Circuit allowed the plaintiff trademark owner to recover damages not only for the defendants’ sales of infringing products in the U.S., trademark law worldwide to purely foreign sales.” [6]. 21, 2022) (emphasis in original). [4] 28, 2022). [5] 12, 2022).
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.
Design 119
119 
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. These provisions were further transferred into the Civil Code in 2006.
IP 133
133 
Finding the Real “Burger King”: Identical Marks & Prior Use in the Pune Eatery Case
SpicyIP
MARCH 14, 2025
While burgers in the trademark case Burger King Co. Although the Pune commercial court held that Burger King US miserably failed to prove that the local eatery had committed trademark infringement, the Bombay High Court stayed this order and restrained the latter from using the trademark Burger King. Who doesnt love burgers?
Trademark 63
63 
Let's personalize your content