LexBlog IP

JULY 12, 2021

On the other hand, the other register at the United States Patent and Trademark Office (USPTO) is the Principal Register. This article will compare each register, and explain the usefulness of each. What is a Supplemental Register Trademark? Supplemental vs Principal Register Comparison Table.

Trademark 52

Trademark Graphic Design Registration Registering Trademarks 52

IP and Legal Filings

FEBRUARY 4, 2022

Plaintiffs saw an advertising for Defendants’ syrup/sharbat, which had the mark ‘DilAfza’ on it and was packaged in deceptively similar ringlet bottles to the ‘RoohAfza’ bottle.As Plaintiffs have Class 32 registrations as well.

Registration 66

Registration Trademark Trademark Law Marketing 66

43(B)log

FEBRUARY 16, 2024

As you may or may not recall, §32 of the Lanham Act provides for a cause of action for infringement of registered marks; courts have read 43(a) to provide a similar cause of action for “unregistered marks”—matter that is not registered with the PTO but serves a trademark function of indicating source. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

Kashishipr

JUNE 9, 2021

Broadcast is a species of communicating a sound recording to the public: The court counted upon the definition of ‘broadcast’ under the Copyright Act, which indicated that this activity was a species of communication to the public.

Music 98

Music Licensing Television Copyright Infringement 98

IP and Legal Filings

OCTOBER 28, 2023

TARNISHMENT Unauthorized use of famous mark which is offensive, inappropriate in connection with a similar mark or trade name.Tarnishmentmainly occurs when the product is contrary to the corporate values of the trademark owner and another form is to offend or criticize the trademark’s owner. “

Trademark 78

Trademark Registering Trademarks Trademark Law Branding 78

IIPRD

FEBRUARY 23, 2021

The National IPR Policy of 2016 has resulted in increasing IP registration since its inception. The pendency in IP registration applications have also decreased. Trademark as Collateral in the US. For a common law trademark, notice of the lender’s security interest is not required to be recorded.

IP 40

IP Intellectual Property Branding Brands 40

The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

JULY 17, 2024

Relative grounds for refusal, governed by Section 11, are attracted when the potential registration of the mark could lead to confusion in the marketplace and encroach upon the rights of other proprietors. How can a mark be both scandalous/obscene, while at the same time being similar to an existing, registered trademark?

Trademark 86

Trademark Journalism Reporting Registration 86

LexBlog IP

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

SpicyIP

JANUARY 2, 2022

The Vidya Drolia case laid down certain conditions for non-arbitrability of disputes and stated that grant and issue of patents and registration of trademarks were exclusive sovereign or government functions, thus making them non-arbitrable. Durga Trading Corporation was clarified in this case. Sun Pharmaceuticals Industries Ltd.

IP 136

IP Intellectual Property Copyright Trademark 136

IP and Legal Filings

NOVEMBER 27, 2022

Trademark refers to the cumulation of distinctive sign/symbol, design, or combination which is exclusively associated with the products or services helping the targeted customers identify the same easily. With the fast-growing media and entertainment sector, the era of digital advertising for product branding and selling has also stepped up.

Trademark 52

Trademark Branding Brands Branding 52

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. The original filmography in the 2013 Documentary “captures many similar stunts, at greater length, in higher-definition film.” Trademark etc.

Fair Use 52

Fair Use Trademark Copyright Editing 52

43(B)log

NOVEMBER 8, 2023

I’m going to talk briefly about last term’s Jack Daniels case—a trademark infringement and dilution case—as well as Elster, argued last week, in which the Justices appeared inclined to reject a First Amendment challenge to the refusal to register the claimed mark “TRUMP TOO SMALL” for t-shirts.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Professor Alexandra Roberts has written an excellent recent article on this, Trademark Failure to Function.

IP 94

IP Trademark Advertising Advertising 94

Technology & Marketing Law Blog

JUNE 21, 2023

As I noted on Twitter , nothing in the opinion suggests that the display of parodies, jokes, or other messages on the surface of toys, T-shirts, or other types of expressive merchandise would, by itself, constitute a trademark use of another’s mark or trade dress. Is Jack Daniel’s a Speech-Protective Trademark Opinion?

Trademark 101

Trademark Blogging Trademark Law Fair Use 101