This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademarklaw apply to costumes. First, design elements that are “physically or conceptually separate” from the article can be protected. Copyright and Halloween Costumes. However, there are two key exceptions to this.
TPG aggregates and collects information from the most prominent rewards programs and provides a series of rankings and recommendations designed to help maximize your rewards points. On January 9th, American Airlines sent TPG a cease-and-desist letter. Of course, Facebook objected and sent a cease-and-desist letter.
The law firm claims it has been using a black and silver color scheme to promote its services since its inception in 2012. The Dimopoulos Law Firm alleges that the NFL’s cease-and-desist letter is unfounded. Below we analyze the grounds of the dispute and the legal implications of the case.
The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. When it comes to food designs, how far can a trademark go? On September 28, 2021 , The Hershey Co.
Thou Shalt not Register Your Trade Union with a Name in the Likeness of My Trademark Reportedly, Samsung India is opposing the use of ‘Samsung’ in an application to register the trade union of it’s workers. Super Cassettes Industries Private Ltd.
This article seeks to examine how trademarklaw interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop.
On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 1125(c)(3)(A). 1125(c)(3)(A).
.” Most of the opinion discusses the trademark implications of Ripps’ rival NFT collection. With that framing, trademarklaw protects against the unwanted competition, and the court treats this as an easy rightsowner win. HSI * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v.
Cybersquatting is another type of trademark infringement. TrademarkLaw Before pre-digitalization The US Trademark Office (USPTO) defines a trademark as a word, phrase, design, or symbol that serves to identify and distinguish the products or services you sell apart from those of others.
If, instead, this were a case of trade dress infringement, the right holder would have to file a civil lawsuit under the Unfair Competition Law and prove: a) the notoriety of its product packaging/decoration, b) the infringing act, and c) the damages. 57 of the Chinese Trademarklaw. 57 of the TrademarkLaw.
Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress. . However, there are precautionary steps a company can take to prevent unintended liabilities.
The trademarklaw firmly establishes that a trademark owner reserves the exclusive right to use the trademark and enforce the same. Such groundless threats are commonly achieved by sending cease and desist letters or legal notices threatening the recipient with legal proceedings.
Maintaining a Trademark Registration can indeed be challenging if you aren’t familiar with the TrademarkLaw. However, there exist some steps and guidelines you can take and follow to ensure your Registered Trademark remains protected and valid.
Starting in 2004 , the Company began issuing cease-and-desist letters to competitors, demanding that they prevent their search ads from appearing in response to the keyword “1-800 Contacts.” 1-800 Contacts also claims that Warby Parker copied its website design to “ intentionally deceive and confuse ” consumers.
The ability to protect cultural works as trademarks disrupts these goals, by affording trademark owners more communication power than other speakers and preventing works from ever entering the public domain. At this stage, the picture for cultural follow-on innovation appears bleak.
Trademark protection is granted to any word, phrase, symbol, or design that conveys a specific brand identity, and it prevents other companies from using similar marks that could cause confusion among consumers and dilute the original brand’s value. Learn more about distinctive trademarks. Skechers USA, Inc. The result?
The case arose from Jack Daniel’s complaint about VIP’s sale of a dog toy designed to resemble a bottle of Jack Daniel’s whiskey. As shown below, there is no question that the VIP bottle is designed to resemble the Jack Daniels bottle, although several of the notable components are modified for comedic purposes.
IP typically falls into the following categories: Patents : Cover inventions, processes, and designs that are new, useful, and non-obvious. Trademarks : Protect brand identifiers such as names, logos, slogans, and symbols that distinguish your products or services in the market.
A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment. Patents also provide inventors with temporary exclusive rights to their discoveries.
On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.
On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.
Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademarklaw and is not limited to a provision. Delhi High Court Imposes Costs worth INR 2 Cr. on Triveni Interchem Pvt.
What it contains: type of patent document – the type of patent document can inform stakeholders of whether the patent is a design, utility, or plant patent. Patent owners can use it to check for potential infringers, send cease and desist letters, or seek licensing opportunities. Rob’s Attorney Profile. Contact Rob.
On January 14, 2022, Hermès filed a trademark infringement and dilution lawsuit against Mason Rothschild, the designer of MetaBirkin Non-Fungible Tokens (NFTs), a collection of 100 fur-covered Birkin-shaped bags, which launched in December 2021 on the NFT exchange platform OpenSea. . Trademark Protection in the Metaverse .
In Romag , the Court examined whether a plaintiff in a trademark infringement action is required to show that a defendant willfully infringed the plaintiff’s trademark to obtain a profits award. But even if the Court put aside these issues, its own survey of the case law was less convincing than Fossil would have had the Court believe.
Read Yogesh Byadwal’s post explaining what the case is about and how the court interpreted “technical effect” Playing from a “Safe Distance”: Analysing the Rule, its Roots and Application in India Image by wirestock on Freepik What is the “Safe Distance” rule in trademarklaw and how does it apply?
Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademarklaw area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.
I disagreed , and continue to think the Court will uphold the constitutionality of Section 2(c), but the question is what free speech doctrine(s) the Justices will use to make this determination and whether they will provide additional guidance on evaluating First Amendment challenges to trademarklaws.
We organize all of the trending information in your field so you don't have to. Join 9,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content