IPilogue

NOVEMBER 15, 2022

Does this count as an artistic expression protected under First Amendment rights of expression and speech, or is it a trademark infringement upon a beloved fashion icon? Catching wind of the furry MetaBirkin NFTs, Hermès filed a trademark infringement and dilution lawsuit against Mason Rothschild, the creator.

Trademark Law 105

Trademark Law Trademark Non-Fungible Tokens Law 105

azrights

NOVEMBER 17, 2021

As trademarks give their owners a monopoly right to identify their products or services an important caveat about them is that they must be distinctive. The law is not there to reduce competition by giving a monopoly right over generic, common category terms and elements to a single brand owner.

Trademark Law 52

Trademark Law Trademark Law Branding 52

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

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. 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

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 Branding 57

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 Branding 75

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?

Branding 59

Branding Brands Branding Trademark 59

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

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

Biswajit Sarkar Copyright Blog

MAY 29, 2023

In the fast-paced world of business, where new brands emerge every day, protecting one’s intellectual property has become paramount. Trademarks play a crucial role in establishing brand identity and distinguishing products or services from competitors. What is a Trademark?

Intellectual Property 52

Intellectual Property Branding Brands Branding 52

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Corporations must establish online identities, such as logos, slogans, product names, and brands, to build consumer awareness, loyalty, and trust.

Trademark 86

Trademark Social Media Advertising Advertising 86

LexBlog IP

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 52

Trademark Law Trademark Law Branding 52

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 Branding 79

The IPKat

JULY 20, 2021

We soon learn that "Trademark Law Reform" refers to aspirations to tackle contemporary problems in trade mark law worldwide, whether by means of legislative overhaul or not, put to paper by some of the world's leading experts. But make no mistake: behind the cover is a veritable treasure trove of thought-provoking scholarship.

Trademark Law 96

Trademark Law Law Trademark Registration 96

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

azrights

MAY 3, 2022

Though many important decisions people make when creating a new brand identity are intellectual property decisions, IP lawyers are rarely involved in the naming and brand creation process. . As a trademark lawyer, I began to ask myself why? So, I wrote Brand Tuned, the new rules of branding, strategy and intellectual property.

Branding 119

Branding Brands Branding Registration 119

JD Supra Law

APRIL 11, 2023

Brand owners doing business in Canada should be aware of some of the most important cases and developments emerging within the last year. This overview highlights some recent notable trademark decisions that could impact your business. Please see full Newsletter below for more information. By: Dentons

Trademark Law 52

Trademark Law Trademark Law Branding 52

43(B)log

JANUARY 18, 2024

Christine Haight Farley, Trademarks in an Algorithmic World , 98 Wash. Abstract: According to the sole normative foundation for trademark protection—“search costs” theory—trademarks transmit useful information to consumers, enabling an efficient marketplace. So says Christine Haight Farley in her intriguing new article.

Trademark 78

Trademark Branding Brands Branding 78

JD Supra Law

FEBRUARY 15, 2022

KEY TAKEAWAYS AND OUTLOOK FOR 2022 - While Gen Z taught us all on TikTok how not to be “cheugy,” or out of touch with pop culture, similarly, trademark law in 2021 ushered in new and changed regulations, provided further guidance on traditional legal concepts and gave us a peek into how brands may help shape the future in the “metaverse”—and beyond.

Trademark Law 52

Trademark Law Trademark Reporting Law 52

JD Supra Law

JANUARY 31, 2023

The proverbial brand owner’s guidebook became a little bigger in 2022. Developments in practice opened new avenues for securing and enforcing trademark rights over the past year, including an “accelerated” path to trademark registration and additional guidance for invalidating bad faith registrations. By: Smart & Biggar

Trademark Law 52

Trademark Law Trademark Law Registration 52

JD Supra Law

JANUARY 9, 2024

Speakers: Kwan T Loh, Olivier Jean-Lévesque, Nora Labbancz, Reagan Seidler In this webinar, Smart & Biggar's Trademarks team will provide a roundup of Canadian IP law by highlighting some of the most important new laws, cases, and practice directions from 2023 that brand owners should be aware of when doing business in Canada.

Trademark Law 68

Trademark Law Law Trademark Branding 68

JIPEL Copyright Blog

DECEMBER 15, 2021

Trademark litigation in the fashion world is not a novel concept. For decades, Adidas has been engaging in a long list of trademark infringement cases in the US and across the world. Traditionally, trademarks and trade dress have been used to communicate price and quality information to a consumer about the goods they are purchasing.

Trademark Law 52

Trademark Law Marketing Marketing Trademark 52

IP and Legal Filings

SEPTEMBER 16, 2021

This may include creating products with certain distinct features, such as a particular smell or a sound that is exclusive to the product and the brand. Thus, several companies have attempted to manufacture products implanted with a particular smell that is exclusive to the brand. Global and Indian laws concerning smell trademarks.

Trademark Law 52

Trademark Law Trademark Law Registration 52

IP and Legal Filings

JANUARY 11, 2024

INTRODUCTION Trademarks are vital part of modern day commerce because they act as distinctive and unique symbols that enable consumers to recognise and distinguish goods and services offered by different providers. Image Sources: Shutterstock] The primary legislative basis for smell trademark regulation in the US is the Lanham Act.

Trademark 90

Trademark Intellectual Property Branding Brands 90

LexBlog IP

MARCH 3, 2023

Safeguard Your Brand: How Choosing the Wrong Trademark Lawyer Can Kill Your Brand @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-6402f22ad89cf2570{display: 80 (1950) trademark rights were lost because the mark ESCALATOR had become generic and therefore lost its trademark status.

Branding 52

Branding Brands Branding Trademark 52

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. I’ll then explain the role of trademarks and why and how to be strategic with them. The Meaning of Brand. But brands have a third dimension or a third purpose. They save us time.

Branding 52

Branding Brands Branding Trademark 52

JD Supra Law

SEPTEMBER 21, 2023

Last fall, the maker of BLUE GOO pain relief products filed a trademark infringement lawsuit over a competitor’s GREEN GOO pain relief salve.[1] 1] Trademark litigation can be long and costly. By: Dunlap Bennett & Ludwig PLLC

Trademark 65

Trademark Branding Brands Branding 65

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. Image from here Smells like Luxury, Does it cost a Trademark Battle? Taking a step back, trademark infringement under Section 29(2)(b) of the Act requires proving the following: 1.

Trademark 111

Trademark Advertising Advertising Branding 111

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Defining Trademark A “trademark” is a mark which is used for a commercial purpose. It is also called a brand name because it contains names, symbols, logos, and taglines that help to identify and differentiate a company’s goods and services from those of others. How do trademarks function?

Business 52

Business Trademark Registration Cease and Desist 52

Likelihood of Confusion

AUGUST 25, 2023

From last week’s INTA Trademark Topics email discussion list. The post Best of 2010: Trademarks, copyright, brand equity, and rent-seeking: Soapbox 2010 appeared first on LIKELIHOOD OF CONFUSION™. First posted on January 17, 2010. One name has been changed to protect the innocent, and the links, by way of.

Branding 52

Branding Brands Branding Trademark 52

The IPKat

MAY 11, 2024

A Kat reflecting on emerging branding strategies for plants. Why does the patent use a different name from the registered trademark? And what can this tell us about branding strategy for plants? These denominations cannot be registered as trademarks - for example, under Article 7.1(m) Seeing red? Images from Pixabay.

Trademark 109

Trademark Registering Trademarks Marketing Marketing 109

IP and Legal Filings

OCTOBER 28, 2023

Introduction The Trademarks Act of 1999 introduced trademark dilution. The use of trademarks helps a company set itself apart from its rivals’ products and services. A feature of trademark law known as trademark dilution gives the brand owner exclusive rights to the mark, providing them a strong and recognisable trademark.

Trademark 75

Trademark Registering Trademarks Trademark Law Branding 75

LexBlog IP

APRIL 27, 2023

We are just a few months into 2023, but we are already seeing a number of proposed changes to Chinese Trademark Law. Overall Theme and Key Takeaway It should be noted that this will be the 5 th round of major amendments to the China Trademark Law since it was first adopted in 1982.

Trademark Law 52

Trademark Law Law Trademark Intellectual Property 52

JD Supra Law

NOVEMBER 17, 2022

brand owners seeking to enforce trademarks abroad — namely, whether brand owners may file suit in U.S. trademarks or whether brand owners must rely on foreign trademark rights and on foreign courts for enforcement. court for “extraterritorial” infringement of U.S. By: Neal, Gerber & Eisenberg LLP

Trademark Law 55

Trademark Law Trademark Branding Brands 55

IP and Legal Filings

OCTOBER 26, 2023

Introduction Trademarks are an important division of Intellectual Property Rights (IPR) as it considerably contributes in identification and promotion of a product. A well- known trademark helps the consumers in spotting the difference between similar products by educating them about the product which results in informed choices.

Cease and Desist 98

Cease and Desist Trademark Registering Trademarks Business 98

JD Supra Law

APRIL 10, 2023

Imagine poking fun at a famous brand or logo and getting away with it. In the United States, it’s not only possible, but can also be a recognized form of artistic expression known as trademark parody. Trademark parodies are a form of humorous or satirical commentary that uses a well-known trademark in a playful or critical manner.

Trademark Law 52

Trademark Law Trademark Law Branding 52

IP Law 360

NOVEMBER 7, 2022

Supreme Court has agreed to hear a challenge to a $113 million verdict an Oklahoma maker of radio control systems won in a trademark fight against its former partners in Europe, a dispute that has the potential to change how brand owners use U.S. courts to enforce trademarks against foreign businesses, attorneys told Law360.

Trademark Law 52

Trademark Law Trademark Law Branding 52