IP and Legal Filings

NOVEMBER 12, 2024

One of the most effective ways to protect your brand and all that it owns, including distinctive features, is through the registration of a trademark. Trademark law grants legal protection of your business name, logo, or slogan against other individuals using the same with regard to protection over intellectual property.

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JD Supra Law

AUGUST 28, 2024

Formally known as prohibited marks, official marks are a distinctive feature of Canadian trademark law, providing government entities with an exclusive and powerful tool to protect their marks, symbols and emblems. Private enterprises cannot obtain or use official marks without the consent of their owners.

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Intepat

FEBRUARY 3, 2025

Introduction Trademark law is mainly governed by two key principles: “first to file” and “first to use.” ” While countries like China focus on the “first to file” rule, India gives more importance to those who first use a trademark in the market. trademark law.

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43(B)log

MARCH 19, 2025

As a result, religious independence and mother-tongue/linguistic independence are highly valued in these countries, and are the context by which the morality of trademarks within the borders of these countries are assessed. Each sought to create a space where their cultural and religious identities were represented fairly.

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Patently-O

JUNE 29, 2022

A case like this begins with the territorial doctrine of trademark law: Under the territoriality doctrine, a trademark is recognized as having a separate existence in each sovereign territory in which it is registered or legally recognized as a mark. law that trademark rights in the US require that the mark be used in the US.

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IP Watchdog

DECEMBER 26, 2023

This year has seen a bonanza of significant trademark decisions, including several high- profile decisions from the Supreme Court. trademark law, yet in most cases returned to basic principles of trademark law to resolve the open issues.

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Likelihood of Confusion

JULY 12, 2022

I kvetch a lot about the mania for dubious “IP enforcement” by government agencies such as New York’s Metropolitan Transit Authority, which really should both know better and which have. The post Sealed with a fist appeared first on LIKELIHOOD OF CONFUSION™.

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Copyright Lately

OCTOBER 20, 2024

He dismissed American’s claims for breach of user agreement, conditions of carriage (the rules governing air travel), and tortious interference with contract, ruling they were barred by the statute of limitations. Here, the jury sided with the airline, awarding $4.7 million in actual damages and an additional $4.7

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IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. The Indonesian government has examined the existence of blockchain technology cautiously, leaning more toward acceptance of the new technology than outright prohibition. MOCI Regulation No.

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LexBlog IP

APRIL 27, 2023

We are just a few months into 2023, but we are already seeing a number of proposed changes to Chinese Trademark Law. Overall Theme and Key Takeaway It should be noted that this will be the 5 th round of major amendments to the China Trademark Law since it was first adopted in 1982.

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43(B)log

FEBRUARY 24, 2022

Mikos, Unauthorized and Unwise: The Lawful Use Requirement in Trademark Law, 75 Vanderbilt Law Review 161 (2022) Abstract: For decades, the United States Patent and Trademark Office (“PTO”) has required trademark owners to comply with sundry nontrademark laws governing the sale of their trademarked goods and services.

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IP and Legal Filings

JANUARY 27, 2025

New Categories of IP Protection: Perhaps the development of specific rules governing IPRs of AI-generated content can help to shed light on ownership and cases of infringement. Enhanced Enforcement Mechanisms: Just like any other digital content, licensing requirements can be monitored using progressive technologies, including blockchain.

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The TTABlog

MARCH 7, 2022

Mikos takes the USPTO to task in his recent Vanderbilt Law Review article, "Unauthorized and Unwise: The Lawful Use Requirement in Trademark Law" (pdf here ). He charges that "[i]n demanding compliance with sundry nontrademark laws, the PTO has lost sight of the statute it is supposed to administer."

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43(B)log

JUNE 24, 2022

That’s different from the relationship b/t the category functional and the category distinctive, which is governed at least in part by §2(e)(5), which says that notwithstanding distinctiveness, it’s not protectable if it’s functional.

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IP Watchdog

MARCH 20, 2023

Elsewhere, the Hudson Institute is holding an event one day before the Supreme Court hears oral arguments in a case that could have big implications for trademark law. In the House, the Committee on Foreign Affairs will hear from Secretary of State Antony Blinken on competition with China.

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Trademark Law IP Trademark Law 52

Olartemoure Blog

FEBRUARY 28, 2023

As we humans push the boundaries of exploration and commerce in outer space, it’s important to understand the laws and regulations that govern the use of trademarks in this new frontier. This infographic will provide a quick overview of the current state of trademark protection in outer space.

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Trademark Intellectual Property Government Trademark Law 98

LexBlog IP

MARCH 24, 2023

require the Court to consider exactly how far trademark law can go in regulating conduct in the face of competing public policy interests. This test is applied in cases involving artistic works in lieu of the traditional likelihood of confusion test that governs trademark infringement claims. Both Abitron Austria GmbH et.

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Intepat

APRIL 25, 2025

This case highlights the complexities of trademark law in the NFT ecosystem, where artistic freedom often clashes with brand protection. The outcome underscores the importance of trademark enforcement in safeguarding brand reputation, particularly in an era where digital assets are increasingly intertwined with physical products.

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The IPKat

SEPTEMBER 15, 2022

Kat friend Iana Kazeeva provides an enlightening discussion on steps taken by the Russian government and courts with respect to IP following the invasion of Ukraine. Article 1360 enumerates situations in which the Russian government can allow use of an invention, utility model, or industrial design without the patent owner’s authorization.

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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. federal government did so (see 15 U.S. Patent and Trademark Office).

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Canadian Intellectual Property Blog

JUNE 22, 2022

In approximately three years or less, the Québec Government’s newly adopted Bill 96 , An Act respecting French, the official and common language of Québec will go into force. Bill 96 will have a significant impact on the use of English trademarks in the Province of Québec.

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SpicyIP

SEPTEMBER 28, 2023

We are pleased to bring to you a guest post by Naman Keswani on the concept of naked licensing within trademarks law. Naman is a fourth-year student at the Hidayatullah National Law University, Raipur who has a keen interest in Intellectual Property Law, especially Trademark Law. Coca Cola Co.

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Kashishipr

AUGUST 4, 2021

The presence of cryptocurrency is constantly growing, and therefore, it needs the law to transform along with it to address its administration and execution. Several courts have had trouble in applying substantive Trademark Law to this field of technology. Can Cryptocurrencies be Protected under the Trademark Law?

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IP and Legal Filings

JANUARY 11, 2024

In the contemporary environment of branding and intellectual property, the legal structure governing smell trademarks varies among jurisdictions, bringing opportunities as well as challenges. The objective of these requirements is to guarantee the legitimacy of graphical representations of smell trademarks.

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Trademark Intellectual Property Brands Branding 105

JIPL Online

APRIL 7, 2021

million,” showing that despite government agency efforts, the prevalence of counterfeit merchandise that infringes on sports team trademarks remains a constant problem. ii) Policy rationales behind trademark law and their application in the sprots apparel context. In Scandia Down Corp. Euroquilt, Inc. ,

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IP Watchdog

JULY 26, 2021

trademark law this Tuesday. . Elsewhere, the American Enterprise Institute focuses on developments in the private commercial space sector, while the USPTO celebrates 75 years of the Lanham Act’s codification of U.S.

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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. There are no specific mid-term maintenance filings needed for the trademark as a rule.

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SpicyIP

FEBRUARY 9, 2025

In Trademark law, it is important to determine if the mark is being used to offer goods and services similar to the ones for which it is registered. It is the only provision which governs infringement through trade name. Macrotech Developers similarly, he argues, has filed the suit to protect their brand.

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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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Blogging Trademark Fair Use Trademark Law 116

TorrentFreak

JULY 17, 2024

That the loudest voices continue to import mountains of Chinese-manufactured goods, including items that in some cases violate copyright and trademark laws, serves to illustrate why differences on IP enforcement are likely to continue. Other conundrums, including IP rights owned by U.S.

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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).

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Trademark Brands Branding Branding 52

SpicyIP

SEPTEMBER 18, 2023

Governance and Supervision of Trademark and Patent Agents: Discussing DHC’s Saurav Chaudhary vs. Union Of India Image from here The Delhi High Court recently questioned the Controller’s office regarding mechanisms for the governance of patent and trademark agents.

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Technology & Marketing Law Blog

SEPTEMBER 23, 2021

That’s why, for example, Section 230 preempts state criminal prosecutions (except for the recent FOSTA exception ) but preserves federal criminal prosecutions–that approach ensures that Internet services have only a single body of criminal law to worry about. See, e.g., Ripple v.

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Erik K Pelton

DECEMBER 20, 2022

Unfortunately, 2022 was yet another year in which trademark scams have continued to proliferate, and new scams were uncovered that dupe trademark filers in various ways. Erik Pelton® has been making trademarks bloom since 1999 ® as the founder of Erik M. Past issues of Top Trademark Trends: 2021: [link]. 2020: [link].

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IIPRD

JANUARY 7, 2025

To promote legal clarity, it seems most reasonable to implement particular legal requirements that govern the ownership of independently (autonomously) developed AI designs. AI AND TRADEMARK Trademarks give brand owners exclusive rights by identifying the source of goods or services.

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IP and Legal Filings

MARCH 5, 2024

Using trademarks in domain names, linking, framing, meta-tagging, and framing are a few methods that could lead to trademark challenges. Cybersquatting is another type of trademark infringement. A fundamental tenet of trademark law is to avoid consumers being confused about the origin or source of products or services.

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TorrentFreak

JUNE 26, 2024

The platform has weathered many storms since then and, along with owner Bytedance, is currently hoping to overturn what it believes is an unconstitutional ban at the hands of the United States government. We honor valid removal requests based on infringements of copyright law and trademark law.”

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