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? Nancy Chen is an IPilogue Writer and a 2L JD/MBA Candidate at the University of Toronto. Imagine a Birkin bag – an iconic, timeless piece that arguably embodies luxury.

Trademark Law 105

Trademark Law Trademark Non-Fungible Tokens Law 105

IP and Legal Filings

JANUARY 8, 2025

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.

Trademark 59

Trademark Law Trademark Law Intellectual Property 59

Likelihood of Confusion

DECEMBER 21, 2024

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.

Blogging 97

Blogging Trademark Reporting Designs 97

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.

Trademark 84

Trademark Blogging Trademark Law Law 84

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

Technology & Marketing Law Blog

FEBRUARY 27, 2022

Courts need to get wise that what’s really happening here is incumbents are leveraging things like trademark law, the CFAA, and the law of online contracts to avoid competition on the internet. The Points Guy (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Cease and Desist 124

Cease and Desist Blogging Contracts Social Media 124

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.

Trademark Law 52

Trademark Law Trademark Law Blogging 52

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.

Blogging 98

Blogging Trademark Trademark Law Registration 98

IP and Legal Filings

NOVEMBER 12, 2024

One of the most effective ways to protect your brand and all that it owns, including distinctive features, is through the registration of a trademark. Trademark law grants legal protection of your business name, logo, or slogan against other individuals using the same with regard to protection over intellectual property.

Trademark 97

Trademark Branding Brands Branding 97

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

IP and Legal Filings

DECEMBER 3, 2024

To secure a trademark in different legal jurisdictions is a time-, cost-, and process-draining exercise. Madrid Protocol provides a simplified mechanism towards even more unifying international registration for trademarks to overcome such hurdles. To get a complete benefit of the Madrid Protocol, companies need to be strategic.

Registration 97

Registration Trademark Intellectual Property Brands 97

Likelihood of Confusion

JANUARY 22, 2025

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.

Blogging 98

Blogging Registration Reporting Trademark 98

The IP Law Blog

DECEMBER 2, 2022

Scott Hervey and Josh Escovedo discuss the dispute on this episode of The Briefing by the IP Law Blog. Vogue Magazine is suing 21 Savage and Drake after they created mock Vogue Magazines to market their new album. Listen to this podcast episode here. Watch this episode here:

Blogging 98

Blogging Marketing Marketing IP 98

Likelihood of Confusion

JANUARY 25, 2025

Republished by Blog Post PromoterSee, we don’t agree with Public Citizen all the time! court of appeals Wednesday to reject jewelry-maker Tiffany’s attempt to rewrite trademark law and create new barriers for […] The post EFF backs eBay in Tiffany spat appeared first on LIKELIHOOD OF CONFUSION.

Trademark Law 52

Trademark Law Blogging Trademark Law 52

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. The draft Article 18 Trademark Law correctly removes the distinction between registered and unregistered well-known marks. For example, the actual art.

Trademark Law 57

Trademark Law Trademark Law Branding 57

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 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

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

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

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).

Copyright 119

Copyright Trademark Law Publishing Copyright Infringement 119

Technology & Marketing Law Blog

MARCH 7, 2022

For more details, see the section “A Brief History of Copyright Registration” in my previous blog post.). 881 (2019), and my previous blog post. H&M (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Nonetheless, the 1909 Act required that the work be registered with the U.S.

Registration 98

Registration Blogging Copyright Designs 98

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.

Trademark Law 111

Trademark Law Trademark IP Blogging 111

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 and Legal Filings

JANUARY 27, 2025

This blog seeks to examine the relationship between AI and IPR and identify critical areas of discussion, conflict, and appropriate strategy within the expanding rubric. Artificial intelligence in this century is extending its enhancement across industries, from healthcare to entertainment.

Intellectual Property 101

Intellectual Property Designs Design Licensing 101

JD Supra Law

JULY 27, 2023

law, the rationale underlying its decision may complicate future U.S. trademark actions to stop foreign-sourced counterfeits. By: Pillsbury - Internet & Social Media Law Blog While it is not surprising that the Court adhered to the longstanding presumption against extraterritorial application of U.S.

Trademark Law 52

Trademark Law Social Media Trademark Law 52

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

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

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

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

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

The IP Law Blog

JUNE 9, 2023

Scott Hervey and Tara Sattler talk about the protectability of short phrases on this episode of The Briefing by the IP Law Blog. While iconic catchphrases from TV and film can hold significant equity, protection of them can be spotty. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here.

Blogging 52

Blogging Law IP Trademark Law 52

Likelihood of Confusion

OCTOBER 25, 2024

Republished by Blog Post PromoterPresident Obama is suffering from the right-of-publicity blues again. A blog called Cloned In China explains it […] The post Don’t bother, they’re here appeared first on LIKELIHOOD OF CONFUSION™. Originally posted 2013-01-08 13:57:37.

Intellectual Property 52

Intellectual Property Blogging Fair Use Branding 52

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.

Trademark 113

Trademark Trademark Law Registration Intellectual Property 113

The IP Law Blog

JANUARY 27, 2023

Scott Hervey and Josh Escovedo talk about the importance of this review on this episode of The Briefing by the IP Law Blog. Read Scott’s article about IP asset reviews on the IP Law Blog here. The start of a new year is a good opportunity for companies to review and take stock of their intellectual property assets.

Blogging 52

Blogging IP Law Intellectual Property 52

The IP Law Blog

MARCH 3, 2023

Rothschild found the artist’s ‘MetaBirkin’ NFTs constitutes trademark infringement and trademark dilution. 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. Watch this episode on the Weintraub YouTube channel here:

Blogging 52

Blogging Law IP Trademark 52