Technology & Marketing Law Blog

OCTOBER 5, 2023

Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net. ” That’s true.

Trademark 123

Trademark Fair Use Trademark Law Branding 123

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 26, 2023

Tam (2017), holding a portion of the nation’s statutory trademark law unconstitutional, Justice Alito wrote: “It is unlikely that more than a tiny fraction of the public has any idea what federal registration of a trademark means.” It certainly is not the way you “get” a trademark. It’s not legally required.

Trademark 60

Trademark Registration Trademark Law Business 60

The TTABlog

JANUARY 4, 2023

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., based cigar manufacturer that first obtained a COHIBA registration in 1981 and has sold COHIBA cigars in the U.S. General Cigar Co.,

Registration 75

Registration Trademark Law Trademark Branding 75

Intepat

JULY 4, 2023

As of May 2023, it has been reported that India alone accounts for nearly 467 million YouTube users. Given YouTube’s aforementioned popularity, protecting brands from unauthorized use or reproduction on the platform becomes essential. Find out more about how trademark helps to stand out in online platforms here.

Trademark 52

Trademark Social Media Branding Brands 52

LexBlog IP

MARCH 9, 2023

The highly anticipated jury verdict in the Hermès litigation over MetaBirkins NFTs has some important takeaways for both artists and sellers of NFTs as well as brand owners. Below are some takeaways for both artists and sellers of NFTs, as well as brand owners. 22-cv-384 (JSR), 2023 U.S. 2, 2023) (citation omitted).)

Litigation 52

Litigation Artistic Work Branding Brands 52

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. Eligibility Anyone interested in learning about the intersection between Law and Entrepreneurship with a specific focus on IPR are eligible.

Intellectual Property 99

Intellectual Property Technology IP Law 99

Garrigues Blog

OCTOBER 26, 2022

The European Union Intellectual Property Office (EUIPO) has issued its guidelines on the classification of goods and services relating to NFTs, establishing the bases to approach the legal challenges resulting from their registration and the scope of protection afforded to owners. The EUIPO’s guidelines as from 2023.

Non-Fungible Tokens 52

Non-Fungible Tokens Trademark Intellectual Property Art 52

LexBlog IP

APRIL 19, 2023

“Trade dress” is a subsection of trademark law and protects the design and shape of a product or its packaging, again to identify the source of the product. Sellers should mark uses of their trademarks with the “TM” or “®” symbol to inform the public of their trademark rights.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

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. What stands out here is that the Court granted an injunction in favour of the Plaintiff based on earlier registration without considering the non-use of the mark by them.

Designs 52

Designs Design Trademark Cease and Desist 52

The TTABlog

AUGUST 30, 2023

SS Vape Brands, Inc. 91255786 (August 28, 2023) [not precedential] (Opinion by Judge Marc A. If that were the case, having a famous mark would entitle the owner to a right in gross, and that is against the principles of trademark law." Welch 2023. Monster Energy Company v. Opposition No. TTABlogged here.

Designs 56

Designs Design Branding Brands 56

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

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

LexBlog IP

JULY 5, 2023

On June 29, 2023, the Supreme Court adopted a restrictive view of the extraterritorial application of the Lanham Act, holding that federal trademark law cannot support a claim for trademark infringement against solely foreign conduct. The case is Abitron Austria GmbH v. Hetronic International, Inc.

Trademark 52

Trademark Marketing Marketing Contracts 52

LexBlog IP

MARCH 28, 2023

On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. Now, as a practical matter, parodies won’t confuse when differences in marks, markets, or message, typically ridicule, signal that the brand company didn’t make the joke. VIP Products LLC. I had a dog.

Branding 52

Branding Brands Branding Trademark 52

LexBlog IP

MARCH 28, 2023

On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. Now, as a practical matter, parodies won’t confuse when differences in marks, markets, or message, typically ridicule, signal that the brand company didn’t make the joke. I had a dog.

Branding 52

Branding Brands Branding Trademark 52

IIPRD

OCTOBER 14, 2022

It is overwhelming that the value of FinTech transactions is projected to increase from $66 billion in 2019 to US$138 billion in 2023 with a current rate of 20% compound annual growth. Concerning infringement, a trademark is abused when a person adopts a corporation’s domain name without authorization. EZY Services and Others”.

Intellectual Property 52

Intellectual Property Confidentiality Copyright Technology 52

The TTABlog

NOVEMBER 6, 2023

The Board granted a petition for cancellation of a registration for the mark CS for "amplifiers," finding that Petitioner Adamson Systems proved by a preponderance of the evidence that Respondent Peavey Electronics had discontinued use of the CS mark on amplifiers, with intent not to resume use. Adamson Systems Engineering, Inc.

Registration 58

Registration Branding Brands Branding 58

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

Technology & Marketing Law Blog

DECEMBER 11, 2023

2023), I already had my red grading pen out. The low grade the court earned is a consequence of it losing many points by misstating the law, misapplying the law, and especially skipping over the part where it was supposed to share its analysis and instead just stated its conclusion. MSCHF has frequently targeted major brands.

Blogging 114

Blogging Trademark Branding Brands 114

SpicyIP

JANUARY 23, 2023

on 12 January, 2023 (Delhi High Court) Division bench of Delhi High Court dismissed an appeal against an interim injunction order by the Single judge bench. on 12 January, 2023 (Delhi High Court) Delhi High Court accepted the appeal and directed the CGPDTM to consider the matter afresh and pass a reasoned order.

Designs 101

Designs Design Invention Registration 101

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

IP 112

IP Copyright Trademark Intellectual Property 112

The IPKat

APRIL 17, 2024

Among these, the Danish case of Artpusher Gallery ApS vs. Coop Danmark A/S in BS-30388/2023-SHR stands out as what the artist known as Love Party / Artpusher might have perceived as a modern tale of David and Goliath. A critical question was whether Artpusher's actions necessitated an injunction due to infringement of Irma's rights.

Trademark 72

Trademark Artwork Social Media Trademark Law 72

SpicyIP

DECEMBER 12, 2023

Image from here The High Court of Delhi, by its interim ex-parte order dated 21 November 2023 , granted the prayer of ‘makemytrip’ and issued interim injunction against the mark ‘dialmytrip’. Jacob Jacoby in his article, “The Psychological Foundations of Trademark Law: Secondary Meaning, Generism, Fame, Confusion, Dilution.”

Trademark 59

Trademark Branding Brands Branding 59

SpicyIP

APRIL 30, 2023

Case Summaries Delhi District Court (Tis Hazari) restrains ZLib.Org from making available 10 law books for download and imposes costs of INR 2.50 on 19 April, 2023 (Delhi District Court) image from here. Delhi High Court dismisses a rectification petition against the registration granted to “Burger King.” Zlib.Org And Ors.

Confidentiality 89

Confidentiality Trademark Copyright Patent 89

LexBlog IP

JUNE 21, 2023

Of course, each use stems from the shorter phrase “make your mark,” embodying the mere notion of the archer hitting the target , or maybe even the less educated simply indicating agreement with an initial, an X, or a cross , or at times a craftsman adding “ a maker’s mark—essentially personal branding.”

Registration 52

Registration Trademark Law Trademark Law 52

Technology & Marketing Law Blog

NOVEMBER 27, 2023

The United States Patent and Trademark Office (USPTO) refused registration of “Trump Too Small” under Section 2(c) of the Lanham Act ( 15 USC 1052(c) ) because the phrase includes a living individual’s name without his written consent. VIP Products (2023) opinion and its other trademark cases. Tam (2017) and Iancu v.

Registration 75

Registration Trademark Blogging Law 75

IIPRD

JUNE 8, 2024

Fundamentals concerning this trend’s effects on consumer perceptions, intellectual property rights, and brand integrity are brought up. Although they provide more affordable options, knockoffs and counterfeiting present a problem for luxury brands and designers who want to safeguard their creative investments.

Intellectual Property 52

Intellectual Property Designs Design Branding 52

Technology & Marketing Law Blog

JUNE 21, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.

Trademark 101

Trademark Blogging Trademark Law Fair Use 101