IPilogue

NOVEMBER 15, 2022

Does this count as an artistic expression protected under First Amendment rights of expression and speech, or is it a trademark infringement upon a beloved fashion icon? Catching wind of the furry MetaBirkin NFTs, Hermès filed a trademark infringement and dilution lawsuit against Mason Rothschild, the creator.

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Trademark Law Trademark Non-Fungible Tokens Law 105

Technology & Marketing Law Blog

DECEMBER 11, 2023

The Second Circuit stayed MSCHF’s appeal of the district court’s ruling that the Wavy Baby infringed Vans’ trademarks pending the Supreme Court’s decision in Jack Daniel’s v. 140 (2023), since that decision was expected to provide guidance to lower courts for resolving free speech defenses in trademark infringement cases. VIP Prods. ,

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Blogging Trademark Branding Brands 130

IP and Legal Filings

DECEMBER 3, 2024

New opportunities seemingly point to greater growth, but with it comes diffiernt challenges: how to protect such intellectual properties, especially trademarks. To secure a trademark in different legal jurisdictions is a time-, cost-, and process-draining exercise. Operational Mechanism of the Madrid Protocol 1.

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Registration Trademark Intellectual Property Brands 97

IP Tech Blog

FEBRUARY 27, 2023

Is this the time we can really see a change in the fight against Chinese trademark squatters, or are we just adding burdens to legitimate right holders? The China National Intellectual Property Association (CNIPA) has recently published a draft amendment to the Chinese Trademark Law.

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Trademark Trademark Law Registration Intellectual Property 113

Technology & Marketing Law Blog

OCTOBER 5, 2023

Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net. ” That’s true.

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Trademark Fair Use Trademark Law Branding 133

IP and Legal Filings

NOVEMBER 12, 2024

Introduction Registration of a trademark is an important step toward building a brand on solid ground. Lack of distinctiveness to incorrect classification are among the common errors that can bring derailment upon your trademark registration.

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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. Trademark Registration provides the exclusive rights to the owner to pursue legal action in case of infringement.

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Trademark Registration Brands Branding 105

Likelihood of Confusion

OCTOBER 21, 2024

Republished by Blog Post PromoterEver earnest and always thinking trademarkily, friend Erik Pelton proposes “Three Misconceptions about Trademarks”: Since I began working in the field of trademarks I have seen and heard a lot of myths and misconceptions about trademark protection.

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Trademark Blogging Trademark Law Law 84

Likelihood of Confusion

AUGUST 7, 2024

Republished by Blog Post Promoter A Century of Trademark Law: Looking Back and Looking Forward, a photo by Eric Goldman Mountain View on Flickr. Eric Goldman took this picture of me asking him my question during the “Century of Trademark Law” panel at INTA on Tuesday.

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Trademark Law Trademark Law Blogging 52

Technology & Marketing Law Blog

FEBRUARY 16, 2022

Edible Arrangements objected to Google selling its trademark to trigger keyword ads. They filed a trademark lawsuit in 2018 but abandoned the suit when it got sent to arbitration. However, Edible invoked theft law and disavowed consumer confusion. However, they didn’t give up! Conversion.

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IP Advertising Advertising Trademark Law 141

Kashishipr

MARCH 2, 2022

What happens after you get your mark registered as a trademark? Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Furthermore, it will also never enforce your trademark rights on your behalf.

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Registering Trademarks Trademark Registration Trademark Law 105

The IP Law Blog

NOVEMBER 10, 2022

Hermès is suing an artist for trademark infringement over his series of digital artworks called MetaBirkins. Scott Hervey and Josh Escovedo discuss the case on this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here. Watch this episode here:

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Blogging Artwork IP Law 104

SpicyIP

MARCH 3, 2022

We are pleased to bring you a guest post by Kedar Ganesh Dhargalkar, analysing the possibility of trademark protection for bodily features. Balasaheb Apte College of Law in Mumbai. His previous guest posts on the blog can be viewed here and here. Trademarking Signature Poses/Looks – A Progressive Protection of Individuality.

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Trademark Trademark Law Intellectual Property Advertising 122

Kashishipr

AUGUST 4, 2021

The presence of cryptocurrency is constantly growing, and therefore, it needs the law to transform along with it to address its administration and execution. Several courts have had trouble in applying substantive Trademark Law to this field of technology. Can Cryptocurrencies be Protected under the Trademark Law?

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Trademark Trademark Law Intellectual Property Ownership 105

Patent Trademark Blog

DECEMBER 7, 2022

What is the new deadline to respond to trademark Office Actions? When you’ve practiced trademark law long enough, you take certain things for granted. And, until recently, trademark Office Action deadlines were not extendable. When is the trademark extension request due? Things change.

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Trademark Blogging Registration Trademark Law 98

IP and Legal Filings

OCTOBER 28, 2023

Introduction The Trademarks Act of 1999 introduced trademark dilution. The use of trademarks helps a company set itself apart from its rivals’ products and services. A feature of trademark law known as trademark dilution gives the brand owner exclusive rights to the mark, providing them a strong and recognisable trademark.

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Trademark Registering Trademarks Trademark Law Branding 98

Kashishipr

DECEMBER 15, 2021

Trademarks indicate the origin of a product. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. A 3D shape cannot be registered as a trademark if the shape: Arises from the inherent nature of the object or goods; Provides a technical function; or.

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Trademark Intellectual Property Registration Design 105

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.

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Trademark Contracts Blogging Fair Use 115

Kashishipr

JANUARY 12, 2022

Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection. The trend of incentivizing hashtags as trademarks began way back in 2010, and since then, the filing of such Trademark Applications has spiked globally.

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Trademark Registration Registering Trademarks Social Media 105

Technology & Marketing Law Blog

JUNE 8, 2024

In an April 2023 summary judgment ruling , the plaintiff established that it “possesses the legally protectable, incontestable trademarks TEXAS TAMALE and TEXAS TAMALE COMPANY.” The court said that the trademark owner had been using the trademark since 1985 and registered the trademark in 2006. ” Uh oh.

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Trademark Advertising Advertising False Advertising 129

IP Tech Blog

APRIL 17, 2023

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. The draft Article 18 Trademark Law correctly removes the distinction between registered and unregistered well-known marks. For example, the actual art.

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Trademark Law Trademark Law Brands 57

The IP Law Blog

AUGUST 20, 2021

In this week’s episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the NCAA’s decision to petition a trademark held by a Urology office due to its alleged likeness to its own trademarks, ‘March Mayhem’ and ‘March Madness.’. Watch the full episode on the Weintraub YouTube channel, here.

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Trademark Blogging IP Law 104

Olartemoure Blog

FEBRUARY 3, 2023

La entrada Spanish trademark law reform se publicó primero en OlarteMoure | Intellectual Property.

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Trademark Law Trademark Law Intellectual Property 52

Technology & Marketing Law Blog

FEBRUARY 27, 2022

Trademark infringement 6. Dilution under Texas State Law 8. TPG’s use of trademarks seems consistent with that of every online travel agent. The Points Guy (Guest Blog Post) appeared first on Technology & Marketing Law Blog. In total, AA has alleged 12 legal claims: 1. Breach of Contract 2. Trespass 5.

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Cease and Desist Blogging Contracts Social Media 124

Kashishipr

NOVEMBER 3, 2021

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. What is Genericide of a Trademark? Genericide of a trademark occurs when it is reduced to a common term identifying a category of products.

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Trademark Brands Branding Branding 105

IP and Legal Filings

OCTOBER 26, 2023

Introduction Trademarks are an important division of Intellectual Property Rights (IPR) as it considerably contributes in identification and promotion of a product. A well- known trademark helps the consumers in spotting the difference between similar products by educating them about the product which results in informed choices.

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Cease and Desist Trademark Registering Trademarks Business 105

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

The IP Law Blog

SEPTEMBER 2, 2021

In this week’s episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a legal dispute between the Prince estate and an Ohio-based winery over the rights to the trademark “Purple Rain.”. Watch the full episode on the Weintraub YouTube channel, here.

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Trademark Blogging IP Law 109

Kashishipr

APRIL 27, 2022

With the increase in globalization and cross-border trade, intriguing types of trademarks are trending and have become a crucial tool to signify a company’s identity. Motion Trademarks in India. The most critical aspect that may be subject to the Trademark Protection of a motion mark is the succession of images in the said mark.

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Registration Trademark Brands Branding 105

Kashishipr

JUNE 4, 2021

Can we Trademark QR Codes? QR codes by themselves are unable to be trademarked since Trademark Law only covers the things that allow the public to identify your goods and services easily, such as names, logos, slogans, sounds, or colors. The post Can QR Codes be Trademarked? Judicial Viewpoint.

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Trademark Intellectual Property Registration Trademark Law 97

IP and Legal Filings

SEPTEMBER 10, 2024

Introduction A trademark is a symbol that differentiates one’s brand from another. A trademark is a symbol that can consist of a device, label, name, signature, combination of colors and much more. The process of filing for a trademark can be complex and making mistakes while filing can lead to delays or rejections.

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Trademark Cease and Desist Brands Branding 96

Kashishipr

AUGUST 18, 2021

What is Meant by a Family of Trademarks? Trademarks are distinctive marks, symbols, or labels used to differentiate goods belonging to one entity from that of another to avoid deception concerning the origin of those goods or services. Characteristics of a Family of Trademarks. I H W Management Limited DBA The Finchley Group.

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Trademark Registration Brands Branding 105

Likelihood of Confusion

MAY 15, 2023

Eric Johnson‘s Pixelization blog has a sweet insight into a sticky trademark mess that Hershey’s could be, theoretically, getting itself into: It’s a Hershey’s-brand three-compartment silicone muffin pan. The post Kissing trademark rights goodbye? appeared first on LIKELIHOOD OF CONFUSION™.

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Trademark Brands Branding Branding 92

The IP Law Blog

JANUARY 5, 2022

In this episode of The Briefing from the IP Law Blog , Scott Hervey and Josh Escovedo discuss a trademark dispute between UGG and an Australian shoemaker who attempted to sell a boot called “UGG”. Watch this episode on the Weintraub YouTube channel, here.

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Trademark Blogging IP Law 104

SpicyIP

MAY 18, 2022

Her previous posts on the blog can be viewed here, here , here , here and here. Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse. The views expressed in this post are personal. Aparajita Lath.

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Non-Fungible Tokens Trademark Artwork Art 122

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.

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