IP and Legal Filings

DECEMBER 3, 2024

National Examination- In sending it to the country of designation for trademark examination, the trademark office in that country will rely on its laws in reviewing the said application. The trademark is protected when no objection is raised within a stipulated period (normally 12-18 months).

Registration 97

Registration Trademark Intellectual Property Brands 97

The IP Law Blog

DECEMBER 2, 2022

Vogue Magazine is suing 21 Savage and Drake after they created mock Vogue Magazines to market their new album. Scott Hervey and Josh Escovedo discuss the dispute on this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here. Watch this episode here:

Blogging 98

Blogging Marketing Marketing IP 98

JIPL Online

APRIL 7, 2021

v] Thus, the market for counterfeit sports apparel in the United States is quite large. ii) Policy rationales behind trademark law and their application in the sprots apparel context. the court summarized the modern purpose behind trademark protection in that they “help consumers to select goods. [ix] Euroquilt, Inc. ,

Marketing 98

Marketing Marketing Licensing Trademark Law 98

Intepat

FEBRUARY 3, 2025

Introduction Trademark law is mainly governed by two key principles: “first to file” and “first to use.” ” While countries like China focus on the “first to file” rule, India gives more importance to those who first use a trademark in the market. trademark law.

Brands 59

Brands Branding Branding Trademark 59

JD Supra Law

SEPTEMBER 1, 2023

Thank you for reading the August 2023 issue of Sterne Kessler's MarkIt to Market® newsletter.

Marketing 76

Marketing Marketing Trademark Law Licensing 76

Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Since the costume doesn’t have a mask or any accessories, from a copyright standpoint, it’s likely not breaking any laws. Trademark and Halloween Costumes.

Trademark 279

Trademark Copyright Cease and Desist Copying 279

Kashishipr

AUGUST 25, 2021

A critical issue to be addressed is whether these limited-edition products can get protection under Intellectual Property (IP) law, just as regular products do, and if yes, then which is the most appropriate form of IP Protection ? Protection for Limited Edition Products under Trademark Law. For more visit: [link].

Editing 105

Editing Law IP Design 105

JD Supra Law

MAY 1, 2023

In January of this year, the China National Intellectual Property Administration (CNIPA) published its draft 5th Amendment to the Chinese Trademark Law (a translated version is posted.)

Trademark Law 52

Trademark Law Trademark Law Marketing 52

Intepat

MARCH 25, 2025

Several luxury brands, including Tom Ford, Chanel, and Dior, annually invest millions into developing and marketing their signature perfumes. Dupe perfumes are often marketed as affordable alternatives to their premium counterparts, offering similar fragrances without the hefty price tag. billion in 2025.

Copying 59

Copying Brands Branding Branding 59

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.

Trademark Law 57

Trademark Law Trademark Law Brands 57

Technology & Marketing Law Blog

MARCH 8, 2022

academics with expertise in trademark law. The SHOP SAFE Act represents one of the most significant proposed reforms of trademark law that Congress has contemplated in years, and it will likely reshape e-commerce in unwanted ways. The SHOP SAFE Act would do this by fundamentally changing trademark law.

Trademark 144

Trademark Trademark Law Law Blogging 144

43(B)log

JULY 25, 2024

Portkey sued for unfair competition/reverse passing off, false advertising, and trademark infringement under the Lanham Act, as well as related state-law claims. State law consumer protection claims also failed because they didn’t allege harm to consumers; trademark confusion isn’t sufficient.

Trademark Law 59

Trademark Law Trademark False Advertising Law 59

JD Supra Law

DECEMBER 1, 2021

The November 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the emergence of trademark filings for NFTs and a recent ITC patent infringement case regarding imported oil-vape cartridges. Pulp Fiction Shows us Where NFTs Meet Trademark Law - Watching the Pot™. In this issue: - "Say What Again?":

Marketing 66

Marketing Marketing Trademark Law Patent Infringement 66

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.

Trademark 126

Trademark Marketing Marketing Trademark Law 126

SpicyIP

MARCH 24, 2025

Hons) student at the National Law University Delhi with a keen interest in the intersection of law and policy. Hons) student at the National Law School of India University, Bangalore with a keen interest in various aspects of IPR and technology law. ] Khushi is a third-year B.A., Vishno is a third-year B.A.,

Social Media 76

Social Media Trademark Law Branding 76

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

Section 230(e)(2) says “Nothing in this section shall be construed to limit or expand any law pertaining to intellectual property,” so IP lawsuits over third-party content are not preempted by Section 230. Legal Background. Section 230(c)(1) says websites aren’t liable for third-party content. See, e.g., Ripple v.

Intellectual Property 144

Intellectual Property Trademark Marketing Marketing 144

The IPKat

APRIL 5, 2022

On 16 March 2022, the Supreme People’s Court of China (SPC) issued the Judicial Interpretation by the SPC on Several Issues Concerning the Application of the Anti-Unfair Competition Law (AUCL; see the translation by WIPO Lex here ) of China (JI 2022; full context here in Chinese), which took effect on 20 March 2022. The subsequent JI (i.e.

Law 95

Law Business Marketing Marketing 95

IP and Legal Filings

OCTOBER 23, 2023

These E-commerce platforms make it simple to access consumer goods from a computer or smart phone, but they also, by their very nature, make it simple for counterfeiters to market their counterfeit goods. In the year 2017 the market value of the E-commerce was $38.5 However, these laws are not clear and settled in India.

Marketing 98

Marketing Marketing Trademark Registration 98

Technology & Marketing Law Blog

MARCH 6, 2024

New practice area alert for law students: the specialty niche of fish artists asserting IP claims against print-on-demand services. Any surviving services may need to be structured as marketing agencies that push all of the legal risk to the users and third-party vendors. This plaintiff emphasized copyright law but got little traction.

Copyright 119

Copyright Trademark Law Publishing Copyright Infringement 119

IP and Legal Filings

APRIL 7, 2025

Global brands must adopt an international trademark strategy by registering their trademarks in multiple jurisdictions under treaties such as the Madrid Protocol. Global Enforcement: The key is working with local legal resources within crucial markets for protection of the brand.

Trademark 59

Trademark Brands Branding Branding 59

43(B)log

JUNE 24, 2022

It’s always been clear to McKenna that TM use is everywhere in TM law, but almost always implicit or found in its absence. Much of the law is a collection of rules of thumb from registration context. Disclaimers/Laura Heymann’s work in 2013: a consumer protection law approach to disclaimers about where you expect to find information.

Trademark Law 75

Trademark Law Law Trademark Registration 75

Patently-O

JUNE 29, 2022

That divide allows the company to cater to local market preferences and regulations and also avoid potential arbitrage. In the 1970’s Coca-Cola withdrew its flagship sugary cola from the Indian market at a time of heavy regulation of foreign companies. In the 1990s, the Indian market opened again to foreign competition.

Trademark 121

Trademark Trademark Law Brands Branding 121

IP and Legal Filings

JANUARY 31, 2023

Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The main assets of any fashion firm that are virtual designs, may need to be protected as trade dress under trademark law. Any brand that wants to have exclusive rights to a mark in a country must register its trademark.

Law 105

Law Brands Branding Branding 105

LexBlog IP

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.

Trademark Law 52

Trademark Law Trademark Law Brands 52

Intepat

DECEMBER 4, 2024

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. For example, the specific shade of Tiffany & Co.’s

Trademark 52

Trademark Intellectual Property Brands Branding 52

Erik K Pelton

APRIL 14, 2021

Erik speaks to local middle school students about what practicing trademark law is about, how he got to this point in his career, and why he enjoys doing this work. Erik shares some fun trademark tidbits and explains to the future entrepreneurs why communication, analysis, and marketing are three pillars to his long-term success.

Trademark 100

Trademark Trademark Law Marketing Marketing 100

JD Supra Law

APRIL 28, 2023

Thank you for reading the April 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss practice tips for the two new petition processes instituted by the Trademark Modernization Act and highlight significant proposed amendments to the Chinese Trademark Law.

Marketing 52

Marketing Marketing Trademark Law Trademark 52

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.

Trademark Law 111

Trademark Law Trademark IP Blogging 111

SpicyIP

OCTOBER 11, 2022

We’re pleased to bring to you this post by UNH Franklin Pierce, wherein different faculty members at the law school discuss what they see as the emerging spheres of IP law. We asked faculty at UNH Franklin Pierce to predict emerging spheres of IP law. University of New Hampshire Franklin Pierce School of Law.

IP 81

IP Law Intellectual Property Privacy 81

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.

Trademark 98

Trademark Law IP Intellectual Property 98

The IPKat

JANUARY 27, 2022

Ab initio distinctiveness The Court concluded that the trademark is not distinctive ab initio because there are numerous similar perfume bottles on the market. So the Court considered that Chanel’s perfume bottle is commonplace within the perfume market. 5 perfume) within the entire perfume market (similar to C-25/05 P ).

Trademark 138

Trademark Registration Marketing Marketing 138

LexBlog IP

APRIL 27, 2023

We are just a few months into 2023, but we are already seeing a number of proposed changes to Chinese Trademark Law. Overall Theme and Key Takeaway It should be noted that this will be the 5 th round of major amendments to the China Trademark Law since it was first adopted in 1982.

Trademark Law 52

Trademark Law Law Trademark Intellectual Property 52

Kashishipr

MARCH 2, 2022

Therefore, even after a trademark office grants you your exclusive trademark rights, you must do your part to safeguard such rights well. No trademark office across the globe will ever keep a watch on the market for unauthorized use of your Registered Trademark. Non-Use of a Registered Trademark.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

JD Supra Law

SEPTEMBER 5, 2023

As we previously reported, in January of this year, the China National Intellectual Property Administration (CNIPA) published its Draft 5th Amendment to the Chinese Trademark Law.

Trademark 75

Trademark Intellectual Property Marketing Marketing 75

Technology & Marketing Law Blog

DECEMBER 11, 2023

The low grade the court earned is a consequence of it losing many points by misstating the law, misapplying the law, and especially skipping over the part where it was supposed to share its analysis and instead just stated its conclusion. After Vans , the critical question is whether a defendant has made a trademark use.

Blogging 130

Blogging Trademark Brands Branding 130

LexBlog IP

MARCH 24, 2023

require the Court to consider exactly how far trademark law can go in regulating conduct in the face of competing public policy interests. citizens accountable when foreign companies also purposely target marketing to U.S. Both Abitron Austria GmbH et. Hetronic Int’l, Inc. and Jack Daniel’s Properties Inc.

Trademark Law 52

Trademark Law Trademark Law Artistic Work 52

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.

Trademark 133

Trademark Fair Use Trademark Law Branding 133