Erik K Pelton

DECEMBER 19, 2022

The following is an edited transcript of my video Why Restaurants Need Trademark Protection. I love a great meal, I love supporting small local businesses, and I have a connection to the restaurant industry: my wife and my brother-in-law own two restaurants. I’ve seen firsthand the power of protecting a restaurant brand.

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Registration Trademark Social Media Branding 299

IP and Legal Filings

JANUARY 8, 2025

Introduction Customs law and trademark law 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.

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Trademark Law Trademark Law Intellectual Property 59

JD Supra Law

FEBRUARY 3, 2025

In this article, we review a number of notable Canadian trademark cases from 2024 and highlight key developments in Canadian trademarks practice. On February 5, 2025, join us for an insightful webinaras wedeliver a roundup of Canadian trademark law, highlighting some of the most important new cases and practice directions from 2024.

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Trademark Law Trademark Law Branding 70

Erik K Pelton

FEBRUARY 11, 2025

Pelton & Associates (EMP&A) is a boutique firm focusing on intellectual property protection for businesses and brands, including trademark and copyright applications, trademark disputes, matters with the Trademark Trial and Appeal Board, trademark clearance searches, and other matters.

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Intellectual Property Intellectual Property Law Trademark Registration 189

Erik K Pelton

JULY 27, 2022

Did you know that a brand can acquire some trademark rights without registering at the USPTO? Erik explains what these common law trademark rights are and how they work. The post What Are Common Law Trademark Rights? Erik explains what these common law trademark rights are and how they work.

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JD Supra Law

JANUARY 23, 2025

A longstanding Australian brand, UGG Since 1974, is fighting for the right to use its UGG trademark for footwear in the United States.

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IP and Legal Filings

DECEMBER 16, 2024

The fashion industry sector extends beyond simple trademarks, such as logos or brand names, but rather includes characteristics, including colour palettes, product forms, or even the structure of physical store spaces. In an aesthetic-driven industry, these marks are very important for differentiating one brand from another.

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JD Supra Law

NOVEMBER 1, 2024

With a new law allowing on-premise consumption areas, the sale of food and drinks, and the hosting of live music events, businesses are gearing up to create unique and engaging experiences. Recent legislative changes in California have opened up exciting opportunities for cannabis lounges and retailers.

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Trademark Law Music Branding 75

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. Since the costume doesn’t have a mask or any accessories, from a copyright standpoint, it’s likely not breaking any laws. Trademark and Halloween Costumes. Bottom Line.

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Trademark Copyright Cease and Desist Copying 279

Erik K Pelton

JANUARY 16, 2023

The following is an edited transcript of my video What Are Common Law Trademark Rights? What are common law trademark rights? These are rights that a business receives from using a trademark, brand name, logo, slogan, or some other indicator or source without registering it. There are limitations.

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JD Supra Law

JULY 1, 2024

Trademark law continues to be the cornerstone of brand identity. One concept that introduces a unique set of challenges in trademark law is “tacking.” Tacking is the ability of a trademark owner to modify their mark without forfeiting its priority status. By: Sunstein LLP

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Trademark Law Branding Branding Brands 99

SpicyIP

FEBRUARY 4, 2025

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. What followed was the plaintiff seeking a permanent injunction, restraining the defendant from infringing and passing off its trademark. Tanishka is an advocate at the High Court of MP.

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Trademark Marketing Marketing Trademark Law 107

JD Supra Law

MARCH 27, 2025

The protection of innovative ideas, technological developments, and unique brand identities is largely dependent on intellectual property rights (IPR), which promotes economic expansion and innovation. This following law seeks to protect a different type of IPRs, such as trademarks, copyrights, and patents.

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IP and Legal Filings

APRIL 7, 2025

All of these bring a new dynamism with them and, inevitably, challenges–and opportunities–in the field of intellectual property, most particularly trademarks. A trademark would be the asset that holds together a brand identity for a business, ensuring that its goods or services remain differentiated from others in the marketplace.

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Trademark Branding Brands Branding 59

Erik K Pelton

JULY 16, 2024

The following is an edited transcript of my book video Building a Bold Brand Chapter 3: Bold Brands are Everywhere. Bold brands, great trademarks, memorable logos, and witty slogans are all around us. Searching for a new brand name is difficult, but the extra effort and perseverance is absolutely worthwhile.

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Branding Brands Branding Trademark 130

Erik K Pelton

AUGUST 30, 2021

The following is a transcript of my video Influencers Need Trademark Protection Too. The shocking thing that I’ve learned is that many of these influencers are not protecting their brands. Many are not talking steps to register their trademarks. This is astonishing because an influencer essentially is a brand.

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IP and Legal Filings

FEBRUARY 24, 2025

INTRODUCTION For a long time, logos, names, and jingles have been the mainstays of trademark law. 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.

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Trademark Law Trademark Law Branding 52

Erik K Pelton

FEBRUARY 20, 2023

The following is an edited transcript of my video 3 Things I Learned in Law School That I Apply to Trademarks Every Day. It has been more than 25 years since I graduated law school (!) and I was reflecting on some of the lessons that I learned in law school that I apply to my trademark work every day.

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Nelligan Law

FEBRUARY 21, 2025

Now, WWE has filed twelve new trademark applications, reinforcing that intellectual property is just as vital to its business model as the action inside the ring. Osiris Griffin feels like an ancient warrioror maybe a sneaker brand. WWEs trademark strategy is nothing newit has simply become more structured and proactive.

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Branding Branding Brands Business 52

Erik K Pelton

JULY 2, 2024

The following is an edited transcript of my book video Building a Bold Brand Chapter 1: Choose Wisely. Bold brands begin with great brand names, but brands are much more than just names. Brand names are at the core of a brand’s persona. Be creative. Send a message.

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Erik K Pelton

JULY 5, 2022

The following is an edited transcript of my video The Trademark Scam Decision Tree. Past listeners and viewers of my videos and podcasts will know that from time to time I provide an update and more information about trademark scams, and the time has come once again. Patent and Trademark Office and their logos.

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Trademark Intellectual Property Law Intellectual Property Government 211

Indiana Intellectual Property Law

JANUARY 6, 2025

Delta Faucet Company , a prominent manufacturer of kitchen and bathroom fixtures, alleges that Justin and Andrew Bundrick engaged in unauthorized sales of Delta-branded products via Amazon storefronts SummitMerch (previously BunjiSolutions) and A.B.Sales . Test purchases indicated improper packaging and the absence of Deltas warranty.

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JD Supra Law

NOVEMBER 8, 2024

Small business owners should consider securing a federal trademark registration as a means of safeguarding their business identity and distinguishing themselves from competitors.

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Business Trademark Registration Branding 62

IP and Legal Filings

SEPTEMBER 12, 2024

INTRODUCTION Section 29 [1] of the Trademark Act, 1999 , defines infringement as: “Trademarks infringement occurs if an unauthorized party makes use of a registered trademark in a way that is likely to lead to confusion about the origin of the product.” FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign

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Branding Brands Branding Trademark 98

Erik K Pelton

APRIL 12, 2022

What does the golden ratio law of nature have to do with trademark protection? In this episode, Erik ruminates on this concept and reveals its correlation to brand protection. The post The Golden Ratio of Trademark Protection appeared first on Erik M Pelton & Associates, PLLC.

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Indiana Intellectual Property Law

NOVEMBER 22, 2024

. (“Plaintiffs”) have filed a lawsuit against Atlas Mover Group LLC (“AMG”) and United Best Moving LLC (“UBM”) (“Defendants”) for trademark infringement and unfair competition. Over the years, Atlas has built a reputation for high-quality service and earned substantial goodwill in its marks.

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Branding Branding Brands Trademark 52

The IPKat

JANUARY 8, 2025

A story came to this Kat's attention at the end of last year , which highlights that developing a good trademark strategy sometimes requires good awareness of plant variety names. After 16 years of research and testing the variety, UGA decided to brand the new turfgrass as SeaBreeze. What went wrong?

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Trademark Branding Branding Brands 69

Erik K Pelton

NOVEMBER 12, 2023

Pelton & Associates (EMP&A) is a boutique firm focusing on trademark protection for businesses and brands, including trademark and copyright applications, trademark disputes, matters with the Trademark Trial and Appeal Board, trademark clearance searches, and other matters.

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Law Intellectual Property Intellectual Property Law Trademark 162

JD Supra Law

FEBRUARY 14, 2024

An important component of brand ownership is exercising vigilance against fraudulent practices, such as counterfeiting and trademark pirating. Trademark owners must now also be alert to fraudulent communications from seemingly legitimate trademark practitioners. By: Smart & Biggar

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Branding Branding Brands Trademark 114

Corsearch

NOVEMBER 15, 2024

For pharmaceutical companies, protecting brands and patient safety has never been more important — or more challenging. This blog explores the evolving threat landscape facing pharma brands and how a combination of brand protection technology and end-to-end investigations can effectively mitigate these risks.

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Branding Brands Branding Social Media 52

Erik K Pelton

MAY 9, 2022

The following is an edited transcript of my video Sounds, Colors, Scents, and Other Nontraditional Trademarks. Non-traditional trademarks are those things that indicate the source of a brand, but are not brand names, logos, or slogans. Buildings can be registered as trademarks. That’s a registered trademark.

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Trademark Registering Trademarks Registration Design 189

Intepat

DECEMBER 4, 2024

Introduction Trademarks serve as identifiers of the source of goods or services, traditionally encompassing logos, names, and slogans. However, as markets grow increasingly innovative, non-traditional marks have emerged, referred to as unconventional trademarks. The concept of unconventional trademarks has a relatively short history.

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Patently-O

MARCH 12, 2025

Sazerac Brands, LLC , 2023-1682 (Fed. March 12, 2025) In an interesting trademark decision, the Federal Circuit has clarified that terms once considered generic do not necessarily remain permanently unregistrable. provides important guidance on genericness timing and addresses a question of first impression in trademark law.

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JD Supra Law

MARCH 11, 2025

This one-hour CLE session focuses on defending against false advertising and trademark claims, providing practical strategies for brand owners facing allegations of misleading advertising or trademark infringement.

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JD Supra Law

MARCH 18, 2025

A recent precedential decision enlarges the protection for foreign trademark owners. The question was when is it acceptable to use a trademark in the U.S. Plumrose Holding Ltd. USA Ham LLC, Opposition No. 91272970 (January 17, 2025). By: Baker Donelson

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Branding Branding Brands Copying 68

Erik K Pelton

DECEMBER 9, 2022

With the FIFA 2022 World Cup in full swing, it is a great time to review the “playing field” for trademark protection. Goalie – The ultimate protector and backstop: Trademark Registration. Defense – Common law rights acquired by use of the mark.

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Cease and Desist Trademark Registration Brands 147

Erik K Pelton

NOVEMBER 20, 2022

The following is an edited transcript of my video The Benefits of Trademark Monitoring. Trademark monitoring is a tremendous tool in the toolkit for brand owners. Once you have an established, protected brand, there are benefits to staying on top of it and dealing with any infringement that might come up as quickly as possible.

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