IP and Legal Filings

JANUARY 27, 2025

This blog seeks to examine the relationship between AI and IPR and identify critical areas of discussion, conflict, and appropriate strategy within the expanding rubric. For instance, if an AI produces art or designs most similar to other copyrighted art or designs, Equivalence by an AI leads to infringement.

Intellectual Property 101

Intellectual Property Designs Design Licensing 101

The IP Law Blog

DECEMBER 9, 2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the trademark and contract issues that Adidas is navigating with shoe designs and related designs in the future. Listen to the podcast of this episode here.

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Blogging Law IP Contracts 98

SpicyIP

FEBRUARY 4, 2025

In pursuance of its goal to accelerate EV adoption, it developed a new vehicle design and coined the same EZIO. Gensol EV also created a “ezio” logo for the vehicle design and secured a registration of the word mark EZIO on a proposed to be used basis ( Class 12 ) with the Trade Marks Registry.

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Trademark Marketing Marketing Trademark Law 107

IP and Legal Filings

JANUARY 8, 2025

Introduction Customs law and trademark law operate at a crucial interface when it comes to protecting intellectual property rights (IPRs) and against counterfeiting. The Trademarks Act, 1999, gives trademark protection to the identity of brands.

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Trademark Law Trademark Law Intellectual Property 59

Technology & Marketing Law Blog

FEBRUARY 27, 2022

TPG aggregates and collects information from the most prominent rewards programs and provides a series of rankings and recommendations designed to help maximize your rewards points. Trademark infringement 6. Dilution under Texas State Law 8. False Designation of Origin 9. Thus, the Points Guy. Trespass 5. Dilution 7.

Cease and Desist 124

Cease and Desist Blogging Contracts Social Media 124

More Than Your Mark

AUGUST 20, 2021

At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. The functionalities and any new and unobvious structures created by 3-D printing technologies may be the subject of a utility or a design patent.

Intellectual Property 98

Intellectual Property Designs Design Invention 98

Intepat

MARCH 13, 2025

Architectural designs came to be recognised as a form of intellectual property capable of protection after the 1908 Amendment to the Berne Convention, 1886. This inclusion was crucial in recognising and protecting the rights of architects over their architectural designs and works.

IP 52

IP Designs Design Artistic Work 52

azrights

NOVEMBER 17, 2021

Protectability of brand elements should be considered before finalising branding decisions because there are many rules in trademark law that could result in a chosen brand identifier not being deemed sufficiently distinctive. Names and taglines involve a host of considerations that go beyond the scope of this blog.

Trademark Law 52

Trademark Law Trademark Law Branding 52

Intepat

MARCH 25, 2025

These products are essentially replicas of luxury or designer fragrances, crafted to mimic the scent profile of high-end perfumes at a fraction of the cost. Counterfeit perfumes are unauthorized imitations that not only replicate the scent of a branded perfume but also copy its packaging, bottle design, and branding.

Copying 59

Copying Branding Brands Branding 59

Kashishipr

AUGUST 25, 2021

A critical issue to be addressed is whether these limited-edition products can get protection under Intellectual Property (IP) law, just as regular products do, and if yes, then which is the most appropriate form of IP Protection ? Protection for Limited Edition Products under Trademark Law.

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Editing Law IP Designs 105

Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” A Google search turns up three different pairs of designs with differing degrees of similarity. A jury agreed, finding that H&M had willfully infringed Unicolors’s fabric design.

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Registration Blogging Copyright Designs 98

Technology & Marketing Law Blog

MARCH 6, 2024

Tomelleri (who has appeared on this blog before ) illustrates fishes (see court exhibit on the right). If that rings a bell, it’s because just yesterday I blogged on a DIFFERENT fish painter, DeYoung, who also brought an IP lawsuit against a print-on-demand service (Pixels).

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Copyright Trademark Law Publishing Copyright Infringement 119

Technology & Marketing Law Blog

MARCH 8, 2024

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money. Alibaba N.D.

Trademark Law 111

Trademark Law Trademark IP Blogging 111

Kashishipr

DECEMBER 15, 2021

” The emphasis of the case was whether the design of the Defender had “inherent or acquired distinctiveness.” The trademark was registered for a 3D shape of 250 GTO in three classes: Class 12 (Vehicles), Class 25 (Clothing), and Class 28 (Games and playthings). The protection only applies in the UK.

Trademark 105

Trademark Intellectual Property Registration Designs 105

IPilogue

OCTOBER 28, 2021

In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. In Pyrrha Design Inc. Scary Issues with Licensing and Trademarks.

Intellectual Property 115

Intellectual Property Designs Design Copyright 115

Likelihood of Confusion

SEPTEMBER 23, 2024

Republished by Blog Post PromoterThe District of Arizona ruled today in a case we defended through trial and have reported on here extensively. Originally posted 2014-05-23 12:53:57.

Designs 52

Designs Design Law Blogging 52

Technology & Marketing Law Blog

JULY 17, 2023

In addition, the opinion has important ramifications for domestic trademark law through its identification of “use in commerce” as the actionable domestic conduct. Now in trademark law, extraterritorial reach is a simple on-off switch: Is there use in commerce or not? In Jack Daniel’s Properties, Inc.

Blogging 75

Blogging Trademark Litigation Law 75

Erik K Pelton

MARCH 11, 2022

As a trademark law firm, we represent a wide array of clients but predominantly focus on helping small business owners protect their intellectual property. In recent years, trademark scams have proliferated and become increasingly problematic, particularly for small business owners. About Erik M. Pelton & Associates, PLLC.

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Government Business Trademark Blogging 147

Intepat

DECEMBER 4, 2024

However, unconventional trademarks challenge traditional concepts of visual representation, leading to significant complexities in their registration, protection, and enforcement. Their essence lies in unique sensory elements that transcend conventional designs and embody distinctiveness in novel ways. Pawan Kumar case.

Trademark 52

Trademark Intellectual Property Branding Brands 52

Technology & Marketing Law Blog

NOVEMBER 11, 2023

The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines, Car-Freshner has turned into a serial plaintiff, though this is my first time blogging them in-depth. I see potential legitimate trademark defenses for the design. This ruling highlights the legal risk.

Trademark 115

Trademark Contracts Blogging Fair Use 115

IPilogue

OCTOBER 21, 2022

This year, when the t-shirt design for CUGGL was released, the Italian fashion brand Gucci tried to get the trademark cancelled. Gucci argued that CUGGL t-shirts would confuse customers because of the font and style of the design.

Trademark 104

Trademark Branding Brands Branding 104

Kashishipr

MARCH 2, 2022

Keeping a regular watch on the market for unauthorized use and reproduction of similar or identical marks goes a long way towards safeguarding trademark rights. The Trademark Law of different nations is not based on registration alone, but on the usage of marks and timely renewal as well. For more visit: [link].

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

Kashishipr

SEPTEMBER 8, 2021

A trademark is typically a sign, logo, symbol, word, phrase, design, or combination of them, which identifies the product or service of a particular brand. To sell the product, using the brand name makes it a trademark. ’ Common or generic terms are usually not protected under trademark law.

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Trademark Registration Branding Brands 105

IP Tech Blog

FEBRUARY 28, 2022

The Spanish government has approved a draft bill to reform the three main industrial property laws: the Trademark Law, the Industrial Design Law and the Patent Law. Trademark Law. Industrial Design Law.

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Law Designs Design Trademark 62

IPilogue

NOVEMBER 17, 2022

Beijing Judian is a reputable barbeque bar restaurant with over 40 locations in China with established Ju Dian character marks, including the JU DIAN & Design Mark. Upon learning that Beijing Judian was planning to open locations in Canada, Meng raced to file trademark applications for the identical mark in Canada.

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Trademark Registration Advertising Advertising 111

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. We blogged this case twice before. The court relies on two decisions: (1) In re CTLI, a bankruptcy ruling from 2015 blogged here: “ Company’s Social Media Accounts Transferred in Bankruptcy ” and (2) Int’l Bhd. SF Design Group.

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Social Media Ownership Business Branding 119

SpicyIP

JANUARY 23, 2023

here are our summaries for our blog posts, 15 case summaries and other national and international IP developments. This post was originally published in Bill of Health , the blog of Petrie-Flom Center at Harvard Law School. After a week full of interesting IP developments and some very interesting orders (!),

Designs 105

Designs Design Invention Registration 105

IPilogue

SEPTEMBER 17, 2021

The unfortunate reality for Lotas is that Nike has unlimited resources to take on nonstop litigation against designers, manufacturers, and distributors to protect their trademarks. Trademark Infringement – Nike v MSCHF. While progressive critics praised MSCHF’s devilish design, Nike sued MSCHF for trademark infringement.

Trademark 105

Trademark Branding Brands Branding 105

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may. What is Trademark Dilution?

Trademark 98

Trademark Registering Trademarks Trademark Law Branding 98

Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. The court explains: They describe steps in the process of fashion design and capture much (if not all) of the creative output that Gutman might produce in her role as a designer.

Social Media 105

Social Media Ownership Designs Design 105

Selvam & Selvam Blog

APRIL 1, 2025

Bose, represented by its authorized signatory in India, laid out a comprehensive case: Trademark Ownership: Bose is the registered proprietor of the trademark “BOSE” in India across several classes, including electronics, and has common law rights stemming from decades of use.

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Branding Brands Branding Registration 40

IPilogue

AUGUST 4, 2022

That marked the first time that the Court invalidated a trademark for reasons of bad faith per s. 18(1)(e) of the Trademarks Act (TMA). The following family of JU DIAN character trademarks have been heavily used in China to promote their restaurants. Background.

Trademark 114

Trademark Registration Designs Design 114

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

ccBill held that “intellectual property” meant only “federal intellectual property” because otherwise this exception would expose Internet services to heterogeneous state laws that they couldn’t manage. Facebook appeared first on Technology & Marketing Law Blog.

Intellectual Property 144

Intellectual Property Trademark Marketing Marketing 144

IPilogue

OCTOBER 19, 2021

The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. When it comes to food designs, how far can a trademark go? On September 28, 2021 , The Hershey Co.

Cease and Desist 105

Cease and Desist Branding Brands Branding 105

Kashishipr

SEPTEMBER 20, 2021

The label in question was designed by an employee of SK Oil Industries. On the other hand, the Trademark Law allows two or more registered owners or concurrent users of similar marks. It is also the successor of SK Oil Industries. Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work.

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Registration Artistic Work Copyright Registering Trademarks 98

Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 1125(c)(3)(A). 1125(c)(3)(A).

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Fair Use Trademark Cease and Desist Designs 130

Garrigues Blog

APRIL 16, 2024

The Supreme Court has delivered a judgment that bolsters copyright protection for works of applied art under criminal law: It sets an important precedent in Spain in distinguishing design as an art that deserves protection under both criminal as well as civil law.

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Art Artistic Work Law Designs 59