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The following is an edited transcript of Chapter 16 of my book video Building a Bold Brand: Monitoring for Infringers To maintain protection of a brand or a trademark, the owner must guard against unauthorized use or infringement. Search quarterly on those main sites for your trademark(s). Here are five excellent—and free!—resources
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.
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.
Republished by Blog Post PromoterNeil Melliship, Larry Munn and Karen Monteith of the IP department at Clark Wilson LLP, which is the finest in British Columbia that I am aware of, has unveiled its new Canadian TrademarkBlog. It has an excellent blogroll, I’ll tell you that.
My first trademark application was filed 25 years ago today on Dec. In those 25 years, I have filed more thousands of trademark applications for clients. I was a young entrepreneur building a new firm based on flat fees, efficiency, and exceptional services, with a website coded myself in HTML, and with experience as a USPTO examiner.
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.
Republished by Blog Post PromoterJohn Welch reports, at the TTABlog, about what you’d think would be a no-brainer: The Board affirmed a refusal to register the configuration shown below, for “electric skillets,” finding that Preston’s proof of acquired distinctiveness under Section 2(f) was inadequate.
What followed was the plaintiff seeking a permanent injunction, restraining the defendant from infringing and passing off its trademark. Well-Researched Bona fide Decision: The defendants adoption of the eZEO/ZEO marks followed thorough research on the Trademark Registrys Search Portal. Her previous posts can be found here.
A new report from the Department of Commerce, the agency of which the USPTO is a part, was released last week following its ” audit of the United States Patent and trademark Office’s (USPTO’s) efforts to improve the accuracy of the trademark register” that began in April of 2020. counsel rule.
Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. Key takeaways from the meeting and published materials will be summarized in our Three-Part Blog Series. On September 22, 2022, the U.S. Part Two – Landscape of AI in Biotechnology.
Republished by Blog Post PromoterThe NFL is a lot of things, but I never thought it was stupid. Originally posted 2014-11-17 17:55:38. It turns out that it isn’t.
Recently, USPTO Commissioner for Trademarks David Gooder wrote on the USPTO Director’s Forum Blog that registrations for U.S. trademarks are up 63% from the same period in 2020. The USPTO received over 92,600 trademark applications in December 2020 alone. First Action Pendency (months) in Q1 of 2020 was 2.8
Republished by Blog Post PromoterWe reported on Lego’s overreaching years ago here and here. They tried to use trademark rights as a way to protect the design of their toy and avoid competition. But that is not what trademarks are, much less what they are for. Originally posted 2014-02-26 09:43:40.
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. Under Rule 2007 of IPR Rules, trademarks can be recorded with customs authorities.
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. VIP Products says its dog toy parody is expression protected by the First Amendment.
Republished by Blog Post PromoterAnother not-safe-for-work story is out there about a trademark registration denied under Section 2(a) of the Lanham Act as “immoral or scandalous.” Originally posted 2013-09-28 21:24:28. ” John Welch and Marc Randazza address the issue brilliantly here and here.
Even if there have been some measures to stop, punish, and prevent scammers preying on trademark filers at the USPTO over the last year, it is not enough. I get multiple calls, emails, and comments on blog posts asking about the trademark scams every week. More must be done. Each time someone falls prey: People are being duped.
Republished by Blog Post PromoterI’ve written so much, for so long, about the branding and trademark adventures — overwhelmingly unhappy ones — of Starbucks that I’ve pretty much run out of ways of starting blog posts such as this one. (See Originally posted 2015-07-20 14:36:07.
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.
Are we talking about real or theoretical trademark confusion? What makes one trademark too similar to another? When you are thinking of a new product name to apply for, how do you avoid choosing a mark that might get rejected for being confusable with other trademarks? Need to apply for a trademark that avoids confusion?
The following is an edited transcript of my video, 50 Ways to Use Your Trademark. Clients ask all the time, “Now that I’ve got my trademark protected or registered, how do I use it? There are many different places and ways to use your trademarks. I’ve got 50 Ways to Use Your Trademark. Where do I use it?”
Nike, the footwear powerhouse, has stepped up as the self-appointed referee, claiming Ciambrones custom designs are playing too close to their trademarked goalposts. Nikes lawsuit alleges that the Shoe Surgeons custom designs infringe on their trademark rights. Is Nike safeguarding its legacy, or is this a step too far?
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. ,
[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.]. * * *.
Republished by Blog Post PromoterBad feelings from (not so?) Just how much should trademark registration reflect personal, national, or ethnic sensibilities? The post Politically incorrect trademarks, continued appeared first on LIKELIHOOD OF CONFUSION. Originally posted 2014-07-24 15:34:57. This question continues to linger.
Republished by Blog Post PromoterIt is so tiring. Taylor Swift abusing trademark, again, of course. Originally posted 2017-09-25 12:32:49. But that, to some extent, is what they’re counting on.
We are pleased to release our new TRADEMARKIVE. Trademarkive? is a one-stop resource for all things trademark. We have curated this content from hundreds of EMP&A videos, podcasts, blog posts, visuals, books, and more — created over more than a decade. Why register a trademark. Trademark infringement.
Was your trademark application rejected again? It can be frustrating to receive a second refusal in your trademark application. Let’s explore smarter options when your trademark application is rejected again. Need to overcome a second trademark rejection? Trademark rejected again for being merely descriptive?
Republished by Blog Post Promoter A week or so ago it was the sad story of Jimi Hendrix on the bottle. Now the TTABlog reports on another famous-dead-guy-as-booze-trademark case: Applicant Anatoliy Bondarchuk failed to fend off a petition for cancellation of his registration of the mark MARC CHAGALL for vodka.
Republished by Blog Post PromoterDespite the impression you might get around here, being a big company doesn’t mean you have to always be wrong — or even always be the pursuer — in an IP dispute. Trademark, no. appeared first on LIKELIHOOD OF CONFUSION.
The Centre for Intellectual Property Research and Advocacy [CIPRA] of Symbiosis Law School, Hyderabad is organizing its first blog writing competition in collaboration with us on the theme of Literature, Journalism and IP. The top two entries will be awarded with some cash prizes and also with a chance to be published on the blog!
Republished by Blog Post Promoter Yes, it’s another pop star seeking to assert digital trademark rights. Originally posted 2017-06-14 11:52:04. ” As you’d […] The post Gene Simmons gives the fingers to the PTO appeared first on LIKELIHOOD OF CONFUSION™.
The following is an edited transcript of my video Trademark Applications: What You See vs. What You Don’t. What I mean is that for every trademark that got developed and applied for, someone or some business had to choose a creative name. It isn’t magic to apply for and get a trademark application. What do I mean by that?
. ” Last month, in one of them, I filed a declaration stating that “Emojico appears to be running a trademark trolling operation.” has trademark registrations in a popular dictionary word, “Emoji.” GmbH as a Possible Trademark Troll appeared first on Technology & Marketing Law Blog.
Patent and Trademark Office (USPTO) will require all trademark filers to verify their identities in order to file electronic trademark forms. The move comes as an attempt to stop trademark scam entities and was announced in a blog post penned by USPTO Director Kathi Vidal and Commissioner for Trademarks David Gooder last week.
However, VeePN distinguished itself by actively promoting the use of its services for the purpose of piracy, including promoting the use of Popcorn Time in a blog post. This caused a group of rightsholders, including the individual who registered the trademarks for Popcorn Time, to file a lawsuit.
Republished by Blog Post Promoter Mommy’s Time Out wine, a photo by Ron Coleman on Flickr. And after all the vino I’ve downed in the last […] The post Mommy’s trademark infringement appeared first on LIKELIHOOD OF CONFUSION™.
Republished by Blog Post PromoterIt’s an art, not a science — like all litigation — and despite the best advice, well… there are some things, many of them in robes, you just can’t account for. But still, why not at least get the best advice?
Republished by Blog Post Promoter An odd little display at a garden center in Clifton, New Jersey. The post Trademarks of yesterday appeared first on LIKELIHOOD OF CONFUSION™. Originally posted 2011-05-03 23:40:13.
Abstract In the changing landscape of intellectual property law, Trademarks have gone beyond the traditionally used symbols, names, logos to enhance the non-traditional identifiers. Unlike conventional trademarks that primarily use visual elements, non-conventional trademarks engage multiple senses to foster brand recognition.
Republished by Blog Post PromoterThis item came across the ether yesterday: RT @adage: Edible 3-D food printing becomes a reality at Hershey [link] pic.twitter.com/LVWDV2ioe2 — Likelihood TM Blog (@likely2confuse) January 29, 2015 Adorable. Originally posted 2015-01-30 12:02:44. appeared first on LIKELIHOOD OF CONFUSION™.
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.
Republished by Blog Post Promoter The post Today in trademark appeals appeared first on LIKELIHOOD OF CONFUSION™. Below is the case (UPDATE: audio of the argument here): UPDATE: Decision here — vacated and remanded. winning Originally posted 2020-04-27 14:57:48.
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