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By now, most IP practitioners are familiar with the U.S. The ruling addressed VIP’s defenses to trademark infringement and trademark dilution. The ruling addressed VIP’s defenses to trademark infringement and trademark dilution. Supreme Court’s ruling in June 2023 in Jack Daniel’s Properties, Inc.
AI and the Global IP System We need a worldwide intellectual property (IP) structure that encourages innovation and invention if we are to benefit from generative AI. The fast uptake of novel technologies such as generative AI necessitates an adaptation of the IP management systems. Impact of AI in different aspects 2.1.
This week my conversation is with Leo White, who is Chief IP Counsel and Associate General Counsel for The Duracell Company. During our conversation we begin by briefly talking about patent strategy, but then move quickly to brand protection, trademarks, trade dress and effectively working with customs agencies around the world.
New opportunities seemingly point to greater growth, but with it comes diffiernt challenges: how to protect such intellectual properties, especially trademarks. To secure a trademark in different legal jurisdictions is a time-, cost-, and process-draining exercise. Operational Mechanism of the Madrid Protocol 1.
Introduction Registration of a trademark is an important step toward building a brand on solid ground. Lack of distinctiveness to incorrect classification are among the common errors that can bring derailment upon your trademark registration.
The US Patent and Trademark Office has canceled Marvel and DC's trademark registrations related to the term superhero. The post The Death of the Superhero Trademark appeared first on Plagiarism Today. Here's what it means.
Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: 9th Cir. OAI) and its president Guy Ravine in a trademark infringement matter brought by OpenAI, Inc. By: Erise IP
trademark owners intellectual property, and threaten the safety of U.S. Patent and Trademark Office (USPTO), from enforcing any trademark that was stolen. In 2024, Americas legislators continued their effort to fight against the harmful impact of counterfeit products being sold to American consumers.
However, the IP history behind it is a sad but familiar tale of a creator missing out. The post The Bizarre IP History of Clue/Cluedo appeared first on Plagiarism Today. Clue/Cluedo is a timeless game that is nearly 75 years old.
Business owners should be aware of a new email scam circulating impersonating an intellectual property (IP) representative, containing false information, and offering trademark assistance. This nefarious email scam is sent by an operator impersonating a known Australia registered patent and/or trade mark attorney to garner legitimacy.
Are trademark rights in the Metaverse as intangible as the world itself, or are they as real as in the ‘real’ world? In other words, the Metaverse may be a virtual world, but European intellectual property regulation is very real, and the Metaverse cannot escape it.
Intellectual property (IP) is often misunderstood, leading to costly mistakes for businesses and individuals alike. Many assume that once they create something, they automatically own the rights everywhere, or that patents and trademarks offer blanket protection.
Pelton & Associates (EMP&A) is a boutique firm focusing on intellectual property 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.
What began as a (relatively) simple claim by Sky for trademark infringement of various SKY trademarks (the "SKY Marks") by SkyKick, ultimately resulted in four High Court judgments, a referral to the CJEU, a Court of Appeal ruling and ended in a significant Supreme Court decision.
In this episode of Trending Now - An IP Podcast, Rakesh Parikh, Aaron Fadden and Janet Cho provide their insights into some of the nuances of corporate transactions involving intellectual property.
After the brand is registered, the user then registers various intellectual properties including trademarks, copyrights and patents, The form does ask if the property is registered or not and, if it is, requires that the user provide the registration number and location.
The International Trademark Association (INTA) announced today that it has filed an amicus brief in a referral to the Grand Board of Appeal of the European Union Intellectual Property Office (EUIPO) that asks for clarification on registering human faces as trademarks.
Today, the World Intellectual Property Organization (WIPO) published its annual World Intellectual Property Indicators Report, providing a snapshot of IP filing activities across the globe during 2023.
From Turducken trademarks to creative cookbooks, we’re discussing the legal side of your favorite holiday dishes. This Thanksgiving, we’re diving into the world of intellectual property and recipes. Can chefs own their culinary creations? Can a recipe be copyrighted?
The post Blockchain’s Very Big (and Very Bad) IP Day appeared first on Plagiarism Today. Yesterday, two major rulings came out that impact Bitcoin and other blockchain-based technologies. Here's what happened.
Introduction Customs law and trademark law operate at a crucial interface when it comes to protecting intellectual property rights (IPRs) and against counterfeiting. The Trademarks Act, 1999, gives trademark protection to the identity of brands. Under Rule 2007 of IPR Rules, trademarks can be recorded with customs authorities.
Patent and Trademark Office’s (USPTO) updated subject matter eligibility guidance was October 16, and the Office received 24 total submissions. The deadline for comments on the U.S.
Every month, Erises trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: USPTO Trademark Filing Fees Set to Increase in January 2025. By: Erise IP Effective January 18, 2025, the U.S.
With the greater increase of various leagues such as the IPL in cricket, or the NBA in basketball, various teams are formed by various individuals to assert a title in trademarks and copyrights, amongst other forms of IP so that profit can be maximised. Trademark The Trademarks Act protects registered marks such as names, logos, etc.
A story came to this Kat's attention at the end of last year , which highlights that developing a good trademark strategy sometimes requires good awareness of plant variety names. The examiner found no conflicting trademarks, so the word mark application was allowed. This included both a word mark and a figurative mark.
Yesterday, we heard what our readers would like to see happen in their wildest IP dreams this year, but some wishes are more likely than others to come true. Patent and Trademark Office (USPTO) in the previous year, and more.
Nevertheless, the legalization of hemp also provided a path for cannabis companies to one of the most important branding tools in the United States: a federal trademark registration. Regardless of the basis, this development suggests that a previously reliable IP strategy may now be unsettled. percent on a dry weight basis.
The US Patent and Trademark Office (USPTO) and the Copyright Office have published the results of their joint study on non-fungible tokens (NFTs) and intellectual property (IP). The Report was created in response to a June 2022 request from Senators Patrick Leahy (D-VT) and Thom Tillis (R-N.C.) to undertake a study. By: AEON Law
Here is our recap of last week’s top IP developments including summaries of the posts on the DHC’s decision regarding consumer confusion in “Hush Products”, US antitrust case against numerous publishing houses, strategy to register trademarks in grayscale, and DHC’s decision on claim amendments.
Here is our recap of last week’s top IP developments including summary of the posts on the repudiations against personality rights, Govt. on 28 October, 2024 (Delhi High Court) The petitioner sought removal of “Plantpowered” trademark from the Trademark register, arguing it to be the same as its “Plant Powered” trademark.
Here is our recap of last weeks top IP developments including summary of the post on the analysis of Cigma Events Private Limited v. Deepak Gupta & Ors and enforcing criminal remedies against IP infringement in India. Enforcing Criminal Remedies Against IP Infringement in India: A Long Road to Justice? Deepak Gupta.
All of these bring a new dynamism with them and, inevitably, challenges–and opportunities–in the field of intellectual property, most particularly trademarks. A trademark would be the asset that holds together a brand identity for a business, ensuring that its goods or services remain differentiated from others in the marketplace.
Introduction Trademarks serve as identifiers of the source of goods or services, traditionally encompassing logos, names, and slogans. However, as markets grow increasingly innovative, non-traditional marks have emerged, referred to as unconventional trademarks. The concept of unconventional trademarks has a relatively short history.
Are we talking about real or theoretical trademark confusion? What makes one trademark too similar to another? When you are thinking of a new product name to apply for, how do you avoid choosing a mark that might get rejected for being confusable with other trademarks? Need to apply for a trademark that avoids confusion?
Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Third Time’s a Charm for OMG Girlz, with $71.5M Verdict - A jury in the U.S.
IP Osgoode and the Intellectual Property Institute of Canada (IPIC) are thrilled to announce the winners of the 2024 edition of Canada’s IP Writing Challenge. In the Law Student category, Pasha Kulinich won for his entry, “Shortcomings of the Trademarks Act in the Frontline against Counterfeit Goods”.
Recently, the Calcutta HC also notified its IPR Division Rules ( here ) and a new roster ( here ) that created specialised benches for IP matters. Readers can see our posts ( here , here and here ) for the Delhi HC IPD Rules.
In India, the protection of architectural designs falls under three main categories of the Indian IP regime, namely copyrights, designs and trademarks. This poses a serious challenge for architects to secure IP protections for their designs. Trademarking of a building s design is a significant step in branding and marketing.
Meanwhile, on November 25, 2024, Mahindra Electric filed a trademark application for BE 6e under Class 12 (vehicles), as part of its electric SUV portfolio. However, the mark has not yet been advertised in the Trademark Journal, meaning no one can oppose its registration as yet.
Here is our recap of last week’s top IP developments including summary of the posts on the lack of participation by academics in court proceedings, Patent Controller’s order on patent of addition, and Delhi High Court’s decision on latching and passing off. Whither Indian IP Academics’ Engagement with the Judiciary?:
Here is our recap of last week’s top IP developments including summary of the posts on the JioHotstar domain name dispute and DHC’s order on the Complan disparagement dispute. This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. Zahoor Hussain Bhat v.
by Dennis Crouch Mark your calendars for January 8-11, 2025, as the IP & Ski Conference returns to the slopes of Vail, Colorado. Jeanne Fromer of NYU will deliver the trademark review. (If Although I often stay at the Minturn hostel to save some money). If you have not encountered her, Prof. Fromer is amazing).
The following is an edited transcript of our video International Trademark Registration Basics Trademark rights are generally limited to the country in which they are registered, but there are international agreements that allow you to file a single application to obtain trademark protection in more than one country at once.
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