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AI and the Global IP System We need a worldwide intellectual property (IP) structure that encourages innovation and invention if we are to benefit from generative AI. The fast uptake of novel technologies such as generative AI necessitates an adaptation of the IP management systems. Impact of AI in different aspects 2.1.
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.
INTRODUCTION For a long time, logos, names, and jingles have been the mainstays of trademarklaw. A recent trend in branding, however, is the use of non-traditional trademarks such as haptic markings. These markings play a crucial role in differentiating brands and improving the customer experience.
In sports, a chain of title has relevance within their agreement, which includes the release of the athletes talents so that their talent can be branded for profit. Therefore, sports tie ups with pre-existing IPs and brands make it easier for commercial exploitation and profit maximisation.
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? There are a wide range of companies offering branding services.
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.
Introduction Customs law and trademarklaw operate at a crucial interface when it comes to protecting intellectual property rights (IPRs) and against counterfeiting. The Trademarks Act, 1999, gives trademark protection to the identity of brands.
In India, the protection of architectural designs falls under three main categories of the Indian IP regime, namely copyrights, designs and trademarks. This poses a serious challenge for architects to secure IP protections for their designs. Trademarking of a building s design is a significant step in branding and marketing.
Current trademarklaw isn't sufficient to put a stop to copycat THC edibles that are making thousands of kids in the U.S. sick, many of whom are tricked into consuming them because they are packaged just like name-brand snacks, experts said Thursday.
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.
Kat friend Iana Kazeeva provides an enlightening discussion on steps taken by the Russian government and courts with respect to IP following the invasion of Ukraine. The common denominator is the use of changes to the IPlaw as a political instrument towards states taking “unfriendly” actions against Russia.
.” In other words, they sought to establish (using centuries-old chattel-based theft doctrines rather than trademarklaw) 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.
Introduction Trademarklaw is mainly governed by two key principles: “first to file” and “first to use.” ” While countries like China focus on the “first to file” rule, India gives more importance to those who first use a trademark in the market. trademarklaw. Banff, Ltd.
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.
The single color or color combination of a product’s packaging can obtain Trademark Protection only if it is capable enough to be recognized by the general public as unique or belonging to a specific brand. It also encourages safeguarding the interests of the traders and consumers in the market. For more visit: [link].
INTRODUCTION A distinct scent has immense recall value and the potential to become a powerful identifier of a brand. Several luxury brands, including Tom Ford, Chanel, and Dior, annually invest millions into developing and marketing their signature perfumes. billion in 2025.
A lawsuit recently filed in New York federal court marks a critical moment in the intersection of artificial intelligence and trademarklaw, underscoring the importance of and challenges surrounding IP owners' ability to protect their brands as AI-generated content continues to grow, says Wendy Heilbut at Heilbut LLC.
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 trademarklaw, even if they are not strictly prohibited. Difference Between Trademark and Service Mark. In Parul Food Specialities Pvt. 1] Acharya, M.
The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.
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 TrademarkLaw. The post Limited Edition Products: Can they be Protected under IPLaw? For more visit: [link].
As intellectual property laws evolve, accommodating unconventional trademarks becomes pivotal, highlighting their growing commercial and legal significance in a highly competitive and creative global economy. The concept of unconventional trademarks has a relatively short history. Pawan Kumar case. For example, in the Cadbury v.
Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact).
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. For example, Pizza Express is trademarked. Obviously, this doesn’t stop anyone else who sells pizza from using the word pizza to describe their offerings or as part of their brand names.
Proposed amendments to China's TrademarkLaw 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.
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, trademarklaw 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.
The recently published Draft Amendment to the Chinese TrademarkLaw 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.
To do this, food firms invest a lot of money in developing and promoting distinctive brands and are increasingly turning to intellectual property (IP) protection as a means of establishing or maintaining their leadership in the industry. IP provides a wide range of tools that can help businesses stand apart from the competitors.
The IPKat is delighted to host the contribution below by Katfriend Felicia Caponigri (IMT Alti Studi Lucca and Fashion by Felicia) on the IP implications of the recent and seemingly already iconic Dolce&Gabbana fashion show at the recent Milan Fashion Week. Here’s what Felicia writes: Archival Authenticity or Iconic Copies?
[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. For undisputed ownership of virtual designs, Intellectual Property (IP) laws must be thoroughly handled with.
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. However, we’re already observing complex IP and brand protection challenges, and it’s important businesses plan their strategies carefully.
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.
Non-conventional or Non-Traditional trademarks such as sounds, color, shape, scent or any other motion marks have emerged as a new innovative tools widely being used in the todays changing and competitive market era that redefine how brands connect with the public at large.
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 trademarklaw.
Underwood Chair in Law at Vanderbilt University Law School, US. In the introduction, Gervais explains that the approach to discussing IPlaw reform taken in this edited collection is considering both primary and secondary level reform. And now she has our full attention.
As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. A special thanks to Mr. G. Nataraj, Ms.
The marijuana industry still lives in the shadows of trademarklaw while the drug remains federally illegal, leaving businesses and their lawyers to seek workarounds to protect their brands.
2021 offered many lessons to Canadian trademark owners including: reminders of the challenges of enforcing inherently weak trademarks and the importance and benefits of registering IP rights at the Canadian border. By: Smart & Biggar
The recently published Draft Amendment to the Chinese TrademarkLaw 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.
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.
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.
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.
This case highlights the intersection of trademarklaw and e-commerce regulation, raising questions about the accountability of online marketplaces in protecting brand integrity. of facilitating the sale of counterfeit BHPC products, tarnishing the brands image and causing substantial financial loss. crore (USD 33.78
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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