Kashishipr

MAY 11, 2022

The single color or color combination of a product’s packaging can obtain Trademark Protection only if it is capable enough to be recognized by the general public as unique or belonging to a specific brand. It also encourages safeguarding the interests of the traders and consumers in the market. For more visit: [link].

Trademark Law 105

Trademark Law Trademark Law Branding 105

IPilogue

NOVEMBER 15, 2022

Hermès argued that Rothschild’s usage of “MetaBirkin” was akin to a trademark, namely to “brand a product line, and to attract public attention and signify source.” All eyes are on the court as they navigate this new digital terrain and attempt to balance the freedom rights of creators against the IP rights of consumer brands.

Trademark Law 105

Trademark Law Trademark Non-Fungible Tokens Law 105

Likelihood of Confusion

MARCH 29, 2025

Originally posted 2010-06-21 17:46:10.

Blogging 52

Blogging Branding Branding Brands 52

Intepat

MARCH 25, 2025

INTRODUCTION A distinct scent has immense recall value and the potential to become a powerful identifier of a brand. Several luxury brands, including Tom Ford, Chanel, and Dior, annually invest millions into developing and marketing their signature perfumes. billion in 2025.

Copying 59

Copying Branding Branding Brands 59

Technology & Marketing Law Blog

APRIL 3, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. 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.

Blogging 116

Blogging Trademark Fair Use Trademark Law 116

Intepat

FEBRUARY 3, 2025

Introduction Trademark law is mainly governed by two key principles: “first to file” and “first to use.” ” While countries like China focus on the “first to file” rule, India gives more importance to those who first use a trademark in the market. trademark law. Banff, Ltd.

Branding 59

Branding Branding Brands Trademark 59

azrights

NOVEMBER 17, 2021

The law is not there to reduce competition by giving a monopoly right over generic, common category terms and elements to a single brand owner. For example, Pizza Express is trademarked. Obviously, this doesn’t stop anyone else who sells pizza from using the word pizza to describe their offerings or as part of their brand names.

Trademark Law 52

Trademark Law Trademark Law Brands 52

SpicyIP

FEBRUARY 4, 2025

As discussed on the SpicyIP blog here , the first to use system allows an entity the right to continue usage of its mark as the rightful owner, even when it is registers the same later than affected party, owing to its active efforts in brand-building and marketing of such mark. sued Mahindra Electric Automobile Ltd.

Trademark 107

Trademark Marketing Marketing Trademark Law 107

Technology & Marketing Law Blog

FEBRUARY 27, 2022

TPG is a service built around the brand of a world-traveling man sipping champagne in first class, selling to the world his knowledge of the best rewards programs for credit cards and flights. That said, at least some of the issues raised by this lawsuit involve novel and interesting questions of law that have yet to be fully decided.

Cease and Desist 124

Cease and Desist Blogging Contracts Social Media 124

Technology & Marketing Law Blog

MARCH 8, 2022

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.]. * * *. academics with expertise in trademark law. The SHOP SAFE Act would do this by fundamentally changing trademark law. March 8, 2022.

Trademark 144

Trademark Trademark Law Law Blogging 144

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. This will enhance the chances of a brand to obtain a certain degree of well-known status recognition. There will be varying degrees of notoriety.

Trademark Law 57

Trademark Law Trademark Law Branding 57

Technology & Marketing Law Blog

FEBRUARY 16, 2022

.” In other words, they sought to establish (using centuries-old chattel-based theft doctrines rather than trademark law) that a trademark owner has the unrestricted right to shut down anyone using their trademarks, even if no consumers are harmed. to see if it could find some soft spot in Georgia state law.

IP 141

IP Advertising Advertising Trademark Law 141

Likelihood of Confusion

OCTOBER 28, 2024

Republished by Blog Post PromoterWho but the ultimate trademark pig the NFL would make unwilling third parties endorse their sponsors? The post The ugly side of branding appeared first on LIKELIHOOD OF CONFUSION™. Originally posted 2013-02-06 13:58:13. Makes me want to throw a SUPER BOWL PARTY!

Branding 52

Branding Brands Branding Blogging 52

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. It recognizes the corporate identity of the brand. To sell the product, using the brand name makes it a trademark. A great example here is Apple.

Trademark 105

Trademark Registration Branding Branding 105

IP and Legal Filings

DECEMBER 17, 2024

Non-conventional or Non-Traditional trademarks such as sounds, color, shape, scent or any other motion marks have emerged as a new innovative tools widely being used in the todays changing and competitive market era that redefine how brands connect with the public at large.

Trademark 52

Trademark Branding Branding Brands 52

JIPEL Copyright Blog

DECEMBER 15, 2021

While these cases exemplify the tension between different brands and their trademarks, they also allude to the growing misalignment between the luxury fashion industry and trademark law. Brands like Tide, Sharpie, and Nintendo sell at a premium because customers trust that they’re getting high quality products.

Trademark Law 52

Trademark Law Marketing Marketing Trademark 52

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. This will enhance the chances of a brand to obtain a certain degree of well-known status recognition. There will be varying degrees of notoriety.

Trademark Law 52

Trademark Law Trademark Law Branding 52

Biswajit Sarkar Copyright Blog

MAY 29, 2023

In the fast-paced world of business, where new brands emerge every day, protecting one’s intellectual property has become paramount. Trademarks play a crucial role in establishing brand identity and distinguishing products or services from competitors. What is a Trademark?

Intellectual Property 52

Intellectual Property Branding Branding Brands 52

Kashishipr

NOVEMBER 3, 2021

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. Simply put, trademark genericization is the death of the mark as it no longer acts as a source indicator of the brand owner.

Trademark 105

Trademark Branding Branding Brands 105

Technology & Marketing Law Blog

OCTOBER 5, 2023

Despite Emoji Company’s apparent confidence in the strength of its brand, the reality is that consumers looking to buy emoji-themed stickers are likely to search for the word “emoji.” This is not because they seek any Emoji-Company-branded products (licensed or otherwise). ” Trademark law does not restrict that usage.

Trademark 133

Trademark Fair Use Trademark Law Branding 133

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 Branding Brands 92

azrights

OCTOBER 18, 2021

Let’s begin by considering the terminology as it’s all too common when it comes to brands to find people have different meanings in mind. I’ll then explain the role of trademarks and why and how to be strategic with them. The Meaning of Brand. But brands have a third dimension or a third purpose. They save us time.

Branding 52

Branding Branding Brands Trademark 52

IPilogue

OCTOBER 21, 2022

Anita Gogia is a IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On May 25, 2021 the Japan Patent Office (JPO) granted Nobuaki Kurokawa a trademark for his apparel brand named “CUGGL” for class 25 (clothing and footwear). Unfortunately for Gucci, its claim was not successful.

Trademark 104

Trademark Branding Branding Brands 104

Intepat

MARCH 13, 2025

The integration of IoT-enabled designs and smart technologies adds another layer of complexity as the same would fall in the domain of patent law. Iconic buildings such as the Sydney Opera House in Australia and the Empire State Building in New York have been registered as trademarks within their national IP jurisdictions.

IP 52

IP Designs Design Artistic Work 52

Kashishipr

APRIL 27, 2022

During the filing of the trademark application for a motion mark, the applicant should ensure that the movements occurring in the mark should be represented in sequence as presented for the product or brand in question. The Indian Trademark Law and Motion Marks. For more visit: [link].

Registration 105

Registration Trademark Brands Branding 105

Intellectual Property Brief

APRIL 26, 2021

The increasing number of dog-related trademark claims raises an interesting question of brand collaboration. In the face of senseless litigation, brands should consider working with.

Trademark Law 52

Trademark Law Trademark Law Branding 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 96

Trademark Cease and Desist Branding Branding 96

Kashishipr

MARCH 2, 2022

On the other side, thorough Trademark Protection and effective market permeation can result in ‘genericide,’ which refers to any mark gaining so much prevalence that it becomes a generic reference for all products in the same vein. Escalator, Trampoline, and Aspirin – Do you know what all these brands have in common?

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

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.

Government 147

Government Business Trademark Blogging 147

IP Tech Blog

NOVEMBER 30, 2022

This ground-breaking decision heralds the expansion of traditional fair use defenses to any trademark infringement claims where a defendant’s conduct relates, in any way, to the broad category of activity considered “expressive” under the First Amendment. VIP Products LLC. Neither of these prongs is easy [for a plaintiff] to meet.”.

Branding 57

Branding Branding Brands Fair Use 57

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. 2010 (42) PTC 572 (Del.)

Trademark 98

Trademark Registering Trademarks Trademark Law Branding 98

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

IPilogue

FEBRUARY 8, 2023

Under the shopping category “ Silly Squeakers ”, VIP Products sells an array of dog toys that parody existing brands’ trademarks and trade dress including a Mountain Dew bottle that reads “ Mountain Drool ”, a Baileys bottle called “ Tailfleas ” and, the toy at issue, a nearly identical Jack Daniel’s Old No. Image from Jack Daniel’s U.

Trademark 125

Trademark Branding Branding Brands 125

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?

Trademark 105

Trademark Trademark Law Intellectual Property Ownership 105

IP Tech Blog

SEPTEMBER 7, 2023

Paolo will discuss how to protect your IP in China, sharing insights on the new trademark law proposal, as well as current counterfeiting trends and strategies for how to combat them. The in-person event will take place in Milan on October 12; details and registration are available here.

Intellectual Property 62

Intellectual Property Branding Branding Brands 62

JIPL Online

APRIL 7, 2021

ii] This blog post will (i) introduce the problem of counterfeit sports merchandise, (ii) provide a summary of trademark policy rationales and how they have been applied in the sports apparel context, and (iii) offer a proposed solution to the problem. In Scandia Down Corp. Euroquilt, Inc. ,

Marketing 98

Marketing Marketing Licensing Trademark Law 98

Kashishipr

JANUARY 12, 2022

Often, hashtags help businesses reach out to their target audience and connect with them, which may further help them attain and achieve goodwill and raise awareness about their brand. 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.

Trademark 105

Trademark Registration Registering Trademarks Social Media 105