Likelihood of Confusion

OCTOBER 13, 2021

I have no problem using the TTABlog for a blog launching point every week. The post Best of 2013: WAL-ZYR versus ZYRTEC: Allergic to legislating trademark law? First published February 14, 2013. Why would I when I can riff on a post such. appeared first on LIKELIHOOD OF CONFUSION™.

Trademark Law 96

Trademark Law Trademark Law Blogging 96

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.

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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.]. * * *.

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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? Catching wind of the furry MetaBirkin NFTs, Hermès filed a trademark infringement and dilution lawsuit against Mason Rothschild, the creator.

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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.

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Blogging Trademark Fair Use Trademark Law 116

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.

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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. ,

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Blogging Trademark Branding Branding 130

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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Blogging Trademark Trademark Law Registration 98

Likelihood of Confusion

FEBRUARY 10, 2025

Republished by Blog Post PromoterFrom Dennis Crouch: Carl Oppedahl lost his case to register themark patents.com. However, that setbackdid not dissuade him from continuing to push against trademark law limitations. Recently, the USPTO issued a trademark registration certificate for his sensory mark.

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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.

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Blogging Registration Reporting Trademark 98

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.

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Trademark Trademark Law Registration Intellectual Property 113

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. To sell the product, using the brand name makes it a trademark. Trademark Registration provides the exclusive rights to the owner to pursue legal action in case of infringement.

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Trademark Registration Branding Branding 105

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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Trademark Fair Use Trademark Law Branding 133

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

IP and Legal Filings

DECEMBER 17, 2024

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.

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Trademark Branding Branding Brands 52

Kashishipr

MARCH 2, 2022

What happens after you get your mark registered as a trademark? Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Furthermore, it will also never enforce your trademark rights on your behalf.

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Registering Trademarks Trademark Registration Trademark Law 105

SpicyIP

MARCH 3, 2022

We are pleased to bring you a guest post by Kedar Ganesh Dhargalkar, analysing the possibility of trademark protection for bodily features. Balasaheb Apte College of Law in Mumbai. His previous guest posts on the blog can be viewed here and here. Trademarking Signature Poses/Looks – A Progressive Protection of Individuality.

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Trademark Trademark Law Intellectual Property Advertising 122

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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Trademark Trademark Law Intellectual Property Ownership 105

Technology & Marketing Law Blog

FEBRUARY 16, 2022

Edible Arrangements objected to Google selling its trademark to trigger keyword ads. They filed a trademark lawsuit in 2018 but abandoned the suit when it got sent to arbitration. However, Edible invoked theft law and disavowed consumer confusion. However, they didn’t give up! Conversion.

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IP Advertising Advertising Trademark Law 141

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.

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Trademark Registering Trademarks Trademark Law Branding 98

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:

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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. The trend of incentivizing hashtags as trademarks began way back in 2010, and since then, the filing of such Trademark Applications has spiked globally.

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Trademark Registration Registering Trademarks Social Media 105

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.

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Trademark Blogging Registration Trademark Law 98

Likelihood of Confusion

JANUARY 7, 2025

Originally posted 2014-04-09 07:50:34.

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Trademark Blogging Branding Branding 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. What is Genericide of a Trademark? Genericide of a trademark occurs when it is reduced to a common term identifying a category of products.

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Trademark Branding Branding Brands 105

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 115

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

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.

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Cease and Desist Trademark Registering Trademarks Business 105

The IP Law Blog

AUGUST 20, 2021

In this week’s episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the NCAA’s decision to petition a trademark held by a Urology office due to its alleged likeness to its own trademarks, ‘March Mayhem’ and ‘March Madness.’. Watch the full episode on the Weintraub YouTube channel, here.

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Trademark Blogging IP Law 104

Technology & Marketing Law Blog

JUNE 8, 2024

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.

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Technology & Marketing Law Blog

FEBRUARY 27, 2022

Trademark infringement 6. Dilution under Texas State Law 8. TPG’s use of trademarks seems consistent with that of every online travel agent. The Points Guy (Guest Blog Post) appeared first on Technology & Marketing Law Blog. In total, AA has alleged 12 legal claims: 1. Breach of Contract 2. Trespass 5.

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Cease and Desist Blogging Contracts Social Media 124

Kashishipr

APRIL 27, 2022

With the increase in globalization and cross-border trade, intriguing types of trademarks are trending and have become a crucial tool to signify a company’s identity. Motion Trademarks in India. The most critical aspect that may be subject to the Trademark Protection of a motion mark is the succession of images in the said mark.

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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.

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Blogging Law IP Contracts 98

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. The post Can QR Codes be Trademarked? Judicial Viewpoint.

Trademark 97

Trademark Intellectual Property Registration Trademark Law 97

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

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.

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The IP Law Blog

SEPTEMBER 2, 2021

In this week’s episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a legal dispute between the Prince estate and an Ohio-based winery over the rights to the trademark “Purple Rain.”. Watch the full episode on the Weintraub YouTube channel, here.

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