IP and Legal Filings

AUGUST 29, 2023

Can their names be officially protected under trademark laws?At At first, it might seem a little confusing as Trademarks are like- ‘special signs’ that help us know where products or services come from. ” This term is descriptive in nature, as evidenced by its dictionary definition.

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Trademark Trademark Law Law Advertising 94

IP and Legal Filings

DECEMBER 20, 2024

However, it provides both good challenges and opportunities under trademark law. The blog covers how trademarks evolve in the era of social media and influencer marketing, analyzing legal uncertainties, protection mechanisms, and best practices for commercial usage. Therefore, a brand can be registered in the U.S.

Social Media 81

Social Media Trademark Branding Branding 81

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may. What is Trademark Dilution?

Trademark 84

Trademark Registering Trademarks Trademark Law Branding 84

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. There have been some court decisions on this precise topic, but the law is not completely settled. This isn’t limited to logo design. Like speeding.

Designs 52

Designs Design Trademark Copyright 52

SpicyIP

MAY 18, 2022

The definition of these terms is unclear. The term ‘digital product’ has been used in certain laws but the term itself has not been defined. From these applications, it appears that applicants are trying to classify ‘virtual goods’, ‘digital collectibles’, as a separate and distinct category of goods.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

SpicyIP

SEPTEMBER 11, 2023

This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents. Plus, I argue that the liability of such an agent should be analogized with legal practitioners for which we already have sound jurisprudence and laws regarding professional conduct.

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Government Trademark Patent Patent Application 105

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. Instead of protecting consumers, this bill gives trademark owners absolute control over online marketplaces by overturning Tiffany v.

Trademark 144

Trademark False Advertising Advertising Advertising 144

IP and Legal Filings

NOVEMBER 23, 2024

Why do trademarks matter in corporate strategy? A trademark is, by definition, a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. [1]. Intellectual property rights protect trademarks. In Dharampal Satyapal Limited Vs. As held in Basant Kumar Makhija and Ors [11].

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Branding Brands Branding Technology 95

The TTABlog

JUNE 22, 2023

Ramsey of the University of San Diego School of Law have just published an article on a very timely topic: "Raising the Threshold for Trademark Infringement to Protect Free Expression," 72 American University Law Review 1179 (2023). These defensive trademark doctrines, however, are narrow and often vary by jurisdiction.

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Trademark Trademark Law Fair Use Blogging 52

IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] When a mark is graphically represented and can distinguish the goods and services of one proprietor from another, it can be registered as a trademark. [9]

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Registration Trademark Trademark Law Law 88

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. Still, the court acknowledges that its resolution while definitive is only as between the two parties (i.e., Washington State’s Proposed Employer Social Media Law: The Legislature Should Take a Cautious Approach — SB 5211.

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Social Media Ownership Business Branding 119

Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” A Google search turns up three different pairs of designs with differing degrees of similarity. A jury agreed, finding that H&M had willfully infringed Unicolors’s fabric design.

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Registration Blogging Copyright Designs 98

IP and Legal Filings

JULY 11, 2024

This entails collection of all FileInfo(s) of the mark which includes a written definition of the mark through the proprietor, a written specification of the goods or services to be rendered associated with the mark, and the grounds for filing the mark, use in commerce or bona fide intention to use in commerce in the United States.

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Registration Trademark Reporting Government 84

The IP Law Blog

FEBRUARY 3, 2022

In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” This protected designation was superseded by adoption of the Protected Designation of Origin (“PDO”) for GRUYÈRE in 2001.

Designs 52

Designs Design Trademark Branding 52

IP Tech Blog

AUGUST 17, 2022

57 of the Chinese Trademark law. The article provides as follows: “ Any of the following acts shall be deemed as infringement of exclusive rights to use registered trademarks: . (1) 7) causing harm to other’s exclusive rights to use registered trademarks.”. 57 of the Trademark Law. The MSA Decision.

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Trademark Registering Trademarks Art Cease and Desist 104

Technology & Marketing Law Blog

MAY 30, 2023

Accordingly, the court preliminarily enjoins the Owocs from posting to the accounts until ownership is definitively adjudicated. SF Design Group Courts Says Employer’s Lawsuit Against Ex-Employee Over Retention and Use of Twitter Account can Proceed–PhoneDog v. Kravitz An Update on PhoneDog v. Spartz, Inc. Christou v.

Social Media 98

Social Media Ownership Marketing Marketing 98

Erik K Pelton

MARCH 11, 2022

As a trademark law firm, we represent a wide array of clients but predominantly focus on helping small business owners protect their intellectual property. In recent years, trademark scams have proliferated and become increasingly problematic, particularly for small business owners. About Erik M. Pelton & Associates, PLLC.

Government 147

Government Business Trademark Blogging 147

Technology & Marketing Law Blog

APRIL 29, 2023

.” Most of the opinion discusses the trademark implications of Ripps’ rival NFT collection. With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. Of the efficacious four, three were based exclusively on trademark rights, not copyright.

Fair Use 105

Fair Use Cease and Desist Copyright Trademark 105

The TTABlog

OCTOBER 13, 2021

Micro Mobio insisted that General Motors should have been stuck with the definition of cruise that it "used in its registration" (sic): "to sail from place to place, as for pleasure or in search of something." The court was unmoved. Read comments and post your comment here. TTABlogger comment: Is this a WYHA? Text Copyright John L.

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Registration Trademark Law Designs Design 52

Intepat

DECEMBER 4, 2024

However, unconventional trademarks challenge traditional concepts of visual representation, leading to significant complexities in their registration, protection, and enforcement. Their essence lies in unique sensory elements that transcend conventional designs and embody distinctiveness in novel ways. Pawan Kumar case.

Trademark 52

Trademark Intellectual Property Branding Branding 52

IP and Legal Filings

AUGUST 11, 2023

THE THREE STAGES OF INQUIRY A trademark is a mark capable of being graphically represented and it can distinguish the goods and services of one person from another person. [5] 5] So, the three qualifications of a trademark are: it is a mark, it is graphically represented, and it has the ability to distinguish itself. [6]

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Trademark Registration Intellectual Property Intellectual Property Law 89

The IP Law Blog

JANUARY 12, 2023

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. .

IP 98

IP Intellectual Property Social Media Cease and Desist 98

IP and Legal Filings

OCTOBER 6, 2022

GIs are protected under the Trademarks Law as collective or certification marks, the Pyidaungsu Hluttaw Law No. In the Trademark and Geographical Indications Law, the definition of Geographical Indications is provided. 3, which is enacted on 30 January 2019. Other prescribed particulars.

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Registration Trademark Law Intellectual Property Trademark 52

IIPRD

JUNE 14, 2021

Piracy and Fashion Design. Piracy may be defined as the unauthorized and illegal reproduction or distribution of materials protected by copyright, patent, or trademark law which is capable of eating up the whole industry slowly and steadily. Protection under the Designs Act, 2000. Iqbal Singh Chawla&Ors. ,

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Intellectual Property Artistic Work Design Designs 40

The TTABlog

SEPTEMBER 26, 2024

Examining Attorney George Pelletier II submitted dictionary definitions of "American:" e.g., "[o]f or relating to the United States of America or its people, language, or culture." Furthermore, applicant displays the mark adjacent a stylized version of the American flag (see above) with the stars replaced by a cloud design.

Trademark Law 49

Trademark Law Government Designs Design 49

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

” I’ll focus on the false designation of origin claim regarding Troia’s keyword ads. Troia claimed that he did not use the LoanStreet trademark in commerce. ” This definition of a service is an obvious tautology, and it’s also obviously in tension with the First Amendment.

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False Advertising Advertising Advertising Trademark 129

43(B)log

FEBRUARY 19, 2022

NAACP—these courts very clearly say that trademark law applies to commercial speech, defined as it is in First Amendment case law, and not to noncommercial speech. Some of the work is also done by the idea that trademark control extends only to the name/logo of a congregation and not to other elements of worship.

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Trademark Law Trademark Art Branding 72

Technology & Marketing Law Blog

MARCH 10, 2022

What about employee social media laws? Maryland enacted a social media privacy law in 2021. As with other such laws, this law struggles with definitions. Washington State’s Proposed Employer Social Media Law: The Legislature Should Take a Cautious Approach — SB 5211. SF Design Group. Spartz, Inc.

Social Media 98

Social Media Contracts Ownership Business 98

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

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IP Copyright Trademark Intellectual Property 124

IP and Legal Filings

DECEMBER 17, 2024

The Trademark law in India, known as Trade Marks Act, 1999, comes into force according to the rules established under the International Principles laid down in TRIPS (Trademark-Related Aspects of Intellectual Property Rights Agreement).

Trademark 52

Trademark Branding Branding Brands 52

LexBlog IP

APRIL 12, 2023

I briefly mentioned Abitron here recently , but it deserves more attention in the context of defining the boundaries of US trademark laws and just on the notion of defining words. ” But there are counterarguments to the suggestion that the law would only have been concerned with uses in domestic commerce. Vitronics Corp.

Law 52

Law IP Intellectual Property Copyright 52

IIPRD

JUNE 13, 2024

When artificial technologies are utilized for creating innovations, such as employing evolutionary algorithms for antenna design or engaging IBM Watson to produce music, IPR laws become relevant. AI is doing lots of creative work in the fields of animation, web apps, images, music, designing, and various other things.

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Intellectual Property Inventor Invention Trademark 59

LexBlog IP

FEBRUARY 3, 2022

In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” The test turns upon the primary significance that the term would have to the relevant public.

Designs 40

Designs Design Branding Brands 40

Garrigues Blog

MAY 25, 2022

patents, trademarks, designs, original works), and if applicable, it must be assessed whether the unfair competition rules apply secondarily. UCL has to be interpreted carefully, because it is not the same as the definition of association in the field of trademark law (i.e.

Law 52

Law Marketing Marketing Business 52

IP and Legal Filings

AUGUST 3, 2023

Marks consisting of designs or patterns may also be rejected as a failure to function. When a trademark is rejected primarily because it is decorative or ornamental, and lacks the ability to function as a source identifier, it is called an ornamental refusal. It may be rejected for being a mere graphic representation of the product.

Registration 52

Registration Branding Branding Brands 52

IP and Legal Filings

JULY 5, 2023

Introduction Trademarks are recognised phrases, words, or symbols that designate a certain item and lawfully distinguish it from all other items of the same type. A trademark is a valuable intellectual property that businesses use to differentiate their brand from their competitors’ in the market. Avoid well-known brands.

Trademark 59

Trademark Registration Branding Brands 59

IP and Legal Filings

OCTOBER 23, 2023

The online marketplaces can be held liable only when the trademark owners take certain steps. As resonating the definition of the word “Sell” the online marketplaces act as an intermediate between the original sellers (trademark owners) and the buyers. The online marketplaces do not precisely title the products sold.

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Marketing Marketing Trademark Registration 93