Technology & Marketing Law Blog

FEBRUARY 16, 2022

Edible Arrangements objected to Google selling its trademark to trigger keyword ads. They filed a trademark lawsuit in 2018 but abandoned the suit when it got sent to arbitration. The court says that trademark law: permits the use of trade names as long as referencing other brand names does not confuse consumers and is not deceptive.

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IP Advertising Advertising Trademark Law 141

IP Watchdog

AUGUST 17, 2021

When an influencer is paid to promote a brand – and the brand’s name is trademark-infringing – can the influencer be on the hook for the infringement? The result could widely expand trademark litigation against influencers – and could reshape how companies and their influencers relate to one another contractually.

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Trademark Litigation Branding Brands 131

IP Watchdog

DECEMBER 6, 2024

This week in Other Barks and Bites: the Government Accountability Office published its report on third-party funding for patent litigation showing mixed responses to proposed disclosure requirements; the Second Circuit affirms a lower ruling that copyright ownership claims to George Clinton sound recordings are time-barred; the U.S.

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Litigation Reporting Ownership Government 52

IP Watchdog

FEBRUARY 20, 2024

While none of these cases induced large numbers of amici to ask the Court to grant cert, they do represent several current issues in IP law that remain unaddressed.

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Trademark IP Intellectual Property Patent 115

Technology & Marketing Law Blog

JULY 26, 2022

I’ve often wondered about the conversations that take place between trademark owner and counsel before filing a keyword advertising lawsuit. You can have a court declare your trademarks weak or invalid so they are less valuable than when you started. ” The additional cost of LVSA’s litigation choices?

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Trademark Advertising Advertising Litigation 119

Technology & Marketing Law Blog

JUNE 8, 2024

In an April 2023 summary judgment ruling , the plaintiff established that it “possesses the legally protectable, incontestable trademarks TEXAS TAMALE and TEXAS TAMALE COMPANY.” The court said that the trademark owner had been using the trademark since 1985 and registered the trademark in 2006. ” Uh oh.

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Patently-O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]

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Litigation Reporting Settlement Government 126

Patent Trademark Blog

MARCH 28, 2023

Trademark reexamination: A new way of attacking registrations Back in the old days, you had to file a TTAB cancellation in order to cancel a trademark registration for lack of use. A cancellation proceeding is like a mini-lawsuit where the challenger and the registration owner engage in an adversarial case much like litigation.

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Trademark Registration Litigation Blogging 98

Kashishipr

APRIL 13, 2022

With the Metaverse and Non-Fungible Tokens (NFTs) being the common buzzwords as of late, the USPTO (US Patent & Trademark Office) has been experiencing a significant rise in the number of Trademark Applications filed in the virtual sphere to safeguard the products and services. IP Challenges in the Metaverse.

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Intellectual Property IP Non-Fungible Tokens Branding 116

IP Watchdog

OCTOBER 12, 2023

A trademark lawsuit filed by popular grocery store chain, Trader Joe’s, against a cryptocurrency platform called “Trader Joe”—which the complaint alleges is a deliberate reference to the supermarket—has come to light this week.

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Trademark Litigation Intellectual Property IP 124

SpicyIP

JANUARY 2, 2022

Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact).

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IP Intellectual Property Copyright Trademark 143

IP Watchdog

AUGUST 23, 2021

The decision is related to two decades of litigation. Patsy's Brand, Inc., As court documents have described, the case has been protracted, highly contentious, and, at times, even scandalous.

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Litigation Branding Brands Branding 137

SpicyIP

AUGUST 23, 2024

She is incredibly passionate towards IP laws and its workings. As reported ( here , here , here and here ) these scammers through fake email ids, whatsapp numbers, etc are contacting people, impersonating these law firms and are coercing them to pay money for supposedly infringing IP rights of these firms/ their purported clients.

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IP Intellectual Property Patent Troll Litigation 105

IP Watchdog

NOVEMBER 29, 2023

Several attorneys associated with patent monetization firm IP Edge are being referred to their state disciplinary bars, the Texas Supreme Court's Unauthorized Practice of Law Committee, the U.S. district court without disclosing the interests of IP Edge, which stood to gain 90% of the gross recovery from the asserted patents.

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IP Litigation Patent Trademark 98

IP Watchdog

NOVEMBER 18, 2024

This case will undoubtedly impact the ability of third parties to use a brand’s trademark in artistic endeavors or the ability of brands to restrict the use of their trademarks by third parties, or both. District Court for the Southern District of New York.

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Trademark Branding Brands Branding 64

Erik K Pelton

NOVEMBER 12, 2023

Pelton & Associates (EMP&A) is a boutique firm focusing on trademark protection for businesses and brands, including trademark and copyright applications, trademark disputes, matters with the Trademark Trial and Appeal Board, trademark clearance searches, and other matters.

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Law Intellectual Property Intellectual Property Law Trademark 162

IP Watchdog

MARCH 10, 2025

IPWatchdog has learned that Farheena Rasheed has been asked by the United States Patent and Trademark Office (USPTO) to serve as one of the Acting Vice Chief Administrative Patent Judges (APJs) at the Patent Trial and Appeal Board (PTAB). Rasheed will immediately move to the PTAB.

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Intellectual Property Law Intellectual Property Litigation Trademark 69

IP Watchdog

JANUARY 18, 2023

Engagement in proactive IP litigation by global companies is the bedrock of trademark enforcement, and Adidas is no stranger to this strategy. a Zegna subsidiary, for trademark infringement of its ‘three-stripes logo’ was foiled. a Zegna subsidiary, for trademark infringement of its ‘three-stripes logo’ was foiled.

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Intellectual Property Settlement Litigation Trademark 122

SpicyIP

JUNE 19, 2022

If the subject-matter IP is valued below 3 lakhs rupees, the Court will examine whether the valuation is correct or not. IP disputes fall under the realm of commercial disputes. And the district courts are the courts of first instance for IP disputes as per the IP legislations. paragraphs 62, 63). paragraphs 1-3).

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IP and Legal Filings

OCTOBER 26, 2023

Introduction Trademarks are an important division of Intellectual Property Rights (IPR) as it considerably contributes in identification and promotion of a product. A well- known trademark helps the consumers in spotting the difference between similar products by educating them about the product which results in informed choices.

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Cease and Desist Trademark Registering Trademarks Business 105

IP Watchdog

DECEMBER 16, 2021

The past year has seen the implementation of brand-new trademark legislation, significant analysis of trademark liability for new technologies, renewed focus on the doctrine of initial interest confusion, the transformation of Nikes into “Satan Shoes,” the functionality of chocolate dipped cookies, and the end to a long-running case involving two multi-million (..)

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Trademark Branding Brands Branding 124

IP Watchdog

JANUARY 6, 2025

In Brazil, slogans are eligible for trademark registration, but their acceptance has historically been limited by strict requirements for distinctiveness and functionality. Slogans play a crucial role in branding, serving as memorable and important expressions of a companys identity.

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Trademark Branding Brands Branding 52

SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. Satheesh Madhav and Anr. Grupo Petrotemex v.

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IP Watchdog

JANUARY 17, 2022

Patent and Trademark Office’s (USPTO’s) Trademark Trial and Appeal Board (TTAB) issued a precedential decision finding dilution by blurring and sustaining two oppositions filed by Spotify AB against two marijuana-related trademark applications. On January 11, the U.S. Applicant U.S. Software Inc.

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Trademark Designs Design Patent 128

IP Watchdog

MARCH 11, 2025

Pepperdine University, in an emergency motion filed one week before the shows release, asked the court to block the release due to trademark violations occurring within the series. The court denied the motion, and the series is now the number one TV show on Netflix as of this writing.

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Trademark Litigation IP 52

IP Watchdog

APRIL 10, 2023

Just days after a complaint was filed against restaurant chain Sweetgreen by Chipotle Mexican Grill for trademark infringement, dilution, and deceptive business practices, Sweetgreen has changed the name of its offending product in order to reach possible settlement.

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Cease and Desist Trademark Registering Trademarks Settlement 126

IP and Legal Filings

FEBRUARY 20, 2023

Thus, there is an unmistakable similarity between domain names and trademarks, which is why domain names have been granted trademark recognition and protection. Reliance is also a registered trademark, and as such, it is protected from trademark infringement.

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Trademark Registering Trademarks Registration Trademark Law 98

SpicyIP

JANUARY 20, 2024

While the question made sense ever since I read the post, it started making more sense (and bothering me more) after working on the SpicyIP Open IP Syllabus where I witnessed a relative “over-accessibility” of US-European IPR scholarship. I began to wonder – are there actually fewer IP scholars in India (or the Global South in general)?

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Government IP Intellectual Property Reporting 112

Erik K Pelton

JUNE 10, 2023

Last week, Erik provided comments to the USPTO’s Trademark Public Advisory Committee regarding proposed changes (increases) to many trademark fees. Pelton & Associates, PLLC Regarding “Trademark Public Advisory Committee Public Hearing on the Proposed Trademark Fee Schedule” The following are comments provided by Erik M.

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IP Watchdog

SEPTEMBER 11, 2023

Court of Appeals for the Third Circuit issued a precedential decision on trademark functionality doctrine in PIM Brands Inc. On September 7, the U.S. Haribo of America Inc.

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Trademark Registering Trademarks Branding Brands 132

SpicyIP

MARCH 20, 2023

Part I of this two-part guest post by Bharat Harne explored the implications of a complicated security perfection regime and non-mandatory registration of copyright on IP financing. Subbaraya Setty & Anr , a Supreme Court decision from 2018, that made some important observations on the use of trademarks as collateral.

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IP Intellectual Property Trademark Registration 111

Olartemoure Blog

JUNE 25, 2024

Olarte Partner Alexander Agudelo Partner Monica Guevara Partner | Patents Director ip litigation ranked leading ranked individuals Juan G. Felipe Acosta Partner | Litigation & ADR Director Nathalia Nieto Litigation & ADR Coordinator trademark prosecution ranked leading ranked individuals Juan G.

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IP Watchdog

SEPTEMBER 13, 2024

an AI software company, has sued Google, LLC for trademark infringement, alleging that the rebranding of Google’s AI chatbot from BARD to GEMINI represents a “calculated decision to bulldoze over Gemini Data’s exclusive rights without hesitation.” Patent and Trademark Office (USPTO). Patent and Trademark Office (USPTO).

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Trademark Branding Brands Branding 115

IP Watchdog

MARCH 4, 2025

These denials included yet another Section 101 case seeking clarity on the courts two-step eligibility test and a suit seeking vacatur of a stipulated settlement for trademark infringement involving a fraudulently procured mark. Supreme Court denied petitions for writ of certiorari in several appeals involving intellectual property claims.

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Trademark Intellectual Property Settlement Patent 52

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. Below is a selection of a few of those significant cases from the previous year.

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Trademark Trademark Law Law Government 119

IP Watchdog

MAY 18, 2022

Swiftly thereafter, Nike sued StockX in the United States District Court for the Southern District of New York (SDNY), alleging that StockX’s use of Nike’s famous marks in connection with its NFTs constitutes trademark infringement. Nike, Inc. StockX LLC, 1:22-cv-00983-VEC.

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SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. A special thanks to Mr. G. Nataraj, Ms.

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IP Copyright Trademark Intellectual Property 124