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It is important to take a few minutes to search and make sure a name is unique, to file the name with the USPTO to register it, and to hire an experienced trademark attorney to handle the registration process. The post 10 reasons that small businesses need to protect their trademarks appeared first on Erik M Pelton & Associates, PLLC.
Nexon, developers of The First Descendent, are accused of copying icons from Destiny 2. The post Copyright, Trademark and Plagiarism in Icons appeared first on Plagiarism Today. However, the story is more complicated.
The following is an edited transcript of my video What is a Presentation Copy of a Trademark Registration? For any trademark that now becomes registered, the recipient automatically receives an electronic version of the registration certificate, and the USPTO no longer mails out a physical copy. This concerns me.
What are the differences between a USPTO trademark registration certificate and a presentation copy? The post What is a Presentation Copy of a Trademark Registration? What are the differences between a USPTO trademark registration certificate and a presentation copy?
The following is an edited transcript of my video Why Restaurants Need Trademark Protection. I’ve been blessed to work with filing more than 200 trademark applications for restaurant services. I’m fortunate because I get to work with ones who understand the value of protecting their name and registering it as a trademark.
To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. This means, theoretically, that elements such as the Superman “S” can be protected by copyright because they are separate elements that are merely copied onto the clothing.
CURRENT LEGAL LANDSCAPE OF PERFUME PROTECTION The trademarking of scents is not unheard of, and various jurisdictions have granted trademark protection to scent marks. Most notably, in 2018, the Hasbro toy company registered the distinctive smell of their toy Play-Doh as a scent trademark.
With more than 238 million copies sold, it’s also the best-selling video game in history, a reign that looks set to continue. Mojang is totally fine with this, as long as people don’t charge money or distribute modded copies of the game. All repositories are reportedly linked to copies of Eaglercraft.
The following is an edited transcript of my video Trademarks in the Cloud. The USPTO recently phased out issuing trademark registration certificates on paper to all registrants automatically, and are instead issuing them electronically. But this last element moving to the cloud still is a change. I think that’s a great idea.
Is selling stolen goods trademark infringement? They claim trademark rights in Zoom Blowers, Pogo inflatables, and PartyTentsDirect.com. Defendants sold the plaintiffs products, which bear[ ] the [p]laintiffs names and trademarks[,] including Tentandtable.com, Zoom Blowers, Pogo Bounce House[,] and Partytentsdirect.com.
The following is an edited transcript of my video An Ounce of Trademark Protection is Worth a Pound of Curing a Trademark Dispute. This statement is really true when it comes to trademarks. Yes, it takes some time and money to protect a trademark upfront. Why is it so valuable to do that?
While many businesses go through the process of trademark registration , not every brand needs to take that route right away. Enter common law trademarks a practical way to secure certain rights to your brand from the moment you start using it, without the registration process or fees. What is a common law trademark?
The following is a transcript of my video Big Businesses Need Trademark Protection; Small Businesses Need It Even More. The lesson from all of this is that all businesses need trademark protection. Of course, big businesses benefit from trademark protection. They file dozens, if not hundreds, of trademark filings every year.
The following is an edited transcript of my video 25 Benefits of Trademark Registration. In going to court, having a federally registered trademark gives you jurisdiction in a federal district court, which is significant and important. This is valuable in being taken seriously and not being knocked off and copied.
The following is an edited transcript of my video Trademark Protection for Bands and Musicians. Just like any other brand, the music industry brands can strongly benefit from trademark protection. The post Trademark Protection for Bands and Musicians appeared first on Erik M Pelton & Associates, PLLC.
vs Deepak Arora, Trading As Ms Heena on 21 October, 2024 (Delhi High Court) The petitioner sought cancellation of the trademark “MAX HEAVEN” registered in the name of respondent, claiming it was deceptively similar to its own “BLUE HEAVEN” trademark. Case Summaries Gurnam Singh, Trading As M/S G.C.
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.
The USPTO recently announced, via notice in the Federal Register , that it intends to issue electronic trademark registration certificates, and only will print physical certificates upon request and with a small fee ($25 per copy). EMP&A is a boutique trademark law firm located in Falls Church, Virginia. 238 at page 71249.
Hasaram And Sons on 13 January, 2025 (Delhi District Court) The plaintiff, a firm selling Ayurvedic medicines, sought a permanent injunction restraining the defendants from infringing their copyright and trademark and passing off of trade dress. The plaintiff used the registered trademark Nayan Jyoti for their most popular product.
This prompted Florence Stoker to sue, a case she won handily with an order that all copies of the film be destroyed. However, at least one copy made it to the United States, where the original book was already in public domain. That copy was preserved and is the basis for all copies of the film we have today. Bottom Line.
The following is an edited transcript of my video, Having Trademark Registration is Like Double Insurance for Your Brand. What does this have to do with trademarks?!? Trademark registration, believe it or not, is just like that insurance and that smoke detector and fire extinguisher for your brand.
Earlier this week, independent fashion designer Bailey Prado took to Instagram to call attention to a different fashion label that, according to her, copied her “whole life.” For example, items that may sell on Prado’s website for up to $300 typical appear as copies on Shein’s app for less than $20.
The following is an edited transcript of my video How NOT to Protect Your Trademark. Having recorded dozens of episodes on how best to protect a brand and a trademark, I thought it would be fun to share my tips on how not to protect your trademark (sarcastically, of course). And don’t worry about if anybody copies it.
A recent precedential decision enlarges the protection for foreign trademark owners. The question was when is it acceptable to use a trademark in the U.S. Plumrose Holding Ltd. USA Ham LLC, Opposition No. 91272970 (January 17, 2025). By: Baker Donelson
On Friday, the USPTO sent out a notice to many trademark owners who’s email address were “recently identified a data security incident that impacted domicile information in certain trademark filings between February 2020 and March 2023.” For more on trademark scams see www.isthisatrademarkscam.com.
It's accused of copying a store that's just a short walk away. An Australian business has sparked an unusual plagiarism controversy. The post Australian Business Accused of Plagiarizing a Whole Store appeared first on Plagiarism Today.
They did so anyway and followed up by filing a trademark We’ve tried to sort this out in private and they have been uncooperative at every turn [link] — OBS (@OBSProject) November 17, 2021. Hey, can I copy your homework? ? Yeah, just change it up a bit so it’s not obvious you copied. The user reviews are even a COPY!
In an April 2023 summary judgment ruling , the plaintiff established that it “possesses the legally protectable, incontestable trademarks TEXAS TAMALE and TEXAS TAMALE COMPANY.” The court said that the trademark owner had been using the trademark since 1985 and registered the trademark in 2006. ” Uh oh.
On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products. The trademark depicts the shape of the Chanel No. 5 perfume bottle. T 862/19 ). This claim, too, was unsuccessful.
The fashion industry sector extends beyond simple trademarks, such as logos or brand names, but rather includes characteristics, including colour palettes, product forms, or even the structure of physical store spaces. For instance, red soles for Christian Louboutin became a trademark of luxury shoes, while the colour per se was not unique.
The attorney, who is listed as director of the company ’42 Ventures,’ registered several piracy-related trademarks, including ‘YTS’ and ‘Popcorn Time.’. YTS Trademark Enforcement. Shortly after the trademarks were granted, Culpepper managed to suspend the Twitter account of a popular Popcorn Time fork. website previously.
A Long History of Copying. However, it wasn’t the end of Epic Games’ issues with copying. Though Epic Games has long been heavy-handed with its copying in Fortnite , this story seems to have upset not just the developers and creators, but the gamers. Their copying is flagrant, but unlikely to be illegal.
They are a way to sell “unique” copies of digital works but do not transfer any rights. Nonetheless, Mirimax claims to hold all the copyrights and trademarks related to the film, prompting them to file a lawsuit for breach of contract, copyright infringement, trademark infringement and unfair competition.
INTRODUCTION In the United States as well as in India, application for a trademark may be rejected for several different reasons. GENERAL REFUSAL REASONS FOR A TRADEMARK Likelihood of Confusion: The first reason for refusal is that it is often considered that the use of the trademark will lead to confusion with similar trademarks.
Bold brands, great trademarks, memorable logos, and witty slogans are all around us. Bold brand names are more likely to be unique, more likely to be protectable, and much more likely to get approved for registration and have strong legal status, and as a result are generally much easier to enforce if copied.
Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.” Looking at the side by side pictures in the complaint, this is a bit hard to swallow, but the evidence of copying/references to Roblox clearly bleed over from the TM side.
Patent & Trademark Office (USPTO) announced that it will no longer issue patents in a printed “ribbon copy” form as of April 18, 2023. Instead, patents will now only be issued electronically in a digital form.
A potentially important product design trademark case is pending before the U.S. Glico sued for trademark infringement, asserting Glico’s trademark rights in the product design of chocolate-covered elongated rod biscuits. The district court found that the design is functional and therefore not protectable by trademark.
Images from here and here In a recent trademark dispute between Evergreen Sweet House v. Brief Facts and Contentions of the Parties Evergreen Sweet House, the plaintiff, instituted a suit for trademark infringement and passing off against JV Evergreen Sweets & Treats and others. Aditi is a final-year B.A., Aditya Birla.
In an interesting turn of events, the plaintiff in a trademark infringement suit had to face the wrath of the Delhi High Court for submitting false evidence and got criminal proceedings instituted against them on the directions of the Court. By Rishabh Deshpande How does a trademark infringement case go from civil to criminal in nature?
Relying on a string of TTAB precedents, the Board observed that informational matter fails to function as a trademark if it comprises a common term or phrase that consumers are accustomed to see in use by various sources to convey ordinary, familiar, or generally understood concepts or sentiments, rather than serving as a source indicator.
Next up today, Vikas SN at Moneycontrol reports that, in India, the company behind the video gaming platform WinZo has filed a lawsuit against their competitor Mobile Premier League (MPL) over allegations that MPL copied one of their games. Winzo claims that the game was a near copy of a game from their platform, including the name.
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.
Introduction Trademark law 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. trademark law. Banff, Ltd.
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