25 Ways to Use Your Trademark
Erik K Pelton
MARCH 4, 2025
The following is an edited transcript of my video 25 Ways to Use Your Trademark. There are so many ways one can use their brand’s trademark.
Patent, Trademark, and Copyright: Definitions and Distinctions
Erik K Pelton
FEBRUARY 4, 2025
The following is an edited transcript of my video Patent, Trademark, and Copyright Definitions and Differences. The following is an edited transcript of my video Patent, Trademark, and Copyright Definitions and Differences. Trademarks get registered with the USPTO. A trademark registration can use the symbol.
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10 reasons that small businesses need to protect their trademarks
Erik K Pelton
NOVEMBER 19, 2024
It is important to take a few minutes to search and make sure a name is unique, to file the name with the USPTO to register it, and to hire an experienced trademark attorney to handle the registration process. The post 10 reasons that small businesses need to protect their trademarks appeared first on Erik M Pelton & Associates, PLLC.
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[Webinar] Defending Truth in Advertising: Strategies for Combatting False Advertising and Trademark Claims - March 25th, 10:00 am - 11:00 am PT
JD Supra Law
MARCH 11, 2025
This one-hour CLE session focuses on defending against false advertising and trademark claims, providing practical strategies for brand owners facing allegations of misleading advertising or trademark infringement.
Understanding Copyright, Trademark and Halloween Costumes
Plagiarism Today
OCTOBER 26, 2021
To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Trademark and Halloween Costumes. The other major part of the question is trademark. Trademark infringement, however, isn’t like copyright. Copyright and Halloween Costumes.
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ZEO v/s EZIO: Trademark Lessons on Passing Off and the Use of House Marks
SpicyIP
FEBRUARY 4, 2025
What followed was the plaintiff seeking a permanent injunction, restraining the defendant from infringing and passing off its trademark. Well-Researched Bona fide Decision: The defendants adoption of the eZEO/ZEO marks followed thorough research on the Trademark Registrys Search Portal. Her previous posts can be found here.
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Warby Parker Prevails Against 1-800 Contacts in Keyword Advertising Dispute - Kattison Avenue | Issue 13
JD Supra Law
NOVEMBER 4, 2024
The dispute involved Warby Parker's use of keyword advertising tied to 1-800's trademarks, which causes internet search results for 1-800 to display paid advertisements for Warby Parker's website at or near the top of the results page. 1-800) against JAND, Inc., which does business as Warby Parker.
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Filmmakers Sue VPN for Promoting Piracy & Advertising on YTS
TorrentFreak
JULY 9, 2022
These VPN providers emphasize in advertisements that they delete their end users’ log access records so their identities will never be disclosed to copyright owners or law enforcement. Millions in Copyright and Trademark Damages. In total, the rightsholders request $6 million in trademark damages and $3.9
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comparative advertising isn't confusing
43(B)log
MARCH 10, 2025
6, 2025) A frivolous lawsuit against comparative advertising; the court gets the right result at least. Even if the marks were famous, the comparative advertising and parody exclusions applied. [W]hen Windmar PV Energy, Inc. Solar Now Puerto Rico, LLC, 2025 WL 725078, NO. 24-1570 (RAM) (D.P.R.
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Not Everyone’s Cup of “Use” – The Changing Dynamics of “Trademark Use” and “Infringement” in Internet Advertising
SpicyIP
SEPTEMBER 28, 2023
DRS , explaining the Court’s approach towards determining whether the use of a mark as a keyword will amount to trademark infringement or not. Last month we had a detailed post by Aditya Gupta on the DHC Division Bench order in Google v. Views expressed here are those of the author’s alone. Findings of the Court in Google LLC v.
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Sounds, Colors, Scents, and Other Nontraditional Trademarks
Erik K Pelton
MAY 9, 2022
The following is an edited transcript of my video Sounds, Colors, Scents, and Other Nontraditional Trademarks. Non-traditional trademarks are those things that indicate the source of a brand, but are not brand names, logos, or slogans. Buildings can be registered as trademarks. That’s a registered trademark.
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Advertisers Freedom To Make Ads
IP and Legal Filings
MAY 17, 2023
Introduction The promotion of products through defamatory or misleading remarks about the competitor’s product, known as “product disparagement,” can lead to legal disputes, blurring the line between this and comparative advertising. To prevent legal disputes, caution must be exercised to differentiate between the two.
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game spat expands beyond false advertising to TM and (c)
43(B)log
FEBRUARY 17, 2025
Skillz sued its competitor Papaya, alleging false advertising under federal and state law. Papaya counterclaimed for the same causes of action and added trademark and copyright infringement as well as defamation and civil conspiracy claims. Trademark: Papaya plausibly alleged confusion with its logo marks, but not with its word marks.
No Confusion From Keywords: Federal Courts of Appeals Help Defendants Facing Trademark Suits on Paid Search - Kattison Avenue | Issue 13
JD Supra Law
NOVEMBER 1, 2024
In October 2024, both the US Courts of Appeals for the Second and Ninth Circuits issued published decisions that rejected trademark infringement claims based on advertising in keyword searches.
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Announcing the Sixth Edition of Advertising & Marketing Law: Cases & Materials by Tushnet & Goldman
Technology & Marketing Law Blog
AUGUST 11, 2022
Rebecca Tushnet and I are pleased to announce the sixth edition of our casebook, Advertising & Marketing Law: Cases & Materials. We also have two online-only chapters on housing discrimination (Chapter 20) and political advertising (Chapter 21), both also freely downloadable. Chapter 2: What is an Advertisement?
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Trademark Protection for eSports and Gamers
Erik K Pelton
DECEMBER 7, 2021
The brands of many professional online gamers have millions of followers and huge profits from endorsements, advertising, merchandise, and more, yet many of them are not protected. Erik provides some trademark tips and guidance for the eSports industry that is applicable to other brand owners, influences, and businesses as well.
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is selling stolen goods trademark infringement?
43(B)log
APRIL 2, 2025
Is selling stolen goods trademark infringement? They claim trademark rights in Zoom Blowers, Pogo inflatables, and PartyTentsDirect.com. Defendants sold the plaintiffs products, which bear[ ] the [p]laintiffs names and trademarks[,] including Tentandtable.com, Zoom Blowers, Pogo Bounce House[,] and Partytentsdirect.com.
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Trademark Protection for eSports and Gamers
Erik K Pelton
MAY 23, 2022
The following is an edited transcript of my video Trademark Protection for eSports and Gamers. That’s why it is shocking that many of them are not registered with the USPTO and protecting their trademarks. Zero trademarks. Zero trademark protection in terms of registering and enhancing that protection.
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50 Different Ways to Use A Trademark
Erik K Pelton
NOVEMBER 15, 2021
The following is an edited transcript of my video, 50 Ways to Use Your Trademark. Clients ask all the time, “Now that I’ve got my trademark protected or registered, how do I use it? There are many different places and ways to use your trademarks. I’ve got 50 Ways to Use Your Trademark. Where do I use it?”
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False Patent Marking as False Advertising: Overcoming Dastar
Patently-O
APRIL 17, 2024
by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.
Examining the Circuit Split on Preliminary Injunctions in False Advertising Post-eBay
IP Watchdog
APRIL 13, 2022
In responding to the unprecedented COVID-19 challenges, companies around the world are rushing to capitalize on the current crisis by advertising the effectiveness of their products in containing the virus spread. As fear and anxiety proliferate during this pandemic, fraudulent or false advertisements also surge and explode.
trademark infringement accusations are opinion without a final judgment
43(B)log
APRIL 28, 2025
Although the trade dress was registered in 2014, when Colasse emailed Trevari alleging infringement in 2021, Trevari responded that the putative trademark was invalid because it was functional, and defendant didnt respond.
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Trademark turbulence: Interglobe Aviation Vs Mahindra Electric Automobile Ltd
Selvam & Selvam Blog
DECEMBER 6, 2024
Meanwhile, on November 25, 2024, Mahindra Electric filed a trademark application for BE 6e under Class 12 (vehicles), as part of its electric SUV portfolio. However, the mark has not yet been advertised in the Trademark Journal, meaning no one can oppose its registration as yet.
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Slogans in Brazil: BPTO to Start Registering Trademarks with Advertising Expressions
JD Supra Law
NOVEMBER 20, 2024
In October, the Brazilian Patent and Trademark Office (BPTO) announced a new interpretation regarding the registrability of advertising elements. This new approach adopts a less restrictive stance, paving the way for the legal protection of slogans and advertising expressions as trademarks in Brazil. By: Mayer Brown
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Smells like Luxury, Does it Cost a Trademark Battle?
SpicyIP
AUGUST 31, 2023
Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. Image from here Smells like Luxury, Does it cost a Trademark Battle?
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Atlas Van Lines Moves to Protect Its Brand in Trademark Infringement Lawsuit
Indiana Intellectual Property Law
NOVEMBER 22, 2024
. (“Plaintiffs”) have filed a lawsuit against Atlas Mover Group LLC (“AMG”) and United Best Moving LLC (“UBM”) (“Defendants”) for trademark infringement and unfair competition. Over the years, Atlas has built a reputation for high-quality service and earned substantial goodwill in its marks.
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Infographic | Trademarks 101: super bowl exclusivity
Olartemoure Blog
FEBRUARY 10, 2024
the Super Bowl moves billions of dollars, mainly through advertising. THE SUPER BOWL TRADEMARK in 1969 In 1969, the NFL trademarked “Super Bowl”. Since then, it has made a conscious effort to enforce this trademark. In 1969, the NFL trademarked “Super Bowl”. Arguably the most important sports event in the U.S.A.,
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CAFC Addresses Standing Requirement in Brooklyn Brew Shop Trademark Dispute
IP Watchdog
OCTOBER 28, 2021
On October 27, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the Trademark Trial and Appeal Board’s (TTAB) cancellation of Brooklyn Brew Shop, LLC’s (BBS) standard character mark and dismissed in part, affirmed in part and remanded the TTAB’s decision regarding the opposition of BBS’s mark.
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Top Trademark Trends of 2022
Erik K Pelton
DECEMBER 20, 2022
The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.
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Trademark protection for colors: T-Mobile Magenta
Erik K Pelton
APRIL 24, 2023
The following is an edited transcript of my video Color Trademarks Case Study: T-Mobile Magenta. Non-traditional trademarks are some of the most interesting and fun topics to discuss in the world of brand protection. Non-traditional trademarks include sounds, sense, motions, lighting, colors, and more. Colors can be protected.
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Trail of Trouble: Hiker Industries Sues Hyk Outdoors Over Trademark Infringement
Indiana Intellectual Property Law
NOVEMBER 29, 2024
Hiker Industries, LLC (“Hiker”) has filed a lawsuit against Hyk Outdoors LLC (“Hyk”), alleging trademark infringement and unfair competition under both federal and state laws. The complaint focuses on the use of marks by Hyk that Hiker claims are confusingly similar to its own registered trademarks.
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Trademark Infringement in the Digital Age
IP and Legal Filings
MARCH 5, 2024
Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Trademark violation raises significant issues. Cybersquatting is another type of trademark infringement.
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DHC Passed Over-broad Order in Louis Vuitton Advertisement Material Copyright Dispute
SpicyIP
SEPTEMBER 3, 2024
With this Louis Vuitton seems to have struck a jackpot as it managed to restrain Haute24 from selling its products in a copyright dispute over its advertisement material. Due Protection to Advertisement Material The Court has rightly acknowledged the artistic merit of commissioned photos for promotional purposes. www.haute24.com
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Trademark Infringement to Criminal Prosecution: an Inimitable Interaction?
SpicyIP
AUGUST 8, 2024
In an interesting turn of events, the plaintiff in a trademark infringement suit had to face the wrath of the Delhi High Court for submitting false evidence and got criminal proceedings instituted against them on the directions of the Court. By Rishabh Deshpande How does a trademark infringement case go from civil to criminal in nature?
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Choosing Acceptable Evidence of Use for USPTO Trademark Applications
Erik K Pelton
FEBRUARY 9, 2021
The following is an edited transcript of my video, The Types of Acceptable Evidence for Trademark Applications. An important piece of the trademark application puzzle is submitting proper evidence to the USPTO to demonstrate use of the mark in connection with all of the goods and services that are in the application.
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25 Classes of Goods and Services at the USPTO
Erik K Pelton
JANUARY 7, 2025
When applying to register a trademark at the USPTO, it is important to know about goods and services and their classification. The following is an edited transcript of my video 25 Classes of Goods and Services at the USPTO.
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Beyond The Ordinary: The Rise in Use of Non-Conventional Trademarks in Pharmaceuticals Industry
IP and Legal Filings
DECEMBER 17, 2024
Abstract In the changing landscape of intellectual property law, Trademarks have gone beyond the traditionally used symbols, names, logos to enhance the non-traditional identifiers. Unlike conventional trademarks that primarily use visual elements, non-conventional trademarks engage multiple senses to foster brand recognition.
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Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute
SpicyIP
AUGUST 22, 2022
We are pleased to bring our readers a guest post by Abhijay Srekanth and Vivek Basanagoudar on interaction of trademarks with free speech. Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute. Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice.
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Can Tactile Marks Be Effectively Protected Under Trademark Law?
IP and Legal Filings
FEBRUARY 24, 2025
INTRODUCTION For a long time, logos, names, and jingles have been the mainstays of trademark law. A recent trend in branding, however, is the use of non-traditional trademarks such as haptic markings. In 2003, the firm’s trademark in Germany was protected due to its distinctive design. are two examples.
Trademark Battle Between Restaurant and Man Who Wants 1.5 Million Dollars
IPilogue
NOVEMBER 17, 2022
Can you file a trademark application for a restaurant and proceed to demand 1.5 Upon learning that Beijing Judian was planning to open locations in Canada, Meng raced to file trademark applications for the identical mark in Canada. Two sections recently added to Canada’s Trademark Act of 1985 (“the Act ”) mention bad faith.
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Pirate Site Shut Down For Trademark, Cybersquatting & Copyright Violations
TorrentFreak
FEBRUARY 16, 2024
Somewhat unusually, however, federal trademark infringement and cybersquatting allegations also played a key role, alongside other claims including unfair competition. Allegations of copyright infringement also featured in a complaint filed at an Arizona court in 2023, which hoped to quickly shut down a popular pirate site.
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NFL Player Uses Pirate Streaming Site to Watch His Own Team
TorrentFreak
OCTOBER 22, 2024
Government’s Patent and Trademark Office to help tackle live-streaming piracy. This includes social media platforms, where pirate streams are often openly advertised. Last year, the NFL asked the U.S. Together with the NBA and UFC, the football league asked the government to make DMCA takedown requests more effective.
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YouTube Defeats Trademark Lawsuit–Lops v. YouTube
Technology & Marketing Law Blog
MARCH 6, 2023
Leonel Lops claims a trademark in the term “Confidence Empire” for shoes. He sued YouTube for allegedly infringing his trademark and sought “$1 billion in damages, $2 million in costs, at least $500 million in punitive damages, and temporary and permanent injunctive relief.” ” Cites to Yout v.
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Timbs: Iconic Enough for Trademark Protection?
Patently-O
OCTOBER 3, 2021
This is apparently the same process used in other recent trademark civil actions. Now, the company has filed a civil action in the Eastern District of Virginia seeking a court order that TBL is entitled to a registration. Booking.com B.V. Matal , 278 F. 3d 891, 900 (E.D. ”); Seacret Spa Intl.
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