The IPKat

DECEMBER 13, 2021

Louis-Michel enjoys researching Soviet brands The dispute arose when “ Krasny Oktyabr ”, a Russian confectionary company, registered an EU trade mark (EUTM) in Class 30 for a figurative sign representing a lobster. They are now commonly referred to as “Soviet brands”.

Branding 125

Branding Brands Branding Litigation 125

IP and Legal Filings

SEPTEMBER 12, 2024

Protection of trademarks is important for the following reasons: Preservation of brand identity Prevention of customer confusion Business investment protection Fair Competition Innovation in branding Famous infringement cases within the areas of intellectual property underline complex legal issues and stakes involved. Dongre and Ors.

Branding 98

Branding Brands Branding Trademark 98

Plagiarism Today

AUGUST 11, 2021

Earlier this week, independent fashion designer Bailey Prado took to Instagram to call attention to a different fashion label that, according to her, copied her “whole life.” ” Prado was talking about the “fast fashion” brand Shein. This has created a serious problem for many luxury designers.

Plagiarism 264

Plagiarism Designs Design Copying 264

Patent Trademark Blog

MAY 15, 2023

Why Amazon Sellers Should Care Amazon Brand Registry In order to ensure a smoother application process for Amazon Brand Registry, the most important thing to do is to derisk your trademark application with the USPTO. Need a registered trademark to maximize full benefits of Amazon Brand Registry? Then incorporate.

Branding 97

Branding Brands Branding Trademark 97

Nelligan Law

JULY 25, 2023

Created by the renowned toy company Mattel, Barbie has evolved from a simple fashion doll to a global cultural icon, and much of this success can be attributed to the power of its brand narrative. To maintain relevance, Mattel has continuously collaborated with renowned designers, celebrities, and influencers.

Branding 98

Branding Brands Branding Trademark 98

JD Supra Law

JULY 3, 2024

Creating new business and product names, designs, and logos is a daunting task to those looking to launch develop their brands. In addition to wanting something memorable and appealing, trademark attorneys recommend avoiding existing words or phrases in order to create something unique and distinctive within the relevant marketplace.

Branding 76

Branding Brands Branding Business 76

IP and Legal Filings

SEPTEMBER 20, 2023

Introduction An artist’s ideas, be it for a renowned painting, sculpture, novel, technological design, jewelryor fashion are his own. However, many a times, we witness these designs being copied or recreated. A copyright protection is the ability of a designer to protect his original designs through the copyright laws.

Designs 105

Designs Design Copyright Copyright Infringement 105

Corsearch

DECEMBER 10, 2024

These strategies are reshaping consumer perceptions of counterfeit goods and creating significant challenges for brand owners. This blog explores the threat of counterfeit hauls and livestreams, as first detailed in our Brand Protection: The Social Media Threat eBook.

Branding 52

Branding Brands Branding Social Media 52

Corsearch

NOVEMBER 6, 2024

In an environment where brands face escalating online threats and fragmented data, data-led insights empower teams to proactively identify risks, measure impact, and strengthen brand protection strategies. The modern challenges in brand protection Brand protection has evolved into a complex, high-stakes challenge.

Branding 59

Branding Brands Branding Marketing 59

Plagiarism Today

JANUARY 13, 2022

2: Designer for Poler Branding Sues the Outdoor Apparel Brand’s New Owner. According to the lawsuit, Poler and Land Art & Design had an oral agreement at Poler’s launch to allow for use of the designs in question. However, Poler went bankrupt in 2018 and was acquired by Pacific & Everest.

Settlement 172

Settlement Designs Design Licensing 172

Erik K Pelton

NOVEMBER 18, 2022

We love sunflowers at Erik M Pelton & Associates as a symbol of growth and renewal, and tie that into trademark and brand protection. It is found throughout nature—from the human body to plants—and creates structure and harmony intentionally by design. The golden ratio is also found in art, music, design and many other places.

Trademark 147

Trademark Branding Brands Branding 147

Plagiarism Today

FEBRUARY 2, 2022

First off today, Blake Brittain at Reuters reports that Sony Music and UK fitness apparel brand Gymshark have settled their lawsuit over Gymshark’s alleged use of Sony’s music in social media posts. Aldi briefly removed its version of the cake but began selling them again in May after making some design changes.

Social Media 201

Social Media Music Settlement Plagiarism 201

IP and Legal Filings

MAY 18, 2023

Introduction The Plaintiff asserted that its hipster whiskey bottle design, which was inspired by the shape of a smartphone and intended to fit into a hip pocket, was novel due to its rectangular shape, smooth rounded shoulders, V-shaped neck, rimmed rounded cap, and dimpled bottom.

Designs 97

Designs Design Art Trademark Law 97

Erik K Pelton

MAY 9, 2022

Non-traditional trademarks are those things that indicate the source of a brand, but are not brand names, logos, or slogans. Examples of those interiors are the Apple Store has a registration for the layout of the store, and Chipotle has a registration for the common design themes that you’ll find in nearly every Chipotle.

Trademark 189

Trademark Registering Trademarks Registration Designs 189

Olartemoure Blog

JANUARY 15, 2024

Bucket hat: The bucket hat’s resurgence can be linked to designers like Kangol. The brand popularized the hat in the ’80s and ’90s. Kangol holds trademarks on certain bucket hat designs, emphasizing the brand’s unique contributions to the hat’s popularity.

Branding 105

Branding Brands Branding Intellectual Property 105

JD Supra Law

JULY 2, 2024

Nike and Japanese fashion brand A Bathing Ape (BAPE) have settled a trademark infringement lawsuit over BAPE’s alleged on-again, off-again infringement of some of Nike’s most iconic sneaker designs. The settlement requires BAPE to discontinue some of its sneakers and redesign others. By: ArentFox Schiff

Trademark 118

Trademark Settlement Branding Brands 118

Erik K Pelton

AUGUST 20, 2024

The following is an edited transcript of Chapter 8 of my book video Building a Bold Brand: The Trademark Registration Process: A Long and Winding Road The trademark application process at the United States Patent and Trademark Office (USPTO) is generally long, complex, and full of deadlines. Search first. Think it through.

Registration 130

Registration Trademark Branding Brands 130

Plagiarism Today

JANUARY 11, 2023

3: Zara Sues “Responsible” Brand Thilikó for “Passing Off” Zara Wares, Photos as its Own. Zara, known as a “fast fashion” brand, is often in the defendant’s chair in such cases, accused of ripping off designs from pricier competitors.

Reporting 189

Reporting Plagiarism Branding Brands 189

IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. Image Sources : Istock] Metaverse- a Magnet to Fashion Brands Virtual worlds provide fashion brands with the opportunity to significantly cut down on the excessive resource consumption of lifestyle and create sustainability.

Law 104

Law Branding Brands Branding 104

The IPKat

MARCH 4, 2024

Both Nike and Jacquemus are brands retaining a remarkable legacy in the realm of fashion … and IP too. The bag was first launched on Jacquemus’ Instagram account and stirred an intense debate among the brands’ audience.

Copying 104

Copying Designs Design Branding 104

JD Supra Law

AUGUST 1, 2024

In today’s competitive market, the visual appeal and unique ornamental design of a product can be as crucial to its success as its name or functionality. One way to protect the look and feel of your company’s products is with a design patent. By: McAfee & Taft

Design Patent 69

Design Patent Designs Design Intellectual Property 69

Plagiarism Today

AUGUST 12, 2021

The 91-page report is part of an ongoing legal battle between Harrison/Erickson, a design firm that created the original Phanatic, and the Philadelphia Phillies baseball team. Harrison/Erickson created the original costume in 1978 and licensed its use until 2019, when negotiations broke down.

Advertising 246

Advertising Advertising Reporting Licensing 246

IP and Legal Filings

DECEMBER 3, 2024

This blog will examine the features, benefits, effective functioning, and strategies on how best to use the Madrid Protocol to protect the brand globally. Country Designations- Desires may be expressed by applicants as named member countries for which they seek trademark protection as ‘designated countries.’

Registration 94

Registration Trademark Intellectual Property Branding 94

Biswajit Sarkar Copyright Blog

NOVEMBER 1, 2023

The commencement of the Spring/Summer Fashion Week 2024 has seen luxury brands display their designs on the ramp again. Apart from designer clothes, this year also saw the debut of new signature colours of two beloved luxury brands-Burberry and Gucci. A colour, if distinctive enough can revolve the image of a brand.

Trademark 98

Trademark Branding Brands Branding 98

SpicyIP

NOVEMBER 30, 2024

Diplomatic Conference to Conclude and Adopt a Design Law Treaty – Plenary Sessions. It took nearly two decades of negotiation, but member states of the World Intellectual Property Organization (WIPO) have finally adopted the landmark Design Law Treaty (DLT) during the Diplomatic Conference in Riyadh on November 22.

Designs 59

Designs Design Law Intellectual Property 59

Erik K Pelton

APRIL 24, 2023

Non-traditional trademarks are some of the most interesting and fun topics to discuss in the world of brand protection. They’re not terribly common for most brands, and that’s part of what makes them interesting. Essentially, things that are not made up of logo designs or words. I want to focus on color trademarks.

Trademark 130

Trademark Registering Trademarks Branding Brands 130

JD Supra Law

JUNE 19, 2024

The Second Circuit issued a ruling on May 28, 2024, in a trade dress case, affirming the district court's decision that Redemption Whiskey diluted the trademark and trade dress rights of Bulleit Whiskey since Redemption's bottle resembled the design of the Bulleit's distinct canteen-shaped whiskey bottles. By: Baker Donelson

Designs 66

Designs Design Branding Brands 66

IP and Legal Filings

DECEMBER 16, 2024

The fashion industry sector extends beyond simple trademarks, such as logos or brand names, but rather includes characteristics, including colour palettes, product forms, or even the structure of physical store spaces. In an aesthetic-driven industry, these marks are very important for differentiating one brand from another.

Branding 52

Branding Brands Branding Designs 52

Olartemoure Blog

NOVEMBER 29, 2023

In the digital world, and working with visuals and sometimes with external brands, you navigate a potential minefield of IP risks. Build Trust: Registered content builds trust and credibility, making content more trustworthy for followers and brands. In the world of content creation, your originality is your superpower.

IP 105

IP Content Creation Intellectual Property Fair Use 105

The IPKat

OCTOBER 29, 2024

This is a review of “ Designs Law and Practice (3rd Edition) ” by RPC. Formerly published as Sykes: Intellectual Property in Designs, this is a substantially revised and updated new edition which aims to provide a comprehensive but practical reference source for the various IP rights protecting designs, with a focus on the United Kingdom.

Editing 67

Editing Designs Design Law 67

The IPKat

JULY 30, 2023

Over to Theodora: Second-hand fashion and trademark rights’ exhaustion under EU law, a guide for brand owners to “wear” this new trend by Theodora Goula Every day, more and more consumers are joining the second-hand fashion movement. Let’s start exploring the above issues from an EU perspective, aiming to give some guidance to brand owners.

Branding 97

Branding Brands Branding Advertising 97

The IPKat

NOVEMBER 9, 2021

The event was, as ever, chaired by PermaKat Prof Dr Eleonora Rosati together with Giulia Gasparin, and the calibre and range of the speakers was bound to result in lively discussion; with panellists from marketplaces such as Amazon, Zalando and Etsy engaging in discussion with brand and consumer voices as well as private practice lawyers.

Reporting 128

Reporting Law Due Diligence Branding 128

JD Supra Law

SEPTEMBER 16, 2024

Fiskars Finland OY AB and Fiskars Brands Inc. and its affiliated parties (“Woodland”), asserting design patent infringement, false advertising, trade secret. collectively, “Fiskars”) sued Woodland Tools Inc. By: Irwin IP LLP

Design Patent 66

Design Patent Patent Infringement False Advertising Designs 66

43(B)log

JULY 3, 2024

The solicitations included original clothing designs, lookbooks, and other promotional material meant to highlight the designer’s international acclaim in the fashion industry. Ultimately, the fashion conglomerate did not make time to meet with the designer or decide to work with her. any and all designers and stylists.”

Designs 64

Designs Design Copyright Infringement Marketing 64

SpicyIP

SEPTEMBER 3, 2024

These include musical compositions, artwork, photographs and designs that all contribute to the making of an advertisement campaign. Luxury brands like Louis Vuitton invest heavily in creating high-quality marketing materials that reflect their brand’s prestige and exclusivity. In Bright Lifecare Pvt.

Advertising 103

Advertising Advertising Copyright Branding 103

Dragons' Den

SEPTEMBER 21, 2023

In 2020, Ben launched his own trade marked brand called ‘Uptheir Clothing’. Now, having trade marked ‘Uptheir’ as a brand name, more than 90% of Ben’s products are ‘own brand’. This means more favourable margins by not having to pay other brands for use of their brand name. Can you tell me how that happened?

Branding 119

Branding Brands Branding Business 119

JD Supra Law

JULY 15, 2024

One month after the Federal Circuit altered the obviousness standard for design patents in a much-anticipated en banc decision in LKQ Corporation v. GM Global Technology Operations LLC, an Arizona federal judge in Cozy Comfort vs. Top Brand held that the revised test did not warrant a new trial on an $18.4

Design Patent 63

Design Patent Designs Design Patent 63