IP Watchdog

AUGUST 4, 2021

Court of Appeals for the Third Circuit regarding the definition of “functionality” in trademark law. Supreme Court asking the nation’s highest court to grant a petition for writ of certiorari to take up Ezaki Glico Kabushiki Kaisha v. Lotte International America Corp. At issue in the appeal is a ruling from the U.S.

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IP and Legal Filings

DECEMBER 17, 2024

Abstract In the changing landscape of intellectual property law, Trademarks have gone beyond the traditionally used symbols, names, logos to enhance the non-traditional identifiers. Unlike conventional trademarks that primarily use visual elements, non-conventional trademarks engage multiple senses to foster brand recognition.

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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. Trademarks must have a distinguishing capacity and must be ‘distinctive’ in itself. Jitender V. Jain and Anr.,

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SpicyIP

MARCH 3, 2022

We are pleased to bring you a guest post by Kedar Ganesh Dhargalkar, analysing the possibility of trademark protection for bodily features. Balasaheb Apte College of Law in Mumbai. Trademarking Signature Poses/Looks – A Progressive Protection of Individuality. What implications does this have for trademark law?

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Trademark Trademark Law Intellectual Property Advertising 121

IP and Legal Filings

OCTOBER 28, 2023

Introduction The Trademarks Act of 1999 introduced trademark dilution. The use of trademarks helps a company set itself apart from its rivals’ products and services. A feature of trademark law known as trademark dilution gives the brand owner exclusive rights to the mark, providing them a strong and recognisable trademark.

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Trademark Registering Trademarks Trademark Law Branding 98

IP Tech Blog

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. For example, the actual art.

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Trademark Law Trademark Law Branding 57

Olartemoure Blog

FEBRUARY 28, 2023

As we humans push the boundaries of exploration and commerce in outer space, it’s important to understand the laws and regulations that govern the use of trademarks in this new frontier. This infographic will provide a quick overview of the current state of trademark protection in outer space. What is a trademark?

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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 trend of incentivizing hashtags as trademarks began way back in 2010, and since then, the filing of such Trademark Applications has spiked globally.

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Trademark Registration Registering Trademarks Social Media 105

SpicyIP

MAY 18, 2022

Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse. In the US too, several companies are protecting their trademarks for similar goods and services. The definition of these terms is unclear.

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Kashishipr

APRIL 27, 2022

With the increase in globalization and cross-border trade, intriguing types of trademarks are trending and have become a crucial tool to signify a company’s identity. Motion Trademarks in India. The most critical aspect that may be subject to the Trademark Protection of a motion mark is the succession of images in the said mark.

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Registration Trademark Branding Branding 105

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Trademark violation raises significant issues. Cybersquatting is another type of trademark infringement.

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IP and Legal Filings

JANUARY 11, 2024

INTRODUCTION Trademarks are vital part of modern day commerce because they act as distinctive and unique symbols that enable consumers to recognise and distinguish goods and services offered by different providers. Image Sources: Shutterstock] The primary legislative basis for smell trademark regulation in the US is the Lanham Act.

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Traverse Legal Blog

JANUARY 26, 2021

Even though the United States Patent and Trademark Office (USPTO) does not currently allow federal trademark registration for goods or services that violate federal law, it does allow federal trademark registration for cannabis and cannabis-related goods and services if the use in commerce is lawful.

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JD Supra Law

OCTOBER 17, 2022

This is the most recent variation on a question that has had growing urgency in trademark law over the past decade: What is an expressive work? Is the Wavy Baby a sneaker or a comment on “sneaker culture”? A commercial product or a collectible artwork? By: Miller Nash LLP

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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. Additionally, various judgements by courts have provided no straight jurisprudence regarding protection of numeral trademarks. However, protection to numbers have differed.

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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.

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Trademark Law Trademark Law Branding 52

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.

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SpicyIP

FEBRUARY 21, 2024

Recently, the Delhi High Court referred 3 questions regarding the jurisdiction of a High Court to hear trademark rectification applications, to a larger bench. Kevin is a second-year law student at NLSIU Bangalore. The High Court having territorial jurisdiction over the appropriate office of the trademark registry.

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Technology & Marketing Law Blog

OCTOBER 17, 2022

GmbH has registered trademarks in the dictionary word “Emoji.” As I previously documented , Emojico has likely sued about 10,000 defendants for trademark infringement. This means the term “emoji” is generic with respect to the dictionary definitions and Emojico’s litigation empire should crumble.

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Trademark Fair Use Registration Licensing 124

IP and Legal Filings

AUGUST 11, 2023

Introduction Trademarks are no longer confined to words, numbers, or devices. This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] 7] Is Braille a ‘Mark’ ?

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Trademark Registration Intellectual Property Intellectual Property Law 98

IP Tech Blog

AUGUST 17, 2022

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. Is this however a case of trademark infringement? Trademark or Unfair Competition? And, why is this important?

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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. AI AND TRADEMARK Trademarks give brand owners exclusive rights by identifying the source of goods or services.

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JIPL Online

FEBRUARY 26, 2021

If the title sounds familiar, you are part of the reason Booking.com successfully trademarked “Booking.com” while paving the way for owners of similar marks to receive trademark protection. The Decision. Justice Breyer disagreed with the majority’s decision, specifically (1) that placing “.com”

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SpicyIP

SEPTEMBER 11, 2023

underscored that there is a need to supervise or govern patent and trademark agents. 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. Interestingly, the same has also been raised earlier by Prashant , Aparajita , and Praharsh.

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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.

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Copyright Trademark Law Publishing Copyright Infringement 119

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. 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. Intro, Graeme Dinwoodie Ornamentality is undertheorized. types of use that might infringe?

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Trademark Law Law Trademark Registration 75

IP and Legal Filings

OCTOBER 23, 2023

Businesses may find it challenging to enforce trademark rights in online marketplaces because it can be challenging to locate infringers and hold them accountable. Effective trademark enforcement is essential in this situation for protecting the goodwill and financial interests of legitimate businesses.

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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.

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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.

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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.

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IPilogue

OCTOBER 7, 2021

Emily Xiang is an IPilogue Writer, the President of the Intellectual Property Society of Osgoode, and a 2L JD Candidate at Osgoode Hall Law School. The court ultimately decided against the band because “Aboriginal rights are outside the scope of trademark law.”.

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IPilogue

AUGUST 4, 2022

That marked the first time that the Court invalidated a trademark for reasons of bad faith per s. 18(1)(e) of the Trademarks Act (TMA). Judian opened locations specifically in metro Vancouver for the large Chinese Canadian population in this area who would recognize the Beijing Judian trademarks. v Wei Meng. The Decision.

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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.

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Intellectual Property Design Designs Licensing 101

Traverse Legal Blog

MAY 1, 2022

Trademark Collateral Security Agreements. Registered or pending trademarks ( intellectual property) can be used as a form of collateral to secure a loan from a financier. Perfecting a security interest in trademarks and other IP’s is not as clear as it is for other kinds of personal property.

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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] Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3]

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Erik K Pelton

MARCH 11, 2022

In our continuing effort to combat trademark scams and raise awareness of this important issue, we have recently submitted comments to the FTC. Because there are many types of fraud and government impersonation, only a handful of other commenters mentioned trademark issues. ” More than 100 comments were submitted. .”

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The IP Law Blog

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose.

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