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I recently co-wrote and article with Olivia Muller about the never ending threat of trademark scams. In the article we detail the scams and how they operate and what they look like, we discuss what is being done about them, and we propose some additional measures that could help defeat them. Published in Landslide , Vol.
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. Costumes are considered “useful articles” and, similar to most of the fashion industry , does not qualify for any kind of copyright protection. . Trademark and Halloween Costumes.
trademark owners intellectual property, and threaten the safety of U.S. Patent and Trademark Office (USPTO), from enforcing any trademark that was stolen. This article provides highlights of legislative activities undertaken in 2024 in this regard.
The ruling addressed VIP’s defenses to trademark infringement and trademark dilution. The litigation that has unfolded in the past year foretells the downstream implications of the Supreme Court ruling, particularly for trademark dilution law. The High Court ruled that VIP had no defense to either cause of action.
but it also raises some serious copyright and trademark issues. The post Copyright, Trademark and Willy’s Chocolate Experience appeared first on Plagiarism Today. The recent "Glasgow Willy Wonka Event" may have launched a thousand memes.
The post NASA: Copyright and Trademark in Space appeared first on Plagiarism Today. While it's well known that NASA images and videos are public domain, there are still some restrictions to be aware of before using them.
Here's what copyright and trademark law say about what is next. The post Copyright, Trademark and the Future of Zero Punctuation appeared first on Plagiarism Today. The long-running YouTube series Zero Punctuation has come to an abrupt end.
The post The Bitter Trademark Battle Over WordPress appeared first on Plagiarism Today. Over the past week, Automattic has been battling WP Engine over WordPress-related issues. Here's what is going on.
The post Copyright, Trademark and Plagiarism in Icons appeared first on Plagiarism Today. Nexon, developers of The First Descendent, are accused of copying icons from Destiny 2. However, the story is more complicated.
A new Supreme Court decision may mean some major changes for trademark law and might seem eerily familiar to those who have been watching. The post Poop Jokes, Jack Daniel’s and Trademark appeared first on Plagiarism Today.
The following is an edited transcript of my video The Trademark Scam Decision Tree. Past listeners and viewers of my videos and podcasts will know that from time to time I provide an update and more information about trademark scams, and the time has come once again. Patent and Trademark Office and their logos.
During our conversation we begin by briefly talking about patent strategy, but then move quickly to brand protection, trademarks, trade dress and effectively working with customs agencies around the world.
But how has copyright, trademark and patent law changed the field? The post Copyright, Trademark and Patent in Fireworks appeared first on Plagiarism Today. Fireworks displays are a common theme of Fourth of July celebrations.
In this article, we review a number of notable Canadian trademark cases from 2024 and highlight key developments in Canadian trademarks practice. These are the key cases and legal developments that brand owners ought to know.
What began as a (relatively) simple claim by Sky for trademark infringement of various SKY trademarks (the "SKY Marks") by SkyKick, ultimately resulted in four High Court judgments, a referral to the CJEU, a Court of Appeal ruling and ended in a significant Supreme Court decision.
The International Trademark Association (INTA) announced today that it has filed an amicus brief in a referral to the Grand Board of Appeal of the European Union Intellectual Property Office (EUIPO) that asks for clarification on registering human faces as trademarks.
As we have seen in the first article of our series, trademarks play an important role in the protection of your pharmaceutical and life science products and can add significant value. So lets jump. By: Hogan Lovells
All of these bring a new dynamism with them and, inevitably, challenges–and opportunities–in the field of intellectual property, most particularly trademarks. A trademark would be the asset that holds together a brand identity for a business, ensuring that its goods or services remain differentiated from others in the marketplace.
Startup founders looking to protect their brands need to understand the concept of “use in commerce” to successfully register their trademarks with the U.S. Patent and Trademark Office (USPTO). By: Pillsbury - Propel
Not everything can be protected as a trademark. Certain types of material are specifically excluded from trademark protection under U.S. As a startup founder, it’s crucial to understand what cannot be registered as a trademark to avoid potential rejections and legal challenges.
In trademark law, the concept of distinctiveness is central to protecting your brand and ensuring it stands out in the marketplace. Understanding the levels of trademark distinctiveness can help startup founders make informed decisions when selecting and registering trademarks. By: Pillsbury - Propel
The following is an edited transcript of my video Trademark Protection for Bands and Musicians. Just like any other brand, the music industry brands can strongly benefit from trademark protection. The post Trademark Protection for Bands and Musicians appeared first on Erik M Pelton & Associates, PLLC.
For startup founders, navigating the complexities of trademark law is essential for protecting your brand. These are formal disputes aimed at challenging an application or registration for a trademark. This article will explore what these proceedings entail, why they matter, and how you can prepare for them.
The 2024 Summer Olympic Games have ended, the 2024 Summer Paralympic Games have begun, and this article brings to a close our three-part series on Trademarks & the Olympic Games. Olympic & Paralympic Committee (USOPC) derives its trademark rights, and in July we explored what trademarks the USOPC owns.
As part of our series on trademarks as critical assets for businesses, this article discusses the importance of selecting and clearing a new or altered trademark for use and registration in the United States.
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.
The tech giant flashed in the news again in the trademark dispute with Gurugram-based fraudulent call centre company Retnec Private Limited. The Indian Constitution’s Article 19(1)(g) grants Indian people the freedom to engage in trade or business. lakhs in Indian currency.
Pepperdine University, in an emergency motion filed one week before the shows release, asked the court to block the release due to trademark violations occurring within the series. The court denied the motion, and the series is now the number one TV show on Netflix as of this writing.
In a guest article, Venable's Rebecca Liebowitz, Andrew D. Moskowitz examine the rise in increasingly sophisticated trademark fraud and what practitioners can do to minimize the risks for clients. Price, and Samantha J. By: Venable LLP
This case will undoubtedly impact the ability of third parties to use a brand’s trademark in artistic endeavors or the ability of brands to restrict the use of their trademarks by third parties, or both. District Court for the Southern District of New York.
Trademark law continues to be the cornerstone of brand identity. One concept that introduces a unique set of challenges in trademark law is “tacking.” Tacking is the ability of a trademark owner to modify their mark without forfeiting its priority status.
In September of last year, and in light of a corresponding Japanese patent infringement suit, I published an article detailing how The Pokmon Company had filed two patent applications at the United States Patent and Trademark Office (USPTO) after the release of Palworld.
In Brazil, slogans are eligible for trademark registration, but their acceptance has historically been limited by strict requirements for distinctiveness and functionality. Slogans play a crucial role in branding, serving as memorable and important expressions of a companys identity.
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.
Relying on a string of TTAB precedents, the Board observed that informational matter fails to function as a trademark if it comprises a common term or phrase that consumers are accustomed to see in use by various sources to convey ordinary, familiar, or generally understood concepts or sentiments, rather than serving as a source indicator.
Are trademark rights in the Metaverse as intangible as the world itself, or are they as real as in the ‘real’ world? In other words, the Metaverse may be a virtual world, but European intellectual property regulation is very real, and the Metaverse cannot escape it.
Just days after a complaint was filed against restaurant chain Sweetgreen by Chipotle Mexican Grill for trademark infringement, dilution, and deceptive business practices, Sweetgreen has changed the name of its offending product in order to reach possible settlement.
Why does the patent use a different name from the registered trademark? These denominations cannot be registered as trademarks - for example, under Article 7.1(m) Unlike PVR law, however, trademark law imposes no obligations to maintain a direct link between a name and a plant.
The plaintiff claimed to have used the trademark “POLO” since 1967. The defendants were using the trademarks “POLO,” “POLO BY RALPH LAUREN,” and a device of a polo player for their footwear products, which closely resembled the plaintiff’s marks. Mrs Arti Gupta & Anr.
Court of Appeals for the Third Circuit issued a precedential decision on trademark functionality doctrine in PIM Brands Inc. On September 7, the U.S. Haribo of America Inc.
In the United States, fashion is considered a useful article that, by itself, cannot be protected by copyright. Instead, fashion designers have relied heavily on trademarks to protect their work. In November 2019, Versace filed a lawsuit against fast fashion company Fashion Nova for violating its trademarks and copyrights.
INTRODUCTION A trademark can be registered for the purpose of securing diverse graphic and non-graphic unique symbols and indicia to distinguish the products or services of a trader from that of others. This article discusses the domain of trademark registration, which is useful for businesses and individuals in order to protect their brand.
an AI software company, has sued Google, LLC for trademark infringement, alleging that the rebranding of Google’s AI chatbot from BARD to GEMINI represents a “calculated decision to bulldoze over Gemini Data’s exclusive rights without hesitation.” Patent and Trademark Office (USPTO). Patent and Trademark Office (USPTO).
This year has seen a bonanza of significant trademark decisions, including several high- profile decisions from the Supreme Court. trademark law, yet in most cases returned to basic principles of trademark law to resolve the open issues. Below is a selection of a few of those significant cases from the previous year.
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