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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
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].
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.
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.
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™.
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.
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].
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%.
It serves as an essential element in making up the brand identity, customer loyalty, and market differentiation. A strong trademark opens the door for instant recognition and emotional connection with the consumers such as the infamous Nike’s “swoosh” [2].
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.
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.
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.
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.
[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.
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.
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.
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 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.
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
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.
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.
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 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.
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.
Introduction Well, the online space is indeed centuries apart from any business process for creating a brand and speaking with its audience; now everything can even protect its intellectual property. However, it provides both good challenges and opportunities under trademarklaw. It has also brought a lot of challenges.
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.
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.
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.
Despite Emoji Company’s apparent confidence in the strength of its brand, the reality is that consumers looking to buy emoji-themed stickers are likely to search for the word “emoji.” This is not because they seek any Emoji-Company-branded products (licensed or otherwise). ” Trademarklaw does not restrict that usage.
The low grade the court earned is a consequence of it losing many points by misstating the law, misapplying the law, and especially skipping over the part where it was supposed to share its analysis and instead just stated its conclusion. MSCHF has frequently targeted major brands. Studio, Inc. LEXIS 32063 (2d Cir.
The latest episodes of the new Disney+ television series "She-Hulk: Attorney at Law" shine a rare spotlight on trademark infringement, as a superpowered influencer takes the titular Marvel Comics hero to court for using the same name as a "She-Hulk" brand that she claims to own. Warning: Spoilers ahead.
In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. Is anything here on the list?
As a result, interim orders in trademark infringement cases have become somewhat standardized. However, even in areas of the law that are not fully developed, it is crucial to indicate the legal basis for an order, even if briefly, as this requirement should not be sacrificed for the sake of judicial expediency. In Gautam Gambhir v.
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