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

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. Trademark and Halloween Costumes. Copyright and Halloween Costumes.

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Copyright Trademark Cease and Desist Copying 252

LexBlog IP

OCTOBER 3, 2023

Trademark Protection for Board Games by Yuri L. Eliezer.block-content { padding-top: 12px; background-ffffff; background-image: none; } Trademark Protection for Board Games: Unlock the Potential of Trade Dress for Your Board Game Table of Contents: What is Trade Dress Protection? It serves as a powerful tool for brand recognition.

Trademark 52

Trademark Intellectual Property Intellectual Property Law Inventor 52

Intepat

JUNE 25, 2024

Introduction Trademark licensing is a legal phenomenon where a trademark owner (Licensor) grants permission to another (Licensee) to use the trademark on mutually agreed terms and conditions. Hence, it reduces the uncertainty associated with the licensing of trademarks.

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Licensing Trademark Branding Brands 52

azrights

OCTOBER 27, 2023

Last week’s newsletter How to avoid the biggest brand management mistakes , highlighted that the role of our business name and signs like logos, taglines, characters, or sounds is to enable buyers to recognise that it’s us. The cancellation of Lacoste’s trademark paved the way for Crocodile to register its own crocodile logo in New Zealand.

Trademark 52

Trademark Branding Brands Branding 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.

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Trademark Registering Trademarks Marketing Marketing 107

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.

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Trademark Intellectual Property Registration Designs 105

LexBlog IP

DECEMBER 26, 2023

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. There have been some court decisions on this precise topic, but the law is not completely settled.

Designs 52

Designs Design Trademark Copyright 52

Olartemoure Blog

JULY 17, 2024

THE ART OF TATTOOING AND COPYRIGHT Tattoos are protected by copyright laws as original works of art. When a tattoo design is created and inked onto skin, it automatically gains copyright protection. This means the tattoo artist holds the exclusive rights to reproduce, distribute, and display the design.

Intellectual Property 52

Intellectual Property Moral Rights Art Branding 52

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. Jitender V. Jain and Anr.,

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Trademark Trademark Law Law Advertising 90

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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Social Media Branding Brands Branding 52

IPilogue

NOVEMBER 22, 2022

You may recall Usain Bolt’s subtle but impactful tweet on August 23, 2022, adding a trademark emoji to his iconic quote, “To the World”. That tweet spoke to his trademark of his iconic “lightning” celebration pose, indicating Bolt’s possible plans to create merchandise using his iconic celebrity power and image.

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Trademark Social Media Branding Brands 59

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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Design Patent Patent Infringement Designs Design 70

IPilogue

SEPTEMBER 17, 2021

This article was originally written as a requirement for Victoria Burke and John Begakis’ course on Fashion Law. Trademark Infringement / Anti-Dilution – Nike v Warren Lotas. Nike wasted no time and quickly filed a trademark infringement and anti-dilution lawsuit. Trademark Infringement – Nike v MSCHF.

Trademark 106

Trademark Branding Brands Branding 106

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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Trademark Registration Marketing Marketing 138

IP and Legal Filings

SEPTEMBER 3, 2021

Such strategies are not merely restricted to trademarking names, patenting products or copyrighting creative material. In fact, businesses have begun to extend the scope of Intellectual Property laws by protecting subsets of their products or services. This has introduced a new wave of non-conventional trademarks.

Trademark 52

Trademark Branding Brands Branding 52

Kashishipr

MARCH 2, 2022

What happens after you get your mark registered as a trademark? Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Furthermore, it will also never enforce your trademark rights on your behalf.

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Registering Trademarks Trademark Registration Trademark Law 105

Technology & Marketing Law Blog

APRIL 3, 2023

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. Jack Daniel’s contends this design infringes its trademarks and tarnishes its brand.

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Blogging Trademark Fair Use Trademark Law 104

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. The post Can QR Codes Be Trademarked? Judicial Decision.

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Trademark Intellectual Property Registering Trademarks Branding 98

Kashishipr

AUGUST 24, 2022

By establishing a brand name, a service provider in the hospitality industry can benefit from having many customers and build a good reputation. Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India. Trademark for the Taj Mahal Palace Hotel.

Trademark 52

Trademark Branding Brands Branding 52

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. yet this relationship has received very little attention.

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Intellectual Property Designs Design Intellectual Property Law 70

Larson & Larson

JULY 13, 2023

Patents and trademarks are two forms of intellectual property protection, but they serve different purposes. Here’s an overview of how patent protection and trademark protection differ: What is a Patent? What is a Trademark? Trademarks can be renewed indefinitely as long as they continue being used in commerce.

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Trademark Patent Invention Intellectual Property 40

Kashishipr

SEPTEMBER 7, 2022

When we talk about building brand image and attraction, fashion companies put in a lot of time, money, effort, and hard work. Trade dress protection falls under trademark law as the design functions as a trademark, i.e., identifying a product emerging from a specific fashion house or fashion designer.

Trademark 52

Trademark Designs Design Marketing 52

IP Tech Blog

AUGUST 17, 2022

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. Is this however a case of trademark infringement? Trademark or Unfair Competition? And, why is this important?

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

IP and Legal Filings

JULY 5, 2023

Introduction Trademarks are recognised phrases, words, or symbols that designate a certain item and lawfully distinguish it from all other items of the same type. A trademark is a valuable intellectual property that businesses use to differentiate their brand from their competitors’ in the market.

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Trademark Registration Branding Brands 59

Biswajit Sarkar Copyright Blog

NOVEMBER 25, 2022

A trademark is a mark that distinguishes the goods and services of one person, from the other. It helps consumers differentiate between the myriad brands available in the market today. A trademark is territorial in nature, thus, if the trademark is registered in India, it can only be protected within the Indian jurisdiction.

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Trademark Registration Reporting Branding 52

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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Editing Law IP Designs 105

IP Tech Blog

MARCH 23, 2022

More and more companies are entering the Metaverse leading to a trend towards increased filings of trademarks in the “virtual” classes. Whilst the SPB Team does not blindly follow trends, we are advising all our trademark clients (even the more “conservative” ones) now to file trademarks covering goods and services related to the Metaverse.

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Trademark Branding Brands Branding 57

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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Trademark Law Branding Brands Branding 72

The IP Law Blog

MARCH 5, 2021

, the executives at Peloton believe that the trademark SPIN is of great importance. Last month (February, 2021), Peloton filed petitions to cancel the trademarks SPIN and SPINNING for physical fitness instruction and for stationary exercise bicycles on the grounds that the marks are generic. This is commonly referred to as Genericide.

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Trademark Branding Brands Branding 85

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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Law Branding Brands Branding 88

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’ve left out the parts specific to registered trademarks and the reference to treaties. Taco Cabana, from 1992.

Trademark 57

Trademark Fair Use Registration False Advertising 57

IP and Legal Filings

MAY 8, 2024

Introduction The labyrinthine world of trademark disputes often unveils intricate legal debates and subtle nuances, where the discerning eye of the judiciary must navigate through layers of visual, phonetic, and structural intricacies. The plaintiffs have obtained registration in respect of their trademark in Class-33.

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Trademark Intellectual Property Branding Brands 52

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. Image Sources: Shutterstock] Amid this growth, the issue of trademark infringement is faced by the trademark owners in online marketplaces.

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Marketing Marketing Trademark Registration 89

LexBlog IP

SEPTEMBER 1, 2023

’s (“Whirlpool”) famous KITCHENAID trademarks and trade dress. In January 2022, Whirlpool sued Shenzhen alleging trademark infringement and dilution, trade dress infringement, and unfair competition under both federal and state law for Shenzhen’s sale of its stand mixers sold online under the names COOKLEE and PHISNIC.

Trademark 52

Trademark Designs Design Registration 52

LexBlog IP

OCTOBER 10, 2023

Eliezer How to Legally Protect your Board Game with Intellectual Property Law Table of Contents: Copyright Law Design Patents Trademarks and Trade Dress Utility Patents Limitations of Protection Say there is a game that’s been around. If You’re Making Your Own Board Game, How Do You Protect Your Idea?

Design Patent 52

Design Patent Intellectual Property Designs Design 52

LexBlog IP

MARCH 23, 2022

More and more companies are entering the Metaverse leading to a trend towards increased filings of trademarks in the “virtual” classes. Here is why: New opportunities for growing your brand. In both the real world and the Metaverse, this data can then be used to increase sales and brand awareness.

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Trademark Branding Brands Branding 52