Above the Fold

DECEMBER 13, 2023

Searching the system can help trademark applicants avoid rejection for an applied-for trademark that is too similar to an already-registered trademark. According to the USPTO, the new system incorporates feedback from stakeholders and is designed to be more intuitive and straightforward to use.

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Trademark Registering Trademarks Designs Design 52

IP and Legal Filings

JUNE 14, 2023

A trade name is a name under which a company pursues its business and needs to be distinguished from the entity’s registered or legal name. Many countries require registering a trade name or business name in a special register. New indicators being introduced in the communication are frequently seen in marketing advertisements.

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Marketing Marketing Intellectual Property Branding 52

43(B)log

MARCH 14, 2024

11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! This judgment of infringement comes nearly one year to the day after Crocs filed lawsuits against 21 companies alleging infringement of its registered trademark rights in its clog designs. …

False Advertising 57

False Advertising Advertising Advertising Branding 57

SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. The Hermès-Rothschild Dispute. Ltd vs Google India Pvt.

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Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name. Understanding the Secondary Meaning of Trademark.

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43(B)log

SEPTEMBER 6, 2023

The Toyota parts sold by Allen Interchange and Toyota bear the same part number, and according to Allen Interchange, are identical in design, function, and quality. Lanham Act false advertising: Allen alleged that Toyota’s statements that “[t]he purchase. The court declined to dismiss the counterclaims.

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Marketing Marketing False Advertising Advertising 57

LexBlog IP

AUGUST 16, 2023

A registered trademark serves as a deterrent to potential infringers. When competitors or unauthorized entities see a registered mark, they are less likely to attempt to capitalize on its recognition due to the legal consequences that could ensue. Minimizing Brand Confusion Brand confusion can erode consumer trust and loyalty.

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Branding Brands Branding Registration 40

IP and Legal Filings

MARCH 5, 2024

The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement. Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising.

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Trademark Social Media Advertising Advertising 90

Indiana Intellectual Property Law

DECEMBER 23, 2022

According to the complaint, Gema is a worldwide leader in the design and manufacture of electrostatic powder coating control units, and powder feed systems. The Design Patents are for a variety of powder guns and spray equipment. Gema sells a variety of powder guns and spray equipment in this district and throughout the United States.

Trademark 52

Trademark False Advertising Patent Registration 52

IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The players can collect up to 30 NFTs in the game, 10 of which are designed by the artist Beeple [i].

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Law Branding Brands Branding 88

The IPKat

DECEMBER 17, 2021

The Plaintiffs also contended that the logos used by the Defendants infringed on their marks and get up since their registered trademark incorporated the words ‘ACAL’ and an image with the map of Africa which the Defendants had copied.

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Trademark IP Registering Trademarks Branding 96

IPilogue

FEBRUARY 28, 2022

France and Switzerland used to fight for the exclusive rights to the “Controlled Designation of Origin” for Gruyère. Interestingly, another battle regarding the Gruyère trademark is happening in North America. However, the fate of the Gruyère trademark in Canada is still up in the air.

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Trademark Registering Trademarks Intellectual Property Advertising 106

Intepat

DECEMBER 21, 2021

QR codes were first utilised in the automotive business, but they are now widely used in advertising, payments, product tracing, and counterfeit detection, among other things. The second reason is that trademarking names or symbols that are “customary” in everyday commercial practices is impossible. Judicial Decision.

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Trademark Intellectual Property Registering Trademarks Branding 98

Patent Trademark Blog

APRIL 5, 2022

Actually, it is significantly more difficult to expedite a trademark application than a patent application. To speed up patent applications, you have options like Track One and Rocket Docket for utility and design applications, respectively. So this extraordinary remedy is limited by design.

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Trademark Cease and Desist Registration Patent Application 52

LexBlog IP

AUGUST 16, 2023

Consistent Visual Identity Trademark registration solidifies your brand’s visual identity. Trademark registration sets your brand apart from competitors by giving you the tools to keep your brand’s unique identity that consumers can easily identify and connect with.

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Branding Brands Branding Registration 40

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

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False Advertising Advertising Advertising Registration 57

IP Tech Blog

AUGUST 17, 2022

In particular, Tsingtao alleged that such use of its registered trademark created in the relevant users the impression that the small breweries’ beer and brand was somewhat related to Tsingtao Beer. 7) causing harm to other’s exclusive rights to use registered trademarks.”. 57 of the Trademark Law.

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Trademark Registering Trademarks Art Cease and Desist 104

43(B)log

SEPTEMBER 7, 2021

Instead, a plaintiff must plead “specific facts reflecting [the defendant’s] activity that, if proved, would amount to an attempt to create the impression that [the plaintiff] is the source of [the defendant’s] services” or goods, such as conduct outside use of the registered mark itself. Chunma USA, Inc., 2021 WL 1534988, No.

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False Advertising Registration Trademark Registering Trademarks 57

Plagiarism Today

OCTOBER 26, 2021

First, design elements that are “physically or conceptually separate” from the article can be protected. Characters are often protected by copyright, even if their fashion is not, but they are also routinely protected by trademark. Trademark infringement, however, isn’t like copyright.

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Copyright Trademark Cease and Desist Copying 252

azrights

OCTOBER 27, 2021

Firstly, the company had the right legal agreement with the designers of its iconic bottle shape when it commissioned the bottle design so that it would own the rights in the bottle design. This initial design registration gave the company a way to preserve the uniqueness of the shape to the Coca Cola brand. Litigation.

Branding 52

Branding Brands Branding Copying 52

Larson & Larson

DECEMBER 13, 2022

Standard character marks include any word, phrase, symbol, or design that can be represented in standard characters (i.e. They can include logos, designs, and other unique elements. Next, you’ll need to choose what class or classes you want to register your trademark in. Special Form Marks. Congratulations!

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Trademark Registering Trademarks Designs Design 40

LexBlog IP

APRIL 19, 2023

There are two types of patents that Amazon sellers should be familiar with, utility patents and design patents. Utility patents protect functional aspects of a product, and design patents protect the appearance of a product. The purpose of a trademark is to prevent consumer confusion about the source of the corresponding product.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

LexBlog IP

FEBRUARY 26, 2023

I asked: “ What were the first trademarks? “ ChatGPT replied: The use of trademarks can be traced back to ancient times, when craftsmen and traders marked their goods with unique symbols or designs to identify their origin or quality. However, trademark protection in the U.S.

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Trademark Designs Design Journalism 52

SpicyIP

FEBRUARY 13, 2023

Delhi High Court clarifies that for “lack of novelty” to be used as a defence against a Design infringement claim, the lack of novelty is to be seen as on the date of registration of design and not thereafter. Delhi High Court directs Registry to advertise KFC’s ‘Chicken Zinger’ trademark.

Designs 52

Designs Design Trademark Cease and Desist 52

Kashishipr

JANUARY 5, 2022

Additionally, it also deals with the exclusive rights of a trademark owner, penalties for Trademark Infringement , remedies for damaged goods, and modes of transference of a Registered Trademark. Vienna Code Search – To conduct a trademark search for similar artistic designs.

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Trademark Branding Brands Branding 105

43(B)log

JANUARY 27, 2023

Steeplechase has a copyright for the book, “Piano Book for Adult Beginners: Teach Yourself How to Play Famous Piano Songs, Read Music, Theory & Technique” and registered trademark rights in STEEPLECHASE ARTS & PRODUCTIONS for, among other things, music instruction books, including for the Piano Book. Was this literally false?

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Derivative Work False Advertising Advertising Advertising 73

IIPRD

NOVEMBER 22, 2023

Ensuring Compliances of IP laws Trademarks and logos: On media platforms, names and emblems are commonly used to advertise companies and services, both visually and orally. Designs: Many companies now sell via media platforms, for many it is their only means of marketing.

Social Media 59

Social Media IP Intellectual Property Copying 59

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern. Need for Protection of Personal Names through IPR Celebrities commonly demand a licensing fee for the utilization of their name, image, or other distinctive attributes in advertising or merchandising endeavours.

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Intellectual Property Registration Trademark Personality Rights 90

Corsearch

MARCH 13, 2023

Looking at the clip of Oswald below, you can clearly see elements of the character in Mickey’s modern design. Disney still own the copyright on more recent works featuring the character and, most importantly, have protected his name, likeness, and associated imagery by registering trademarks. Oswald the Lucky Rabbit.

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

Intepat

NOVEMBER 14, 2022

The trademark classification of goods and services also enables people to conduct a trademark search. Imagine having to look through thousands or even lakhs of registered trademarks to find out if there is a mark that is similar to yours. ” Indian Trademark Classes List.

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Trademark Registering Trademarks Registration Music 98

LexBlog IP

NOVEMBER 17, 2021

Kaira has registered the AMUL trademark in Canada for use in association with milk products. Kaira also owns common law design marks which are displayed on the websites www.amul.com and www.amuldairy.com. First, Kaira provided evidence of the goodwill that the AMUL brand and designs have acquired globally and in Canada.

False Advertising 40

False Advertising Social Media Trademark Branding 40

The IPKat

DECEMBER 16, 2021

While Morison branded its medicine with the generic “PARACETAMOL”, with reference to its registered trademarks “MSJ” and “MORISON” on the packaging, CPL used the name “CONPHAMOL”. CPL had a registered trademark in the word “Conphamol” and the design of the product packaging.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

43(B)log

FEBRUARY 16, 2024

Indeed, in recent years the Supreme Court has repeatedly emphasized the multiple benefits of registration to a trademark claimant, including in the recent cases of Matal v. I’ve left out the parts specific to registered trademarks and the reference to treaties. Kagan describes it as “designation of source.” of Ala, LV v.

Trademark 57

Trademark Fair Use Registration False Advertising 57

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.

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Trademark Graphic Design Registration Registering Trademarks 52

LexBlog IP

SEPTEMBER 15, 2021

The Court of Appeals affirmed the previous decision of the district court which found that Australian Leather had wilfully infringed Deckers’ “UGG” trademarks by selling less than 15 pairs of UGG branded boots in the U.S.,

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Trademark Registration Branding Brands 52

Selvam & Selvam Blog

MARCH 28, 2022

Section 142 of the Act categorizes threats as circulars, advertisements or other similar means served on the other party. A reading of the statute indicates that this provision focuses on registered trademarks and the related infringement. However, in the case of Dolphin Laboratories Pvt.

Cease and Desist 40

Cease and Desist Trademark Due Diligence Intellectual Property 40

SpicyIP

NOVEMBER 7, 2022

It further held that “ if a prominent part of the registered trademark is subsequently adopted by another user, either on a standalone basis or as a part of the composite mark, the same may in a given case indicate that the two marks are deceptively similar. Sheo Prakash & Ors.

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