Guarantee of Confusion: When AI Scrapes the News
The Illusion of More
FEBRUARY 13, 2025
That title riffs on the term of art in trademark law known as likelihood of confusion.
Designs Reference Trademark Law 
The Madrid Protocol: Streamlining International Trademark Registration
IP and Legal Filings
DECEMBER 3, 2024
With the filing of a single application, referred to as International Registration, administrative inconvenience is avoided when companies want to secure trademarks in any of the countries that participate. The trademark is protected when no objection is raised within a stipulated period (normally 12-18 months).
Registration 
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The Design of Hipster
IP and Legal Filings
MAY 18, 2023
Introduction The Plaintiff asserted that its hipster whiskey bottle design, which was inspired by the shape of a smartphone and intended to fit into a hip pocket, was novel due to its rectangular shape, smooth rounded shoulders, V-shaped neck, rimmed rounded cap, and dimpled bottom.
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WIPO General Assembly moves to diplomatic conferences on designs and traditional knowledge associated with genetic resources
The IPKat
JULY 22, 2022
On 21 July 2022, Member States of the World Intellectual Property Organization (WIPO) approved the convening of diplomatic conferences on designs and genetic resources, no later than 2024. This is referred to as a proposed new ‘patent disclosure requirement’. plants, animals, and microorganisms), and knowledge systems.
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Protection of Color Trademarks under the Indian Trademark Law
Kashishipr
MAY 11, 2022
A trademark refers to a recognizable expression, design, or sign uniquely identifying the products or services of a specific source and differentiating them from those of others. A trademark may be located on the packaging, voucher, label, or the product itself. Judgment of Indian Courts on Color Marks.
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Impact of AI on Global IP Systems
IIPRD
JANUARY 7, 2025
A human inventor serves as the central figure in the design of the patent system. The main rationale behind patent law is to reward and encourage the creative actions of creators. The selection and evaluation of the previous art are aided further by the appropriately designated relevant art.
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Bridging Borders: How Customs Laws Shape Trademark Protection in India
IP and Legal Filings
JANUARY 8, 2025
Introduction Customs law and trademark law operate at a crucial interface when it comes to protecting intellectual property rights (IPRs) and against counterfeiting. The Trademarks Act, 1999, gives trademark protection to the identity of brands.
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The Interplay between Religious Sensitiveness and Trademark Law in India
IP and Legal Filings
FEBRUARY 2, 2024
As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited. Determining the degree of similarity requires considering the label as a whole.
Copy-Paste Perfumes? The Legal Battle Over Fragrance Dupes
Intepat
MARCH 25, 2025
These products are essentially replicas of luxury or designer fragrances, crafted to mimic the scent profile of high-end perfumes at a fraction of the cost. Counterfeit perfumes are unauthorized imitations that not only replicate the scent of a branded perfume but also copy its packaging, bottle design, and branding.
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Distinctiveness in Trademark Law
azrights
NOVEMBER 17, 2021
On the other hand, if you sell bags and umbrellas and want to use the brand name Fresh then that’s a distinctive word that you can register with or without the descriptor Umbrellas or bags because competitors supplying umbrellas and bags do not legitimately need to use the word Fresh to refer to bags and umbrellas.
Logos Remain Relevant: Source Confusion and Design Patent Infringement
Patently-O
SEPTEMBER 17, 2023
This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.
Seeking Clarity on Comparison Prior Art: Seirus Petitions Supreme Court in Heat Wave Design Patent Dispute
Patently-O
APRIL 20, 2024
by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. Columbia’s design patent claims an “ornamental design of a heat reflective material” as shown in the figures. Federal Circuit’s 2023 Decision. Patent D657,093. Swisa, Inc. ,
Print-on-Demand Service Defeats Fish Illustrator’s Copyright Claim–Tomelleri v. Sunfrog
Technology & Marketing Law Blog
MARCH 6, 2024
Causation, as used in the traditional sense, refers to the connection between the tort and the plaintiff’s harm. Judge Morris correctly concluded that “Rule 8 requires more”—Plaintiff did not, for example, allege that Defendants “design[ed], manufacture[d] or even select[ed] the products on their website.”
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Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute
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.
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Unconventional Trademarks: Balancing Innovation and Legal Challenges in a Competitive Landscape
Intepat
DECEMBER 4, 2024
Introduction Trademarks serve as identifiers of the source of goods or services, traditionally encompassing logos, names, and slogans. However, as markets grow increasingly innovative, non-traditional marks have emerged, referred to as unconventional trademarks. For example, the specific shade of Tiffany & Co.’s
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American Airlines’ Copyright Victory Is a Flight To Nowhere
Copyright Lately
OCTOBER 20, 2024
While logos can be protected under both copyright and trademark law, it’s rare to see a plaintiff succeed on a copyright claim while failing to establish trademark infringement. Now, the site simply references “American” to identify the airline’s flights. million in disgorged profits.
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Trademarking Sounds
IPilogue
AUGUST 9, 2021
A sound can be registered as a trademark if it fulfills the function of a trademark, namely, indicating the origin of the goods and services. Even if it is a well-accepted practice in trademark law, the inherent characteristics of a sound differentiate them from word or design marks.
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Landmark Trademark Battles: Shaping Brand Protection Globally and in India
IP and Legal Filings
SEPTEMBER 12, 2024
FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign Samsung : This was a case, from 2011 to 2018, where Apple took the word against Samsung, claiming infringement of its smartphone design and utility patents. 2] Adidas vs. The lawsuit raised an understanding of the value of enduring trademarks and the perils of “knock-off” designs.
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Beyond The Ordinary: The Rise in Use of Non-Conventional Trademarks in Pharmaceuticals Industry
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). When combined with sound, the state trademarks are referred to as multimedia marks.
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TM Scholars' Roundable: Session 1: The Relevance of Ornamentality in Trademark Law: Acquisition of Rights
43(B)log
JUNE 24, 2022
Other IP rights: utility patent creates presumption of functionality; wonders about whether presence of non-TM IP protection for ornamental features—design patent, ©--might create a presumption of mere ornamentality w/o further evidence of source signification. Every figurative TM will be protected by ©/design, built into the system.
IP as a political instrument in Russia
The IPKat
SEPTEMBER 15, 2022
One of the first enacted changes concerned the rules for calculation of the compensation paid to the patent owner in the event that an invention, utility model, or industrial design is being used without the patent owner’s authorization. These rules were introduced in the 2021 amendment to Article 1360 of the Civil Code.
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How Do People End Up Losing Their Trademark Rights?
Kashishipr
MARCH 2, 2022
Therefore, any action that dilutes the essence and meaning of a registered trademark can lead to its cancellation. Keeping a regular watch on the market for unauthorized use and reproduction of similar or identical marks goes a long way towards safeguarding trademark rights. Let us understand the term better with a few examples.
Trademark Dilution: Understanding, Forms, And Legal Implications Under The Trademarks Act Of 1999
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?
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The First Amendment Limits Trademark Rights, But How?–Jack Daniel’s v. Bad Spaniels (Guest Blog Post)
Technology & Marketing Law Blog
APRIL 3, 2023
Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and was one of the signatories of the First Amendment Professors amicus brief filed in Jack Daniel’s Properties, Inc. by guest blogger Lisa P. Ramsey [Lisa P.
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Supreme Court Rules “That Dog Don’t Hunt”: Bad Spaniels Toy’s Use of JACK DANIELS Marks is a Poor Parody and Dilution Act Applies
Intellectual Property Law Blog
JUNE 16, 2023
On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 1125(c)(3)(A).
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Roof Afza v. Dil Afza: Finding Meaning in Trademark Protection
SpicyIP
APRIL 4, 2022
They claimed that in March 2020, the defendant launched a syrup/sharbat ‘Dil Afza’ with a mark, get-up and design deceptively similar to that of the plaintiff’s. Previously, Hamdard had also filed a suit against Karan Johar for making objectionable references to ‘Rooh Afza’ in one of his movies.
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Can Common Terms Be Trademarked?
Kashishipr
SEPTEMBER 8, 2021
A trademark is typically a sign, logo, symbol, word, phrase, design, or combination of them, which identifies the product or service of a particular brand. To sell the product, using the brand name makes it a trademark. ’ Common or generic terms are usually not protected under trademark law.
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Balancing Justice And Order: Interplay Of Section 47, 57, And 124 Of The Trademarks Act, 1999.
IP and Legal Filings
MARCH 11, 2025
Within this framework Sections 47, 57, and 124 of the Trademarks Act, 1999 have an essential role to play as they together form a triad giving a guideline for coming up with laws effective in different circumstances to cancel, rectify or subject to procedure trademarks. Diesels Ltd., 2018) 2 SCC 112. first appeared on IPLF.
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SPIN Trademark Has Peloton Wrapped Around the Axel
The IP Law Blog
MARCH 5, 2021
Put in common parlance, if the general public primarily understands the word to designate the product rather than the producer , the word is generic. There is a two-part test used to determine whether a designation is generic: (1) What is the class of goods or services at issue? This is commonly referred to as Genericide.
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Trademarks vs. Generic Terms: Can Generic Terms be Trademarked?
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. Imagine a place where a tea stall named “Chai Chai Chronicles” warmly invites you to enjoy a cup of tea.
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New Procedural Developments in the Field Of Industrial Law in Spain
IP Tech Blog
FEBRUARY 28, 2022
The Spanish government has approved a draft bill to reform the three main industrial property laws: the Trademark Law, the Industrial Design Law and the Patent Law. Trademark Law. Industrial Design Law.
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Trademark: What’s In it for You?
Velocity of Content
JULY 26, 2022
In contrast, trademarks in the United States —in some instances referred to as service marks or trade names—are created by use by a person “in commerce”; technically, no government approval is required.
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Trademark Dispute between FEVIKWIK AND KWIKHEAL
IP and Legal Filings
DECEMBER 13, 2024
As such a proprietary right is granted by way of registration of a trademark, whereby the owner of the mark or other parties granted a license to use the brand has the exclusive right to use it for the purpose of making money. It was highlighted that the Registrar of Trademarks that KWIK is acommonelement. [8] Vardhman Properties Ltd.,
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Bombay High Court Rules that Copyright Registration of a Label is not Compulsory
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. Concluding Remarks.
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Who Owns a Disputed Social Media Account? – JLM v. Gutman
Technology & Marketing Law Blog
AUGUST 5, 2022
The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. She also pointed to anecdotal references by JLM employees to the accounts as Ms. Gutman’s “personal accounts,” but the court says these stray references are hardly determinative. Social Media and Trademark Law” Talk Notes.
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IP Management in Food Industries
IP and Legal Filings
JUNE 12, 2023
A trademark typically consists of a word (like Cheerios), a stylised word or letter (like the iconic M logo for McDonald’s), a design (like Nestlé’s birds’ nest), or a phrase (like “Life tastes better with KFC”). References Intellectual Property Law | Color Trademarks: What Protection Can They Have?,
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Third Circuit Says Section 230 Doesn’t Apply to Publicity Rights Claims–Hepp v. Facebook
Technology & Marketing Law Blog
SEPTEMBER 23, 2021
ccBill held that “intellectual property” meant only “federal intellectual property” because otherwise this exception would expose Internet services to heterogeneous state laws that they couldn’t manage. In 2007, the Ninth Circuit in Perfect 10 v.
Trademark Registration Process in the US and The India: Key Differences
IP and Legal Filings
JULY 11, 2024
Step IV: Substantive Examination The second phase of the process where a trademark examiner considers the mark in light of all legal standards and most importantly, the distinctiveness of the mark and non-violation of the trademark laws.
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Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman
Technology & Marketing Law Blog
JANUARY 24, 2024
This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. The court explains: They describe steps in the process of fashion design and capture much (if not all) of the creative output that Gutman might produce in her role as a designer.
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Trademark Protection for Board Games
LexBlog IP
OCTOBER 3, 2023
This article considers a sub-category of trademark law that allows for some interesting board game protection. Trade Dress is an often-overlooked facet of Intellectual Property law that holds significant value for board game inventors and can offer a unique layer of protection for your board game. What is Trade Dress Protection?
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Can A Single Colour Mark Acquire Registration In India?
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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Could ‘COVIDIOT’ be a trade mark in the EU?
The IPKat
JUNE 12, 2022
During the COVID-19 pandemic, readers would likely imagine that there has been an amount of trade mark applications that take advantage of the term ‘COVID’ or insulting references thereto (for an overview of such applications in the USA, see here ).
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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.
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The Blue Turf of Boise State: On “Service” Dress and the Creation of Source Identification
LexBlog IP
NOVEMBER 7, 2023
trademark law for distinctive visual element(s) to become a trademark, i.e., an identifier of source for a particular party’s goods or services. trademark, No. trademark, No. As we’ve written about in prior posts , it’s possible under U.S.
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