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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
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 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 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.
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.
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
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.
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.
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].
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 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™.
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.
We soon learn that "TrademarkLaw Reform" refers to aspirations to tackle contemporary problems in trade mark law worldwide, whether by means of legislative overhaul or not, put to paper by some of the world's leading experts. But make no mistake: behind the cover is a veritable treasure trove of thought-provoking scholarship.
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%.
The growing reliance on NFTs necessitates careful evaluation of their implications, not just for creators and brands, but also for consumers and regulators navigating this uncharted territory. The Intersection of Fashion and NFTs The fashion industrys adoption of NFTs has transformed how brands and creators interact with consumers.
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™.
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.
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.
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. In Parul Food Specialities Pvt. DB) [9] AIR 2016 SC 461 [10] MANU/MH/1859/2017 [11] W.P.(C).
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.
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.
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.
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.
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
From a trademark agents perspective, this is like watching someone try to recreate the Mona Lisa with finger paintsclumsy, misguided, and an insult to the original. Herms has meticulously curated its brand as the zenith of luxury, the champagne-soaked pinnacle of exclusivity. Trademarklaw exists to prevent exactly this kind of chaos.
In the contemporary music industry, a band’s or artist’s name, logo, and visual identity constitute critical brand assets, demanding the same rigorous protection afforded to their musical compositions. This accrued recognition forms the bedrock of their brand equity. Consider the trajectory of a musical act.
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.
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.
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 answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademarklaw apply to costumes. Halloween costumes sit at an interesting and muddled intersection between copyright and trademarklaw. They are part fashion, part artwork, part branding and part character.
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.
As discussed on the SpicyIP blog here , the first to use system allows an entity the right to continue usage of its mark as the rightful owner, even when it is registers the same later than affected party, owing to its active efforts in brand-building and marketing of such mark. sued Mahindra Electric Automobile Ltd.
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
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
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 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.
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
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
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.
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