Traverse Legal Blog

JULY 14, 2022

There are three distinct elements necessary to establish a trademark infringement claim; use, in commerce and likelihood of confusion. Once you have determined that your trademark is likely being infringed, there are a few different enforcement options you can pursue. Were you using your trademark before the alleged infringer?

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Erik K Pelton

NOVEMBER 29, 2021

The following is an edited transcript of my video, The Trademark Protection Decathlon. The Summer Olympics got me thinking about what it would take for a decathlon of trademark protection: to be well-rounded and ensure that a brand, a trademark, has covered all the angles and excels at everything. Achieve registration.

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SpicyIP

OCTOBER 27, 2024

Case Summaries L Oreal vs Graphics Traders on 19 October, 2024 (Delhi District Court) Image from here The plaintiff filed a suit alleging import of counterfeit cosmetics by the defendant, bearing its trademarks- “MAYBELLINE” and “BABY LIPS”. No written statements were filed by the defendants. Sri Narasus Coffee Company Private Ltd vs M/S.

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Patent Trademark Blog

MAY 31, 2023

Why send a cease-and-desist letter? On its surface, a cease-and-desist letter seems like a less expensive way to enforce intellectual property rights. Would it make sense to send them a trademark infringement letter. Would it make sense to send them a trademark infringement letter.

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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.

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Kashishipr

MAY 4, 2022

Trademarks provide multiple crucial advantages to businesses and customers alike. Trademarks also carry all the image and reputation a brand builds over the years. Furthermore, inconsistent or improper use of a trademark can obstruct its owner’s ability to enforce the trademark rights in a given brand.

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Erik K Pelton

NOVEMBER 3, 2020

I am particularly sensitive to the trademark challenges that small businesses face for several reasons. Pelton & Associates, to advise and counsel others about trademark protection. Believe it or not, I even had to face changing my brand name early on as a result of receiving a cease and desist letter!

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JD Supra Law

FEBRUARY 26, 2024

IP can take several forms, including patent and trademark registrations, or intellectual property rights arising from common law, such as trade secrets, confidential information, or unregistered trademarks. The intellectual property (IP) of your business has value. By: Smart & Biggar

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SpicyIP

APRIL 20, 2025

The last day to apply for the workshop is April 19 and there is no registration fees. There are no registration fees, and the travel, accommodation, and food expenses will be fully sponsored by the organisers. The plaintiff first registered the mark in 2001, and currently holds valid registration until 2034. 63(4)(c), BSA.

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Kashishipr

OCTOBER 6, 2021

The same can be possible through trademarking any word, symbol, design, or phrase that the company uses to identify itself in the marketplace. Part of this research includes performing a Trademark Clearance Search. Elements of Trademark Clearance. There is a wide range of places to search when it comes to trademark clearance.

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IP and Legal Filings

NOVEMBER 11, 2021

Generic Trademarks: An Introduction. A trademark refers to a name, mark, or sign through which the products belonging to a company or a person can be distinguished from other products in the market. Primarily, trademarks perform four functions. Firstly, trademarks help distinguish one product from another in the market.

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SpicyIP

NOVEMBER 18, 2024

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. The Court noted the expiration of the license and the respondents’ registered trademark rights.

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IP and Legal Filings

SEPTEMBER 10, 2024

Introduction A trademark is a symbol that differentiates one’s brand from another. A trademark is a symbol that can consist of a device, label, name, signature, combination of colors and much more. The process of filing for a trademark can be complex and making mistakes while filing can lead to delays or rejections.

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IP and Legal Filings

OCTOBER 18, 2024

Introduction The case revolved around the unauthorised use of the Infosys trademark by Southern Infosys Limited. This is an important ruling that underscores the importance of trademark protection and issues of infringement. Plaintiff’s Arguments The Infosys trademark has been used since 1981.

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SpicyIP

AUGUST 22, 2022

We are pleased to bring our readers a guest post by Abhijay Srekanth and Vivek Basanagoudar on interaction of trademarks with free speech. Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute. Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice.

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IPilogue

OCTOBER 19, 2021

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. Cookie Department”) for copying Hershey’s famous Kisses shape.

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Kashishipr

NOVEMBER 2, 2022

Maintaining a Trademark Registration can indeed be challenging if you aren’t familiar with the Trademark Law. However, there exist some steps and guidelines you can take and follow to ensure your Registered Trademark remains protected and valid. Exclusive Trademark Rights for Trademark Owners in India.

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IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Trademark violation raises significant issues. Cybersquatting is another type of trademark infringement.

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IP Tech Blog

AUGUST 17, 2022

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. Is this however a case of trademark infringement? Trademark or Unfair Competition? And, why is this important?

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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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Patent Trademark Blog

SEPTEMBER 7, 2021

Do you need a registration in order to use a trademark? Unless a trademark application is based on a foreign registration , the applicant would be required to show usage of the applied-for mark on the relevant goods or services before the USPTO will issue a trademark registration.

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Patent Trademark Blog

APRIL 5, 2022

Can you expedite a US trademark application? While it’s not impossible, bumping up a US trademark application can only occur under very limited circumstances. Actually, it is significantly more difficult to expedite a trademark application than a patent application. You can subtract items from the old registration.

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Patent Trademark Blog

APRIL 28, 2022

How are trademark rights determined in the US? In the US, trademark rights are generally given to the first one to use a mark. Except for a few limited circumstances, the first user is the rightful trademark owner in the US. The term common law arises most frequently in the context of an unregistered trademark.

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Indiana Intellectual Property Law

JULY 28, 2022

LVB has a federal trademark registration, with the USPTO , for the word mark GENESIS under Registration No. Therefore, Plaintiff is seeking damages for willful trademark infringement in violation of 15 U.S.C. Therefore, Plaintiff is seeking damages for willful trademark infringement in violation of 15 U.S.C.

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SpicyIP

SEPTEMBER 25, 2023

Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Some Perspectives Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Image from here Kia Wang vs The Registrar of Trademarks & Anr. Emami Ltd.

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Greenspoon Marder LLP

FEBRUARY 20, 2019

Once you have a registered trademark, there are certain “good practices” that you should consider following in order to strengthen that mark. In general, trademarks become stronger as they become better known in the marketplace. Patent and Trademark Office” or “Reg. By: Sharon Urias, Esq.

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IP and Legal Filings

JANUARY 9, 2025

Introduction Trademarks are valuable assets for businesses; they reflect the identity, reputation and goodwill that a company builds with its target consumer. However, filing for a trademark is one thing; maintaining its continued existence is equally essential. What is meant by trademark abandonment, then? In the U.S.,

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Greenspoon Marder LLP

AUGUST 1, 2017

You do all of the things you are supposed to do (the meticulous planning, research and set-up of your business entity and financial obligations) and, of course, you file one or more trademarks to protect your valuable business brand. From there, they target trademark applicants and/or owners through mass mailings.

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Indiana Intellectual Property Law

AUGUST 9, 2021

Apparently realizing the importance of its brand, Monster owns at least fourteen federal trademark registrations that include the Claw Icon in various classes of goods and services (the “Asserted Marks”). Monster is seeking damages for trademark infringement arising under 15 U.S.C. 1125(a).

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Indiana Intellectual Property Law

AUGUST 9, 2022

PUMA applied for a Federal Trademark registration under Application Serial No. Brooks”) cease and desist the use of the Mark NITRO mark in connection with footwear. Therefore, Plaintiff is seeking damages for willful trademark infringement in violation of 15 U.S.C. PUMA North America Inc.

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Greenspoon Marder LLP

OCTOBER 11, 2018

Similar to their patent or copyright troll counterparts, “trademark trolls” are unscrupulous characters that exploit intellectual property laws for financial gain. Although some may characterize “trademark bullies” (i.e. Although some may characterize “trademark bullies” (i.e. This situation comes up in a variety of contexts.

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Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Defining Trademark A “trademark” is a mark which is used for a commercial purpose. How do trademarks function? Trademarks reduces the chance of confusion: Trademarks helps in preventing confusion in the minds of consumers by indicating the source and quality of the product, they are intending to use.

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The IPKat

DECEMBER 14, 2023

Stephen Mouka issued a Cease and Desist Notice to the public after an X user created and shared a limited merchandise bearing the slogan. Furthermore, Nollywood actress Ann Njemanze sued famous filmmaker Zeb Ejiro and Filmone Entertainment and Film Trybe Media for infringing on her copyright and trademark of “DOMITILLA”.

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Indiana Intellectual Property Law

AUGUST 6, 2021

From that transaction, Energy owns multiple trademark registrations including the three at issue in this case, U.S. Registration Nos. Energy claims FTA promotes and provides its services using trademarks and trade dress that are confusingly similar to the Energy Marks and trade dress. Young and Magistrate Judge Matthew P.

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Selvam & Selvam Blog

JULY 11, 2024

To add more clarity to this, ‘Trademark squatting’ – in which one person obtains registration for a trademark which does not actually belong to them nor do they have any right/ claim over the same – has evolved into an actual business today.

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LexBlog IP

AUGUST 16, 2023

Essential Benefits of Trademark Registration – Part 1 Imagine you’ve been using your business name, logo, or slogan for several years, building a good base of local customers. You make moves to expand your market, and suddenly you get a cease-and-desist letter from another business that has better rights to the trademark.

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Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab?

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