IP Tech Blog

APRIL 17, 2023

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. The draft Article 18 Trademark Law correctly removes the distinction between registered and unregistered well-known marks. For example, the actual art.

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JIPEL Copyright Blog

DECEMBER 15, 2021

Trademark litigation in the fashion world is not a novel concept. For decades, Adidas has been engaging in a long list of trademark infringement cases in the US and across the world. Brands like Tide, Sharpie, and Nintendo sell at a premium because customers trust that they’re getting high quality products.

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Erik K Pelton

SEPTEMBER 17, 2024

By attempting to register a trademark without counsel, a business may create more problems than it began with, may incur more expenses than it would have by hiring a professional from the start, and may increase its risk of litigation. How do you keep abreast of developments in the field of trademark law?

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Intellectual Property Brief

APRIL 26, 2021

The increasing number of dog-related trademark claims raises an interesting question of brand collaboration. In the face of senseless litigation, brands should consider working with.

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Copyright Lately

OCTOBER 20, 2024

While logos can be protected under both copyright and trademark law, it’s rare to see a plaintiff succeed on a copyright claim while failing to establish trademark infringement. A good example comes from a case I litigated years ago on behalf of Costco. Here, the jury sided with the airline, awarding $4.7

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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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SpicyIP

FEBRUARY 22, 2023

What happens when an IP firm is sued for infringing IP rights of other law firms? This post highlights some of these instances of law firms getting into disputes over their own IP primarily in the Indian context. The controversy was regarding the use of a similar logo by the defendant (another lawyer) for its law firm.

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IP Watchdog

JUNE 13, 2023

Today, the International Trademark Association (INTA) published an amicus brief filed with the Court of Justice of the European Union (CJEU) in a case that should have major implications for the effects of Brexit on EU trademark law.

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Technology & Marketing Law Blog

MARCH 8, 2024

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money.

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IPilogue

OCTOBER 18, 2022

Cynthia Zhang is an IP Intensive Student and a 3L JD Candidate at Osgoode Hall Law School. This is an interesting example of how intellectual property law can be utilized to smother the proliferation of harmful views. The context surrounding the litigation shows that protecting business interests is not trademark law’s sole function.

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Canadian Intellectual Property Blog

JUNE 22, 2022

A recognized trademark includes a registered trademark, an applied-for trademark with a pending application, or a common law trademark. However, if the equivalent French trademark is a registered trademark, then the French trademark must be used on the signage. As such, an unregistered (i.e.,

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JD Supra Law

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose. By: Weintraub Tobin

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Kashishipr

MARCH 2, 2022

Therefore, we can say that failing to safeguard your registered trademark adequately would lead you at risk of forfeiting your exclusive rights. You may see your trademark rights getting diluted and possibly canceled through litigation. The post How Do People End Up Losing Their Trademark Rights? For more visit: [link].

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IP and Legal Filings

MARCH 11, 2025

Within this framework Sections 47, 57, and 124 of the Trademarks Act, 1999 have an essential role to play as they together form a triad giving a guideline for coming up with laws effective in different circumstances to cancel, rectify or subject to procedure trademarks. Diesels Ltd. ,

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Technology & Marketing Law Blog

OCTOBER 5, 2023

The court could have cited two recent Supreme Court cases (Jack Daniels and Abitron) for the proposition that trademark law only applies when parties are using a trademark as a mark , i.e., to identify and distinguish the source of marketplace goods. ” Trademark law does not restrict that usage.

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Patently-O

JULY 19, 2023

have long been a mix of state common law rights and federal statutory rights. Trademarks and trade secrets followed a different path – developing under state common law before later later gaining federal protections; with trade secrets moving federal most recently via the Defend Trade Secrets Act (DTSA) of 2016.

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Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 5, 2020

Fish & Richardson is pleased to announce that the firm has been named a “Law Firm of the Year” for Litigation – Intellectual Property in U.S. News & World Report – Best Lawyers ® “Best Law Firms” 2021 edition. Litigation – Patent. Patent Law. Technology Law. Trademark Law.

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IP and Legal Filings

FEBRUARY 20, 2023

However, the same process does not include any examination or verification to determine whether the domain name is distinctive or capable of distinguishing itself from the competition, i.e., existing domain names that are clearly in violation of trademark law.

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IP Tech Blog

FEBRUARY 28, 2022

The Spanish government has approved a draft bill to reform the three main industrial property laws: the Trademark Law, the Industrial Design Law and the Patent Law. Trademark Law. Industrial Design Law. Patent Law. For further information, please contact the author.

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IP Watchdog

AUGUST 4, 2021

Court of Appeals for the Third Circuit regarding the definition of “functionality” in trademark law. Lotte International America Corp. At issue in the appeal is a ruling from the U.S.

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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. The expense of litigation may chill speech. by guest blogger Lisa P.

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IP Watchdog

JANUARY 14, 2022

The International Trademark Association (INTA) has made an amicus submission before the EU Court of Justice (CJEU) in a case concerning parallel imports and EU trademark law. In the case at hand, Harman, which makes audiovisual equipment, brought trademark infringement proceedings in Poland against AB, a distributor.

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The IP Law Blog

JULY 14, 2021

In this week’s episode of The Briefing by The IP Law Blog , attorneys Scott Hervey and Josh Escovedo discuss the trademark litigation between Nike and a custom shoe maker, MSCHF (pronounced “Mischief”). In Nike Inc. v MSCHF Product Studio, Inc., Watch the episode on YouTube at this link.

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Patent Trademark Blog

APRIL 28, 2022

Except for a few limited circumstances, the first user is the rightful trademark owner in the US. A common law trademark refers to the rights belonging to the first person or company to use a particular mark on selling goods or services in a limited geographical area. US trademark law is different.

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Technology & Marketing Law Blog

FEBRUARY 27, 2022

With that, it’s fair to say that many of the key questions in this area of law are still undecided. Knowing well that litigation in the Northern District of Texas is not in its best interests, TPG filed a declaratory judgment in Delaware hoping to take advantage of the first-to-file rule. Trademark infringement 6. Trespass 5.

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IPilogue

SEPTEMBER 17, 2021

Alexandria Lewis & Ian Rothweiler are JD Candidates at Southwestern Law School. This article was originally written as a requirement for Victoria Burke and John Begakis’ course on Fashion Law. Trademark Infringement / Anti-Dilution – Nike v Warren Lotas. Photo from Nike.

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The IP Law Blog

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose.

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Selvam & Selvam Blog

FEBRUARY 28, 2025

This case highlights the intersection of trademark law and e-commerce regulation, raising questions about the accountability of online marketplaces in protecting brand integrity. The Court deemed these claims speculative and unsubstantiated, underscoring the need for tangible, concrete evidence of losses in trademark disputes.

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Likelihood of Confusion

AUGUST 10, 2024

The post More oozes out from the Kinderstart litigation appeared first on LIKELIHOOD OF CONFUSION™. Republished by Blog Post PromoterEric Goldman has the transcript from the oral argument we reported on last month. He’s still betting on Google.

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Likelihood of Confusion

AUGUST 5, 2021

The post More fantasy sports litigation appeared first on LIKELIHOOD OF CONFUSION™. We wrote in the past about the bogus “right of publicity” issue and the unsuccessful attempt by major league sports to claim ownership in statistics and grab a piece of.

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JD Supra Law

SEPTEMBER 21, 2023

Last fall, the maker of BLUE GOO pain relief products filed a trademark infringement lawsuit over a competitor’s GREEN GOO pain relief salve.[1] 1] Trademark litigation can be long and costly. By: Dunlap Bennett & Ludwig PLLC

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Technology & Marketing Law Blog

AUGUST 5, 2022

Compared to most social media ownership disputes, this case has featured extensive litigation, including an appeal, revised injunction, a contempt motion, and now, a motion to modify the scope of the preliminary injunction. The dispute is interesting in many ways–especially the fact that it’s been this heavily litigated.

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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. How are Trademarks Used?

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LexBlog IP

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” ” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose.

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Trademark Law Branding Brands 52

Traverse Legal Blog

JULY 14, 2022

If the infringer does not comply, this cease and desist letter now becomes evidence in your trademark infringement litigation. If a cease and desist letter does not clear up the matter, then it may be time to litigate. Have you experienced instances of confusion between your trademark and the mark of your potential infringer?

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IP and Legal Filings

OCTOBER 26, 2023

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. The trademark owners enjoy monopoly and exclusive proprietary rights of their trademarks through the law of trademark protection.

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LexBlog IP

FEBRUARY 28, 2022

The Spanish government has approved a draft bill to reform the three main industrial property laws: the Trademark Law, the Industrial Design Law and the Patent Law. Trademark Law. Industrial Design Law. Patent Law.

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