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. Offense – goal scoring and attacking: litigating as needed to protect the brand.

Cease and Desist 147

Cease and Desist Trademark Registration Branding 147

JD Supra Law

DECEMBER 17, 2024

On November 19th, after over three (3) years of litigation, a jury in Williamsport, Pennsylvania finally found Vintage Brand, LLC (Vintage) and two other defendants liable for trademark infringement for selling counterfeit merchandise bearing the marks of The Pennsylvania State University (Penn State). By: Saul Ewing LLP

Trademark 65

Trademark Branding Brands Branding 65

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

Branding 98

Branding Brands Branding Trademark 98

IP Watchdog

AUGUST 17, 2021

When an influencer is paid to promote a brand – and the brand’s name is trademark-infringing – can the influencer be on the hook for the infringement? The result could widely expand trademark litigation against influencers – and could reshape how companies and their influencers relate to one another contractually.

Trademark 131

Trademark Litigation Branding Brands 131

IP Watchdog

AUGUST 23, 2021

Patsy's Brand, Inc., the United States Court of Appeals for the Second Circuit ordered that the June 4, 2020 judgment of the United States District Court for the Southern District of New York be vacated for not complying with the Second Circuit’s mandate, with judgment being entered for Patsy’s Brand and the case dismissed.

Litigation 137

Litigation Branding Brands Branding 137

Erik K Pelton

JANUARY 6, 2022

Summer is around the corner, which means we are seeking law student(s) for a paid IP/Trademark internship from May/June – July/August 2022. Strong candidates will have coursework or other experience in the field of trademarks and intellectual property. Applications will be accepted through January 24, 2022.

Intellectual Property 231

Intellectual Property Intellectual Property Law Trademark Registration 231

Erik K Pelton

FEBRUARY 28, 2022

The following is an edited transcript of my video Trademark Registration: The Whole is Greater Than the Sum of Its Parts. And one very important application for our purposes is that when it comes to trademark registration and the protections created by it–the benefits created by it–the sum really is greater than the parts.

Registration 147

Registration Trademark Registering Trademarks Branding 147

Erik K Pelton

SEPTEMBER 17, 2024

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?” Does your practice handle other types of cases, or is it focused on trademarks? How many trademarks have you registered?

Trademark 130

Trademark Registering Trademarks Editing Trademark Law 130

Intellectual Property Law Blog

JUNE 9, 2021

The harm caused to brands by counterfeiting goes far beyond loss of sales or profits. Fake goods jeopardize public health and safety when a brand’s trademark is applied to a sub-standard and potentially harmful product. What is more, the reputational damage inflicted by low-quality products can be devastating.

Brands 113

Brands Branding Branding Cease and Desist 113

Plagiarism Today

AUGUST 11, 2021

” Prado was talking about the “fast fashion” brand Shein. The wildly popular brand is famed for its imitations of popular, luxury items at bargain-basement prices. Instead, fashion designers have relied heavily on trademarks to protect their work. Their goal is to ride the trend, not create infringing works.

Plagiarism 264

Plagiarism Design Designs Copying 264

IP Watchdog

JANUARY 6, 2025

Slogans play a crucial role in branding, serving as memorable and important expressions of a companys identity. In Brazil, slogans are eligible for trademark registration, but their acceptance has historically been limited by strict requirements for distinctiveness and functionality.

Trademark 52

Trademark Branding Brands Branding 52

IP Watchdog

NOVEMBER 18, 2024

This case will undoubtedly impact the ability of third parties to use a brand’s trademark in artistic endeavors or the ability of brands to restrict the use of their trademarks by third parties, or both. District Court for the Southern District of New York.

Trademark 64

Trademark Branding Brands Branding 64

IP Watchdog

JUNE 30, 2022

There are not many trademark cases that are of equal interest to high fashion, the art world and cutting-edge tech. The ongoing “MetaBirkin” lawsuit is unusual, however, in that it involves a designer brand and two of the latest, trending topics – non-fungible tokens (NFTs) and the metaverse.

Non-Fungible Tokens 98

Non-Fungible Tokens Trademark Litigation Design 98

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. and I was reflecting on some of the lessons that I learned in law school that I apply to my trademark work every day. You see this in opening arguments, closing arguments, or in trials and litigation.

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Trademark Law Branding Brands 147

IP Law 360

JANUARY 24, 2023

Intellectual property owners who can't justify the cost of trademark, copyright or advertising litigation in the current uncertain economic climate should consider less expensive brand-protection options, such as the Digital Millennium Copyright Act's uniform takedown procedure for online copyright infringement, says Michael Justus at Katten.

Branding 75

Branding Brands Branding Litigation 75

IP and Legal Filings

JANUARY 30, 2022

This popular case originated from a long-running legal dispute involving the Petitioner, Lucky Brand Dungarees, Inc. Lucky Brand), and the Respondent, Marcel Fashions Group, Inc. Lucky Brand claimed a defense against Marcel in the most recent case between the two, which it had not fully explored in a previous suit between them.

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Trademark Branding Brands Branding 105

IP Watchdog

SEPTEMBER 13, 2024

an AI software company, has sued Google, LLC for trademark infringement, alleging that the rebranding of Google’s AI chatbot from BARD to GEMINI represents a “calculated decision to bulldoze over Gemini Data’s exclusive rights without hesitation.” Patent and Trademark Office (USPTO). Patent and Trademark Office (USPTO).

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Trademark Branding Brands Branding 115

IP Watchdog

DECEMBER 16, 2021

The past year has seen the implementation of brand-new trademark legislation, significant analysis of trademark liability for new technologies, renewed focus on the doctrine of initial interest confusion, the transformation of Nikes into “Satan Shoes,” the functionality of chocolate dipped cookies, and the end to a long-running case involving two multi-million (..)

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Trademark Branding Brands Branding 124

IP Watchdog

SEPTEMBER 11, 2023

Court of Appeals for the Third Circuit issued a precedential decision on trademark functionality doctrine in PIM Brands Inc. On September 7, the U.S. Haribo of America Inc.

Trademark 132

Trademark Registering Trademarks Branding Brands 132

IPilogue

SEPTEMBER 17, 2021

Trademark Infringement / Anti-Dilution – Nike v Warren Lotas. Nike wasted no time and quickly filed a trademark infringement and anti-dilution lawsuit. Staple, who has a history of working for Nike and is the registered owner of the Staple Pigeon brand (seen on Lotas shoes), was left out of the litigation between Nike and Lotas.

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Trademark Branding Brands Branding 105

IP and Legal Filings

DECEMBER 13, 2024

The Trade Marks Act, 1999 governs the use of trademarks in India. It concerns with the registration and protection of trademarks for products and services alike from being used deceptively, false marks. That, whether the respondent exploit the unfair advantage of the petitioner brands goodwill in the trademark application?

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Trademark Branding Brands Branding 98

Technology & Marketing Law Blog

OCTOBER 5, 2023

Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net.

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Trademark Fair Use Trademark Law Brands 133

SpicyIP

OCTOBER 14, 2024

The plaintiff claimed to have used the trademark “POLO” since 1967. The defendants were using the trademarks “POLO,” “POLO BY RALPH LAUREN,” and a device of a polo player for their footwear products, which closely resembled the plaintiff’s marks. Mrs Arti Gupta & Anr.

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Trademark Registering Trademarks IP Copyright 105

IP and Legal Filings

OCTOBER 26, 2023

Introduction Trademarks are an important division of Intellectual Property Rights (IPR) as it considerably contributes in identification and promotion of a product. A well- known trademark helps the consumers in spotting the difference between similar products by educating them about the product which results in informed choices.

Cease and Desist 105

Cease and Desist Trademark Registering Trademarks Business 105

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.

Law 162

Law Intellectual Property Intellectual Property Law Trademark 162

IP and Legal Filings

FEBRUARY 7, 2023

This demonstrates the succinctness and simplicity of the Metaverse’s trademarking mechanism. Their rights will be protected thanks to the metaverse brands’ trademarks. By deterring rip offs, trademarks safeguard a company’s identity and the repute of its brand(s), especially in the Metaverse.

Trademark 98

Trademark Non-Fungible Tokens Branding Brands 98

Selvam & Selvam Blog

FEBRUARY 28, 2025

This case highlights the intersection of trademark law 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

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Due Diligence Intellectual Property Branding Brands 52

IP Watchdog

MARCH 11, 2023

Supreme Court on Friday, March 10, in a major trademark case set to be argued on March 22. The brief contends that the country’s most popular brands are at risk of losing their brand identity if the Court affirms the U.S. Jack Daniel’s Properties, Inc. filed its reply brief with the U.S.

Branding 98

Branding Brands Branding Trademark 98

IP Watchdog

APRIL 25, 2023

What was not a part of these discussions were the implications to Fox’s trademark, FOX NEWS®. million settlement and the subsequent departure of Tucker Carlson—it could cost their name and brand. This case, even though it just settled, may have just cost Fox News a lot more than the $787.5

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Trademark Settlement Branding Brands 124

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

IP Watchdog

FEBRUARY 27, 2025

serves as a cautionary tale for brand owners on the importance of pursuing foreign trademark protection early and often. For many in the United States and other parts of the world, UGG is widely recognized as a specific brand of sheepskin boots. Wolverine Group Pty Ltd. The case revolves around who can use the term UGG.

Brands 52

Brands Branding Branding Trademark 52

Patent Trademark Blog

JANUARY 26, 2023

Are there inexpensive ways to enforce trademarks? Yes, it is possible to enforce trademarks without much money. You can use a cost-effective strategy for registering and enforcing trademarks, but a reasonable investment will be required. These costs, however, should pale in comparison to the costs of litigation.

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Trademark Registration Registering Trademarks Blogging 97

Copyright Lately

OCTOBER 20, 2024

American accused the website of deceiving customers, selling unauthorized tickets, and tarnishing its brand. But that was a sideshow to the airline’s more substantial trademark claims and allegations of consumer confusion. It sought $94.4 Skiplagged’s disclosures about “hidden city” ticketing.

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Copyright Fair Use Social Media Business 83

Kashishipr

FEBRUARY 2, 2022

The ultimate success of brands and businesses in the modern world largely depends on the groundbreaking innovation that sets them apart from the rising competition in the market. Having a robust Intellectual Property (IP) portfolio and strategizing well to maintain it can do wonders in enhancing your brand value and market share.

Branding 98

Branding Brands Branding Business 98

JD Supra Law

APRIL 17, 2023

Employing a brand extension strategy can be a powerful way to leverage an existing brand and its consumer reputation to promote a new product, flavor, or product variation. However, it can also mislead consumers and result in consumer confusion. The expectations associated with the. By: Davis Wright Tremaine LLP

Brands 68

Brands Branding Branding Litigation 68

IP Watchdog

FEBRUARY 9, 2023

Luxury fashion brand Hermès won their trademark lawsuit against Mason Rothschild, the creator of the non-fungible tokens (NFT) MetaBirkins, on Wednesday. A nine-member New York jury ordered Rothschild to pay Hermès $110,000 for infringing on the luxury brand’s trademark, and $23,000 for cybersquatting.

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Non-Fungible Tokens Trademark Intellectual Property Law Intellectual Property 98

Patent Trademark Blog

JUNE 2, 2023

How can you realistically enforce your trademarks? Trademark enforcement is not only for millionaires and big companies. Startups and small businesses can use cost-effective ways to stop or discourage trademark infringement. By employing smart tactics, you can increase trademark protection while spending less.

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Cease and Desist Branding Brands Branding 52