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. First, design elements that are “physically or conceptually separate” from the article can be protected. They are part fashion, part artwork, part branding and part character.

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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.

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Kashishipr

AUGUST 25, 2021

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 Trademark Law. Even in other jurisdictions, design rights last only for a limited term and cannot be renewed.

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IP and Legal Filings

SEPTEMBER 17, 2021

Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. Since fashion designers, textile manufactures, apparel companies and artists produce creations of the human intellect, Intellectual Property Rights play a significant role in the fashion industry. dollars in the USA.

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IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. 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.

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Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.

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IPilogue

SEPTEMBER 17, 2021

Staple, who has a history of working for Nike and is the registered owner of the Staple Pigeon brand (seen on Lotas shoes), was left out of the litigation between Nike and Lotas. This is strange, as he was a co-partner in the Lotas product and his trademark pigeon is part of the trade dress of the allegedly infringing shoe.

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The IPKat

OCTOBER 1, 2022

Some IP Thoughts on Dolce & Gabbana’s SS23 Collection Curated by Kim Kardashian, and other Fashion Heritage at Fashion Week By Felicia Caponigri During Milan Fashion Week held last week, the Italian fashion brand Dolce & Gabbana debuted their Spring/Summer 2023 ready-to-wear collection. copyright law.

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The IPKat

DECEMBER 23, 2023

As a plant intellectual property nerd , this Kat was delighted to get her hands on the new book Intellectual Property and the Design of Nature (Oxford University Press, 2023), edited by Jose Bellido and Brad Sherman.

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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?

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The IPKat

SEPTEMBER 15, 2022

One of the first enacted changes concerned the rules for calculation of the compensation paid to the patent owner in the event that an invention, utility model, or industrial design is being used without the patent owner’s authorization. The list includes such well-known brands as Apple, HP, Panasonic, Siemens, Tesla, and Volkswagen.

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IPilogue

OCTOBER 19, 2021

The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. When it comes to food designs, how far can a trademark go? On September 28, 2021 , The Hershey Co.

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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.

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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.

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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?

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Kashishipr

DECEMBER 15, 2021

Trademarks indicate the origin of a product. While they commonly consist of a brand name or logo, the shape of a product may also be an indication of its origin. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. Registration took two years.

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IP Law 360

OCTOBER 4, 2022

The trademark infringement battle between Penn State and Vintage Brand over selling merchandise containing the school's trademarks raises the issue of whether designs on apparel serve as source identifiers for the goods themselves — and could significantly affect trademark law and the merchandising industry, say Cheryl Howard and David Ervin at Crowell (..)

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IPilogue

JULY 27, 2021

French champagne producers are protected by intellectual property rules established by the World Trade Organization (WTO) that gives them a monopoly over the use of their brands. While trademark law protecting geographical indications is fairly straightforward, Article 20 caused a fair amount of political debate this past decade.

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IP and Legal Filings

DECEMBER 3, 2024

Madrid Protocol provides a simplified mechanism towards even more unifying international registration for trademarks to overcome such hurdles. This blog will examine the features, benefits, effective functioning, and strategies on how best to use the Madrid Protocol to protect the brand globally. Possible Extra Costs.

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The IPKat

JANUARY 27, 2022

Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products.

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The IP Law Blog

AUGUST 18, 2022

Many people associate brands with particular colors – if you think of Tiffany & Co., you think of its famous robins-egg blue boxes and branding; if you think of Barbie, you can see the bright pink that came with so many childhood toys. The first company to trademark a color was Owens-Corning.

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Technology & Marketing Law Blog

DECEMBER 11, 2023

MSCHF has frequently targeted major brands. At this point the Second Circuit baldly states “MSCHF used Vans’ trademarks—particularly its red and white logo—to brand its own products.” Unlike the defendant in Jack Daniel’s , MSCHF, at least amongst its relevant consumers, has a valuable brand.

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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: Trademark law permits others to use your mark if that use qualifies as fair use. important;}}@media screen and (max-width: 767px) {.thegem-vc-text.thegem-custom-6402f22ad89cf2570{display:

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43(B)log

JUNE 24, 2022

Other IP rights: utility patent creates presumption of functionality; wonders about whether presence of non-TM IP protection for ornamental features—design patent, ©--might create a presumption of mere ornamentality w/o further evidence of source signification. Every figurative TM will be protected by ©/design, built into the system.

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LexBlog IP

JANUARY 14, 2022

Navigating Brand Protection and Trademarks for Social Media Influencers. Building a brand or business as an influencer on social media is not easy. Not only are you tasked with building a successful, recognizable brand, you’re building yourself as the brand. Making a brand out of a social media business.

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Technology & Marketing Law Blog

APRIL 3, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and was one of the signatories of the First Amendment Professors amicus brief filed in Jack Daniel’s Properties, Inc.

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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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SpicyIP

JANUARY 23, 2023

Delhi High Court sets aside the cryptic order passed by the Respondent, directs to consider the matter afresh Case: Alfred Von Schukmann vs The Controller General Of Patent, Designs and Trademarks and Ors. The Defendant argued that the suit design was published prior to the date of registration under a different trade name.

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SpicyIP

APRIL 4, 2022

The case decided by a single-judge bench, concerned an allegation of infringement of trademark, disparagement, dilution and tarnishment, damage to reputation, and tarnishment of brand equity filed by Hamdard National Foundation (Hamdard) against Sadar Laboratories (Sadar Labs).

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Kashishipr

MARCH 2, 2022

On the other side, thorough Trademark Protection and effective market permeation can result in ‘genericide,’ which refers to any mark gaining so much prevalence that it becomes a generic reference for all products in the same vein. Escalator, Trampoline, and Aspirin – Do you know what all these brands have in common?

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Intepat

DECEMBER 21, 2021

Is the Trademark Act applicable to QR Codes? As Trademark Law only protects elements that allow the public to easily identify the goods and services, such as names, logos, slogans, sounds, or colours, QR codes cannot be trademarked on their own. What exactly is the issue with QR codes?

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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.

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Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 1125(c)(3)(A). 1125(c)(3)(A).

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Intepat

DECEMBER 4, 2024

However, unconventional trademarks challenge traditional concepts of visual representation, leading to significant complexities in their registration, protection, and enforcement. Their essence lies in unique sensory elements that transcend conventional designs and embody distinctiveness in novel ways. Pawan Kumar case.

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The IP Law Blog

MARCH 5, 2021

Put in common parlance, if the general public primarily understands the word to designate the product rather than the producer , the word is generic. There is a two-part test used to determine whether a designation is generic: (1) What is the class of goods or services at issue? This is commonly referred to as Genericide.

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Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” Trademark Owner Sues Over Alleged Twittersquatting–Coventry First, LLC v.

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LexBlog IP

OCTOBER 3, 2023

Of those, inventors who make board games often go straight to patent filings and forget about the trademark analysis. This article considers a sub-category of trademark law that allows for some interesting board game protection. It serves as a powerful tool for brand recognition. Take, for instance, a Coca-Cola bottle.

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