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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 trademarklaw, highlighting some of the most important new cases and practice directions from 2024.
Trademarklaw continues to be the cornerstone of brand identity. One concept that introduces a unique set of challenges in trademarklaw is “tacking.” Tacking is the ability of a trademark owner to modify their mark without forfeiting its priority status. By: Sunstein LLP
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.
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.
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.
February 6, 2025 Erik M Pelton & Associates, PLLC (EMP&A), a leading trademarklaw firm dedicated to protecting brands, is proud to announce the successful registration of U.S. The newly patented software enhances efficiency, accuracy, and client service by automating key aspects of the trademark management process.
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.
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.
NON-FUNGIBLE TOKENS AND TRADEMARK INFRINGEMENT: WHERE DOES THE LAW STAND? StockX, LLC, Nike filed a trademark infringement lawsuit against StockX, LLC, an online resale sneaker retailer, in February 2022 in the U.S. District Court for the Southern District of New York.
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. Law on Color Trademarks in India. For more visit: [link].
The post WAL-ZYR versus ZYRTEC: Allergic to legislating trademarklaw? I have no problem using the TTABlog for a blog launching point every week. Why would I when I can riff on a post such as this one, about an. appeared first on LIKELIHOOD OF CONFUSION™.
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.
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.
The post Best of 2013: WAL-ZYR versus ZYRTEC: Allergic to legislating trademarklaw? I have no problem using the TTABlog for a blog launching point every week. Why would I when I can riff on a post such. appeared first on LIKELIHOOD OF CONFUSION™.
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 . Continue reading
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? So, I wrote Brand Tuned, the new rules of branding, strategy and intellectual property.
2023 was an active year in Canadian trademarklaw. Canadian Courts addressed a wide range of issues, from licensing to comparative advertising to co-branding. Notable changes also emerged from the Canadian Trademarks Office. Additionally, many trademark fees increased by 20-35%.
To provide security and prevent this, Indian law has established protection for marks and symbols with religious connotations; hence, if a mark includes anything that might offend a certain class of people or segment of the public due to their religious sensibilities, protection may be denied to such a mark [4].
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 trademarklaw.
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.
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.
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.
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.
Loh deliver a roundup of Canadian trademarklaw, highlighting some of the most important new cases and practice directions from 2024. These are the key cases and legal developments that brand owners ought to know. Join us for an insightful session as our presenters Pelle Berends, Tierney G.B. Deluzio, Meika Ellis and Kwan T.
[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.
One of the main areas of intellectual property law development is the link between artificial intelligence and intellectual property rights (IPRs). Growing AI-related business activity, early case law, and legislative and international policy activities are making it more and more relevant in practice.
Hons) student at the National Law University Delhi with a keen interest in the intersection of law and policy. Hons) student at the National Law School of India University, Bangalore with a keen interest in various aspects of IPR and technology law. ] Khushi is a third-year B.A., Vishno is a third-year B.A.,
To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademarklaw 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.
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.
She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Concluding Remarks The instant case has shed light on several aspects of trademarklaw, ranging from the application of the passing off test and use of house marks, to the relevance of the first to use system.
For startup founders, navigating the complexities of trademarklaw is essential for protecting your brand. These are formal disputes aimed at challenging an application or registration for a trademark. An important aspect of this process involves understanding opposition and cancellation proceedings.
As the renewable energy sector continues to experience significant growth and attract emerging companies, it becomes essential for entrepreneurs and business owners to understand the legal landscape surrounding trademarks and potential bankruptcy issues. By: Foley & Lardner LLP
In trademarklaw, the concept of distinctiveness is central to protecting your brand and ensuring it stands out in the marketplace. Understanding the levels of trademark distinctiveness can help startup founders make informed decisions when selecting and registering trademarks.
Against the backdrop of Atlanta's vibrant culture and dynamic business environment, attendees can expect a diverse lineup of speakers, interactive workshops, and insightful sessions covering the latest trends and developments in trademarklaw, brand protection, and intellectual property. By: Foley Hoag LLP - Making Your Mark
In our previous article, Protecting Your Brand: A Primer on Canadian Trademarks, we touched upon the beginning stages of a trademark application and considerations such as, "Should I register my trademark?" and "Is the trademark available?" By: Miller Canfield
This year kicked off with new tools to help brand owners protect and enforce their marks. The use of a trademark in commerce is an important aspect of U.S. trademarklaw; however, an increasing number of trademark registrations have been obtained and maintained for marks that are not in use in U.S. By: Jones Day
.” 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.
academics with expertise in trademarklaw. The SHOP SAFE Act represents one of the most significant proposed reforms of trademarklaw 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 trademarklaw.
The arbitral award, dated March 7, 2025, brings clarity to the protections available to well-known brands in Indias domain name system and underlines the risks of cybersquatting. Over the decades, it has built a reputation not just for technology, but also for its distinct brand identity. In a significant decision under the.IN
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.
The following is an edited transcript of Chapter 12 of my book video Building a Bold Brand: Using and Choosing Trademark Counsel I get asked all the time, “Can I file a trademark application by myself?” How do you keep abreast of developments in the field of trademarklaw? How many trademarks have you registered?
A case like this begins with the territorial doctrine of trademarklaw: Under the territoriality doctrine, a trademark is recognized as having a separate existence in each sovereign territory in which it is registered or legally recognized as a mark. McCarthy on Trademarks § 29:1. ” = = =. & Tech.
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.
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