LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”).

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IP and Legal Filings

MARCH 5, 2024

Trademarks are becoming even more significant assets for companies trying to stand out in a competitive market due to the growth of online platforms and e-commerce. Trademark violation raises significant issues. Cybersquatting is another type of trademark infringement.

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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.

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IP and Legal Filings

JUNE 12, 2023

To do this, food firms invest a lot of money in developing and promoting distinctive brands and are increasingly turning to intellectual property (IP) protection as a means of establishing or maintaining their leadership in the industry. Intellectual property might be the solution.

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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.

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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. Trademark rights can be even more confusing to navigate in the world of NFTs. What is Intellectual Property?

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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. Weston (USA).

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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”.

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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. The post How Do People End Up Losing Their Trademark Rights?

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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.

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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.

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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.

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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.

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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.

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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.

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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. For more visit: [link].

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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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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. Anubaker CS (COMM) No.890/2018

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Kashishipr

MAY 11, 2022

When we talk about filing a Trademark Application for a color mark, the applicant needs to provide evidence demonstrating that the color or combination of colors is solely associated with him, and the general public associates the same with the products or services specified in the application. For more visit: [link].

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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?” The report notes on page 11 that “In 2003, research estimates put the [U.S.] ” (at page 9 and 13). ” Id.

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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.

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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. For more visit: [link].

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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.

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Law IP Intellectual Property Copyright 52

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.

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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

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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

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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. What is to be done?

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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.

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