Erik K Pelton

NOVEMBER 18, 2022

The following is an edited transcript of my video The Golden Ratio of Trademark Protection. We love sunflowers at Erik M Pelton & Associates as a symbol of growth and renewal, and tie that into trademark and brand protection. The golden ratio is also found in art, music, design and many other places.

Trademark 147

Trademark Branding Branding Brands 147

IP and Legal Filings

SEPTEMBER 20, 2023

Introduction An artist’s ideas, be it for a renowned painting, sculpture, novel, technological design, jewelryor fashion are his own. However, many a times, we witness these designs being copied or recreated. A copyright protection is the ability of a designer to protect his original designs through the copyright laws.

Designs 105

Designs Design Copyright Copyright Infringement 105

The IPKat

JANUARY 27, 2022

Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products.

Trademark 138

Trademark Registration Marketing Marketing 138

Plagiarism Today

AUGUST 11, 2021

Earlier this week, independent fashion designer Bailey Prado took to Instagram to call attention to a different fashion label that, according to her, copied her “whole life.” But, as popular as the app is, it has also been highly divisive with many fashion designers accusing it of selling inferior rip-offs of their work.

Plagiarism 264

Plagiarism Designs Design Copying 264

Erik K Pelton

NOVEMBER 27, 2023

The following is an edited transcript of our video The WIPO Madrid Protocol’s International Trademark Filing System Part 2. [ The following is an edited transcript of our video The WIPO Madrid Protocol’s International Trademark Filing System Part 2. [ For Part 1, see here. For Part 1, see here.

Trademark 130

Trademark Registration Designs Design 130

JD Supra Law

DECEMBER 11, 2023

The US Patent and Trademark Office (USPTO) has published a notice with supplemental guidance for its staff members examining design patent claims that include computer-generated images. By: AEON Law

Publishing 112

Publishing Designs Design Patent 112

JD Supra Law

JULY 2, 2024

Nike and Japanese fashion brand A Bathing Ape (BAPE) have settled a trademark infringement lawsuit over BAPE’s alleged on-again, off-again infringement of some of Nike’s most iconic sneaker designs. The settlement requires BAPE to discontinue some of its sneakers and redesign others. By: ArentFox Schiff

Trademark 118

Trademark Settlement Branding Branding 118

IP Watchdog

JANUARY 4, 2023

The United States Patent and Trademark Office (USPTO) stayed active over the holiday period with several big announcements, and today Director Kathi Vidal continued that trend by designating as precedential the December 21 decision in Apple v. Zipit Wireless.

Designs 117

Designs Design Business Government 117

Erik K Pelton

APRIL 25, 2022

The following is an edited transcript of my video Even Trademark Lawyers Make Branding Mistakes. Believe it or not, even trademark lawyers can make branding–or maybe even trademark mistakes–from time to time. Pelton & Associates with a new logo, a new design, a new look about 10 years ago.

Branding 147

Branding Branding Brands Trademark 147

Patently-O

FEBRUARY 3, 2023

The Trademark Examining Attorney had refused registration on “failure-to-function” — concluding that the phrase was a commonplace expression used to express a well-recognized sentiment. Unlike patents and copyrights, trademark law is not designed to reward the creative endeavor of invention or authorship.

Registration 128

Registration Trademark Social Media Music 128

SpicyIP

MARCH 27, 2023

Image from here On March 14, 2023, in Sirona Hygiene Private Limited Vs Amazon Seller Services Private Ltd , the Delhi High Court provided three interesting points on the issue of design infringement and piracy, in the context of an equally interesting fact scenario!

Designs 119

Designs Registration Design Art 119

JD Supra Law

DECEMBER 12, 2023

Last month, the United States Patent and Trademark Office published Supplemental Guidance for examination of design patent applications related to computer-generated electronic images.

Design Patent 115

Design Patent Designs Design Patent 115

IP Law 360

NOVEMBER 19, 2024

Patent and Trademark Office allow design patents on computer icons shown using new technologies like holograms and augmented reality, saying a rule limiting protection to images on display screens is outdated. Intellectual property law groups and Apple Inc. have recommended that the U.S.

Design Patent 98

Design Patent Designs Design Intellectual Property Law 98

Erik K Pelton

AUGUST 20, 2024

The following is an edited transcript of Chapter 8 of my book video Building a Bold Brand: The Trademark Registration Process: A Long and Winding Road The trademark application process at the United States Patent and Trademark Office (USPTO) is generally long, complex, and full of deadlines. Patience is a virtue.

Registration 130

Registration Trademark Branding Branding 130

JD Supra Law

OCTOBER 6, 2023

If you are in business and use a word, phrase, symbol, design, or any combination of these to identify your goods or services, you have a trademark and need to consider "What does trademark law protect against?". By: Whitcomb Selinsky, PC

Trademark Law 113

Trademark Law Trademark Law Designs 113

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

JD Supra Law

FEBRUARY 23, 2024

VIP Products, LLC decision, which altered the way the “Rogers test,” a doctrine designed to protect First Amendment interests in the trademark context, should be applied. We previously discussed the United States Supreme Court’s June 2023 Jack Daniel’s Properties, Inc. A recent decision out of the Ninth Circuit, Punchbowl, Inc.

Trademark 121

Trademark Designs Design Business 121

Biswajit Sarkar Copyright Blog

OCTOBER 4, 2023

With a great sense of pride, we announce that the Indian Navy has introduced a new design for a mask to be used in their course of action. This particular mask design falls under class 29-02 which covers devices and equipment against fire hazards, accidents and rescues. The design number is 360313-00.

Registration 98

Registration Designs Design Journalism 98

Erik K Pelton

APRIL 24, 2023

The following is an edited transcript of my video Color Trademarks Case Study: T-Mobile Magenta. Non-traditional trademarks are some of the most interesting and fun topics to discuss in the world of brand protection. Non-traditional trademarks include sounds, sense, motions, lighting, colors, and more. Colors can be protected.

Trademark 130

Trademark Registering Trademarks Branding Branding 130

Erik K Pelton

NOVEMBER 20, 2023

The following is an edited transcript of our video The WIPO Madrid Protocol’s International Trademark Filing System Part 1. The international trademark registration will be valid for 10 years, and can be renewed. The international trademark registration will be valid for 10 years, and can be renewed.

Trademark 130

Trademark Registration Intellectual Property Editing 130

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. Trademarks encompass a substantial portion of the deal’s value.

Branding 104

Branding Branding Brands Technology 104

Erik K Pelton

MARCH 26, 2024

A recent r eport from the United States Government Accountability Office detailed the need for better handling of the fraudulent trademark filings at the USPTO. Some key findings from the report: The USPTO has not conducted a comprehensive fraud risk assessment of the trademark register or designed a fraud risk strategy.

Reporting 130

Reporting Technology Trademark Registration 130

IP and Legal Filings

JULY 9, 2024

INTRODUCTION A trademark can be registered for the purpose of securing diverse graphic and non-graphic unique symbols and indicia to distinguish the products or services of a trader from that of others. This article discusses the domain of trademark registration, which is useful for businesses and individuals in order to protect their brand.

Trademark 98

Trademark Registration Branding Branding 98

IP and Legal Filings

JULY 11, 2024

INTRODUCTION In the United States as well as in India, application for a trademark may be rejected for several different reasons. GENERAL REFUSAL REASONS FOR A TRADEMARK Likelihood of Confusion: The first reason for refusal is that it is often considered that the use of the trademark will lead to confusion with similar trademarks.

Registration 105

Registration Trademark Copyright Intellectual Property 105

IP Close Up

DECEMBER 3, 2024

In recent years design patents have come to have a more vital role in the intellectual property landscape. Design patents protect the ornamental aspects of Continue reading

Design Patent 88

Design Patent Designs Design Intellectual Property 88

Likelihood of Confusion

FEBRUARY 4, 2024

Wired News reports: Transit officials in New York and San Francisco have launched a copyright crackdown on a website offering free downloadable subway maps designed to be viewed on the iPod. appeared first on LIKELIHOOD OF CONFUSION™.

Copyright 98

Copyright Trademark Reporting Designs 98

IP Watchdog

NOVEMBER 15, 2023

Patent and Trademark Office (USPTO) Director Kathi Vidal today designated as precedential a Patent Trial and Appeal Board (PTAB) decision from March of this year that held a precedential U.S.

Art 98

Art Designs Design Invention 98

SpicyIP

AUGUST 22, 2022

We are pleased to bring our readers a guest post by Abhijay Srekanth and Vivek Basanagoudar on interaction of trademarks with free speech. Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute. Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

SpicyIP

AUGUST 8, 2024

In an interesting turn of events, the plaintiff in a trademark infringement suit had to face the wrath of the Delhi High Court for submitting false evidence and got criminal proceedings instituted against them on the directions of the Court. By Rishabh Deshpande How does a trademark infringement case go from civil to criminal in nature?

Trademark 111

Trademark Marketing Marketing Advertising 111

SpicyIP

JULY 1, 2023

Image by rawpixel.com on Freepik The Office of Controller General of Patents, Designs and Trademarks released the results for the 2023 Patent and Trademark Agent examinations. Of 1496 candidates who appeared for the Trademark Agent Exam, 167 had earlier qualified for the viva voice.

Trademark 104

Trademark Patent Designs Design 104

IP and Legal Filings

SEPTEMBER 12, 2024

INTRODUCTION Section 29 [1] of the Trademark Act, 1999 , defines infringement as: “Trademarks infringement occurs if an unauthorized party makes use of a registered trademark in a way that is likely to lead to confusion about the origin of the product.” FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign

Branding 98

Branding Branding Brands Trademark 98

SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. Assistant Controller of Patents and Designs , N.V.

Trademark 126

Trademark Invention Patent Art 126

JD Supra Law

AUGUST 19, 2024

Nike recently filed suit in Federal Court in the Southern District of New York claiming trademark infringement and unfair competition by its former licensee, S2, Inc., owned by a popular shoe customizer named Dominic Ciambrone who is known as the “Shoe Surgeon”. By: Kohrman Jackson & Krantz LLP

Trademark 74

Trademark Designs Design 74

IP Watchdog

DECEMBER 8, 2024

In 2007, I began attending sessions of the World Intellectual Property Organizations (WIPOs) Standing Committee on Trademarks, Industrial Designs, and Geographical Indications (SCT) in Geneva, Switzerland, to discuss the development of the Design Law Treaty.

Designs 52

Designs Design Law Intellectual Property 52

Technology & Marketing Law Blog

APRIL 3, 2023

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. Jack Daniel’s contends this design infringes its trademarks and tarnishes its brand.

Blogging 116

Blogging Trademark Fair Use Trademark Law 116

IP and Legal Filings

OCTOBER 30, 2023

Barbie, a name synonymous with an unattainable standard of femininity and the concept of commercial feminism, was designed to captivate the toy market with all its glittery pink magnificence. Hence, it is no wonder that the battle for ownership of her trademark is also highly sought after.

Trademark 98

Trademark Branding Branding Brands 98

Biswajit Sarkar Copyright Blog

OCTOBER 25, 2023

In February 2022, Colt CZ Group SE (Colt) a Czech holding company filed an application to register a mark depicting an assault rifle as a European Union Trademark (EUTM) containing the word elements “CZ BERN 2”. As a result, the present Community design has no direct impact on the distinctiveness of the contested trademark application.

Trademark 97

Trademark Registration Designs Design 97