LexBlog IP

APRIL 27, 2023

We are just a few months into 2023, but we are already seeing a number of proposed changes to Chinese Trademark Law. Overall Theme and Key Takeaway It should be noted that this will be the 5 th round of major amendments to the China Trademark Law since it was first adopted in 1982.

Trademark Law 52

Trademark Law Law Trademark Intellectual Property 52

IIPRD

OCTOBER 14, 2022

Since FinTech is a dynamic concept and originated from the intellectual labour of its creator, the chief question running in the minds of stakeholders is “How to protect their work from copying”? To solve this problem, various countries have inducted its shielding in their national Intellectual Property Rights [“IPR”] policies.

Intellectual Property 52

Intellectual Property Confidentiality Copyright Technology 52

LexBlog IP

FEBRUARY 16, 2024

trademark registration for your trademark on goods or services for your business. Can your trademark registration be cancelled with the U.S. Patent and Trademark Office based on it being invalid? Can you file anything to strengthen your trademark registration against invalidation?

Registration 52

Registration Trademark Ownership Trademark Law 52

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] 2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks.

Registration 81

Registration Trademark Trademark Law Law 81

IP and Legal Filings

JANUARY 11, 2024

Trademarks are traditionally considered to be connected with visual elements that include logos, brand names, as well as packaging however, the field of trademarks has widened and it includes non-traditional marks, such as smells, sounds, colors etc. The difficulty of graphical representation is a big barrier.

Trademark 93

Trademark Intellectual Property Branding Brands 93

The IPKat

MAY 30, 2023

Belgian waffle Kat The IPKat is pleased to inform readers that the 'GRUR meets Brussels' conference is returning on 13 June 2023 and IPKat readers are entitled to receive a 30% discount in the registration fee. To claim the discount, readers should email Sandra von Lingen ( s.vonlingen@grur.org ) and use "IPKAT" in the subject-line.

Intellectual Property 67

Intellectual Property Intellectual Property Law Designs Design 67

Erik K Pelton

MAY 28, 2024

trademark registrations and have been involved in dozens of disputes before the Trademark Trial and Appeal Board (“TTAB”). In addition to representing myriad small business trademark owners, EMP&A itself is a small business and the owner of more than a dozen U.S. trademark registrations.

Registration 147

Registration Trademark Business Reporting 147

IP and Legal Filings

MARCH 19, 2024

ABSTTRACT The constraints placed on trademark registration, particularly concerning common English words by recent judicial review by Justice C. INTRODUCTION For consumer identification and brand protection a crucial mechanism is important which is served by trade mark law. v] Case study Institute of Directors v. yahoo india!

Branding 52

Branding Brands Branding Intellectual Property 52

IP and Legal Filings

MARCH 28, 2024

Introduction The year 2023 was a high for Indian cinema- with the love of the country for the big screen soaring high with box office numbers. These registrations aid in allocating precedence. The problems arises that mere registration is not enough to grant legal protection, which is why the copyright becomes a necessity.

Cinema 83

Cinema Copyright Blogging Registration 83

LexBlog IP

MARCH 10, 2023

Section 2(c) prohibits registration of any mark that consists of “a name, portrait, or signature identifying a particular living individual except by his written consent.” Respondent’s deadline to file a response is March 29, 2023.

Registration 52

Registration Trademark Law Trademark Government 52

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

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

JANUARY 9, 2024

In a recent decision, the United States Court of Appeals for the Federal Circuit affirmed the decision of the Trademark Trial and Appeal Board (“Board”) to deny registration of “EVERYBODY VS RACISM” because the “public is unlikely to associate the mark. 2022-1961, 2023 U.S. In re GO & Assocs.,

Trademark 52

Trademark Trademark Law Registration Licensing 52

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

LexBlog IP

MARCH 9, 2023

For creators and sellers of NFTs: The crux of trademark law is to protect consumers from confusion about the source and affiliations of products and services so they can make informed decisions. 22-cv-384 (JSR), 2023 U.S. 2, 2023) (citation omitted).) Ownership of trademark rights is not contingent on a registration.

Litigation 52

Litigation Artistic Work Branding Brands 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.

Government 147

Government Business Trademark Blogging 147

SpicyIP

MAY 3, 2023

Image from here Readers may remember the recent guest post that highlighted the Trademark Registry’s notices deeming 98000 and 82000 trademark applications as abandoned. These notices were challenged before the Delhi High Court in Intellectual Property Attorneys Association (IPAA) & Anr. Via order dt.

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Trademark Reporting Contracts Registration 77

SpicyIP

FEBRUARY 13, 2023

Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision. Delhi High Court Imposes Costs worth INR 2 Cr. on Triveni Interchem Pvt.

Designs 52

Designs Design Trademark Cease and Desist 52

LexBlog IP

MAY 24, 2023

But although this phrase is used by many, two restaurant companies actually own TACO TUESDAY trademark registrations that they can assert as conclusive evidence of their exclusive rights to use the slogan and enforce those rights against anyone who tries to use the mark. Taco Bell is seeking to change that. ” 15 U.S.C. §

Trademark 40

Trademark Cease and Desist Registration Trademark Law 40

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets. .

IP 98

IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

JULY 10, 2023

The defendant below originally operated as a licensed distributor for these products, but later concluded that it held the rights to much of the plaintiff’s intellectual property, including the black and yellow marks on the products at issue. 600 U.S. __ (2023), No. 21-1043, (June 29, 2023) court forum.

Intellectual Property 40

Intellectual Property Trademark Trademark Law Law 40

IP Tech Blog

JULY 10, 2023

The defendant below originally operated as a licensed distributor for these products, but later concluded that it held the rights to much of the plaintiff’s intellectual property, including the black and yellow marks on the products at issue. 600 U.S. __ (2023), No. court forum. The case is Abitron Austria GmbH et al.

Trademark 40

Trademark Intellectual Property Trademark Law Law 40

Intepat

JULY 4, 2023

As of May 2023, it has been reported that India alone accounts for nearly 467 million YouTube users. The benefits of trademark registration allow the ‘Trademark holder’ to enjoy the following benefits – Protection of the channel name, preventing competitors from stealing or using a similar version of the YouTube channel name.

Trademark 52

Trademark Social Media Branding Brands 52

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

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 70

Trademark Artwork Social Media Trademark Law 70

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. VIP Products LLC. As we previously blogged , the issues presented in the care are: 1. We just think the Rogers test is the wrong way to approach these cases.

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. It has no sound basis in trademark law or, indeed, in the First Amendment. [I]f VIP Products LLC. As we previously blogged , the issues presented in the care are: 1.

Branding 52

Branding Brands Branding Trademark 52

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

Selvam & Selvam Blog

JULY 29, 2024

Double/Multiple Priority: Double or multiple priority refers to a situation in trademark law where an applicant claims priority from more than one earlier trademark application or registration in a single claim when filing a new application in another jurisdiction. For instance, ABC, Inc., For instance, ABC, Inc.,

Trademark 52

Trademark Designs Design Registration 52

SpicyIP

SEPTEMBER 8, 2023

Within weeks of its grant, Dabur raised concerns about the ex parte nature of the order, asserting that it had not been granted the due opportunity to present its opposing arguments since the initial hearing took place on August 7, and the order was issued on August 9, 2023, before they could respond.

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Registration Trademark Marketing Marketing 97

IIPRD

JUNE 8, 2024

Fundamentals concerning this trend’s effects on consumer perceptions, intellectual property rights, and brand integrity are brought up. Consequently, it is high time now that the fashion industry takes a proactive strategy to protect intellectual property rights. of total exports in 2020–2021 [3].

Intellectual Property 52

Intellectual Property Designs Design Branding 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

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