IP and Legal Filings

SEPTEMBER 12, 2024

Trademarks are very important business assets because they distinguish products and embody reputation. The judgment made budget retailers realize the price they must pay for imitating established brands and stressed the virtue of originality in design, even within the lower end of the market. [3] Dongre and Ors. V Whirlpool Co.

Brands 95

Brands Branding Branding Trademark 95

IPilogue

NOVEMBER 15, 2022

Hermès argued that Rothschild’s usage of “MetaBirkin” was akin to a trademark, namely to “brand a product line, and to attract public attention and signify source.” All eyes are on the court as they navigate this new digital terrain and attempt to balance the freedom rights of creators against the IP rights of consumer brands.

Trademark Law 105

Trademark Law Trademark Non-Fungible Tokens Law 105

Likelihood of Confusion

JULY 7, 2022

The post WAL-ZYR versus ZYRTEC: Allergic to legislating trademark law? I have no problem using the TTABlog for a blog launching point every week. Why would I when I can riff on a post such as this one, about an. appeared first on LIKELIHOOD OF CONFUSION™.

Trademark Law 98

Trademark Law Trademark Law Blogging 98

IP and Legal Filings

FEBRUARY 2, 2024

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 trademark law, even if they are not strictly prohibited. In Parul Food Specialities Pvt. DB) [9] AIR 2016 SC 461 [10] MANU/MH/1859/2017 [11] W.P.(C).

Trademark Law 98

Trademark Law Trademark Law Service Mark 98

Likelihood of Confusion

OCTOBER 13, 2021

The post Best of 2013: WAL-ZYR versus ZYRTEC: Allergic to legislating trademark law? I have no problem using the TTABlog for a blog launching point every week. 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

JD Supra Law

DECEMBER 22, 2023

As China’s importance for brand owners continues to grow, so too does the sophistication of China’s IP application processes.

Trademark Law 70

Trademark Law Trademark Law Intellectual Property 70

JD Supra Law

MAY 20, 2024

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 trademark law, brand protection, and intellectual property. By: Foley Hoag LLP - Making Your Mark

Brands 65

Brands Branding Branding Intellectual Property 65

JD Supra Law

AUGUST 12, 2024

In trademark law, the concept of distinctiveness is central to protecting your brand and ensuring it stands out in the marketplace. Understanding the levels of trademark distinctiveness can help startup founders make informed decisions when selecting and registering trademarks.

Trademark 110

Trademark Registering Trademarks Trademark Law Brands 110

IP Law 360

NOVEMBER 2, 2023

Convenience store giant 7-Eleven this week sued a Chicago-based law practice called Seven Eleven Law Group for trademark infringement, alleging that the firm, which specializes in trademark matters itself, is ripping off its name and its green and white color scheme, as well as unfairly profiting off its brand.

Trademark Law 75

Trademark Law Trademark Law Brands 75

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. This will enhance the chances of a brand to obtain a certain degree of well-known status recognition. There will be varying degrees of notoriety.

Trademark Law 57

Trademark Law Trademark Law Brands 57

JD Supra Law

NOVEMBER 7, 2023

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

Trademark Law 79

Trademark Law Trademark Intellectual Property Law 79

JD Supra Law

JANUARY 6, 2022

This year kicked off with new tools to help brand owners protect and enforce their marks. The use of a trademark in commerce is an important aspect of U.S. trademark law; however, an increasing number of trademark registrations have been obtained and maintained for marks that are not in use in U.S. By: Jones Day

Trademark 111

Trademark Trademark Law Registration Brands 111

IP Law 360

APRIL 15, 2024

Proposed amendments to China's Trademark Law aimed at improving the application and enforcement processes could make some common U.S. brand protection strategies moot, and may require brand owners to more carefully explain marks' use or nonuse, say attorneys at Neal Gerber.

Branding 52

Branding Brands Branding Trademark Law 52

IP Law 360

MARCH 30, 2022

A top Russian politician said Wednesday that the country is planning to give retailers and other businesses permission to import goods into the country outside the limits of trademark law.

Branding 75

Branding Brands Branding Trademark Law 75

JD Supra Law

AUGUST 31, 2023

In our previous article, Protecting Your Brand: A Primer on Canadian Trademarks, we touched upon the beginning stages of a trademark application and considerations such as, "Should I register my trademark?" and "Is the trademark available?" By: Miller Canfield

Trademark Law 79

Trademark Law Trademark Registering Trademarks Brands 79

JD Supra Law

AUGUST 8, 2024

For startup founders, navigating the complexities of trademark law is essential for protecting your brand. These are formal disputes aimed at challenging an application or registration for a trademark. An important aspect of this process involves understanding opposition and cancellation proceedings.

Trademark 97

Trademark Trademark Law Registration Brands 97

IP Law 360

AUGUST 8, 2024

The marijuana industry still lives in the shadows of trademark law while the drug remains federally illegal, leaving businesses and their lawyers to seek workarounds to protect their brands.

Brands 52

Brands Branding Branding Trademark Law 52

Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Halloween costumes sit at an interesting and muddled intersection between copyright and trademark law. They are part fashion, part artwork, part branding and part character.

Copyright 252

Copyright Trademark Cease and Desist Copying 252

IP and Legal Filings

NOVEMBER 12, 2024

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.

Trademark 89

Trademark Brands Branding Branding 89

Erik K Pelton

SEPTEMBER 17, 2024

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? How many trademarks have you registered?

Trademark 130

Trademark Registering Trademarks Editing Trademark Law 130

Patently-O

JUNE 29, 2022

A case like this begins with the territorial doctrine of trademark law: Under the territoriality doctrine, a trademark is recognized as having a separate existence in each sovereign territory in which it is registered or legally recognized as a mark. law that trademark rights in the US require that the mark be used in the US.

Trademark 121

Trademark Trademark Law Brands Branding 121

Technology & Marketing Law Blog

FEBRUARY 16, 2022

.” In other words, they sought to establish (using centuries-old chattel-based theft doctrines rather than trademark law) that a trademark owner has the unrestricted right to shut down anyone using their trademarks, even if no consumers are harmed. to see if it could find some soft spot in Georgia state law.

IP 141

IP Advertising Advertising Trademark Law 141

JD Supra Law

OCTOBER 16, 2024

The recent launch of Tiger Woods' new clothing line, "Sun Day Red," has ignited something of a debate in the worlds of golf and trademark law.

Trademark 65

Trademark Branding Brands Branding 65

IP and Legal Filings

JANUARY 11, 2024

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.

Trademark 102

Trademark Intellectual Property Brands Branding 102

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. It recognizes the corporate identity of the brand. To sell the product, using the brand name makes it a trademark. A great example here is Apple.

Trademark 105

Trademark Registration Brands Branding 105

Erik K Pelton

DECEMBER 31, 2021

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

Editing Non-Fungible Tokens Trademark All Rights Reserved 147

IPilogue

OCTOBER 21, 2022

Anita Gogia is a IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On May 25, 2021 the Japan Patent Office (JPO) granted Nobuaki Kurokawa a trademark for his apparel brand named “CUGGL” for class 25 (clothing and footwear). Unfortunately for Gucci, its claim was not successful.

Trademark 104

Trademark Brands Branding Branding 104

Corsearch

FEBRUARY 22, 2024

Trademark infringement is the nightmare that keeps big brands up at night. In a world where maintaining a distinctive identity and protecting consumer trust is a constant battle, safeguarding your trademarks is crucial. What is trademark infringement? Let’s start with the basics; what is trademark infringement?

Brands 59

Brands Branding Branding Trademark 59

JD Supra Law

APRIL 16, 2024

While many would say those are famous and indelible American symbols, in the area of trademark law, specifically trademark dilution, there is no easy answer. Is the dripping wax seal of Maker’s Mark famous? What about the Texas Longhorn Football logo – surely that’s famous, isn’t it? By: Kohrman Jackson & Krantz LLP

Trademark 62

Trademark Branding Brands Branding 62

Technology & Marketing Law Blog

MARCH 8, 2022

academics with expertise in trademark law. The SHOP SAFE Act represents one of the most significant proposed reforms of trademark law that Congress has contemplated in years, and it will likely reshape e-commerce in unwanted ways. The SHOP SAFE Act would do this by fundamentally changing trademark law.

Trademark 144

Trademark Trademark Law Law Blogging 144

Likelihood of Confusion

OCTOBER 28, 2024

Republished by Blog Post PromoterWho but the ultimate trademark pig the NFL would make unwilling third parties endorse their sponsors? The post The ugly side of branding appeared first on LIKELIHOOD OF CONFUSION™. Makes me want to throw a SUPER BOWL PARTY!

Brands 52

Brands Branding Branding Blogging 52

Technology & Marketing Law Blog

OCTOBER 5, 2023

Despite Emoji Company’s apparent confidence in the strength of its brand, the reality is that consumers looking to buy emoji-themed stickers are likely to search for the word “emoji.” This is not because they seek any Emoji-Company-branded products (licensed or otherwise). ” Trademark law does not restrict that usage.

Trademark 133

Trademark Fair Use Trademark Law Brands 133

SpicyIP

AUGUST 31, 2023

If you have come across such ads and have wondered whether such use of a mark infringes the mark of the luxury brand, then you are not alone. In this post, we will explore potential claims raised against advertisements by outlets offering cheaper alternatives to luxury perfumes, often associating their products with the original brand.

Trademark 111

Trademark Advertising Advertising Brands 111

IP and Legal Filings

DECEMBER 20, 2024

Introduction Well, the online space is indeed centuries apart from any business process for creating a brand and speaking with its audience; now everything can even protect its intellectual property. However, it provides both good challenges and opportunities under trademark law. It has also brought a lot of challenges.

Social Media 70

Social Media Trademark Brands Branding 70

Kashishipr

NOVEMBER 3, 2021

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. Simply put, trademark genericization is the death of the mark as it no longer acts as a source indicator of the brand owner.

Trademark 105

Trademark Brands Branding Branding 105

IP Law 360

SEPTEMBER 22, 2022

The latest episodes of the new Disney+ television series "She-Hulk: Attorney at Law" shine a rare spotlight on trademark infringement, as a superpowered influencer takes the titular Marvel Comics hero to court for using the same name as a "She-Hulk" brand that she claims to own. Warning: Spoilers ahead.

Television 85

Television Trademark Law Brands Branding 85

JD Supra Law

AUGUST 20, 2024

A core concept in trademark law that every startup founder should understand is “likelihood of confusion.” This legal standard plays a pivotal role in both trademark registration and enforcement. It’s essential for protecting your brand and ensuring that your trademark does not infringe on existing trademarks.

Trademark 78

Trademark Trademark Law Registration Brands 78