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.

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Trademark Law Trademark Law Branding 52

IIPRD

JANUARY 7, 2025

9] Determining the “field of endeavor in which the inventors were working” is crucial, and it’s best to avoid “both unduly wide and unduly restrictive definitions” because they may lead to problems. AI AND TRADEMARK Trademarks give brand owners exclusive rights by identifying the source of goods or services.

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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.

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Trademark Trademark Law Law Blogging 144

Corsearch

NOVEMBER 15, 2022

There are different definitions of what the metaverse is. 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. What Are the Brand Protection Challenges in the Metaverse?

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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.

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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.

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Trademark Law Law Trademark Intellectual Property 52

Kashishipr

APRIL 27, 2022

During the filing of the trademark application for a motion mark, the applicant should ensure that the movements occurring in the mark should be represented in sequence as presented for the product or brand in question. The Indian Trademark Law and Motion Marks.

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Registration Trademark Branding Branding 105

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may.

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Trademark Registering Trademarks Trademark Law Branding 98

The IP Law Blog

MAY 27, 2021

However, Modelo Grupo (“Modelo”) and Constellation Brands (“Constellation”) would say there is a lot riding on the answer. Modelo, whose parent is Anheuser-Busch InBev (“AB”), created the Corona brand. Based on its popularity, most would say, “Who cares whether hard seltzer is beer, just give me one.”

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Traverse Legal Blog

JANUARY 26, 2021

With the legalization of various forms of marijuana in some states, products involving Cannabidiol (CBD) and hemp have been rapidly entering the market, and businesses are seeking to protect their brands in this growing market. Do I Still Have Rights if Someone is Using a Name, Mark, or Brand Similar to Mine?

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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.

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Olartemoure Blog

FEBRUARY 28, 2023

Clark Lackert , a trademark expert who has explored the subject for quite some time and spoke about it during the last INTA Annual leadership conference in Miami. What is a trademark? Trademark In most of the countries a trademark is a symbol, word, or phrase that identifies and distinguishes a brand from others in the market.

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Trademark Intellectual Property Government Trademark Law 98

43(B)log

JUNE 24, 2022

Jennifer Davis: After the Directive harmonizing TMs, all the law is what a TM isn’t and we have no positive definition of what a TM is. Lisa Ramsey: Free expression and competitiveness considerations: large brands/celebrities can teach you to associate a weak mark w/their company can be problematic.

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Trademark Law Law Trademark Registration 75

Kashishipr

JANUARY 12, 2022

Often, hashtags help businesses reach out to their target audience and connect with them, which may further help them attain and achieve goodwill and raise awareness about their brand. Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection.

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Trademark Registration Registering Trademarks Social Media 105

IPilogue

DECEMBER 17, 2021

However, British artist Stuart Semple considers Tiffany Blue as being held captive through trademark law. Semple has been “liberating colours since 2016” , with previous paints replicating trademarked colours including International Klein Blue , T-Mobile Magenta , and Blackest Black. since 1998. In the 1995 Qualitex Co.

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Trademark Social Media Art Ownership 111

IP and Legal Filings

AUGUST 29, 2023

Can their names be officially protected under trademark laws?At At first, it might seem a little confusing as Trademarks are like- ‘special signs’ that help us know where products or services come from. Trademarks must have a distinguishing capacity and must be ‘distinctive’ in itself.

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Trademark Trademark Law Law Advertising 98

IP Tech Blog

AUGUST 17, 2022

In particular, Tsingtao alleged that such use of its registered trademark created in the relevant users the impression that the small breweries’ beer and brand was somewhat related to Tsingtao Beer. 57 of the Chinese Trademark law. 7) causing harm to other’s exclusive rights to use registered trademarks.”.

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The IP Law Blog

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose.

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Trademark Law Branding Branding 52

IP and Legal Filings

JUNE 26, 2023

Introduction Brand owners and traders have long embraced numeral creativity to captivate consumers. Names like 7-eleven, 5 Star, 7Up, and 99acres resonate with consumers, widely reflecting the innovative use of number as brand identities. However, protection to numbers have differed.

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Technology & Marketing Law Blog

AUGUST 5, 2022

The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” Social Media and Trademark Law” Talk Notes.

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IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] When a mark is graphically represented and can distinguish the goods and services of one proprietor from another, it can be registered as a trademark. [9]

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Registration Trademark Trademark Law Law 98

SpicyIP

MAY 18, 2022

The definition of these terms is unclear. The term ‘digital product’ has been used in certain laws but the term itself has not been defined. If every real-world brand is also entitled to register all its goods and services in the virtual world, the trademark registration system would be considerably burdened.

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Non-Fungible Tokens Trademark Artwork Art 121

LexBlog IP

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” ” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose.

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Trademark Law Branding Branding 52

Technology & Marketing Law Blog

OCTOBER 17, 2022

” (Raise your hand if you’ve ever seen Emojico-branded patient safety restraints). This means the term “emoji” is generic with respect to the dictionary definitions and Emojico’s litigation empire should crumble. The trademark registrations discourage that outcome.

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Trademark Fair Use Registration Licensing 124

43(B)log

FEBRUARY 19, 2022

NAACP—these courts very clearly say that trademark law applies to commercial speech, defined as it is in First Amendment case law, and not to noncommercial speech. Some of the work is also done by the idea that trademark control extends only to the name/logo of a congregation and not to other elements of worship.

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Trademark Law Trademark Art Branding 72

The TTABlog

NOVEMBER 6, 2023

Prior to passage of the Trademark Law Revision Act (TLRA) in 1988, "token sales and sporadic, casual, and nominal shipments of goods bearing a mark were insufficient to avoid a prima facie finding of abandonment." Peavey argued that "[a] mark is only abandoned when all trademark significance, including residual good will, is lost.”

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Registration Branding Brands Branding 61

Erik K Pelton

MARCH 11, 2022

As a trademark law firm, we represent a wide array of clients but predominantly focus on helping small business owners protect their intellectual property. In recent years, trademark scams have proliferated and become increasingly problematic, particularly for small business owners. About Erik M. Pelton & Associates, PLLC.

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Government Business Trademark Blogging 147

IP and Legal Filings

OCTOBER 23, 2023

The issue of counterfeiting not only compromises a brand’s reputation or brand value, but also puts consumer safety at risk by allowing the sale and uninformed purchase of sub-standard goods. The online marketplaces can be held liable only when the trademark owners take certain steps. Nakul Bajaj & Ors. [4]

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The IP Law Blog

FEBRUARY 3, 2022

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. The majority of the dictionary definitions did not even refer to Switzerland or France.

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Design Designs Trademark Brands 52

IIPRD

JUNE 8, 2024

Fundamentals concerning this trend’s effects on consumer perceptions, intellectual property 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.

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Intellectual Property Design Designs Branding 52

SpicyIP

AUGUST 26, 2024

Further, it was alleged that they were diluting and tarnishing the brand by publishing AI-generated deepfake content using the said characters image and appearance across online platforms, including pornographic websites, which, the plaintiff argued, was detrimental to the overall reputation and goodwill amassed by the show over the years.

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Personality Rights Privacy Copyright Trademark 110

IP and Legal Filings

JUNE 27, 2022

The fixed definitional contours of the concept of earlier criteria for granting trademarks have slowly become diluted. Usually, body parts are excluded from getting trademark protection. Definitional aspects. Is it possible to trademark signature looks and poses? The reason is its generic character. Conclusion.

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Trademark Intellectual Property Trademark Law Registration 52

Traverse Legal Blog

MAY 1, 2022

Trademark Collateral Security Agreements. Registered or pending trademarks ( intellectual property) can be used as a form of collateral to secure a loan from a financier. Contact us today for more information about our social media, brand and influencer legal services. Article updated May 2022.

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IP and Legal Filings

AUGUST 3, 2023

For example, an ice cream that uses the name “Creamy” for marketing or a cookie brand uses the tagline “Have a Nice Day!”. Likewise, sometimes the dictionary definitions of each word in the mark are examined before granting the registration. This leaves the brands and their counsels quite uncertain.

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Registration Branding Branding Brands 52

IP and Legal Filings

FEBRUARY 4, 2022

Introduction: The concept of comparing and considering a trademark in its entirety is a well-established tenet in trademark law. When a trademark is registered, it provides protection to the mark as a whole, even if it is a composite trademark with numerous aspects in it.

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Registration Trademark Trademark Law Marketing 93

IP and Legal Filings

DECEMBER 23, 2023

Spartan Online [5] , the Calcutta High Court had focused on the need for the domain names to be distinguishable from others for the purpose of establishing separate brand identity. After examining the facts, the court held that the owner of trademark had the exclusive right to register the trademark as a domain name under the trademark law.

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Trademark Registration Trademark Law Business 52

Garrigues Blog

MAY 25, 2022

UCL has to be interpreted carefully, because it is not the same as the definition of association in the field of trademark law (i.e. Protection of its “style” was the main goal of the lawsuit filed by Mr. Wonderful, a company selling gift items whose flagship brand is ALE-HOP®.

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