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In this article, we review a number of notable Canadian trademark cases from 2024 and highlight key developments in Canadian trademarks practice. On February 5, 2025, join us for an insightful webinaras wedeliver a roundup of Canadian trademarklaw, highlighting some of the most important new cases and practice directions from 2024.
February 6, 2025 Erik M Pelton & Associates, PLLC (EMP&A), a leading trademarklaw firm dedicated to protecting brands, is proud to announce the successful registration of U.S. The newly patented software enhances efficiency, accuracy, and client service by automating key aspects of the trademark management process.
On February 26, 2025, the U.S. Supreme Court unanimously vacated a nearly $43 million award in a trademark dispute that raised the question of whether a defendants affiliates could be held liable for payment of a disgorged profits award even if they were not named as defendants in the case. By: Fox Rothschild LLP
March 12, 2025) In an interesting trademark decision, the Federal Circuit has clarified that terms once considered generic do not necessarily remain permanently unregistrable. provides important guidance on genericness timing and addresses a question of first impression in trademarklaw.
These nonprofits own registered trademarks and attend to them just as a for-profit organization does. Ensure proper usage of your trademarks via licensing agreements and otherwise. Monitor unauthorized third party usage of your trademarks. The post The Importance of NonProfit Trademark for Organizations.
Katfriend Paul England (Taylor Wessing) discussed the current state of Supplementary Protection Certificates (SPCs) in the UK, questioning whether the system needs reform, by reviewing the recent English Court of Appeal decision in Merck Serono SA v Comptroller-General of Patents, Designs, and Trade Mark s [2025] EWCA Civ 45 (28 January 2025).
On December 27, 2024, the Korean National Assembly passed a proposed amendment to the Trademark Act (Amendment) which will be enacted six months following the date of promulgation. Originally published by Kim & Chang. By: Dorsey & Whitney LLP
billion in 2025. CURRENT LEGAL LANDSCAPE OF PERFUME PROTECTION The trademarking of scents is not unheard of, and various jurisdictions have granted trademark protection to scent marks. Most notably, in 2018, the Hasbro toy company registered the distinctive smell of their toy Play-Doh as a scent trademark.
Kilpatrick partner Ted Davis recently presented his Annual Update on Recent Trademark Case Law at the firms 2025 Advanced TrademarkLaw Seminar in San Francisco. By: Kilpatrick
The arbitral award, dated March 7, 2025, brings clarity to the protections available to well-known brands in Indias domain name system and underlines the risks of cybersquatting. This domain, incorporating the entirety of Boses registered and well-known trademark, was being used for hosting a website that allegedly sold similar products.
In a landmark ruling on February 25, 2025, the Delhi High court ordered Amazon to pay a hefty Rs. This case highlights the intersection of trademarklaw and e-commerce regulation, raising questions about the accountability of online marketplaces in protecting brand integrity. What will these e-commerce giants do now?
The following are the comments our firm submitted today regarding the USPTO’s proposed trademark fee changes and increases: Docket No.: Pelton & Associates, PLLC Regarding “Setting and Adjusting Trademark Fees During Fiscal Year 2025” The following are the comments of Erik M. trademark registrations.
The 7th February 2025 decision in Sir Ratan Tata Trust & Anr v. In this case, Tata Trust had two main allegations: first, that the defendant was using the Tata trademark, and second, that his image and name were being misused to hold an event titled THE RATAN TATA NATIONAL ICON AWARD 2024 by a journalist.
Despite all the hoopla about the Supreme Court's rulings in Tam , Brunetti , and Elster , how much do those rulings affect the everyday practice of trademarklaw? Amazon's Quiet Overhaul of the Trademark System" (June 19, 2024), California Law Review , Volume 113, forthcoming 2025. Fromer, Jeanne C.
5 Proven Steps to Protect Your Intellectual Property in 2025 In a world where ideas are currency, protecting intellectual property (IP) has ne ver been more critical. While intellectual property law can be complex, following a structured approach can help secure your ideas and prevent misuse.
Samridhi Chugh and Manya Gupta write about this order, explaining how the Court appears to have convoluted the issues surrounding the interplay between trademarks, disparagement, and free speech, rather than clarifying them. It involved the plaintiff’s registered trademark, “SUPREME”. The defendant did not appear in the suit.
Sunanda Bharti on the Michelin Stars and its interaction was trademarklaws. Bharti is a Professor of Law at Delhi University, and her previous posts can be accessed here. Image from here Mischief, Manifestation, and the Michelin Trademark! As an IP enthusiast, the author perceives this as a trademark matter.
Discussing the Relevance of the Responses Filed Against FERs Issued by Trademark Registry Image from here Is FER and its Reply relevant after a mark is registered? Delhi High Court refuses to condone the delay of 1506 days in filing an appeal against the order of the Registrar of Trademark. Done, so Dusted?
On March 21, 2025, I participated in a spirited panel at the annual IP symposium hosted by the Penn Intellectual Property Group (PIPG) at the University of Pennsylvania Carey Law School. Titled How Far Should Trademark Protection Extend, and Should Stronger Marks Get Greater Protection,. The article.
Azure that has further muddied already murky waters concerning the interplay between Sections 30 and 33 of the Copyright Act, and the Delhi HC ordering the removal of Zepto mark from the trademark registry. Skullcandy Inc vs Galaxy Mobile Plaza Ors on 11 March, 2025 (Delhi District Court) Image from here. The plaintiff, Skullcandy Inc.
The Trademark Reporter has published its latest "Annual Review" of U.S. Trademark Cases: " The Seventy-Seventh Year of Administration of the Lanham Act of 1946 ," by Theodore H. In any case, kudos to Ted for pointing out the Court's "numerous cringeworthy uses of 'trademark' as a verb" in the Elster opinion. Welch 2025.
10th OxFirst IP and Competition Forum (13 January 2025) OxFirst, an Oxford-based IP law and economics consultancy is hosting the 10th Intellectual Property and Competition Forum at the University of Oxford on Saturday, January 13th, 2024. The event will include a Roundtable discussion with experts on the topic.
Davis Law Rev. 1513 (February 2025), Dustin Marlan , Assistant Professor of Law at the University of North Carolina School of Law, tackles the elusive term tertium quid that Justice Scalia injected into trademarklaw in Wal-Mart v. Welch 2025. Professor Marlan thinks otherwise. pdf here ].
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.
Oliver Fairhurst covers the Jukic v BBC (2025) case, where a LiP claimed her TV show treatment was copied for Glow Up. Michelle Bogre and Nancy Wolff Best book on Trade Mark Law - Research Handbook on the History of TrademarkLaw, Edward Elgar, eds. CIPIL Spring Conference (29 March 2025) 2.
Weve tried to represent a diversity of subject matter also in this list, so its a mixed bag of cases dealing with patents, trademarks, copyright law etc. Singh Note: Later in the year, the Delhi High Court tightened the scope of the rights under well-known trademarks in Vans Inc. Novex Communications Pvt Ltd v.
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