JD Supra Law

OCTOBER 2, 2023

Many brand owners are familiar with the value of registered trademarks, which safeguard the goodwill cultivated between mark holders and consumers by reducing confusion as to the source of the associated goods. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

Design Patent 75

Design Patent Design Designs Brands 75

Patently-O

OCTOBER 8, 2021

” UGG is a registered trademark in the USA, now owned by Deckers Outdoor Corp. Back in 2016, Deckers learned that Australian Leather had imported 12 pairs boots labelled “ugg boots” into the USA and sued for trademark infringement. On appeal, the Federal Circuit affirmed in a R.36 Petition ].

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Trademark Registering Trademarks Licensing Design Patent 136

Indiana Intellectual Property Law

NOVEMBER 29, 2024

The complaint focuses on the use of marks by Hyk that Hiker claims are confusingly similar to its own registered trademarks. Hiker has been in the business of designing and manufacturing customizable trailers for over a decade, earning a reputation for quality and durability.

Trademark 52

Trademark Registering Trademarks Designs Design 52

Kashishipr

MARCH 2, 2022

No trademark office across the globe will ever keep a watch on the market for unauthorized use of your Registered Trademark. Furthermore, it will also never enforce your trademark rights on your behalf. It implies that the onus lies with the trademark holder to prevent others from infringing upon his trademark rights.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

Patent Trademark Blog

APRIL 7, 2022

What may have been unimaginable years ago has become a genuine concern for trademark owners who care about the virtual world. Yes, you can register trademarks for virtual goods with the USPTO. How do you trademark in the metaverse? How do you trademark in the metaverse? First, specify the mark.

Registering Trademarks 52

Registering Trademarks Trademark Brands Branding 52

SpicyIP

OCTOBER 14, 2024

Levi Strauss And Co vs Dinesh Sharma on 26 September, 2024 (Delhi District Court) Image from here The plaintiff sought a permanent injunction against the defendant for infringing on its trademarks, including “LEVI’S,” the “Two Horse Logo,” and the “Arcuate Stitching Design.”

Trademark 105

Trademark Registering Trademarks IP Copyright 105

Patent Trademark Blog

JANUARY 4, 2024

Can you obtain a US registration for a foreign registered trademark? Many international trademark owners are familiar with the Madrid Protocol where you file your first trademark application in your home country. Afterwards, you file a Madrid application designating multiple foreign countries.

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Registering Trademarks Trademark Registration Blogging 52

Erik K Pelton

AUGUST 20, 2024

Errors have the potential to limit or jeopardize a brand owner’s trademark rights; result in a voided application; delay the application process; or result in the loss of non-refundable USPTO filing fees. When a brand owner registers the words, the ® can be used whenever those words are used—in text, in logos, and more.

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Registration Trademark Brands Branding 130

Erik K Pelton

APRIL 24, 2023

Non-traditional trademarks include sounds, sense, motions, lighting, colors, and more. Essentially, things that are not made up of logo designs or words. I want to focus on color trademarks. The brown color used by UPS is a registered trademark. For instance, the magenta of T-Mobile is a registered trademark.

Trademark 130

Trademark Registering Trademarks Brands Branding 130

Patent Trademark Blog

NOVEMBER 30, 2023

Rejected Trademark Application? Get a Design Patent Instead The path to registering a trademark can be strewn with landmines. When your trademark application faces difficult rejections, would a design patent make more sense? Having difficulty trademarking your brand?

Design Patent 52

Design Patent Design Designs Trademark 52

IAM Magazine

SEPTEMBER 29, 2022

On 2 June 2022, data from the Chinese Patent Office showed that a Renault SAS design patent (ZL202130363449.5) with the name “Automobile” was declared as invalid in its entirety for conflict with a registered trademark owned by Human Horizon, who filed the invalidation action.

Design Patent 52

Design Patent Design Designs Trademark 52

IAM Magazine

SEPTEMBER 29, 2022

On 2 June 2022, data from the Chinese Patent Office showed that a Renault SAS design patent (ZL202130363449.5) with the name “Automobile” was declared as invalid in its entirety for conflict with a registered trademark owned by Human Horizon, who filed the invalidation action.

Design Patent 52

Design Patent Design Designs Trademark 52

Plagiarism Today

OCTOBER 26, 2021

First, design elements that are “physically or conceptually separate” from the article can be protected. Characters are often protected by copyright, even if their fashion is not, but they are also routinely protected by trademark. Trademark infringement, however, isn’t like copyright.

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Trademark Copyright Cease and Desist Copying 279

IP Tech Blog

FEBRUARY 1, 2024

Trademark and registered design portfolio It goes without saying: maintaining a comprehensive trademark portfolio is key. For every successful brand, it is critical to properly protect and to productively develop and use the underlying intellectual property (IP) in that brand to ensure its long-term growth.

Brands 101

Brands Branding Branding Social Media 101

Kashishipr

MAY 4, 2022

Have Proper Symbols of Trademark Registration & Ownership. If you don’t have a Registered Trademark in place but a good faith belief concerning you owning a mark exclusively, you should use the ‘TM’ symbol with your mark. It informs the customers that you consider yourself the mark’s rightful owner.

Social Media 105

Social Media Trademark Cease and Desist Registering Trademarks 105

43(B)log

MARCH 10, 2023

The highway protocol allegedly suffered from performance issues and never met the design requirements that Zamfir had previously advertised when working with CasperLabs on the product, thus allegedly harming his reputation. Those injuries didn’t come from the alleged infringement.

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Registering Trademarks Trademark Registration Ownership 45

Patent Trademark Blog

SEPTEMBER 20, 2023

Can you include a logo in your design patent application? Let me share a strategy if you’re thinking about filing a design patent application for a new product that might be considered somewhat similar to existing products. It is possible to include a logo in your design patent application for a product.

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Design Patent Designs Design Patent Application 52

IP and Legal Filings

JANUARY 8, 2025

It deprives trademark owners of losing market and financial losses through apprehension of infringing imports. Take an instance, international brands frequently record their trademarks with Indian customs to block the entry of fake products that replicate their logos or designs.

Trademark 59

Trademark Law Trademark Law Intellectual Property 59

Kashishipr

SEPTEMBER 20, 2021

The label in question was designed by an employee of SK Oil Industries. According to NTC, the SSPL label mark was only a registered trademark, and therefore, it couldn’t be used as an artistic work. It further added that an individual could either own a registered trademark or copyright but not both.

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Registration Artistic Work Copyright Registering Trademarks 98

SpicyIP

NOVEMBER 18, 2024

The SOS Agreement included a licensing clause allowing the applicants to use the “UTRACON” trademark whose rights were held by the respondents. The Court noted the expiration of the license and the respondents’ registered trademark rights. Bibin John vs Lifestyle International Private Ltd.

Trademark 105

Trademark Cease and Desist Music Copyright 105

SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. The Hermès-Rothschild Dispute. Ltd vs Google India Pvt.

Trademark 129

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 129

IPilogue

AUGUST 18, 2022

It included both common law marks and marks registered within the meaning of the Canadian Trademark Act. Bill 96, however, stipulates that such exception can only be applied to registered trademarks, if no corresponding French version appears in the Canadian Trademark Database.

Trademark 105

Trademark Law Registering Trademarks Government 105

SpicyIP

DECEMBER 2, 2024

Samridhi Chugh and Manya Gupta write about this order, explaining how the Court appears to have convoluted the issues surrounding the interplay between trademarks, disparagement, and free speech, rather than clarifying them. It involved the plaintiff’s registered trademark, “SUPREME”. In this post by Kartikeya S.,

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Invention Trademark Reporting Editing 52

Biswajit Sarkar Copyright Blog

NOVEMBER 1, 2023

The commencement of the Spring/Summer Fashion Week 2024 has seen luxury brands display their designs on the ramp again. Apart from designer clothes, this year also saw the debut of new signature colours of two beloved luxury brands-Burberry and Gucci. Gucci currently has 29 registered trademarks in the EUIPO alone.

Trademark 98

Trademark Branding Branding Brands 98

IP Tech Blog

AUGUST 17, 2022

In particular, Tsingtao alleged that such use of its registered trademark created in the relevant users the impression that the small breweries’ beer and brand was somewhat related to Tsingtao Beer. 7) causing harm to other’s exclusive rights to use registered trademarks.”. 57 of the Trademark Law.

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Trademark Registering Trademarks Art Cease and Desist 104

The TTABlog

MARCH 8, 2022

The Board upheld a refusal to register the proposed mark MADE FOR YOU LAB-GROWN DIAMONDS , in standard character and design form, for 'diamonds; jewelry" [LAB-GROWN DIAMONDS disclaimed], finding that the phrase fails to function as a trademark. The Trade Mark [sic] Act is not an act to register words but to register trademarks.

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Trademark Registration Service Mark Design 94

Kashishipr

JUNE 1, 2022

For every business or brand owner at present, the design of a product has become a crucial concern, and why won’t it be, after all, “A thing of beauty is a joy forever.” ” The unique design of a product, such as that of Mini Cooper and Coca-Cola, forms brand identity. Infringement of Industrial Designs .

Design 45

Design Designs Registration Contracts 45

The IPKat

MAY 11, 2024

Why does the patent use a different name from the registered trademark? These denominations cannot be registered as trademarks - for example, under Article 7.1(m) You wouldn't know it from the recent press releases, but the patent specification indicates that the name of the variety is actually ‘Vintage Ruby’.

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Trademark Registering Trademarks Marketing Marketing 111

SpicyIP

DECEMBER 9, 2024

on 26 November, 2024 (Delhi High Court) The suit was filed seeking relief of permanent injunction restraining the defendants from infringing the trademark and copyright of the plaintiff, passing off their goods as that of the plaintiff. The plaintiff has the registered trademark of MARLBORO.

Trademark 58

Trademark Registering Trademarks Brands Branding 58

Garrigues Blog

JULY 27, 2021

This time, we will take a look at other equally important branches of IP that are covered by the report: trademarks, industrial designs and creative industry (publishing). Trademarks. WIPO’s report revealed that trademark applications continued to grow worldwide in 2019 – this time by 5.8%. Industrial designs.

Intellectual Property 52

Intellectual Property Design Designs Trademark 52

Kashishipr

AUGUST 25, 2021

Ferrari registered the trademark to protect the shape of its 250 GTO model back in 2008, despite only having manufactured the cars between 1962 and 1964. Ares Design, an Italian car manufacturer, filed a cancellation action against Ferrari’s mark by arguing that it had not been used for a continuous five-year period.

Editing 105

Editing Law IP Designs 105

Patently-O

DECEMBER 20, 2022

I think of these generally as “smart wallets” but I learned today that the company Storus has a registered trademark for that term. In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation. What should I call them now?

Art 124

Art Brands Branding Branding 124

Patent Trademark Blog

JULY 7, 2021

How will a design mark application be compared to a word mark registration? To register a trademark containing numbers and/or letters, a trademark application may typically be filed for the word mark (standard characters) or the design mark (e.g.,

Registration 40

Registration Designs Design Graphic Design 40

SpicyIP

SEPTEMBER 6, 2021

Delhi High Court entrance. A Bangalore District Court in P Kanthilal v.

Inventor 112

Inventor Designs Design Trademark 112

JD Supra Law

DECEMBER 2, 2021

Granting the defendant’s 12(b)(6) motion to dismiss, By: Ladas & Parry LLP

Designs 52

Designs Design Registering Trademarks Trademark 52

SpicyIP

MARCH 30, 2025

vs Arun Kumar Sharma on 25 March, 2025 (Delhi District Court) The case at hand involved Nike suing the defendants for manufacturing and selling counterfeit socks bearing its registered trademarks, including “Nike” and “Nike Air,” in Delhi. Nike Innovate C.V Vishal & Anr.

Personality Rights 58

Personality Rights Trademark Intellectual Property Copyright 58

IPilogue

OCTOBER 19, 2021

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? On September 28, 2021 , The Hershey Co.

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Cease and Desist Brands Branding Branding 105