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Top Trademark Trends of 2021 (Meta TMA edition)

Erik K Pelton

For more, read the article Olivia Muller and I recently wrote for the American Bar Association: The Growing Threat of Trademark Scams. The biggest individual brand story of the year was Facebook’s announcement of its new META brand. NFT trademarks. Trademark filings related to non-fungible tokens (NFTs) exploded in 2021.

Editing 147
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Limited Edition Products: Can they be Protected under IP Law?

Kashishipr

Several times, we see that luxury brands come up with limited edition products, whether it is cars, watches, cosmetics, chocolates, electronics, etc., Protection for Limited Edition Products under Trademark Law. This issue was very recently seen in the case of the limited-edition Ferrari 250 GTO.

Editing 105
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10 Questions to Ask When Hiring a Trademark Lawyer

Erik K Pelton

The following is an edited transcript of Chapter 12 of my book video Building a Bold Brand: Using and Choosing Trademark Counsel I get asked all the time, “Can I file a trademark application by myself?” How do you keep abreast of developments in the field of trademark law? The simple answer is YES.

Trademark 130
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Brand Protection in the Metaverse: What Brands Need to Know

Corsearch

For brands and rights holders, these technologies mean a change in consumer behavior, a shift towards more immersive digital engagement with their customers, and an array of new business opportunities. However, we’re already observing complex IP and brand protection challenges, and it’s important businesses plan their strategies carefully.

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Hot Take on the Wavy Baby Decision (Guest Blog Post)

Technology & Marketing Law Blog

In the Vans case, the Vans sneaker company sued the Brooklyn art collective known as MSCHF (sound it out) after MSCHF sold a limited-edition shoe it called “ The Wavy Baby ” (depicted at right). MSCHF has frequently targeted major brands. But especially in a case of an alleged parody, that doesn’t answer the trademark use question.

Blogging 130
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What Is a Likelihood of Confusion

Erik K Pelton

The following is an edited transcript of my video, What Is a Likelihood of Confusion. A phrase that comes up all the time in several different aspects of trademark work is likelihood of confusion. This is a legal standard, but it is at the same time highly subjective. And I’m not saying that those are confusingly similar.

Trademark 147
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3D Shape Trademark on Cars

Kashishipr

Trademarks indicate the origin of a product. While they commonly consist of a brand name or logo, the shape of a product may also be an indication of its origin. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. Registration took two years.

Trademark 105