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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Trademark Branding Branding Brands 91

IP and Legal Filings

MAY 17, 2024

There are no separate legal provisions for these rights and they have been included under the existing Intellectual Property laws. Daler Mehendi, a known singer and the plaintiff in the present case, had a registered trademark over the letters “DM” and established a business called “D.M. Entertainment v.

Personality Rights 93

Personality Rights Intellectual Property Social Media Intellectual Property Law 93

LexBlog IP

MARCH 13, 2024

The Report looked at: i) current and future applications of non-fungible tokens (“NFTs”); ii) how intellectual property laws apply to NFTs and assets associated with NFTs; iii) intellectual property-related challenges arising from the use of NFTs; and iv) potential ways to use NFTs to secure and manage intellectual property rights.

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Reporting Non-Fungible Tokens IP Intellectual Property 52

IP and Legal Filings

AUGUST 11, 2023

This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] 4] Second, the qualification for registering a trademark, both traditional and non-traditional, essentially remains the same. Jacobson Prods.

Trademark 96

Trademark Registration Intellectual Property Intellectual Property Law 96

Kashishipr

APRIL 27, 2022

During the filing of the trademark application for a motion mark, the applicant should ensure that the movements occurring in the mark should be represented in sequence as presented for the product or brand in question. The Indian Trademark Law and Motion Marks.

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Registration Trademark Branding Branding 105

Intepat

OCTOBER 6, 2024

For example, if Person A presents their idea at a conference regarding a new method for clean energy generation, the patent application, when filed after, can be rejected as it shall not be considered new and would lack novelty.

Patent 52

Patent Invention Public Domain Intellectual Property 52

Kashishipr

MARCH 2, 2022

First and foremost, trademark owners must keep a watch on the offline and online markets at all times for any product or service using an identical or similar mark. Identical or similar trademarks are present across different classes of products and services.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

IP and Legal Filings

JUNE 12, 2023

A trademark typically consists of a word (like Cheerios), a stylised word or letter (like the iconic M logo for McDonald’s), a design (like Nestlé’s birds’ nest), or a phrase (like “Life tastes better with KFC”). References Intellectual Property Law | Color Trademarks: What Protection Can They Have?,

IP 94

IP Intellectual Property Trademark Design 94

Garrigues Blog

OCTOBER 25, 2021

As far as legal aspects are concerned, the Intellectual Property Law could be of help here. Article 10 states that “intellectual property shall comprise all original artistic creations expressed on any medium or in any format, tangible or intangible, known at present or that may be invented in the future”.

Non-Fungible Tokens 59

Non-Fungible Tokens Social Media Intellectual Property Intellectual Property Law 59

SpicyIP

JANUARY 20, 2024

Before I dish out details, it needs to be highlighted that while IP research and teaching might have been lacking before the 2000s, the “scholarly” spirit in this field has been present nonetheless as evident from several judgments, articles (though very limited), parliamentary discussions, and reports like the Justice N.

Government 90

Government IP Intellectual Property Reporting 90

SpicyIP

MARCH 8, 2023

She is intrigued by the field of Intellectual Property Law and wishes to explore the same.] This results in common claims of ‘disparagement’ in trademark law. However, in the present case there was no comparison between the services of the parties and thus, the claim for disparagement was dismissed.

Advertising 87

Advertising Advertising Trademark Intellectual Property Law 87

IP and Legal Filings

SEPTEMBER 3, 2021

Such strategies are not merely restricted to trademarking names, patenting products or copyrighting creative material. In fact, businesses have begun to extend the scope of Intellectual Property laws by protecting subsets of their products or services. This has introduced a new wave of non-conventional trademarks.

Trademark 52

Trademark Branding Branding Brands 52

IIPRD

JUNE 9, 2024

This historic ruling created a precedent for companies looking to protect their trademarks in the metaverse and sparked debate about whether Non-Fungible Tokens (NFT) are protected by intellectual property laws.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Trademark Design 59

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! The present post is devoted to this latter question.

Trademark 45

Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. Can you and should you copyright and/or trademark your unique asset before adding it to the blockchain as an NFT?

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

The IPKat

NOVEMBER 4, 2021

The book is then presented in four parts, which reflect the four key themes: reforming the fundamental aspects of IP; the impact of artificial intelligence on IP, particularly considering data; specific reforms of copyright and trade mark; and geographical names and indications.

Intellectual Property 141

Intellectual Property IP Ownership Law 141

Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name.

Trademark 52

Trademark Design Designs Marketing 52

LexBlog IP

APRIL 17, 2023

trademark law, allowing U.S. trademark protection to serve as a springboard for regulating foreign conduct that is unlikely to affect consumer perceptions in the United States and, thus, warrants review. trademarks and unfair competition laws.

Trademark 52

Trademark Intellectual Property Law Intellectual Property Law 52

IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] Notwithstanding the essence of this finding, this is too narrow an interpretation of the true spirit of trademark law. 18] Deere & Company v.

Registration 95

Registration Trademark Trademark Law Law 95

LexBlog IP

APRIL 12, 2023

Indeed, understanding and enforcing the rule of law is itself commonly about defining an undefined concept. Intellectual property law is all the more a refuge for wordsmiths , linguists , and logophiles , as three recent IP-related matters can help illustrate. The question presented in that case is “Whether the U.S.

Law 52

Law IP Intellectual Property Copyright 52

Intepat

MAY 16, 2023

For instance, famous Bollywood actor Shah Rukh Khan has registered his name “Shah Rukh Khan” and the initials “SRK” as a trademark to protect his publicity rights. Publicity Rights Under Indian IP Law In India, there is no direct statute that governs publicity rights in the intellectual property law regime.

Branding 98

Branding Branding Brands Personality Rights 98

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.

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Government Business Trademark Blogging 147

LexBlog IP

JUNE 21, 2023

§ 1052(c) on registering marks concerning a living person without permission; this case has the possibility of altering trademark law significantly and allowing current events to be treated similarly to historic events from a trademark perspective. Japanese Trademark Law, Article 4(1)(viii). ” Id. (at

Registration 52

Registration Trademark Law Trademark Law 52

Canadian Intellectual Property Blog

JUNE 22, 2022

As such, it is imperative businesses review their trademark portfolios and consider which trademarks ought to be filed for registration to ensure continued use in the Province of Québec. The Present Rules in Québec: Promotional Material - Packaging At present, a “recognized trademark” is exempt from translation requirements in Québec.

Trademark Law 52

Trademark Law Trademark Law Registering Trademarks 52

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. This seriously threatens the financial interests and intellectual property rights of enterprises.

Trademark 98

Trademark Social Media Advertising Advertising 98

The IPKat

FEBRUARY 6, 2022

Contreras Best Trade Mark Law Book The nominations were: International Trademark Licensing, edited by Stojan Arnerstål A User's Guide to Trade Marks and Passing Off, by Nicholas Caddick QC, Ben Longstaff, Jamie Muir Wood, and Charlotte Duly Research Handbook on Trademark Law Reform (eds.) Dinwoodie and Mark D.

Intellectual Property 145

Intellectual Property Editing Copyright Law Intellectual Property Law 145

IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.

Ownership 102

Ownership Intellectual Property Artwork Copyright Law 102

IP and Legal Filings

FEBRUARY 20, 2024

Despite the judiciary’s efforts to address the concerns under current intellectual property laws like copyright and trademark, the absence of relevant and specific provisions for the protection of personality rights has started to pose a serious threat. National Law School of India Review , 31 (1), 125–148.

Personality Rights 78

Personality Rights Privacy Social Media Copyright 78

LexBlog IP

FEBRUARY 1, 2023

” This appeal presents a conflict between Rogers’ right to protect her celebrated name and the right of others to express themselves freely in their own artistic work. In much the same way, a group of intellectual property law professors filed a forty-six-page brief calling for a new test. Rogers , 875 F.2d

Trademark 52

Trademark Intellectual Property Branding Branding 52

LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” .” If that be the case, and I think it is, then the subtitle implies the question this piece will address.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Technology & Marketing Law Blog

JUNE 21, 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 recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.

Trademark 105

Trademark Blogging Trademark Law Fair Use 105

43(B)log

FEBRUARY 3, 2023

Rierson, Trademark Law and the Creep of Legal Formalism Various rules w/in TM law have been codified that we seem to be treating more as formalistic labels or bright line rules when a more practical approach is preferable in TM context instead of leaning on labels. Secondary liability means there has to be primary liability.

False Advertising 45

False Advertising Trademark Advertising Advertising 45