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.

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Erik K Pelton

MAY 9, 2022

The following is an edited transcript of my video Sounds, Colors, Scents, and Other Nontraditional Trademarks. Non-traditional trademarks are those things that indicate the source of a brand, but are not brand names, logos, or slogans. Buildings can be registered as trademarks. That’s a registered trademark.

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IP and Legal Filings

DECEMBER 16, 2024

The fashion industry sector extends beyond simple trademarks, such as logos or brand names, but rather includes characteristics, including colour palettes, product forms, or even the structure of physical store spaces. WHAT IS TRADE DRESS?

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43(B)log

APRIL 2, 2025

Is selling stolen goods trademark infringement? They claim trademark rights in Zoom Blowers, Pogo inflatables, and PartyTentsDirect.com. Defendants sold the plaintiffs products, which bear[ ] the [p]laintiffs names and trademarks[,] including Tentandtable.com, Zoom Blowers, Pogo Bounce House[,] and Partytentsdirect.com.

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IP Watchdog

NOVEMBER 12, 2024

Are trademark rights in the Metaverse as intangible as the world itself, or are they as real as in the ‘real’ world? In other words, the Metaverse may be a virtual world, but European intellectual property regulation is very real, and the Metaverse cannot escape it.

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IIPRD

JANUARY 7, 2025

A human inventor serves as the central figure in the design of the patent system. The selection and evaluation of the previous art are aided further by the appropriately designated relevant art. DESIGNS Artificial Intelligence is also capable of creating designs on its own, akin to the inventions made.

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JD Supra Law

NOVEMBER 8, 2024

Small business owners should consider securing a federal trademark registration as a means of safeguarding their business identity and distinguishing themselves from competitors. By: Amundsen Davis LLC

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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. Under Rule 2007 of IPR Rules, trademarks can be recorded with customs authorities.

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Erik K Pelton

JUNE 22, 2022

A lot of design and planning goes into the drafting and filing of a trademark application at the USPTO, each application has a unique blueprint. The post Each trademark application has a unique blueprint appeared first on Erik M Pelton & Associates, PLLC.

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IP Watchdog

NOVEMBER 15, 2023

Patent and Trademark Office (USPTO) today announced that a final rule will be published tomorrow, November 16, in the Federal Register implementing a design patent practitioner bar. A request for comments (RFC) was also published in October 22.

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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.

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IP Watchdog

NOVEMBER 17, 2024

Design Patent #D1,050,634 from the U.S. Patent and Trademark Office (USPTO). Design Application #29888619, titled “Rope Throw Dog Toy” on September 18, 2024, and the patent was issued on November 5, 2024. On November 5, 2024, I received an official copy of U.S. I received a Notice of Allowance for my U.S.

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Likelihood of Confusion

DECEMBER 21, 2024

They tried to use trademark rights as a way to protect the design of their toy and avoid competition. But that is not what trademarks are, much less what they are for. Originally posted 2014-02-26 09:43:40. Republished by Blog Post PromoterWe reported on Lego’s overreaching years ago here and here.

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Nelligan Law

JANUARY 9, 2025

From a trademark agents perspective, this is like watching someone try to recreate the Mona Lisa with finger paintsclumsy, misguided, and an insult to the original. Trademark law exists to prevent exactly this kind of chaos. The post Walmarts $80 Birkin Bag: Discount Luxury or Designer Comedy Gold? Theyre smarter than that.

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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.

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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. The concept of unconventional trademarks has a relatively short history.

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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.

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Selvam & Selvam Blog

DECEMBER 6, 2024

For IndiGo, the 6E callsign has been an integral element of the official designator and a brand identifier for the past 18 years. Meanwhile, on November 25, 2024, Mahindra Electric filed a trademark application for BE 6e under Class 12 (vehicles), as part of its electric SUV portfolio.

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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.

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Indiana Intellectual Property Law

NOVEMBER 29, 2024

Hiker Industries, LLC (“Hiker”) has filed a lawsuit against Hyk Outdoors LLC (“Hyk”), alleging trademark infringement and unfair competition under both federal and state laws. The complaint focuses on the use of marks by Hyk that Hiker claims are confusingly similar to its own registered trademarks.

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Biswajit Sarkar Copyright Blog

JANUARY 29, 2025

While acknowledging the strong reputation and goodwill of the Thatchers brand, the court determined that the differences in the two products packaging such as distinct brand names and design elements were enough to eliminate any real risk of consumer confusion.

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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.

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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.

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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!

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Indiana Intellectual Property Law

FEBRUARY 3, 2025

The original complaint brought forth by Banjo, still pending, was for trademark infringement with Green Leaf’s use of the color yellow on their liquid handling valves. Now Green Leaf is suing Banjo for the use of domain names and trademarks. 2,642,074 , 6,901,382 and 2,642,068.

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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

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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.

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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.

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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

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SpicyIP

NOVEMBER 11, 2024

SpicyIP Tidbit: Delhi High Court Directs to Auction “Fortis” Trademark in the Daiichi-Ranbaxy Dispute Image from here DHC allows auctioning of “Fortis” TM to realize the decreed amount in the Daiichi-Ranbaxy dispute. for using deceptively similar trademarks, “HOSPIGRIP” and “HOSPICUFF,” on medical devices.

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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.

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IIPRD

MARCH 13, 2025

With so many IPs available trademarks, patents, copyrights, and more – how can you choose the right one for your work, product, or business? All the creations of the human minds such as designs, inventions, artistic works, names, symbols, etc. Trademarks are governed by the Trade Marks Act, 1999 in India.

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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 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

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IP and Legal Filings

FEBRUARY 24, 2025

INTRODUCTION For a long time, logos, names, and jingles have been the mainstays of trademark law. A recent trend in branding, however, is the use of non-traditional trademarks such as haptic markings. In 2003, the firm’s trademark in Germany was protected due to its distinctive design. are two examples.

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SpicyIP

NOVEMBER 3, 2024

vs Deepak Arora, Trading As Ms Heena on 21 October, 2024 (Delhi High Court) The petitioner sought cancellation of the trademark “MAX HEAVEN” registered in the name of respondent, claiming it was deceptively similar to its own “BLUE HEAVEN” trademark. Case Summaries Gurnam Singh, Trading As M/S G.C.

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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.

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