IP and Legal Filings

APRIL 7, 2025

This blog attempts to unravel these complexities and wrestle with the definitions of trademarks in the hybrid age while providing strategies for businesses to maneuver through this fluid arena. This administration uplifts the benefit of traditional protection of the trademark of this hybrid market.

Trademark 52

Trademark Branding Brands Branding 52

LexBlog IP

APRIL 17, 2023

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. The definition of the boundaries between concepts like “well-known,” “certain,” and “high reputation” are important.

Trademark Law 52

Trademark Law Trademark Law Branding 52

Technology & Marketing Law Blog

MARCH 8, 2022

academics with expertise in trademark law. The SHOP SAFE Act represents one of the most significant proposed reforms of trademark law that Congress has contemplated in years, and it will likely reshape e-commerce in unwanted ways. The SHOP SAFE Act would do this by fundamentally changing trademark law.

Trademark 144

Trademark Trademark Law Law Blogging 144

IP and Legal Filings

JANUARY 27, 2025

Key Challenges in AI and IPR: Ambiguity in Legal Definitions: The various steps carried out in the training processes of AI do not conform to legal categories of reproduction, use or making. That is, when utilizing images on websites, there may be a conflict of rights regarding the reproduction of those pictures.

Intellectual Property 101

Intellectual Property Designs Design Licensing 101

The IPKat

APRIL 6, 2025

Or perhaps the future of copyright law could take principles from trademark law providing protections for works when infringing creations dilute the value and recognizability of the original artists pieces.

Copyright Law 69

Copyright Law Moral Rights Law Copyright 69

LexBlog IP

APRIL 27, 2023

We are just a few months into 2023, but we are already seeing a number of proposed changes to Chinese Trademark Law. Overall Theme and Key Takeaway It should be noted that this will be the 5 th round of major amendments to the China Trademark Law since it was first adopted in 1982.

Trademark Law 52

Trademark Law Law Trademark Intellectual Property 52

Technology & Marketing Law Blog

MARCH 6, 2024

If not, the print-on-demand industry may not be commercially viable under prevailing law. This judge is vexed by the definition of volitional conduct. I’m also left wondering about possibly divergent applications of copyright and trademark law to print-on-demand services. The supervising judge agrees.

Copyright 119

Copyright Trademark Law Publishing Copyright Infringement 119

43(B)log

JUNE 24, 2022

Jennifer Davis: After the Directive harmonizing TMs, all the law is what a TM isn’t and we have no positive definition of what a TM is. Merchandising right: ornamenting the person—think about merchandising as art, enhancing the self-presentation of the person.

Trademark Law 75

Trademark Law Law Trademark Registration 75

IPilogue

OCTOBER 7, 2021

The court ultimately decided against the band because “Aboriginal rights are outside the scope of trademark law.”. Cases like this raise questions about the scope of intellectual property (IP) law in Canada. Trademark law in particular has the benefit of granting collective rights and can also provide perpetual protection.

IP 105

IP Intellectual Property Trademark Law Ownership 105

Intepat

DECEMBER 4, 2024

Colour Marks : Specific colours, when used distinctively, can qualify as trademarks. ’s blue or the red soles of Christian Louboutin shoes have achieved recognition under trademark laws. where the court underscored that a feature (such as colour) must not serve a functional purpose to qualify for trademark protection.

Trademark 52

Trademark Intellectual Property Branding Brands 52

SpicyIP

FEBRUARY 21, 2024

This issue arose out of the absence of a clear definition of ‘High Court’ post the Tribunal Reforms Act, 2021 (‘TRA’) which abolished the IPAB and returned the powers to the High Courts. However, the Court did not pass a verdict on this issue. Was it a Mere Mistake (Casus Omissus)?

Trademark 105

Trademark Intellectual Property Designs Design 105

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 98

Trademark Registering Trademarks Trademark Law Branding 98

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.

Trademark 98

Trademark Trademark Law Law Advertising 98

SpicyIP

JANUARY 27, 2024

But, the PAN card service provider- UTI Infrastructure Technology and Service Limited ( UTIITSL ) was definitely not flattered, and neither was the Court. His previous post can be accessed here.] I have heard that imitation is the sincerest form of flattery.

Confidentiality 105

Confidentiality Trademark Law Licensing Trademark 105

Olartemoure Blog

FEBRUARY 28, 2023

Clark Lackert , a trademark expert who has explored the subject for quite some time and spoke about it during the last INTA Annual leadership conference in Miami. What is a trademark? Trademark In most of the countries a trademark is a symbol, word, or phrase that identifies and distinguishes a brand from others in the market.

Trademark 98

Trademark Intellectual Property Government Trademark Law 98

SpicyIP

MARCH 3, 2022

What implications does this have for trademark law? For starters, a body-part, being a ‘built-in aspect’ of the human anatomy, would be automatically barred from trademark protection, due to its generic character. Contemporary trademark jurisprudence has opened the gates for protecting non-conventional trademarks.

Trademark 122

Trademark Trademark Law Intellectual Property Advertising 122

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 Brands Branding 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]

Registration 98

Registration Trademark Trademark Law Law 98

IPilogue

DECEMBER 17, 2021

However, British artist Stuart Semple considers Tiffany Blue as being held captive through trademark law. Semple has been “liberating colours since 2016” , with previous paints replicating trademarked colours including International Klein Blue , T-Mobile Magenta , and Blackest Black. since 1998. In the 1995 Qualitex Co.

Trademark 111

Trademark Social Media Art Ownership 111

The IP Law Blog

MAY 27, 2021

Constellation alleges the license agreement gave it a broad license to use the name “Corona” and a broad definition of beer that covers beverages well beyond the original Corona lager. Constellation disagrees with Modelo’s position that hard seltzers are not allowed under its license.

Licensing 103

Licensing Branding Brands Branding 103

IP and Legal Filings

JANUARY 11, 2024

The objective of these requirements is to guarantee the legitimacy of graphical representations of smell trademarks. CHALLENGES Olfactory markings have certain particular challenges under Indian trademark law. The difficulty of graphical representation is a big barrier.

Trademark 105

Trademark Intellectual Property Branding Brands 105

IIPRD

JANUARY 7, 2025

9] Determining the “field of endeavor in which the inventors were working” is crucial, and it’s best to avoid “both unduly wide and unduly restrictive definitions” because they may lead to problems. The selection and evaluation of the previous art are aided further by the appropriately designated relevant art.

IP 98

IP Intellectual Property Invention Inventor 98

IPilogue

AUGUST 4, 2022

The Court evaluated many definitions of “bad faith,” as it was not defined in Bill C-86, which introduced the new s.18(1)(e) The applicant noted similar provisions in EU and UK trademark law that have been adjudicated. The Decision. 18(1)(e) of the TMA.

Trademark 114

Trademark Registration Designs Design 114

IP and Legal Filings

JANUARY 27, 2025

Currently, the law of Indian IP does not recognise AI as an entity which can ask for protection. As per the definition of author under the Copyright Act, any person who causes work to be generated by consumers is considered to be the actual author.

Intellectual Property 104

Intellectual Property Music Art IP 104

More Than Your Mark

AUGUST 20, 2021

Whether such a solution is available or necessary will depend on your goals and desires, which you should discuss with an experienced intellectual property attorney specializing in trademark law. Contact Norris McLaughlin About Intellectual Property Disputes Over 3-D Designs.

Intellectual Property 98

Intellectual Property Designs Design Invention 98

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

Kashishipr

JANUARY 12, 2022

Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection. The trademark utilizing the hashtag must be distinctive in nature. What’s in a #Hashtag?

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

Kashishipr

APRIL 27, 2022

During the filing of the trademark application for a motion mark, the applicant should ensure that the movements occurring in the mark should be represented in sequence as presented for the product or brand in question. The Indian Trademark Law and Motion Marks.

Registration 105

Registration Trademark Branding Brands 105

The IPKat

APRIL 5, 2022

Clarifications are given on three aspects in particular: (1) On the definition and criteria of ‘the signs with certain influence’. (2) 2) Article 6 of the AUCL does not protect the signs, or their distinctive identifying parts, that are forbidden from use by Article 10(1) of the Trademark Law of China. (3)

Law 95

Law Business Marketing Marketing 95

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.

Reporting 123

Reporting Intellectual Property Cinema Advertising 123

IP and Legal Filings

MARCH 5, 2024

Using trademarks in domain names, linking, framing, meta-tagging, and framing are a few methods that could lead to trademark challenges. Cybersquatting is another type of trademark infringement. A fundamental tenet of trademark law is to avoid consumers being confused about the origin or source of products or services.

Trademark 98

Trademark Social Media Advertising Advertising 98

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.

Trademark 52

Trademark Trademark Law Fair Use Blogging 52

TorrentFreak

JANUARY 5, 2024

Trademark Infringement Markscan is currently filing seemingly endless requests on behalf of Plex against huge numbers of URLs, requesting deindexing from Google search under trademark law. Plex definitely wouldn’t want that yet the articles were still taken down by MarkScan.

Publishing 120

Publishing Copyright Infringement Reporting Copyright 120

IP and Legal Filings

JUNE 26, 2023

However, the extent of protection and applicable principles of trademark law that surround the numeral trademark takes center stage in the discussion. The definition is inclusive of numerals and makes it clear that such numeral marks can serve the purpose of identification of goods and services.

Trademark 96

Trademark Fair Use Registration Brands 96

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.

Registration 98

Registration Trademark Reporting Government 98

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.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

Technology & Marketing Law Blog

OCTOBER 17, 2022

This means the term “emoji” is generic with respect to the dictionary definitions and Emojico’s litigation empire should crumble. The trademark registrations discourage that outcome. The court seemingly understands the problem perfectly.

Trademark 124

Trademark Fair Use Registration Licensing 124