Technology & Marketing Law Blog

MARCH 7, 2022

Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. Legal Background: Registration. Unicolors, Inc.

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Technology & Marketing Law Blog

DECEMBER 11, 2023

Going forward, my advice to parodists who don’t want to be found to infringe trademarks: make sure your parody slaps everyone right in the face. This is not just a new standard in trademark law, but a new standard for this ancient and important literary form. Tam , 582 U.S. 218 (2017); Iancu v. Brunetti , 139 S. 2294 (2019).

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Kashishipr

SEPTEMBER 20, 2021

It further added that an individual could either own a registered trademark or copyright but not both. The argument that copyright protection and trademark registration were two different things and lacked connection and that an individual or entity couldn’t own both was wholly incorrect. Concluding Remarks.

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SpicyIP

FEBRUARY 4, 2025

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. The defendant had also applied for registration of ZEO and eZEO in Class 12. sued Mahindra Electric Automobile Ltd.

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Likelihood of Confusion

NOVEMBER 24, 2024

Republished by Blog Post PromoterWhen trademark lawyers — much less judges — use a word, it means just what they choose it to mean — neither more nor less. Originally posted 2021-04-13 10:40:33.

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azrights

NOVEMBER 17, 2021

Hence Pizza Hut is also a registered trademark. This combination of words with Pizza are sufficiently distinctive to qualify as trademarks, although these registrations do not stop other brands from using the words Hut or Express in their brand names. The post Distinctiveness in Trademark Law appeared first on Azrights.

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Kashishipr

MARCH 2, 2022

Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Therefore, we can say that failing to safeguard your registered trademark adequately would lead you at risk of forfeiting your exclusive rights.

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Kashishipr

SEPTEMBER 8, 2021

However, one should keep in mind that the Trademark Rights arise out of use or maintenance of the exclusive rights concerning some specific products or services. Trademark Registration provides the exclusive rights to the owner to pursue legal action in case of infringement. Generic Trademark. Scholastic Inc.

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Biswajit Sarkar Copyright Blog

JANUARY 10, 2023

What is a registration of trademark? Trademark registration is not a mandate under the Indian trademark law, however it is advisable to go for a registration for certain reasons. Under Section 31 , the registration certificate of the trademark serves as an evidence during infringement lawsuits.

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IP Tech Blog

FEBRUARY 27, 2023

The China National Intellectual Property Association (CNIPA) has recently published a draft amendment to the Chinese Trademark Law. If adopted in its current version and without further modifications, this amendment would have a considerable impact on many aspects of trademark law and practice in China.

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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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Kashishipr

NOVEMBER 2, 2022

Maintaining a Trademark Registration can indeed be challenging if you aren’t familiar with the Trademark Law. However, there exist some steps and guidelines you can take and follow to ensure your Registered Trademark remains protected and valid. Some Other Crucial Aspects to Keep in Mind.

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IP and Legal Filings

DECEMBER 17, 2024

Non-Conventional trademarks are full of potential but still present some unique challenges, especially in jurisdictions like India, which is in process of evolving & developing their legal framework to accept these novel identifiers. On the other hand, single colour trademarks are not specifically mentioned in the act.

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Intepat

MAY 29, 2024

It is a formal declaration of prior use, establishing the applicant’s claim to the trademark. This blog delves into the essentials of trademark user affidavits, highlighting their significance, the information they must contain, and best practices for drafting them to ensure a successful registration process.

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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. Therefore, if the hashtag is inherently distinctive, it would support and ease registration, and if not, additional efforts may be needed to amass publicity and extensive use.

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IP and Legal Filings

FEBRUARY 26, 2022

Instead of showing two or more letters as letters in and of themselves, the letters might be entwined or interwoven into a single device, formed into a monogram, which is prima facie registrable as a device. Registrability of letters or numerals as wordmark. Additionally, letter marks have an aspect of pronouncability.

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Intepat

SEPTEMBER 3, 2024

Trademarks are valuable IP assets, but the manual registration process may seem inefficient with AI revolutionizing this landscape by employing advanced tools, automating key steps from search to examination.

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Intepat

MARCH 13, 2025

In India, the Taj Mahal Palace Hotel in Mumbai was the first building in India to be trademarked by its owners, setting a landmark precedent for architectural protection under the trademark law. Trademarking of a building s design is a significant step in branding and marketing.

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azrights

MAY 3, 2022

Brand Tuned was a difficult book to write because although I had dealt with trademark registration and brand protection work, and had explored the concept of brand in my Legally Branded book, I didn’t have a deep understanding of it. Focus on Trade Mark Registration.

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JIPL Online

FEBRUARY 26, 2021

If the title sounds familiar, you are part of the reason Booking.com successfully trademarked “Booking.com” while paving the way for owners of similar marks to receive trademark protection. com” does not make “booking” non-generic for trademark registration when it becomes “Booking.com.” The Decision.

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Intepat

MARCH 25, 2025

POSSIBLE SOLUTIONS TO THE LEGAL CHALLENGES Protecting designer perfume brands from exploitation by dupes requires a multi-pronged approach to overcome current obstacles in trademark registration. CONCLUSION The rise of fragrance dupes highlights the vital role of trademark law in the protection of luxury perfume brands.

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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. Post-registration Office Actions will not be subject to this new deadline.

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IPilogue

DECEMBER 21, 2022

Tech giant Apple has recently filed a lawsuit against the United States Patent and Trademark Office (“USPTO”) and Director Kathi Vidal over the Office’s refusal to register Apple’s “SMART KEYBOARD” trademark based on genericness. Apple asks the district court to require USPTO to approve its SMART KEYBOARD mark registration.

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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. There is also no public interest in refusing the registration of the sign.

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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. The contributory trademark infringement claim survives a motion to dismiss.

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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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IPilogue

OCTOBER 18, 2022

TSR LLC’s position is that they are entitled to own and use both the word marks “TSR” (the name of the original company that published the first iteration of D&D) and “Star Frontiers”, since WOTC allowed registration in these marks to lapse in the 2000s. However, a proceeding like that between WOTC and TSR LLC can suggest otherwise.

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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.

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IP and Legal Filings

SEPTEMBER 10, 2024

So, in this blog, we will look through the most common mistakes that a person makes while filing a trademark and how to avoid them. Mistakes to prevent when filing for a trademark Selecting a Descriptive Mark or a Generic Mark: One of the most repeated mistakes is selecting a descriptive or a generic mark for goods & services.

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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?

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Technology & Marketing Law Blog

OCTOBER 17, 2022

GmbH has registered trademarks in the dictionary word “Emoji.” ” They mostly are a licensing organization, and their registrations are in a wide range of classes: “from articles of clothing and snacks to ‘orthopaedic foot cushions’ and ‘[p]atient safety restraints.'” –Emoji GmbH v.

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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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IP and Legal Filings

MARCH 28, 2024

The blog will address the legal protection of film titles and answer the big question of whether anyone can make another DDLJ. These registrations aid in allocating precedence. The problems arises that mere registration is not enough to grant legal protection, which is why the copyright becomes a necessity.

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SpicyIP

AUGUST 10, 2024

Recently Lupin Atlantis Holdings SA secured trademark registrations for three colour combinations for its inhalers. However, it is noteworthy that all the cited precedents had a distinctive niche in the market and they were well-known, a requirement under trademark law. Sabeeh Ahmad. (For The first (Application no.

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IPilogue

OCTOBER 19, 2021

Hershey’s Kisses trademark may not be considered inherently distinctive since Kisses look like any other chocolate chip on the shelf, making Hershey’s Kisses a descriptive good rather than a mark registrable on the USPTO’s Principal Register.

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Garrigues Blog

JANUARY 25, 2023

How does the registration process work? If everything is correct, the trademark is published in the Official Industrial Property Gazette (BOPI). If no oppositions are filed, the SPTO will check whether the trademark comes under any of the absolute grounds for refusal established in Trademarks Law 17/2001 (Trademarks Law).

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IP and Legal Filings

FEBRUARY 4, 2022

Introduction: The concept of comparing and considering a trademark in its entirety is a well-established tenet in trademark law. When a trademark is registered, it provides protection to the mark as a whole, even if it is a composite trademark with numerous aspects in it. Factual Background.

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