Copying, Trademark and Trademark Law - Intellectual Property Pulse

Understanding Copyright, Trademark and Halloween Costumes

Plagiarism Today

OCTOBER 26, 2021

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.

Trademark

Trademark Copyright Cease and Desist Copying

Copy-Paste Perfumes? The Legal Battle Over Fragrance Dupes

Intepat

MARCH 25, 2025

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.

Copying

Copying Branding Branding Brands

EMP&A comments on USPTO’s transition to issue electronic trademark registration certificates

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. About Erik M.

Registration

Registration Trademark Intellectual Property Intellectual Property Law

THE REVERSE CONFUSION THEORY: AN EXCEPTION TO DOCTRINE OF PRIOR USE

Intepat

FEBRUARY 3, 2025

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.

Branding

Branding Branding Brands Trademark

Chanel is reminded: trademark territoriality still matters

The IPKat

JANUARY 27, 2022

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.

Trademark

Trademark Registration Marketing Marketing

3D Shape Trademark on Cars

Kashishipr

DECEMBER 15, 2021

Trademarks indicate the origin of a product. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. A 3D shape cannot be registered as a trademark if the shape: Arises from the inherent nature of the object or goods; Provides a technical function; or.

Trademark

Trademark Intellectual Property Registration Designs

U.S. Supreme Court Alert: If you copy an unpatented furniture design, does that help prove that the design was iconic and protected as a trademark?

JD Supra Law

NOVEMBER 1, 2023

Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design? While offering a new design for sale without obtaining a patent often means the design is now in the public domain, copyright and trademark laws could mean otherwise.

Copying

Copying Designs Design Public Domain

“Better Call Saul” Episode Sparks “Sweet” Trademark Infringement Lawsuit

IPilogue

SEPTEMBER 9, 2022

According to The Wrap , AMC Networks and Sony Pictures, the production companies behind Better Call Saul , are being sued for trademark and trade dress infringement by Liberty Tax. The entertainment industry is no stranger to trademark infringement issues. Photo retrieved from The Wrap. Photo retrieved from Tubefilter.

Trademark

Trademark Public Domain Television Fair Use

[Guest post] Archival Authenticity or Iconic Copies? Some IP Thoughts on Dolce & Gabbana’s SS23 Collection Curated by Kim

The IPKat

OCTOBER 1, 2022

Here’s what Felicia writes: Archival Authenticity or Iconic Copies? It also suggests that copying might have some effect on our understanding of what is and is not iconic. copyright law or European copyright law, most of the designs in the “Ciao, Kim” collection might be hard-pressed to be copyrighted. see this chapter.)

Copying

Copying IP Copyright Law Designs

Landmark Trademark Battles: Shaping Brand Protection Globally and in India

IP and Legal Filings

SEPTEMBER 12, 2024

INTRODUCTION Section 29 [1] of the Trademark Act, 1999 , defines infringement as: “Trademarks infringement occurs if an unauthorized party makes use of a registered trademark in a way that is likely to lead to confusion about the origin of the product.” FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign

Branding

Branding Brands Branding Trademark

Roll for Initiative! How Wizards of the Coast’s trademark dispute is helping to keep the nasties out of tabletop gaming

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

Trademark Trademark Law Intellectual Property Law Publishing

American Airlines’ Copyright Victory Is a Flight To Nowhere

Copyright Lately

OCTOBER 20, 2024

But that was a sideshow to the airline’s more substantial trademark claims and allegations of consumer confusion. The court denied summary judgment on American’s trademark infringement and unfair competition claims, citing unresolved factual issues. Skiplagged’s disclosures about “hidden city” ticketing.

Copyright

Copyright Fair Use Social Media Business

Trademark Registration Process in the US and The India: Key Differences

IP and Legal Filings

JULY 11, 2024

INTRODUCTION The time it can take to register a trademark can therefore take longer depending on several factors such as the jurisdiction to which it was processed, the materials that have been included in the application as well as whether there are opposing voices or objections prevailing over the trademark.

Registration

Registration Trademark Reporting Government

Smells like Luxury, Does it Cost a Trademark Battle?

SpicyIP

AUGUST 31, 2023

Image from here Smells like Luxury, Does it cost a Trademark Battle? Ishant Jain The rise of comparative advertising in the perfume industry (for instance see here and here ) sparks debate on issues of potential trademark infringement and disparagement. We will explore the relevance of this further ahead in this post.

Trademark

Trademark Advertising Advertising Branding

CALL FOR APPLICATIONS: IP Innovation Clinic Fellows (Summer 2022)

IPilogue

MARCH 23, 2022

It is expected that the majority of the work done by students will relate to patent or trademark law. Performing trademark searches. Please provide the following materials via email to ipinnovationclinic@osgoode.yorku.ca : One page cover letter (briefly outlining your interests in IP law). 750 words).

IP

IP Patent Prosecution Intellectual Property Inventor

Trademark and Copyright Cases to Watch in 2023

The IP Law Blog

JANUARY 19, 2023

It’s always good to start off the year with an overview of trademark and copyright cases to watch. based remote-control maker Hetronic International sued its former European partner Abitron Austria for trademark infringement. Of course, Hetronic disagrees and contends that trademark law under the Lanham Act extends beyond U.S.

Copyright

Copyright Trademark Fair Use Contracts

An Overview On The Concept Of Dilution Of Trademark

IP and Legal Filings

MARCH 28, 2023

Introduction The term “trademark dilution” refers to the unauthorised use of, and/or application for, a trademark that is likely to damage an established mark’s distinctiveness. Additional sorts include trademark dilution and free riding in the EU. This is known as trademark dilution.

Trademark

Trademark Branding Branding Brands

SPIN Trademark Has Peloton Wrapped Around the Axel

The IP Law Blog

MARCH 5, 2021

, the executives at Peloton believe that the trademark SPIN is of great importance. Last month (February, 2021), Peloton filed petitions to cancel the trademarks SPIN and SPINNING for physical fitness instruction and for stationary exercise bicycles on the grounds that the marks are generic. This is commonly referred to as Genericide.

Trademark

Trademark Branding Branding Brands

Walmart’s $80 Birkin Bag: Discount Luxury or Designer Comedy Gold?

Nelligan Law

JANUARY 9, 2025

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. Trademark law exists to prevent exactly this kind of chaos. Walmarts $80 doppelgnger is the equivalent of showing up to the Oscars in a tuxedo T-shirt and Crocs.

Designs

Designs Design Branding Branding

Turning down the noise: Bose reclaims its.co.in domain

Selvam & Selvam Blog

APRIL 1, 2025

This domain, incorporating the entirety of Boses registered and well-known trademark, was being used for hosting a website that allegedly sold similar products. Well-Known Trademark Status: The brand is recognized as a well-known trademark, a designation under Indian trademark law that provides broader protection.

Branding

Branding Branding Brands Registration

TM Scholars' Roundable: Session 1: The Relevance of Ornamentality in Trademark Law: Acquisition of Rights

43(B)log

JUNE 24, 2022

Relationship to use as a trademark; symmetry b/t types of use that might allow acquisition of rights v. 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.

Trademark Law

Trademark Law Law Trademark Registration

Print-on-Demand Service Defeats Fish Illustrator’s Copyright Claim–Tomelleri v. Sunfrog

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

Copyright Trademark Law Publishing Copyright Infringement

The Hocus Pocus of Intellectual Property in Halloween Costumes

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

Intellectual Property Designs Design Copyright

Let the Chips Fall Where They May: Hershey Sues Californian Cookie Maker

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?

Cease and Desist

Cease and Desist Branding Branding Brands

Hot Take on the Wavy Baby Decision (Guest Blog Post)

Technology & Marketing Law Blog

DECEMBER 11, 2023

The Second Circuit stayed MSCHF’s appeal of the district court’s ruling that the Wavy Baby infringed Vans’ trademarks pending the Supreme Court’s decision in Jack Daniel’s v. 140 (2023), since that decision was expected to provide guidance to lower courts for resolving free speech defenses in trademark infringement cases. VIP Prods. ,

Blogging

Blogging Trademark Branding Brands

CALL FOR APPLICATIONS: IP Innovation Clinic Fellows (2022/23 Academic Year)

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. Performing trademark searches. Conducting legal research.

IP

IP Patent Prosecution Intellectual Property Inventor

A National Right of Publicity: the Federal Anti-Impersonation Right (FAIR)

Patently-O

JULY 19, 2023

Trademarks and trade secrets followed a different path – developing under state common law before later later gaining federal protections; with trade secrets moving federal most recently via the Defend Trade Secrets Act (DTSA) of 2016. It is common for litigation to assert both. What do you think?

Privacy

Privacy Trademark Law Fair Use Trademark

Ghostwriter in the Machine: Copyright Implications for AI-Generated Imitations

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.

Copyright

Copyright Music Social Media Art

Understanding the Relevance of IPR in the Fashion Industry

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

Designs Design Artistic Work Technology

Trademarking of Store Layouts

IP and Legal Filings

SEPTEMBER 3, 2021

Such strategies are not merely restricted to trademarking names, patenting products or copyrighting creative material. In fact, businesses have begun to extend the scope of Intellectual Property laws by protecting subsets of their products or services. This has introduced a new wave of non-conventional trademarks.

Trademark

Trademark Branding Branding Brands

THE OVERLAP OF COPYRIGHT AND TRADEMARK IN PRODUCT PACKAGING

Intepat

DECEMBER 30, 2024

Both trademark and copyright law offer avenues for such protection, which inevitably results in an overlap between the two legal frameworks. This discussion will explore the interplay between trademark and copyright laws in safeguarding product packaging. However, copyright law comes with certain limitations.

Trademark

Trademark Copyright Artistic Work Copyright Law

Bombay High Court Rules that Copyright Registration of a Label is not Compulsory

Kashishipr

SEPTEMBER 20, 2021

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. According to NTC, the SSPL label mark was only a registered trademark, and therefore, it couldn’t be used as an artistic work. Plaintiff’s Arguments. SSPL was incorporated in 2004.

Registration

Registration Artistic Work Copyright Registering Trademarks

Protection of Nonfungible Tokens in Indonesia

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

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law

Getting Your Trademark Registered In Saudi Arabia

IP and Legal Filings

MAY 17, 2022

Previously, three governmental bodies had the authority to protect and enforce intellectual property rights: The Ministry of Commerce and Industry for trademarks, the Ministry of Culture and Information for copyright, and King Abdulaziz City for Science and Technology for patents. Trademark in Saudi Arabia. Geographic names.

Trademark

Trademark Registration Intellectual Property Trademark Law

Fashion Industry – Trademark and Trade Dress Protection

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. Understanding the Secondary Meaning of Trademark.

Trademark

Trademark Designs Design Marketing

Protection of Trademarks in Cambodia

IP and Legal Filings

NOVEMBER 1, 2022

Trademark and other subjects of industrial property, such as patent, industrial design, utility solution, etc. Cambodian trademark law defines a “mark” as any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise. [Image Source: Freepic].

Trademark

Trademark Service Mark Intellectual Property Registration

How To Brand Using Trademarks Strategically

azrights

OCTOBER 18, 2021

I’ll then explain the role of trademarks and why and how to be strategic with them. The ideal is to secure a trademark over the brand identifiers you’re using because trademarks lock competitors out from using similar identifiers that might create confusion as to the source or origin of products and services of a brand.

Brands

Brands Branding Branding Trademark

Trademark Infringement 101: What You Need to Know to Protect Your Brand

Corsearch

FEBRUARY 22, 2024

Trademark infringement is the nightmare that keeps big brands up at night. In a world where maintaining a distinctive identity and protecting consumer trust is a constant battle, safeguarding your trademarks is crucial. What is trademark infringement? Let’s start with the basics; what is trademark infringement?

Brands

Brands Branding Branding Trademark

The Southern District of NY Catches Bieber Fever and Denies Injunction

The IP Law Blog

SEPTEMBER 1, 2022

The founders of the fashion line RHODE almost immediately filed a trademark infringement lawsuit against Mrs. Bieber in the United States District Court for the Southern District of New York. To that end, the fashion brand claims it has common-law trademark rights concerning such goods.

Branding

Branding Branding Brands Trademark

Significance of Smell in Trademarks

IP and Legal Filings

SEPTEMBER 8, 2023

Introduction A ‘smell trademark’ being intangible in nature of it’s representation for registering as a trademark, has been a considerable opposition for the owners who deals with products like soaps, perfumes, creams, cosmetics, body lotions, and so on. the famous case of Ralf Seikmannv.

Trademark

Trademark Registration Marketing Marketing

What’s the Difference Between Copyright and a Trademark?

Corsearch

AUGUST 16, 2023

In this short blog we demystify the realms of copyright and trademarks, using the U.S. Copyright and trademarks are key intellectual property rights, each possessing their own unique characteristics to shield your creations from the clutches of bad actors and infringers. Unlike copyright, trademarks are all about the name game.

Trademark

Trademark Copyright Branding Branding

rebinding books doesn't create derivative works but may be actionable under Lanham Act

43(B)log

JANUARY 27, 2023

Steeplechase has a copyright for the book, “Piano Book for Adult Beginners: Teach Yourself How to Play Famous Piano Songs, Read Music, Theory & Technique” and registered trademark rights in STEEPLECHASE ARTS & PRODUCTIONS for, among other things, music instruction books, including for the Piano Book. Was this literally false?

Derivative Work

Derivative Work False Advertising Advertising Advertising

Preventing Trademark Infringement or Stifling Healthy Competition? A Look at 1-800 Contacts and its Keyword Advertising Battle

LexBlog IP

OCTOBER 25, 2021

A glaring issue with this practice is that many search terms in keyword advertising programs are already trademarked, and trademark owners have an affirmative duty to enforce their trademark rights. In August 2021 , 1-800 Contacts filed a complaint against Warby Parker alleging trademark infringement over search engine ads.

Advertising

Advertising Advertising Trademark Cease and Desist

LexBlog IP

JANUARY 19, 2023

It’s always good to start off the year with an overview of trademark and copyright cases to watch. based remote-control maker Hetronic International sued its former European partner Abitron Austria for trademark infringement. Of course, Hetronic disagrees and contends that trademark law under the Lanham Act extends beyond U.S.

Copyright

Copyright Trademark Fair Use Contracts

Understanding Copyright, Trademark and Halloween Costumes

Copy-Paste Perfumes? The Legal Battle Over Fragrance Dupes

Trending Sources

EMP&A comments on USPTO’s transition to issue electronic trademark registration certificates

THE REVERSE CONFUSION THEORY: AN EXCEPTION TO DOCTRINE OF PRIOR USE

Chanel is reminded: trademark territoriality still matters

3D Shape Trademark on Cars

U.S. Supreme Court Alert: If you copy an unpatented furniture design, does that help prove that the design was iconic and protected as a trademark?

“Better Call Saul” Episode Sparks “Sweet” Trademark Infringement Lawsuit

[Guest post] Archival Authenticity or Iconic Copies? Some IP Thoughts on Dolce & Gabbana’s SS23 Collection Curated by Kim

Landmark Trademark Battles: Shaping Brand Protection Globally and in India

Roll for Initiative! How Wizards of the Coast’s trademark dispute is helping to keep the nasties out of tabletop gaming

American Airlines’ Copyright Victory Is a Flight To Nowhere

Trademark Registration Process in the US and The India: Key Differences

Smells like Luxury, Does it Cost a Trademark Battle?

CALL FOR APPLICATIONS: IP Innovation Clinic Fellows (Summer 2022)

Trademark and Copyright Cases to Watch in 2023

An Overview On The Concept Of Dilution Of Trademark

SPIN Trademark Has Peloton Wrapped Around the Axel

Walmart’s $80 Birkin Bag: Discount Luxury or Designer Comedy Gold?

Turning down the noise: Bose reclaims its.co.in domain

TM Scholars' Roundable: Session 1: The Relevance of Ornamentality in Trademark Law: Acquisition of Rights

Print-on-Demand Service Defeats Fish Illustrator’s Copyright Claim–Tomelleri v. Sunfrog

The Hocus Pocus of Intellectual Property in Halloween Costumes

Let the Chips Fall Where They May: Hershey Sues Californian Cookie Maker

Hot Take on the Wavy Baby Decision (Guest Blog Post)

CALL FOR APPLICATIONS: IP Innovation Clinic Fellows (2022/23 Academic Year)

A National Right of Publicity: the Federal Anti-Impersonation Right (FAIR)

Ghostwriter in the Machine: Copyright Implications for AI-Generated Imitations

Understanding the Relevance of IPR in the Fashion Industry

Trademarking of Store Layouts

THE OVERLAP OF COPYRIGHT AND TRADEMARK IN PRODUCT PACKAGING

Bombay High Court Rules that Copyright Registration of a Label is not Compulsory

Protection of Nonfungible Tokens in Indonesia

Getting Your Trademark Registered In Saudi Arabia

Fashion Industry – Trademark and Trade Dress Protection

Protection of Trademarks in Cambodia

How To Brand Using Trademarks Strategically

Trademark Infringement 101: What You Need to Know to Protect Your Brand

The Southern District of NY Catches Bieber Fever and Denies Injunction

Significance of Smell in Trademarks

What’s the Difference Between Copyright and a Trademark?

rebinding books doesn't create derivative works but may be actionable under Lanham Act

Preventing Trademark Infringement or Stifling Healthy Competition? A Look at 1-800 Contacts and its Keyword Advertising Battle

Trademark and Copyright Cases to Watch in 2023

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