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February 6, 2025 Erik M Pelton & Associates, PLLC (EMP&A), a leading trademarklaw firm dedicated to protecting brands, is proud to announce the successful registration of U.S. The newly patented software enhances efficiency, accuracy, and client service by automating key aspects of the trademark management process.
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. A good trademark should be imaginative or symbolic.
This is a book review of The Future of IntellectualProperty , edited by Daniel J. Underwood Chair in Law at Vanderbilt University Law School, US. In the introduction, Gervais explains that the approach to discussing IP law reform taken in this edited collection is considering both primary and secondary level reform.
New opportunities seemingly point to greater growth, but with it comes diffiernt challenges: how to protect such intellectualproperties, especially trademarks. To secure a trademark in different legal jurisdictions is a time-, cost-, and process-draining exercise.
AI and the Global IP System We need a worldwide intellectualproperty (IP) structure that encourages innovation and invention if we are to benefit from generative AI. When the present intellectualproperty system was developed, innovation was more sluggish and concentrated on human creativity.
Nonetheless, the Canadian IntellectualProperty Office notes that those in the jewellery industry may be granted industrial design registrations, offering a different kind of intellectualproperty protection. where original jewellery designs are automatically protected under copyright law as sculptural or pictorial works.
Introduction Customs law and trademarklaw operate at a crucial interface when it comes to protecting intellectualproperty rights (IPRs) and against counterfeiting. The Trademarks Act, 1999, gives trademark protection to the identity of brands.
Though many important decisions people make when creating a new brand identity are intellectualproperty decisions, IP lawyers are rarely involved in the naming and brand creation process. . As a trademark lawyer, I began to ask myself why? There are a wide range of companies offering branding services.
StockX, LLC, Nike filed a trademark infringement lawsuit against StockX, LLC, an online resale sneaker retailer, in February 2022 in the U.S. This case is an important one to follow because it will likely shape the course of how intellectualpropertylaw will apply to non-fungible tokens (NFTs).
INTRODUCTION A distinct scent has immense recall value and the potential to become a powerful identifier of a brand. Several luxury brands, including Tom Ford, Chanel, and Dior, annually invest millions into developing and marketing their signature perfumes. billion in 2025. billion in 2025.
We are pleased to announce that registration for the free Certificate Course in Application of IntellectualProperty Rights for Startups and Entrepreneurship is currently open. About IntellectualProperty Rights Intellectualproperties are the manifestation of digital revolution that fuels 21st century technologically-driven economies.
Trademarks are very important business assets because they distinguish products and embody reputation. Such disputes, very often setting important legal precedents, influence trademark protection and enforcement globally. It underlined brand recognition as borderless in the modern age. [6] Dongre and Ors. V Whirlpool Co.
Delta Faucet Company , a prominent manufacturer of kitchen and bathroom fixtures, alleges that Justin and Andrew Bundrick engaged in unauthorized sales of Delta-branded products via Amazon storefronts SummitMerch (previously BunjiSolutions) and A.B.Sales . Continue reading
In the fast-paced world of business, where new brands emerge every day, protecting one’s intellectualproperty has become paramount. Trademarks play a crucial role in establishing brand identity and distinguishing products or services from competitors. What is a Trademark?
The single color or color combination of a product’s packaging can obtain Trademark Protection only if it is capable enough to be recognized by the general public as unique or belonging to a specific brand. It also encourages safeguarding the interests of the traders and consumers in the market. For more visit: [link].
As a plant intellectualproperty nerd , this Kat was delighted to get her hands on the new book IntellectualProperty and the Design of Nature (Oxford University Press, 2023), edited by Jose Bellido and Brad Sherman. yet this relationship has received very little attention.
All of these bring a new dynamism with them and, inevitably, challenges–and opportunities–in the field of intellectualproperty, most particularly trademarks. As such, fundamentally trademarks serve the following two purposes: They help consumers identify what products are produced for.
But have you ever considered the intellectualproperty aspects surrounding tattoos? THE ART OF TATTOOING AND COPYRIGHT Tattoos are protected by copyright laws as original works of art. TRADEMARKS AND TATTOOS Tattoos can also intersect with trademarklaw.
As intellectualpropertylaws evolve, accommodating unconventional trademarks becomes pivotal, highlighting their growing commercial and legal significance in a highly competitive and creative global economy. The concept of unconventional trademarks has a relatively short history. Pawan Kumar case.
Introduction Before hunting into the intricacies of IntellectualProperty Rights (IPR) in the metaverse, it is essential to know what the metaverse entails. In the metaverse and physical world, the notion of IntellectualProperty Rights (IPR) has a murky image.
To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademarklaw apply to costumes. IntellectualProperty Trouble from Costumes. For the most part, these issues of copyright and trademark are only really relevant to those that make and sell costumes.
From a trademark agents perspective, this is like watching someone try to recreate the Mona Lisa with finger paintsclumsy, misguided, and an insult to the original. Herms has meticulously curated its brand as the zenith of luxury, the champagne-soaked pinnacle of exclusivity. Trademarklaw exists to prevent exactly this kind of chaos.
Introduction Trademarklaw 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. trademarklaw. Banff, Ltd.
In this sector, intellectualproperty (IP) regulations are essential for defending the rights of inventors, artists, and producers. The media and entertainment business has experienced exponential growth, making it imperative to comprehend the significance that intellectualproperty rights play in this domain.
Against the backdrop of Atlanta's vibrant culture and dynamic business environment, attendees can expect a diverse lineup of speakers, interactive workshops, and insightful sessions covering the latest trends and developments in trademarklaw, brand protection, and intellectualproperty.
As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademarklaw, even if they are not strictly prohibited. 4] Section 9(2)(b) of the Indian Trademarks Act, 1999. [5] In Parul Food Specialities Pvt.
This case highlights the intersection of trademarklaw and e-commerce regulation, raising questions about the accountability of online marketplaces in protecting brand integrity. of facilitating the sale of counterfeit BHPC products, tarnishing the brands image and causing substantial financial loss. crore (USD 33.78
As the renewable energy sector continues to experience significant growth and attract emerging companies, it becomes essential for entrepreneurs and business owners to understand the legal landscape surrounding trademarks and potential bankruptcy issues. By: Foley & Lardner LLP
Fundamentals concerning this trend’s effects on consumer perceptions, intellectualproperty rights, and brand integrity are brought up. Although they provide more affordable options, knockoffs and counterfeiting present a problem for luxury brands and designers who want to safeguard their creative investments.
5 Proven Steps to Protect Your IntellectualProperty in 2025 In a world where ideas are currency, protecting intellectualproperty (IP) has ne ver been more critical. While intellectualpropertylaw can be complex, following a structured approach can help secure your ideas and prevent misuse.
Trademarks are traditionally considered to be connected with visual elements that include logos, brand names, as well as packaging however, the field of trademarks has widened and it includes non-traditional marks, such as smells, sounds, colors etc. Iconic scents like Chanel No. Iconic scents like Chanel No.
In the ongoing digital era, social media is gaining more publicity with each passing day, thereby putting content creators and social media influencers at risk of legal concerns about IntellectualProperty Rights (IPRs). Domain Names – A domain name, in simple terms, refers to the online identity of a brand or business.
Abstract This paper delves into the profound integration of artificial intelligence (AI) into contemporary life and its impact on intellectualproperty rights (IPR). Analyzing the convergence of AI and IPR laws, it elucidates the challenges and ambiguities in recognizing AI as inventors or creators.
The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and IntellectualProperty on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.
IntellectualProperty Rights (IPR) are crucial for fostering innovation and protecting the rights of creators and businesses. This article explores the limitations on the use of political party symbols in India, examining relevant case laws and principles under intellectualpropertylaw.
A basic understanding of IntellectualProperty (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. “Trade dress” is a subsection of trademarklaw and protects the design and shape of a product or its packaging, again to identify the source of the product.
Since FinTech is a dynamic concept and originated from the intellectual labour of its creator, the chief question running in the minds of stakeholders is “How to protect their work from copying”? To solve this problem, various countries have inducted its shielding in their national IntellectualProperty Rights [“IPR”] policies.
Abstract In the changing landscape of intellectualpropertylaw, Trademarks have gone beyond the traditionally used symbols, names, logos to enhance the non-traditional identifiers. The significance of these non-conventional trademarks lies in the introduction of the innovative branding concepts.
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 TrademarkLaw. The post Limited Edition Products: Can they be Protected under IP Law? For more visit: [link].
The same leads to dilution and loss of reputation and goodwill to the manufacturer and his brand name. The courts in India protect barcodes and QR codes under the TrademarkLaw. The post IntellectualProperty Rights in QR Codes and Barcodes in India appeared first on Blog | Kashish IPR | IntellectualProperty Rights Law Firm.
Now, we may use an emoji in a casual sense and it may not look as complex it is, but the truth is, that it is capable of opening a realm of questions in terms of intellectualproperty. But the question is who could have, in the wildest of their imagination, thought of a co-relation between IntellectualProperty and Emoji?
[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. For undisputed ownership of virtual designs, IntellectualProperty (IP) laws must be thoroughly handled with.
Architectural designs came to be recognised as a form of intellectualproperty capable of protection after the 1908 Amendment to the Berne Convention, 1886. The integration of IoT-enabled designs and smart technologies adds another layer of complexity as the same would fall in the domain of patent law.
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