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.

Designs 87

Designs Design Art Trademark Law 87

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. Diplomatic conferences are negotiating rounds where multilateral treaties are adopted or revised.

Designs 118

Designs Design Intellectual Property Licensing 118

IP Watchdog

AUGUST 4, 2021

Court of Appeals for the Third Circuit regarding the definition of “functionality” in trademark law. At issue in the appeal is a ruling from the U.S.

Trademark 116

Trademark Trademark Law Designs Design 116

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.

Trademark 105

Trademark Trademark Law Intellectual Property Registration 105

Kashishipr

DECEMBER 15, 2021

Trademarks indicate the origin of a product. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. A 3D shape cannot be registered as a trademark if the shape: Arises from the inherent nature of the object or goods; Provides a technical function; or.

Trademark 105

Trademark Intellectual Property Registration Designs 105

IP and Legal Filings

DECEMBER 3, 2024

New opportunities seemingly point to greater growth, but with it comes diffiernt challenges: how to protect such intellectual properties, especially trademarks. To secure a trademark in different legal jurisdictions is a time-, cost-, and process-draining exercise. Operational Mechanism of the Madrid Protocol 1.

Registration 81

Registration Trademark Intellectual Property Branding 81

IP Law 360

APRIL 6, 2022

New York federal judges who are overseeing Nike's suit against resale marketplace StockX and Hermes' case against a Los Angeles designer are on track to be the first to decide whether nonfungible tokens can infringe trademarks for physical goods.

Trademark Law 75

Trademark Law Trademark Law Design 75

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.

Trademark 105

Trademark Registration Branding Branding 105

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. Abhijay Srekanth is an LLM candidate at the Queen Mary University of London specialising in IP, and a recent graduate of Jindal Global Law School. The views expressed in the piece are personal.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

IPilogue

SEPTEMBER 17, 2021

This article was originally written as a requirement for Victoria Burke and John Begakis’ course on Fashion Law. Trademark Infringement / Anti-Dilution – Nike v Warren Lotas. Nike wasted no time and quickly filed a trademark infringement and anti-dilution lawsuit. Trademark Infringement – Nike v MSCHF.

Trademark 105

Trademark Branding Branding Brands 105

IPilogue

OCTOBER 21, 2022

Anita Gogia is a IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On May 25, 2021 the Japan Patent Office (JPO) granted Nobuaki Kurokawa a trademark for his apparel brand named “CUGGL” for class 25 (clothing and footwear).

Trademark 104

Trademark Branding Branding Brands 104

azrights

NOVEMBER 17, 2021

As trademarks give their owners a monopoly right to identify their products or services an important caveat about them is that they must be distinctive. For example, Pizza Express is trademarked. Hence Pizza Hut is also a registered trademark. That means the name would be incapable of functioning as a trademark.

Trademark Law 52

Trademark Law Trademark Law Branding 52

CoCal IP Law Institute

JUNE 28, 2024

Colorful Conflicts and Bold Boundaries: A Sampling of Trademark Law in 2024 The first half of the year has seen notable developments in trademark law. These [.]

Trademark Law 52

Trademark Law Trademark Law Registration 52

Kashishipr

MARCH 2, 2022

What happens after you get your mark registered as a trademark? Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Furthermore, it will also never enforce your trademark rights on your behalf.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

More Than Your Mark

AUGUST 20, 2021

At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. 3-D Printing and Copyrights, Patents, or Trademarks. Trademarks. Copyrights. Take care in such situations to avoid unintended problems.

Intellectual Property 98

Intellectual Property Designs Design Invention 98

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

SpicyIP

APRIL 4, 2022

Limited refused to grant an interim injunction in favour of the plaintiff in a case of trademark infringement concerning the plaintiff’s mark ‘Rooh Afza’ and the defendant’s mark ‘Dil Afza’. The plaintiff claimed that they have been using the mark for more than 100 years and had first registered their mark in 1942.

Trademark 119

Trademark Registration Trademark Law Branding 119

JD Supra Law

NOVEMBER 1, 2023

Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design? While offering a new design for sale without obtaining a patent often means the design is now in the public domain, copyright and trademark laws could mean otherwise.

Copying 65

Copying Design Designs Public Domain 65

IP and Legal Filings

DECEMBER 20, 2024

However, it provides both good challenges and opportunities under trademark law. The blog covers how trademarks evolve in the era of social media and influencer marketing, analyzing legal uncertainties, protection mechanisms, and best practices for commercial usage. It has also brought a lot of challenges.

Social Media 82

Social Media Trademark Branding Branding 82

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.,

Trademark 95

Trademark Trademark Law Law Advertising 95

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 91

Branding Branding Brands Trademark 91

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 96

Branding Branding Brands Technology 96

Intepat

DECEMBER 21, 2021

Is the Trademark Act applicable to QR Codes? As Trademark Law only protects elements that allow the public to easily identify the goods and services, such as names, logos, slogans, sounds, or colours, QR codes cannot be trademarked on their own. The post Can QR Codes Be Trademarked? Judicial Decision.

Trademark 98

Trademark Intellectual Property Registering Trademarks Branding 98

Technology & Marketing Law Blog

NOVEMBER 11, 2023

The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines, Car-Freshner has turned into a serial plaintiff, though this is my first time blogging them in-depth. I see potential legitimate trademark defenses for the design. This ruling highlights the legal risk.

Trademark 115

Trademark Contracts Blogging Fair Use 115

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.

Trademark 85

Trademark Registering Trademarks Trademark Law Branding 85

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. Aparajita Lath. Image from here. Application date.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

Kashishipr

AUGUST 25, 2021

A critical issue to be addressed is whether these limited-edition products can get protection under Intellectual Property (IP) law, just as regular products do, and if yes, then which is the most appropriate form of IP Protection ? Protection for Limited Edition Products under Trademark Law.

Editing 105

Editing Law IP Design 105

Velocity of Content

JULY 26, 2022

But trademarks are not mentioned in that foundational document. This blog has already discussed the differences between copyright and trademark– which are, unfortunately, too frequently confused as two alternative ways of protecting non-technical IP. See discussion at this blog for a longer discussion of the differences.)

Trademark 98

Trademark Government Copyright Service Mark 98

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) Trademarking Plants To recoup more profits beyond the term limits of PVRs, some breeders have harnessed trademark strategy to prolong their control over plant varieties.

Trademark 110

Trademark Registering Trademarks Marketing Marketing 110

Intepat

DECEMBER 6, 2022

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. There have been various landmark judgements which have not only highlighted cardinal principles of trademark law but have also given a nuanced understanding of how Courts interpret statutory trademark provisions.

Trademark 98

Trademark Trademark Law Registering Trademarks 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?

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

JD Supra Law

DECEMBER 28, 2023

By: Linda Liu & Partners

Trademark 75

Trademark Trademark Law Design Designs 75

IP and Legal Filings

DECEMBER 13, 2024

The Trade Marks Act, 1999 governs the use of trademarks in India. It concerns with the registration and protection of trademarks for products and services alike from being used deceptively, false marks. That, whether the respondent exploit the unfair advantage of the petitioner brands goodwill in the trademark application?

Trademark 72

Trademark Branding Branding Brands 72

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.

Design Patent 72

Design Patent Patent Infringement Design Designs 72

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.

Registration 85

Registration Trademark Reporting Government 85

Technology & Marketing Law Blog

MARCH 6, 2024

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.” I’m also left wondering about possibly divergent applications of copyright and trademark law to print-on-demand services.

Copyright 119

Copyright Trademark Law Publishing Copyright Infringement 119

Technology & Marketing Law Blog

MARCH 8, 2024

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money.

Trademark Law 111

Trademark Law Trademark IP Blogging 111