Nelligan Law

JANUARY 9, 2025

Trademark law exists to prevent exactly this kind of chaos. Instead, theyre leaning on the legally ambiguous phrase inspired by, which is trademark-speak for, We copied it, but you cant sue us. Walmarts $80 doppelgnger is the equivalent of showing up to the Oscars in a tuxedo T-shirt and Crocs. Theyre smarter than that.

Designs 52

Designs Design Brands Branding 52

43(B)log

JUNE 24, 2022

RT: I would say lots of courts in © also try to reduce merger to meaning that you can do anything but copy verbatim, which is a narrowing that many courts in TM don’t bother with, though some variants of Rogers v. Grimaldi are trending in that direction.] Is therefore ok w/outcome of Honey Badger, as a potential compromise.

Trademark Law 75

Trademark Law Law Trademark Registration 75

IPilogue

OCTOBER 18, 2022

After a test copy of New Genesis was leaked online, WOTC took issue with development company TSR LLC’s use of their IP rights in the game. This is an interesting example of how intellectual property law can be utilized to smother the proliferation of harmful views.

Trademark 101

Trademark Trademark Law Intellectual Property Law Publishing 101

IPilogue

AUGUST 25, 2022

The IP Innovation Clinic, the first student-based clinic of its kind in Canada, is seeking law students from Osgoode Hall Law School to assist under-resourced inventors, entrepreneurs and start-up companies with their innovation and commercialization activities. Copy of your resume and unofficial grades. 750 words).

IP 105

IP Patent Prosecution Intellectual Property Inventor 105

IP Tech Blog

MAY 15, 2023

This is like a watermark that a producer can place in their song to detect copying. With this verifiable copying of copyrighted music owned by UMG, the company was able to issue a Digital Millennium Copyright Act (DMCA) takedown to the platforms hosting the song.

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Copyright Music Social Media Art 125

Technology & Marketing Law Blog

MARCH 6, 2024

He ultimately summarizes: “District court decisions within the Sixth Circuit have held that plaintiffs must show the defendant ‘intentionally and knowingly’ copied the copyrighted work.” I’m also left wondering about possibly divergent applications of copyright and trademark law to print-on-demand services.

Copyright 119

Copyright Trademark Law Publishing Copyright Infringement 119

Patently-O

JULY 19, 2023

Unlike patent and copyright, trademarks and trade secrets continue to be concurrent and overlapping, meaning that state rights continue to exist and be enforceable alongside the federal right. With trademark law, the federal right has been around since 1870 and today occupies most of the space. What do you think?

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

IPilogue

OCTOBER 28, 2021

In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. Scary Issues with Licensing and Trademarks. It appears in the U.S.,

Intellectual Property 115

Intellectual Property Designs Design Copyright 115

Erik K Pelton

JANUARY 12, 2022

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. Introduction.

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Registration Trademark Intellectual Property Intellectual Property Law 162

Selvam & Selvam Blog

APRIL 1, 2025

Bose, represented by its authorized signatory in India, laid out a comprehensive case: Trademark Ownership: Bose is the registered proprietor of the trademark “BOSE” in India across several classes, including electronics, and has common law rights stemming from decades of use.

Brands 40

Brands Branding Branding Registration 40

IP and Legal Filings

SEPTEMBER 17, 2021

For the same reason, several famous designers in India such as Anju Modi, Rohit Bal, Anita Dongre, and Masaba Gupta have legally protected their designs to avoid the creation of counterfeit apparel, copies, or knock-offs of their designs by unauthorized parties. The importance of trademarks in the fashion industry.

Designs 97

Designs Design Artistic Work Technology 97

IPilogue

OCTOBER 19, 2021

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

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Cease and Desist Brands Branding Branding 105

The IP Law Blog

SEPTEMBER 22, 2022

Johnson Enterprises bought a copy of the P&P game, sent samples to a Chinese manufacturer, and began selling an almost identical version of P&P’s game that it called “Tailgating Pros White Connect 4” in October 2017. The Ninth Circuit first recognized that “proof of copying strongly supports an inference of secondary meaning.”

Copying 98

Copying Marketing Marketing Advertising 98

IPilogue

SEPTEMBER 9, 2022

The real-life tax company “Liberty Tax” claims that the show copied its logo and style, including the Statue of Liberty, which is a frequent identifier of the company. The entertainment industry is no stranger to trademark infringement issues. Photo retrieved from The Wrap. Photo retrieved from Tubefilter.

Trademark 105

Trademark Public Domain Television Fair Use 105

Technology & Marketing Law Blog

DECEMBER 11, 2023

Thus, we learn nothing from the Second Circuit about how the new trademark use test should be applied going forward. As the new threshold test for application of Rogers , courts can’t simply assume trademark use based on the close copying of the plaintiff’s goods.

Blogging 130

Blogging Trademark Brands Branding 130

IP and Legal Filings

OCTOBER 28, 2022

Article 143 of the Patent Law provides patent holders recourse to file claims in the Commercial Court if the rights under their patent are infringed by another party. Trademark: NFTs may also be protected as a trademark. Article 1(1) of Indonesia’s Trademark Law defines trademark.

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

The IPKat

JANUARY 27, 2022

In terms of trademark law, yes. However, in a fight against counterfeit products, Chanel can still turn to unfair competition laws in Lithuania, which grant protection against copying the appearance of a competitor’s product. Did Chanel fail to secure registration for its perfume bottle within Lithuania?

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Trademark Registration Marketing Marketing 138

IP and Legal Filings

SEPTEMBER 12, 2024

Apple had accused Samsung of copying the features of the iPhone, like the rounded-rectangle shape, home button, and the grid icon layout. It is this judgment that more or less laid the foundation of “trans-border reputation” in Indian trademark law. Dongre and Ors. V Whirlpool Co.

Brands 98

Brands Branding Branding Trademark 98

Kashishipr

SEPTEMBER 20, 2021

On the other hand, the Trademark Law allows two or more registered owners or concurrent users of similar marks. Additionally, it mentioned that nobody could distinguish between the two labels as NTC had adopted a confusingly similar label and copied the artistic work comprised in SSPL’s packaging and trade dress.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

Kashishipr

DECEMBER 15, 2021

The European Trademark Registry granted legal protection to the shape of the Morgan sports car built in the UK. No other manufacturer or replica company can copy the shape without risking being taken to court. The protection only applies in the UK. Registration took two years.

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Trademark Intellectual Property Registration Designs 105

TorrentFreak

APRIL 19, 2022

In at least one case, there are breaches of trademark law too. In support of its case for a crackdown on this ‘IPTV’ app, LaLiga provides the following screenshot: That was captured when the ‘IPTV’ app was available at its previously-available Google Play URL ( copy here via Wayback Machine ).

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Reporting Television Trademark Law Advertising 141

The IP Law Blog

JANUARY 19, 2023

Of course, Hetronic disagrees and contends that trademark law under the Lanham Act extends beyond U.S. The petition states that the Court must clarify whether the Copyright Act’s preemption clause permits a plaintiff to use “state-law contract remedies to enforce a promise not to copy and use its content.”

Copyright 97

Copyright Trademark Fair Use Contracts 97

43(B)log

JANUARY 27, 2023

Spiralverse removed the original paperback glue bindings from the copies it purchased, punched holes in the pages, and installed spiral bindings. Spiralverse listed its modified copies for sale on Amazon at prices of $29.99 It’s desirable for making it easier to turn pages for performance etc. Was this literally false?

Derivative Work 75

Derivative Work False Advertising Advertising Advertising 75

Copyright Lately

MAY 1, 2023

The comments from Michael Nash quoted above really only speak to the input phase, during which audio recordings are copied to a dataset that’s then used to train a voice model. It isn’t human-readable and does not contain copies of any audio recordings. But once created, the voice model is just a set of parameters.

Music 99

Music Copyright Copying Copyright Law 99

TorrentFreak

APRIL 26, 2024

In other parts of the notice, takedowns were requested under trademark law. At this point, it’s worth highlighting something that all of these notices have in common: not a single one targets pirated copies of Nintendo games. A similar notice sent to GitHub in 2020 took content down using the DMCA.

Artwork 144

Artwork Brands Branding Branding 144

TorrentFreak

JULY 17, 2024

That the loudest voices continue to import mountains of Chinese-manufactured goods, including items that in some cases violate copyright and trademark laws, serves to illustrate why differences on IP enforcement are likely to continue. Other conundrums, including IP rights owned by U.S.

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Reporting Intellectual Property Cinema Advertising 120

The IP Law Blog

SEPTEMBER 1, 2022

In response to the emergency filing, the Court held a conference the same day and accepted a copy of the documentary from Mrs. Bieber for review. After reviewing the video, the Court declined to act and permitted the documentary to be released.

Brands 98

Brands Branding Branding Trademark 98

IP and Legal Filings

JULY 11, 2024

Step IV: Substantive Examination The second phase of the process where a trademark examiner considers the mark in light of all legal standards and most importantly, the distinctiveness of the mark and non-violation of the trademark laws.

Registration 98

Registration Trademark Reporting Government 98

IPilogue

MARCH 21, 2023

The IP Innovation Clinic, the first student-based clinic of its kind in Canada, is seeking law students from Osgoode Hall Law School to provide assistance to under-resourced inventors, entrepreneurs and start-up companies with their innovation and commercialization activities. reviewing patent specifications, etc.)

IP 59

IP Patent Prosecution Intellectual Property Inventor 59

Intepat

DECEMBER 30, 2024

India largely embraces international exhaustion, as reflected in its trademark laws. Indias Position on the Doctrine of Exhaustion Indias stance on exhaustion varies across different branches of IP law, reflecting the countrys broader objectives of fostering competition, innovation, and consumer access to affordable goods.

IP 52

IP Law Trademark Law Intellectual Property 52

IP and Legal Filings

FEBRUARY 17, 2022

Unfortunately, copyright and trademark law do not provide particular protection for these characters, who, more often than not, exceed their original works to become well-known of their own. Introduction: Whether they arise from literary, artistic, or cinematic works, fictional characters are born of greater productions.

Fair Use 94

Fair Use Copyright Television Copying 94

Greenspoon Marder LLP

NOVEMBER 8, 2016

Adidas also filed a lawsuit against Forever 21, claiming the clothing company was making counterfeit products and violating federal trademark laws by incorporating the three-stripe mark onto the sleeves of children’s sweatshirts, ultimately tarnishing the reputation of Adidas’ brand.

Designs 52

Designs Design Copying Intellectual Property 52

Biswajit Sarkar Copyright Blog

JULY 24, 2024

District Court of Southern District of New York, claims that Starbuds has intentionally copied Starbucks’ iconic logo and brand name to confuse the public. In a recent legal development, Starbucks has filed a lawsuit against Starbuds Flowers, a mobile marijuana retailer, accusing the company of trade mark and copyright infringement.

Brands 52

Brands Branding Branding Copyright Infringement 52

The IP Law Blog

MARCH 5, 2021

But we don’t mind at all if you copy a copy on a Xerox® copier.”. Mad Dogg has been active at the TTAB and apparently spends hundreds of thousands of dollars each year protecting its trademark. Xerox ran an advertising campaign “You can’t Xerox a Xerox on a Xerox.

Trademark 85

Trademark Brands Branding Branding 85

Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name.

Trademark 52

Trademark Designs Design Marketing 52

IPilogue

DECEMBER 13, 2022

However, though patent law has the “person of ordinary skill in the art” standard and trademark law has the “ordinary casual consumer somewhat in a hurry” standard, copyright law often relies on a judge’s evaluation of whether infringement has occurred.

Art 78

Art Fair Use Intellectual Property Licensing 78

Intepat

DECEMBER 30, 2024

The Court, upon a prima facie comparison, noted clear instances of copying and consequently granted interim relief to the plaintiff. However, copyright law comes with certain limitations. The same is not true for trademark law which offers protection to generic names if it has acquired distinctiveness.

Trademark 52

Trademark Copyright Artistic Work Copyright Law 52