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. Read the opinion here.

Trademark 52

Trademark Marketing Marketing Contracts 52

IP and Legal Filings

MAY 8, 2024

Enterprises A proprietary concern at 155, Gurunanak Timber Market, Dhar Road, Indore (Madhya Pradesh) Brief Facts Plaintiffs are in business of manufacturing and distribution of wines, liquors and spirits. The plaintiffs have obtained registration in respect of their trademark in Class-33.

Trademark 52

Trademark Intellectual Property Branding Brands 52

The TTABlog

APRIL 17, 2024

April 15, 2024). Citing Wal-Mart , the court observed that trademark law does not protect "product designs that lack distinctive meaning as a source identifier." That same principle applies to trademark registration. Welch 2024. The district court had also found the configuration to be de jure functional.

Designs 60

Designs Design Advertising Advertising 60

IP and Legal Filings

FEBRUARY 7, 2023

According to a Bloomberg Intelligence report [2] , the worldwide revenue opportunity from the metaverse is predicted to hit $800 billion in 2024, up from the estimated $500 billion in revenue generated by the metaverse in 2020. The trademark registration safeguards the owner’s rights and establishes the business’s legal standing.

Trademark 87

Trademark Non-Fungible Tokens Branding Brands 87

SpicyIP

DECEMBER 12, 2023

The matter is listed before the court on 22 March 2024. But the facts pertaining to its market share indicate that the mark has achieved distinctiveness. 316 US 203] “the protection to trademark is the law’s recognition of the psychological functions of the symbols”.

Trademark 59

Trademark Branding Brands Branding 59

Technology & Marketing Law Blog

JUNE 27, 2024

By Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court held in Elster that Section 2(c) is consistent with the First Amendment, but the Justices disagree on how to evaluate the constitutionality of trademark restrictions In a unanimous opinion published on June 13, 2024, the US Supreme Court held in Vidal v.

Registration 95

Registration Blogging Trademark Law 95

SpicyIP

DECEMBER 30, 2023

Ujoy Technology and Toyota Jidosha Kabushiki Kaisha vs Tech Square Engineering Pvt Ltd [Delhi High Court] This year the concept of transborder reputation in trademark law saw two important interpretations from the Delhi High Court. Meticulous Market Research Pvt. First, in Toyota v. Nirtech Private Limited & Ors. ,

IP 124

IP Copyright Trademark Intellectual Property 124

IIPRD

JUNE 8, 2024

A thriving market for knockoffs has resulted from influencers’ endorsement of more reasonably priced alternatives to high-end products. However, the protection of fashion designs by trademark law is not perfected. The Designs Act offers protection for ten years upon registration, with the option of a five-year extension.

Intellectual Property 52

Intellectual Property Designs Design Branding 52

LexBlog IP

FEBRUARY 16, 2023

On January 13, the China National Intellectual Property Administration (CNIPA) circulated a draft amendment to the PRC Trademark Law for public comment (“TML Draft Amendment”). The CNIPA Draft Amendment is comprised of a total of 101 articles in 10 chapters (as opposed to 73 articles in 8 chapters in the current law).

Trademark Law 40

Trademark Law Trademark Law Registering Trademarks 40

Patently-O

DECEMBER 12, 2021

. § 1052(c) provides, in pertinent part, that the PTO must deny federal registration to a trademark if it “[c]onsists of or comprises a name, portrait, or signature identifying a particular individual except by his written consent….”

Registration 69

Registration Government Advertising Advertising 69