IP and Legal Filings

MAY 17, 2024

There are no separate legal provisions for these rights and they have been included under the existing Intellectual Property laws. The concept of passing off under trademarks law was used to provide relief to the plaintiff. It is a common tort law aspect and can be used for unregistered trademarks.

Personality Rights 97

Personality Rights Intellectual Property Social Media Intellectual Property Law 97

IIPRD

JANUARY 7, 2025

One of the main areas of intellectual property law development is the link between artificial intelligence and intellectual property rights (IPRs). Growing AI-related business activity, early case law, and legislative and international policy activities are making it more and more relevant in practice.

IP 98

IP Intellectual Property Invention Inventor 98

The IPKat

DECEMBER 23, 2023

As a plant intellectual property nerd , this Kat was delighted to get her hands on the new book Intellectual Property and the Design of Nature (Oxford University Press, 2023), edited by Jose Bellido and Brad Sherman. yet this relationship has received very little attention.

Intellectual Property 75

Intellectual Property Design Designs Intellectual Property Law 75

Patently-O

OCTOBER 4, 2023

I always enjoy the opportunity to connect with old friends and meet new people who are ready to dig into the details of intellectual property law. This year we’re limiting the focus to patent law & trademark law. Let me know if you want to meet up.

Intellectual Property Law 49

Intellectual Property Law Intellectual Property IP Trademark Law 49

Kluwer Copyright Blog

MARCH 1, 2023

In a twist, however, it is not copyright law, but rather an expansive view of trademark law, that poses this threat. From Jack Daniels Properties, Inc. Supreme Court, Brief for Petitioner (11 January 2023), page 3, available here. In a recent case before the U.S. Supreme Court, Jack Daniels v. 22-148, U.S.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 52

IP and Legal Filings

FEBRUARY 20, 2024

Despite the judiciary’s efforts to address the concerns under current intellectual property laws like copyright and trademark, the absence of relevant and specific provisions for the protection of personality rights has started to pose a serious threat. What the Right of Publicity Can Learn from Trademark Law.

Personality Rights 92

Personality Rights Privacy Social Media Intellectual Property 92

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.

Government 147

Government Business Trademark Blogging 147

SpicyIP

JANUARY 20, 2024

The status of IP teaching and research was dire in many countries in the 1980s, suggested the participants in the ATRIP’s Regional Symposium on Intellectual Property Law Teaching and Research in Asia and the Pacific , held at Peking University, Beijing, in November 1987. Out of those limited numbers, even fewer taught.

Government 112

Government IP Intellectual Property Reporting 112

IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] Notwithstanding the essence of this finding, this is too narrow an interpretation of the true spirit of trademark law. 18] Deere & Company v.

Registration 98

Registration Trademark Trademark Law Law 98

IIPRD

JUNE 9, 2024

Ruling in favor of Hermès, Mason Rothschild was held accountable for trademark infringement, dilution, and cybersquatting on all three counts by a federal jury in Manhattan on February 8, 2023. The jury gave Hermès a damages award of almost $133,000.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Trademark Design 59

The TTABlog

DECEMBER 19, 2024

6) issue of the Trademark Reporter is devoted to artificial intelligence and its impact on trademark and related intellectual property law. The author posits that trademarks will take a lesser role in product selection, perhaps even becoming superfluous. The November-December 2024 (Vol. pdf here ].

Reporting 45

Reporting Trademark Intellectual Property Ownership 45

Garrigues Blog

OCTOBER 22, 2024

Protecting fictional characters under intellectual property law is crucial given the economic and cultural value they can acquire. An example of this is the trademark “Pierre Cadault”, which monopolizes the name of the main character in Emily in Paris and was contested on the grounds of bad faith.

Trademark 52

Trademark Registration Intellectual Property Social Media 52

LexBlog IP

APRIL 17, 2023

trademark law, allowing U.S. trademark protection to serve as a springboard for regulating foreign conduct that is unlikely to affect consumer perceptions in the United States and, thus, warrants review. The Solicitor General concluded that the Tenth Circuit’s decision risks globalizing U.S. citizenship.

Trademark 52

Trademark Intellectual Property Law Intellectual Property Law 52

LexBlog IP

APRIL 12, 2023

.” But our problem often is that the law, or lawyers, frequently use unfamiliar or exotic terms that others claim have no more understood meaning than a reference to a “ vermicious kind ,” and those or other lawyers may overuse a word that they do not seem to actually comprehend. One is the case of Abitron Austria GMBH v.

Law 52

Law IP Intellectual Property Copyright 52

LexBlog IP

JUNE 21, 2023

§ 1052(c) on registering marks concerning a living person without permission; this case has the possibility of altering trademark law significantly and allowing current events to be treated similarly to historic events from a trademark perspective. 2294 (2019), and even Jack Daniel’s Properties, Inc.

Registration 52

Registration Trademark Law Trademark Law 52

LexBlog IP

FEBRUARY 1, 2023

” ( at 5 ) A group of former judges, government officials and scholars takes much the same position in a sixteen-page brief also filed January 18, 2023 , as does the American Apparel & Footwear Association in its seventeen-page brief. The outcome of the Supreme Court case of Jack Daniel’s Properties, Inc.

Trademark 52

Trademark Intellectual Property Branding Branding 52

Technology & Marketing Law Blog

MARCH 22, 2025

Since that time, Eric has invited me to write (or allowed me to write) other guest blog posts about cases involving potential conflicts between trademark laws and the right to freedom of expression. Elster , Technology & Marketing Law Blog (Nov. – Jack Daniel’s v. – Jack Daniel’s v.

Blogging 52

Blogging Marketing Marketing Technology 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 105

Trademark Blogging Trademark Law Fair Use 105