Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

SpicyIP

MAY 30, 2024

from seeking rectification of FCB Garment Tex’s “IVANS” trademark. Inter alia, Vans Inc backed its arguments for rectification with its recent recognition as a well known trademark. Surabhi is a recent graduate from Hidayatullah National Law University, Raipur. Her previous posts can be found here.

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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. This article explores real world examples, international perspectives and aims to provide comprehensive understanding of the complexities surrounding trademark restriction.

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IP and Legal Filings

MAY 8, 2024

Introduction The labyrinthine world of trademark disputes often unveils intricate legal debates and subtle nuances, where the discerning eye of the judiciary must navigate through layers of visual, phonetic, and structural intricacies. The plaintiffs have obtained registration in respect of their trademark in Class-33.

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The TTABlog

MAY 28, 2024

The CAFC affirmed the Board's dismissal of two petitions for cancellation on the ground of lack of entitlement to a statutory cause of action under Section 1064 of the Trademark Act. May 23, 2024) [Precedential]. registrations are cancelled, not marks - ed. ]. Luca McDermott Catena Trust v. Fructuoso-Hobbs SL , Appeal No.

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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.

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LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”).

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Reporting Non-Fungible Tokens IP Intellectual Property 52

SpicyIP

JANUARY 31, 2024

Plus, it tries to outline possibilities based on information available from the Trademark Registry, media sources, and the court order. While the “misleading the public” claim hints at perhaps a trademark infringement and/or passing off claim, the order doesn’t clarify what rights are allegedly infringed. E.g., see here and here.

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The TTABlog

JUNE 30, 2023

Yes] Finding Third-Party Registration Evidence Insufficient to Weaken Cited Mark, TTAB Affirms Section 2(d) Refusal of IMAGINE for Early Childhood instruction TTAB Renders Split Decision in "ELECTRIC LAST MILE SOLUTIONS" Section 2(d) Appeal Precedential No. 16: TTAB Finds Guitar Shape for Hotel to be Inherently Distinctive Precedential No.

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Ownership Registration Designs Design 56

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. commerce, meaning that profits lost to trademark infringers abroad cannot be recovered in U.S.

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SpicyIP

FEBRUARY 21, 2024

Recently, the Delhi High Court referred 3 questions regarding the jurisdiction of a High Court to hear trademark rectification applications, to a larger bench. Kevin is a second-year law student at NLSIU Bangalore. The High Court having territorial jurisdiction over the appropriate office of the trademark registry.

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The TTABlog

FEBRUARY 6, 2024

In his article, "Queer Trademarks," Michael P. Goodyear, Acting Assistant Professor at New York University School of Law and Fellow at the Engelberg Center on Innovation Law Policy, provides an enlightening analysis of the impact of Matal v. Brunetti on the registration of trademarks that refer to LGBTQ+ persons.

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Trademark Registration Trademark Law Law 67

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. By deterring rip offs, trademarks safeguard a company’s identity and the repute of its brand(s), especially in the Metaverse.

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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.

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Patently-O

JANUARY 26, 2024

by Dennis Crouch The Federal Circuit has just reissued this important trademark decision as precedential. Although registration was refused, the opinion explains that there is no per se prohibition on registering marks containing informational content as long as the mark also serves to identify a single commercial source.

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SpicyIP

DECEMBER 12, 2023

The matter is listed before the court on 22 March 2024. The statutory threshold for proving trademark dilution is pegged higher when compared to trademark infringement and passing off. The statutory threshold for proving trademark dilution is pegged higher when compared to trademark infringement and passing off.

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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.

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The TTABlog

JULY 2, 2024

11: TTAB Upholds 2(a) False Connection Refusal of LEATHERNECKS for Motorcycle Club Membership Section 2(c) - Consent of Living Individual Supreme Court Upholds Constitutionality of the Trademark Act’s “Names Clause” in Affirming Refusal to Register TRUMP TOO SMALL Section 2(d) - Likelihood of Confusion: TTABlog Test: Is HOLLYWOOD COFFEE CO.

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SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Tech Square which was passed against a cancellation petition filed by Toyota against the registration of “Alphard” by Tech Square. First, in Toyota v.

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IIPRD

JUNE 8, 2024

Intellectual property rights protection to the fashion industry Trademark Act: Trademark Act plays a significant role in preserving a brand’s legitimacy and integrity, which is advantageous for the industry. However, the protection of fashion designs by trademark law is not perfected.

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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”). It includes the addition of 23 new articles, as well as organizational or substantive revisions to 51 articles of the current Trademark Law.

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Patently-O

JUNE 13, 2024

by Dennis Crouch In an important trademark law and free speech decision, the Supreme Court held in Vidal v. 2024) , that the Lanham Act’s “names clause” barring registration of a mark that “[c]onsists of or comprises a name. Elster , 602 U.S. 1052(c), does not violate the First Amendment.

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The TTABlog

JANUARY 23, 2024

14, 2023, re-designated as precedential, January 22, 2024). The CAFC observed that "[i]f the nature of a proposed mark would not be perceived by consumers as identifying the source of a good or service, it is not registrable," citing TMEP § 1202.04(b) 2022-1961 (Fed.

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Patently-O

DECEMBER 12, 2021

Can you register a famous person’s name as your trademark without their consent? Patent and Trademark Office interprets this to mean no, never, no matter what. 1] Under this provision, the PTO routinely denies registration to marks that appear calculated to capitalize on the famous person’s name to sell products.

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