The IPKat

DECEMBER 29, 2024

Book Review dreaming of a purr-fect new year full of IP Jocelyn Bosse reviewed the book Research Handbook on the History of Trademark Law , edited by Lionel Bently (University of Cambridge) and Robert G. Wrapping up another year filled with IP, here is what you might have missed from last week! Bone (University of Texas).

Editing 59

Editing Registration Trademark Law Art 59

Erik K Pelton

SEPTEMBER 17, 2024

The following is an edited transcript of Chapter 12 of my book video Building a Bold Brand: Using and Choosing Trademark Counsel I get asked all the time, “Can I file a trademark application by myself?” How do you keep abreast of developments in the field of trademark law? How many trademarks have you registered?

Trademark 130

Trademark Registering Trademarks Editing Trademark Law 130

SpicyIP

AUGUST 27, 2021

Following on from the success of last year’s inaugural edition of the Shamnad Basheer Essay Competition on IP Law, on May 14 th , 2021 we announced the 2 nd edition of the Shamnad Basheer Essay Competition on the occasion of Shamnad ‘s 45 th birth anniversary. A photograph of Prof. (Dr.) Shamnad Basheer.

Law 137

Law IP Editing Intellectual Property 137

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 3, 2022

News & World Report – Best Lawyers “Best Law Firms” 2023 edition. Patent Law . Technology Law . Copyright Law . Trademark Law . In addition, the firm was nationally ranked in seven practice areas, including: . Litigation – Intellectual Property . Litigation – Patent .

Intellectual Property 80

Intellectual Property Litigation Editing Law 80

Erik K Pelton

SEPTEMBER 16, 2022

The following is an edited transcript of my video Do I Need a Lawyer to File a Trademark Application? It is not technically required that you have a lawyer if you are domiciled in the United States when you’re filing a trademark application, but it is strongly recommended. We see that all the time when people come to us.

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Trademark Editing Trademark Law Law 147

JD Supra Law

OCTOBER 13, 2023

Does federal trademark law reach conduct outside of the United States? which prompted us to revisit a related issue we explored in the fall 2016 edition of The Katten Kattwalk. The Supreme Court addressed this question recently in Abitron Austria v. Hetronic International, Inc., By: Katten Muchin Rosenman LLP

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Trademark Editing Trademark Law Law 68

IPilogue

OCTOBER 18, 2022

For its part, WOTC claims that it retains common law interest in these marks, on the basis that it has continued to use the marks since at least 2012. Since then, WOTC has licensed the marks to another company which sells older editions of both D&D and the original Star Frontiers.

Trademark 101

Trademark Trademark Law Intellectual Property Law Publishing 101

JD Supra Law

SEPTEMBER 30, 2024

The first legal article I wrote after law school was published in the July/August 1996 edition of the SC Lawyer (it's so old I can’t even find it online).

Trademark 62

Trademark Editing Trademark Law Publishing 62

Fish & Richardson Trademark & Copyright Thoughts

AUGUST 19, 2021

Cynthia Johnson Walden , Lawyer of the Year: Trademark Law, Boston. Seth Sproul , Lawyer of the Year: Litigation – IP, San Diego. Benjamin Thompson. John Thornburgh. According to Best Lawyers , “Best Lawyers lists are compiled based on an exhaustive peer-review evaluation.

Editing 52

Editing Litigation Trademark Law Copyright Law 52

Erik K Pelton

OCTOBER 29, 2021

The following is an edited transcript of my video, What Is a Likelihood of Confusion. A phrase that comes up all the time in several different aspects of trademark work is likelihood of confusion. This is a legal standard, but it is at the same time highly subjective.

Trademark 147

Trademark Registering Trademarks Editing Trademark Law 147

The IPKat

NOVEMBER 4, 2021

This is a book review of The Future of Intellectual Property , edited by Daniel J. Underwood Chair in Law at Vanderbilt University Law School, US. In the introduction, Gervais explains that the approach to discussing IP law reform taken in this edited collection is considering both primary and secondary level reform.

Intellectual Property 141

Intellectual Property IP Ownership Law 141

Likelihood of Confusion

MAY 9, 2023

My former law partner and long-time spouse Jane Coleman does. She’s writing a chapter on secondary trademark infringement liability for the second edition of a. Remember the GEICO v. Google case? The post GEICO Isn’t Good News for Google appeared first on LIKELIHOOD OF CONFUSION™.

Editing 90

Editing Trademark Law Trademark Law 90

SpicyIP

DECEMBER 2, 2024

Book Release: Second Edition of “Imperfect Recollections: The Indian Supreme Court on Trade Mark Law” by Eashan Ghosh The second edition of Eashan Ghosh ’s 2020 book “Imperfect Recollections: The Indian Supreme Court on Trade Mark Law” is out now!

Invention 52

Invention Trademark Reporting Editing 52

Technology & Marketing Law Blog

DECEMBER 11, 2023

In the Vans case, the Vans sneaker company sued the Brooklyn art collective known as MSCHF (sound it out) after MSCHF sold a limited-edition shoe it called “ The Wavy Baby ” (depicted at right). Going forward, my advice to parodists who don’t want to be found to infringe trademarks: make sure your parody slaps everyone right in the face.

Blogging 130

Blogging Trademark Brands Branding 130

IPilogue

JULY 22, 2021

In trademark law, a trademark owner can invoke s. 22(1) of the Trade-marks Act to argue that such parody will be “likely to have the effect of depreciating the value of goodwill attaching thereto” , after having to establish that their trademark was “used as a trade-mark” pursuant to s.4 In fact, this is found in s.

Law 105

Law Copyright Law Trademark Copyright 105

Kashishipr

DECEMBER 15, 2021

Representation of the shape marks is shown below: Ferrari’s Trademark Loss. Ferrari’s 250 GTO was a limited edition car produced exclusively between 1962 and 1964. Morgan is believed to be the only car shape accepted by the Alicante, Spain-based registry as qualifying for legal protection under the EU Trademark Law.

Trademark 105

Trademark Intellectual Property Registration Designs 105

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 5, 2020

News & World Report – Best Lawyers ® “Best Law Firms” 2021 edition. Patent Law. Technology Law. Trademark Law. Copyright Law. Firms included in the 2021 Edition of U.S. Litigation – Patent. Appellate Practice.

Intellectual Property 40

Intellectual Property Litigation Law Editing 40

Erik K Pelton

MARCH 11, 2022

As a trademark law firm, we represent a wide array of clients but predominantly focus on helping small business owners protect their intellectual property. In recent years, trademark scams have proliferated and become increasingly problematic, particularly for small business owners. About Erik M. Pelton & Associates, PLLC.

Government 147

Government Business Trademark Blogging 147

The IP Law Blog

DECEMBER 15, 2023

Mariah Carey has widely been referred to by fans as the ‘Queen of Christmas,’ but when she attempted to trademark the title last year, it was met with pushback from another singer and songwriter who claimed to hold the same title. Scott Hervey and Tara Sattler discuss this dispute on this Holiday edition of The Briefing.

Editing 62

Editing Trademark Trademark Law Law 62

IP and Legal Filings

MAY 17, 2024

The development of Artificial Intelligence, from being able to create edited photos to now generating deepfake videos that cannot be distinguished from real videos, has created an imminent threat to intellectual property rights and personality rights specifically. It is a common tort law aspect and can be used for unregistered trademarks.

Personality Rights 97

Personality Rights Intellectual Property Social Media Intellectual Property Law 97

The IPKat

DECEMBER 23, 2023

As a plant intellectual property nerd , this Kat was delighted to get her hands on the new book Intellectual Property and the Design of Nature (Oxford University Press, 2023), edited by Jose Bellido and Brad Sherman.

Intellectual Property 75

Intellectual Property Designs Design Intellectual Property Law 75

Kluwer Copyright Blog

MARCH 1, 2023

In a twist, however, it is not copyright law, but rather an expansive view of trademark law, that poses this threat. Whether to evoke nostalgia or to immerse their readers, authors use trademarks both to simulate reality and to critique it. copyright law, under the doctrine of fair use. Constitution.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 52

The IPKat

OCTOBER 1, 2022

Moreover, if the original design from the archive itself is an original work under copyright law, the archival editions of the “Ciao, Kim” Dolce & Gabbana Spring/Summer 23 collection might be thought of as derivative works, already within the scope of the designers’ rights. As in the U.S., see this chapter.)

Copying 97

Copying IP Copyright Law Design 97

IP and Legal Filings

JUNE 26, 2023

However, the extent of protection and applicable principles of trademark law that surround the numeral trademark takes center stage in the discussion. Names like 7-eleven, 5 Star, 7Up, and 99acres resonate with consumers, widely reflecting the innovative use of number as brand identities.

Trademark 96

Trademark Fair Use Registration Brands 96

The IPKat

JULY 22, 2021

The ability to protect cultural works as trademarks disrupts these goals, by affording trademark owners more communication power than other speakers and preventing works from ever entering the public domain. At this stage, the picture for cultural follow-on innovation appears bleak. A court in a later case, Stouffer v. LEXIS 140947 (D.

Trademark 59

Trademark Public Domain Copyright Cease and Desist 59

Selvam & Selvam Blog

MAY 28, 2024

In the author’s personal opinion, Trademark law when implemented and enforced effectively can play a crucial role in the protection of personality rights of celebrities and to target the prevention of deepfakes and unauthorized use of an individual’s identity or likeness by third parties.

Personality Rights 52

Personality Rights Intellectual Property Technology Trademark 52

IP and Legal Filings

NOVEMBER 1, 2022

Trademark and other subjects of industrial property, such as patent, industrial design, utility solution, etc. Cambodian trademark law defines a “mark” as any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise. now can be filed and protected in the country.

Trademark 52

Trademark Service Mark Intellectual Property Registration 52

LexBlog IP

SEPTEMBER 13, 2023

2024 Changes to International Trademark Classifications by Melanie Lane Understanding WIPO’s 2024 Nice Classification Changes: Impact on the USPTO’s §6.1 of 37 CFR Part 6, aligning it with the 12th edition, version 2024, of the Nice Classification published by the World Intellectual Property Organization (WIPO).

Trademark 52

Trademark Intellectual Property Editing Registration 52

Garrigues Blog

OCTOBER 26, 2022

In view of the principle of specialty in trademark law, if a trademark is registered in class 25 (textiles), for example, there is some doubt as to whether or not the protection conferred extends to “digital” textiles. The EUIPO’s guidelines as from 2023.

Non-Fungible Tokens 52

Non-Fungible Tokens Trademark Intellectual Property Art 52

Intepat

JUNE 25, 2024

However, as the contemporary industry and commerce progressed, consumers began associating trademarks with the quality of products and services. For example, Tic Tac partnered with Coca-Cola to create limited edition mints that have the invigorating flavor of Coca-Cola.

Licensing 52

Licensing Trademark Brands Branding 52

SpicyIP

MARCH 25, 2024

Sunanda Bharti on the Michelin Stars and its interaction was trademark laws. Bharti is a Professor of Law at Delhi University, and her previous posts can be accessed here. Image from here Mischief, Manifestation, and the Michelin Trademark!

Trademark 45

Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

Corsearch

NOVEMBER 15, 2022

As an example, Roblox hosted a Gucci Garden experience where users could interact with the brand and even purchase limited-edition Gucci digital items that avatars can wear in Roblox[3]. Brands and IP owners are closely watching the development of StockX and MetaBirkins lawsuits that may lay the foundation of IP law in the metaverse.

Branding 52

Branding Brands Branding Non-Fungible Tokens 52

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. The uses comprised eighty-seven seconds of the 2001 Documentary (3.7%), edited into seventy-five seconds—“a selection of stunts and two short interview segments.”

Fair Use 52

Fair Use Trademark Copyright Editing 52

LexBlog IP

AUGUST 30, 2023

1) He made this request on grounds including trademark law and unfair competition law. The Civil Code applies: where article 65 leaves gaps; and where it would not be incompatible with the legislative spirit of Law 2121/1993. (5) This article was originally edited by, and first published on, www.lexology.com.

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

LexBlog IP

JULY 21, 2021

Second , it has been argued that the court merely espoused the settled principles of trademark law that ‘common’ names and phrases cannot be monopolized. ” Jarrod Welsh, Copyrighting God: New Copyright Guidelines Do Not Protect Divine Beings, 17 Rutgers Journal Of Law & Religion 121 (2015). ” Id.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

The IPKat

FEBRUARY 6, 2022

Best Patent Law Book The nominations were: EPC.App and PCT.App (Self-editable EPC and PCT reference books) Patent Subject Matter Eligibility: A Global Guide, (eds) Paul W Browning, Christopher C Johns and Sara A Leiman The Genome Defense: Inside the Epic Legal Battle to Determine Who Owns Your DNA, by Jorge L. Dinwoodie and Mark D.

Intellectual Property 145

Intellectual Property Editing Copyright Law Intellectual Property Law 145

LexBlog IP

FEBRUARY 1, 2023

at 35 ) For them, “asking courts to assess whether a purported infringer’s use of a trademark is artistically relevant’ arguably requires courts to serve as art critics, considering a work’s artistic merit or probing its hidden meaning—which is a role courts are ill-suited to perform.” ” ( at 36 ).

Trademark 52

Trademark Intellectual Property Brands Branding 52