Erik K Pelton

DECEMBER 9, 2022

Goalie – The ultimate protector and backstop: Trademark Registration. Offense – goal scoring and attacking: litigating as needed to protect the brand. Defense – Common law rights acquired by use of the mark.

Cease and Desist 147

Cease and Desist Trademark Registration Branding 147

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

The TTABlog

JUNE 10, 2024

In an attempt to side-step a Section 2(d) refusal of the mark shown below, for "gin," Petitioner Iron Balls International petitioned to restrict Respondent Bull Creek's registration for the mark IRON BALLS for "beer" to "“micro-brewed craft beer." The doctrine of issue preclusion does not bar litigation of these issues. RStudio, Inc.

Registration 99

Registration Litigation Branding Branding 99

Above the Fold

MARCH 31, 2022

Prevents the registration of confusingly similar marks with the USPTO. The Principal Register is also typically more desirable for trademark owners considering the additional time and cost associated with litigating a trademark infringement claim with a Supplemental Register registration. What about descriptive trademarks?

Registration 98

Registration Trademark Registering Trademarks Ownership 98

IP Tech Blog

AUGUST 18, 2023

An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US. On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective.

Litigation 98

Litigation Patent Intellectual Property Branding 98

Kashishipr

FEBRUARY 2, 2022

The ultimate success of brands and businesses in the modern world largely depends on the groundbreaking innovation that sets them apart from the rising competition in the market. Having a robust Intellectual Property (IP) portfolio and strategizing well to maintain it can do wonders in enhancing your brand value and market share.

Branding 98

Branding Brands Branding Business 98

Erik K Pelton

NOVEMBER 12, 2023

Pelton & Associates (EMP&A) is a boutique firm focusing on trademark protection for businesses and brands, including trademark and copyright applications, trademark disputes, matters with the Trademark Trial and Appeal Board, trademark clearance searches, and other matters.

Law 162

Law Intellectual Property Intellectual Property Law Trademark 162

IP Watchdog

JANUARY 6, 2025

Slogans play a crucial role in branding, serving as memorable and important expressions of a companys identity. In Brazil, slogans are eligible for trademark registration, but their acceptance has historically been limited by strict requirements for distinctiveness and functionality.

Trademark 52

Trademark Branding Branding Brands 52

azrights

OCTOBER 27, 2021

The brand name and codes play an important role in the management of competition. Inevitably competitors will try to capture some of the market shares of any brand that discovers a lucrative market opportunity. Protecting brand identifiers is the way to avoid the possibility of consumer confusion as to the source or origin of a brand.

Branding 52

Branding Brands Branding Copying 52

IPilogue

AUGUST 30, 2021

The USPTO’s Trademark Trial and Appeal Boards both denied the registration, underscoring that consumers will perceive “Booking.com” as overly generic. Generic words are not eligible for federal trademark registration. Stronger trademark protection enhances Booking.com’s brand image and goodwill.

Registration 105

Registration Trademark Journalism Intellectual Property 105

DuetsBlog

OCTOBER 21, 2020

Hotels, Ice Cream, and Shoes as Canvases for Great Brands. . Seth Godin has written about how Nike is a great brand because we can imagine what a Nike hotel would look like. . Speaking of ice cream, Ben & Jerry’s is another great brand , like Nike. . How about another test of brand strength? .

Branding 59

Branding Brands Branding Registration 59

Copyright Lately

OCTOBER 20, 2024

American accused the website of deceiving customers, selling unauthorized tickets, and tarnishing its brand. A good example comes from a case I litigated years ago on behalf of Costco. The Bottom Line During the course of the litigation, Skiplagged stopped using American’s flight symbol logo on its website. It sought $94.4

Copyright 83

Copyright Fair Use Social Media Business 83

IP and Legal Filings

JANUARY 30, 2022

This popular case originated from a long-running legal dispute involving the Petitioner, Lucky Brand Dungarees, Inc. Lucky Brand), and the Respondent, Marcel Fashions Group, Inc. Lucky Brand claimed a defense against Marcel in the most recent case between the two, which it had not fully explored in a previous suit between them.

Trademark 105

Trademark Branding Branding Brands 105

Plagiarism Today

OCTOBER 26, 2021

The name Beetlejuice, for example, has multiple registered trademarks related to it including registration number 4863369, which covers the use in “Clothing for men, women and children…”. They are part fashion, part artwork, part branding and part character. This isn’t to say there’s been no litigation in this area.

Trademark 279

Trademark Copyright Cease and Desist Copying 279

IP and Legal Filings

DECEMBER 13, 2024

It concerns with the registration and protection of trademarks for products and services alike from being used deceptively, false marks. The petitioner, who owns strong trademarks like FEVIKWIK and FEVICOL, argued that the respondent’s mark is confusingly similar to theirs, thus their brand identity could be potentially diluted.

Trademark 98

Trademark Branding Branding Brands 98

Patent Trademark Blog

JUNE 2, 2023

Though your mark might not be registered yet, having a pending trademark application will at least start you on the journey toward registration. Step 2: Enroll in Amazon Brand Registry Consider enrolling in Amazon Brand Registry if your trademark covers goods that can be sold on the e-commerce platform.

Cease and Desist 52

Cease and Desist Branding Brands Branding 52

Technology & Marketing Law Blog

JULY 26, 2021

However, sometimes the likely damages award from a successful federal copyright lawsuit will be less than the attorneys’ fees and other costs to litigate it. To get around this, the CCB proceedings are nominally “voluntary” to the litigants. In contrast, a copyright owner can initiate a CCB proceeding before obtaining a registration.

Copyright 142

Copyright Law Registration Copyright Infringement 142

The IP Law Blog

SEPTEMBER 1, 2022

In short, the fashion brand contends that Mrs. Bieber’s use of Rhode in connection with skin care products is likely to create consumer confusion, despite the fact that their federal trademark registration does not include skin care products. Bieber in the United States District Court for the Southern District of New York.

Branding 98

Branding Branding Brands Trademark 98

LexBlog IP

DECEMBER 3, 2021

Branding has become more important than ever, particularly in developing an online presence through search engines, various online platforms, and social media. Further, the rise of the “influencer” has opened additional opportunities to deliver brands and products to targeted demographics. Online Marketplace Protection.

Branding 52

Branding Brands Branding Intellectual Property 52

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 7, 2022

Cheng is based in Fish’s New York office, where she focuses her practice on trademark, trade dress, unfair competition, and copyright litigation. MIP ’s independent research is based on a weighted system of peer and client feedback, combined with a review of information obtained from surveys conducted with law firms and their clients.

Intellectual Property 86

Intellectual Property Fair Use Litigation Trademark 86

azrights

OCTOBER 18, 2021

Let’s begin by considering the terminology as it’s all too common when it comes to brands to find people have different meanings in mind. The Meaning of Brand. The best way I’ve found to explain brands is by contrasting them to their unbranded commodity counterparts. But brands have a third dimension or a third purpose.

Branding 52

Branding Brands Branding Trademark 52

Patent Trademark Blog

JANUARY 26, 2023

These costs, however, should pale in comparison to the costs of litigation. Stop fantasizing about common law rights and all that you theoretically will accomplish without a registration. Your trademark registration will open doors and unlock value that can far exceed the cost of registration.

Trademark 97

Trademark Registration Registering Trademarks Blogging 97

Kashishipr

MARCH 2, 2022

Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. You may see your trademark rights getting diluted and possibly canceled through litigation. Let us understand the term better with a few examples.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

SpicyIP

JANUARY 26, 2025

Discussing this development in light of ongoing litigations concerning rare diseases treatments, Md Sabeeh Ahmad writes on accessibility of these drugs and whether Section 100 is a viable solution for the problem. Lokesh Vyas dwells on these questions in his post in the aftermath of SRAIs registration! Nipun Gupta & Anr.

Trademark 59

Trademark Art Registration Business 59

IP and Legal Filings

MAY 17, 2022

Foreign applicants who are not resident in the Kingdom must apply through IP Registration Agents or law firms authorised by the Industrial Property Directorate. Process of registration. Despite being not mandatory, a trademark search is an important part in the whole process of trademark registration. Requirement of Filing.

Registration 52

Registration Trademark Trademark Law Publishing 52

SpicyIP

SEPTEMBER 26, 2021

VA’ are not visually, phonetically or structurally similar as the Defendant’s mark consists of the words ‘RAMPUR’, which is the brand name, followed by ‘AS?VA’, VA’, which is the sub-brand. The Plaintiff suppressed that it has applied for registration of ‘AS?VA’ If a sub-brand performs the function, as AS?VA VA’ as well.

Branding 118

Branding Branding Brands Trademark 118

Kashishipr

SEPTEMBER 29, 2022

It is not unusual to encounter counterfeit versions of widely recognized brands like Adidas, Gucci, Nike, etc. Such products are fake and portrayed as popular brands to charge less than the market price and make enormous profits. They usually have a devastating effect on the brand’s reputation and customer loyalty.

Branding 52

Branding Brands Branding Intellectual Property 52

Technology & Marketing Law Blog

JULY 4, 2022

Pyrotechnics (under the “FireOne” brand) claims to be the “world leader in digital pyrotechnic firing systems.” Let’s take a closer look at Pyrotechnics’ registration. ” Pyrotechnics’ copyright registration then starts to fall apart. .” Oracle litigation.

Copyright 145

Copyright Copying Registration Marketing 145

Greenspoon Marder LLP

FEBRUARY 16, 2014

It didn’t take long for the accusations of patent “trolling” to come out, but King Digital released a statement that they were merely trying to protect their brand name for the upcoming future. The post Creator of Candy Crush Saga Backs Off on Trademark Registration appeared first on Greenspoon Marder LLP.

Registration 52

Registration Trademark Patent Troll Marketing 52

LexBlog IP

MARCH 9, 2023

The highly anticipated jury verdict in the Hermès litigation over MetaBirkins NFTs has some important takeaways for both artists and sellers of NFTs as well as brand owners. Below are some takeaways for both artists and sellers of NFTs, as well as brand owners. That is not true. ” ( Id. at *17-18.) ” ( Id.

Litigation 52

Litigation Artistic Work Branding Branding 52

IP and Legal Filings

FEBRUARY 7, 2023

Their rights will be protected thanks to the metaverse brands’ trademarks. Importance of Registration of Trademarks in the Metaverse Businesses may now reach a larger audience, increase their digital footprint, and increase profits by utilising the Metaverse. It might be more difficult than ever in the metaverse to police brands.

Trademark 98

Trademark Non-Fungible Tokens Branding Branding 98

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 143

IP Intellectual Property Copyright Trademark 143

Traverse Legal Blog

MARCH 8, 2022

These NFT drops offer valuable learning lessons which every NFT project, brand, and company must consider before launching their NFTs project. In this video, we will also examine the legal strategies each project got right on trademark registration and copyright licensing. The “Crypto Punk” brand name is a trademark.

Non-Fungible Tokens 131

Non-Fungible Tokens Artwork Licensing Branding 131

azrights

MARCH 23, 2022

One reason people tend to be confused into believing it is acceptable to use their chosen name is that they managed to secure their desired company name or domain name registration. However, registration of a company or domain name does not come with a right to use a name. They are subject to other people’s trademark rights.

Business 52

Business Branding Brands Branding 52

Kashishipr

APRIL 13, 2022

The dramatic rise in e-commerce in the last two decades saw many brand and business owners struggling to safeguard their Intellectual Property (IP) assets in cyberspace, starting from domain names and then going onto social media handles. Furthermore, the purchase of virtual products and services could be used in multiple virtual worlds.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116

LexBlog IP

AUGUST 18, 2023

An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US. On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective.

Litigation 52

Litigation Patent Intellectual Property Branding 52

JD Supra Law

DECEMBER 15, 2023

successively operated hotels with the brand name “威斯汀 (Wei Si Ting – Westin in Chinese)” in Shanghai, Beijing, Guangzhou and other cities, and prominently used the “威斯汀 (Wei Si Ting – Westin in Chinese)” and “WESTIN” marks (Registration Nos. Judgment Gist - Before the filing date of the opposed trademark, Westin Hotel Management, L.P.

Trademark 70

Trademark Registration Branding Branding 70