azrights

NOVEMBER 17, 2021

As trademarks give their owners a monopoly right to identify their products or services an important caveat about them is that they must be distinctive. For example, Pizza Express is trademarked. Hence Pizza Hut is also a registered trademark. That means the name would be incapable of functioning as a trademark.

Trademark Law 52

Trademark Law Trademark Law Branding 52

IPilogue

OCTOBER 17, 2022

Interestingly, Apple first filed the trademark for Dynamic Island with the Jamaican Intellectual Property Office (“JIPO”) back in July before filing it in the U.S. In this case, Apple filed the trademark application for Dynamic Island on July 12, 2022, in Jamaica, a member of the Paris Convention which recognizes the right of priority.

Trademark Law 119

Trademark Law Trademark Law Privacy 119

Olartemoure Blog

FEBRUARY 3, 2023

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

Trademark Law 52

Trademark Law Trademark Law Intellectual Property 52

Technology & Marketing Law Blog

APRIL 3, 2023

She writes and teaches in the trademark law area, and was one of the signatories of the First Amendment Professors amicus brief filed in Jack Daniel’s Properties, Inc. Jack Daniel’s contends this design infringes its trademarks and tarnishes its brand.

Blogging 113

Blogging Trademark Fair Use Trademark Law 113

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.

Trademark 91

Trademark Branding Branding Brands 91

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. ,

Blogging 124

Blogging Trademark Branding Branding 124

LexBlog IP

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.

Trademark Law 52

Trademark Law Trademark Law Branding 52

Above the Fold

FEBRUARY 11, 2024

I’ve seen plenty of blog posts and articles providing guidance about how to advertise today without running afoul of advertising and trademark law, and surely companies should adhere to that guidance, but it’s not nearly as interesting to post about as asking these questions.

Blogging 52

Blogging Advertising Advertising Trademark Law 52

LexBlog IP

FEBRUARY 11, 2024

I’ve seen plenty of blog posts and articles providing guidance about how to advertise today without running afoul of advertising and trademark law, and surely companies should adhere to that guidance, but it’s not nearly as interesting to post about as asking these questions.

Blogging 52

Blogging Advertising Advertising Trademark Law 52

JD Supra Law

JULY 27, 2023

Supreme Court held that the Lanham Act could not extend to trademark infringement that occurred almost entirely outside the United States. law, the rationale underlying its decision may complicate future U.S. trademark actions to stop foreign-sourced counterfeits. trademark actions to stop foreign-sourced counterfeits.

Trademark Law 52

Trademark Law Social Media Trademark Law 52

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.

Trademark 89

Trademark Cease and Desist Branding Branding 89

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.

Trademark 113

Trademark Trademark Law Registration Intellectual Property 113

Above the Fold

SEPTEMBER 29, 2023

With more individuals and businesses entering the cannabis sector, there has been an increased interest in what kind of trademark protections a cannabis business can obtain. To read more, you can access the article here.

Law 52

Law Trademark Law Trademark Blogging 52

Technology & Marketing Law Blog

MARCH 8, 2022

[Today, Betsy Rosenblatt, Rebecca Tushnet and I sent the following letter to Congress on behalf of 26 trademark academics (here’s a PDF version ). I explain my concerns with the SHOP SAFE Act in excruciating detail in this blog post from last year. For bonus coverage, see my blog post on the INFORM Act.]. * * *.

Trademark 138

Trademark Trademark Law Law Blogging 138

LexBlog IP

SEPTEMBER 29, 2023

With more individuals and businesses entering the cannabis sector, there has been an increased interest in what kind of trademark protections a cannabis business can obtain. To read more, you can access the article here.

Law 52

Law Trademark Law Trademark Blogging 52

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.

Trademark 93

Trademark Registering Trademarks Trademark Law Branding 93

The IP Law Blog

JANUARY 20, 2023

Trademarks perform a number of important functions. Scott Hervey and Josh Escovedo discuss the spectrum of trademark strength in this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here. Watch this episode here:

Blogging 52

Blogging Trademark Law IP 52

JIPEL Copyright Blog

DECEMBER 15, 2021

Trademark litigation in the fashion world is not a novel concept. For decades, Adidas has been engaging in a long list of trademark infringement cases in the US and across the world. Traditionally, trademarks and trade dress have been used to communicate price and quality information to a consumer about the goods they are purchasing.

Trademark Law 52

Trademark Law Marketing Marketing Trademark 52

Likelihood of Confusion

OCTOBER 8, 2024

Republished by Blog Post PromoterI wrote a couple of days ago — and once again got hit hard by a learned commenter who disagrees with my view of the matter — about the Second Circuit’s ruling in the Rescuecom v. appeared first on LIKELIHOOD OF CONFUSION™.

Art 52

Art Trademark Advertising Advertising 52

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.

Cease and Desist 105

Cease and Desist Trademark Registering Trademarks Business 105

The IP Law Blog

FEBRUARY 3, 2023

Scott Hervey and Josh Escovedo provide an overview of the trademark and copyright cases to watch on this episode of The Briefing by the IP Law Blog. Josh wrote about these cases on The IP Law Blog here. The Supreme Court will bring finality to several IP disputes this year. Listen to this podcast episode here.

Blogging 52

Blogging IP Law Trademark 52

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.

Trademark 98

Trademark Blogging Registration Trademark Law 98

Garrigues Blog

OCTOBER 22, 2024

Protecting fictional characters under intellectual property law is crucial given the economic and cultural value they can acquire. An example of this is the trademark “Pierre Cadault”, which monopolizes the name of the main character in Emily in Paris and was contested on the grounds of bad faith. Cancellation decision No.

Trademark 52

Trademark Registration Intellectual Property Social Media 52

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.

Trademark 130

Trademark Fair Use Trademark Law Branding 130

The IP Law Blog

MAY 12, 2023

Popular food chains Chipotle and Sweetgreen settled a trademark dispute relating to Sweetgreen’s use of ‘CHIPOTLE’ on its menu. Scott Hervey and Josh Escovedo talk about this dispute on this episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel.

Blogging 52

Blogging Trademark Law IP 52

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™.

Trademark 92

Trademark Branding Brands Branding 92

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:

Blogging 104

Blogging Artwork Law IP 104

The IP Law Blog

MARCH 31, 2023

The United States Patent and Trademark office has suspended action on trademark applications targeting the names of public figures. Scott Hervey and Josh Escovedo talk about this case on this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here.

Blogging 52

Blogging Trademark IP Law 52

The IP Law Blog

APRIL 14, 2023

The NFL and Las Vegas Raiders threatened to sue a local law firm for trademark infringement, after the firm hired one of its athletes to appear in an advertisement with black and silver branding. Scott Hervey and Josh Escovedo talk about this dispute on this episode of The Briefing by the IP Law Blog.

Blogging 52

Blogging Law IP Trademark 52

The IP Law Blog

JANUARY 13, 2023

An 11th Circuit Opinion in the ‘Floribama Shore’ trademark case provides guidance on establishing artistic relevance under the Rogers Test. Scott Hervey and Josh Escovedo talk about this case in this episode of The Briefing by the IP Law Blog. Listen to this podcast episode of here. Watch this episode here:

Blogging 52

Blogging Trademark Law IP 52

The IP Law Blog

MAY 26, 2023

Major League Baseball player Aaron Judge went before the Trademark Trial and Appeals Board to block a person’s attempt to secure trademark rights for slogans that play on his name. Scott Hervey and Josh Escovedo discuss this dispute on this episode of The Briefing by the IP Law Blog.

Blogging 52

Blogging Trademark Law IP 52

Likelihood of Confusion

AUGUST 17, 2024

Republished by Blog Post PromoterCan a building be a trademark? Can a photo of a building be a trademark? Can a drawing based on a photo of a building be a trademark? Originally posted 2010-08-17 18:21:16. I’d be inclined to answer no, no, maybe.

Trademark 52

Trademark Blogging Trademark Law Law 52

IP Tech Blog

AUGUST 11, 2023

The recent draft amendment of the Chinese trademark law seems to finally zero in on trademark squatters, as described in my previous blog here ). The new regulations, if approved as drafted, will make it more difficult for squatters to steal others’ trademark by abusing the first-to-file system in force in China.

Registering Trademarks 52

Registering Trademarks Trademark Trademark Law Law 52

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.

Blogging 98

Blogging Law IP Contracts 98

The IP Law Blog

NOVEMBER 23, 2022

A law firm has filed a trademark infringement lawsuit against its namesake. Scott Hervey and Josh Escovedo discuss this case in this installment of The Briefing by the IP Law Blog. Listen to this podcast episode here. Watch this episode here:

Blogging 52

Blogging Law Trademark IP 52

The IP Law Blog

JANUARY 6, 2023

The Supreme Court granted Jack Daniel’s petition for certiorari and will hear the trademark infringement case involving a parody dog chew toy that resembles the Jack Daniel’s Whiskey Bottle. Scott Hervey and Josh Escovedo discuss this latest development in this episode of The Briefing by the IP Law Blog.

Blogging 52

Blogging Trademark Law IP 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.

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Trademark Contracts Blogging Fair Use 105