Erik K Pelton

DECEMBER 19, 2022

The following is an edited transcript of my video Why Restaurants Need Trademark Protection. I love a great meal, I love supporting small local businesses, and I have a connection to the restaurant industry: my wife and my brother-in-law own two restaurants. Most restaurants do not have registered trademarks.

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Registration Trademark Social Media Branding 299

Corsearch

JANUARY 9, 2025

While many businesses go through the process of trademark registration , not every brand needs to take that route right away. Enter common law trademarks a practical way to secure certain rights to your brand from the moment you start using it, without the registration process or fees. What is a common law trademark?

Branding 52

Branding Branding Brands Registration 52

Plagiarism Today

JUNE 8, 2023

A new Supreme Court decision may mean some major changes for trademark law and might seem eerily familiar to those who have been watching. The post Poop Jokes, Jack Daniel’s and Trademark appeared first on Plagiarism Today.

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Trademark Plagiarism Trademark Law Law 246

JD Supra Law

FEBRUARY 3, 2025

In this article, we review a number of notable Canadian trademark cases from 2024 and highlight key developments in Canadian trademarks practice. On February 5, 2025, join us for an insightful webinaras wedeliver a roundup of Canadian trademark law, highlighting some of the most important new cases and practice directions from 2024.

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Trademark Law Trademark Law Branding 72

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. Bottom Line.

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Trademark Copyright Cease and Desist Copying 279

Plagiarism Today

SEPTEMBER 30, 2024

The post The Bitter Trademark Battle Over WordPress appeared first on Plagiarism Today. Over the past week, Automattic has been battling WP Engine over WordPress-related issues. Here's what is going on.

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Trademark Plagiarism Trademark Law Law 278

IP and Legal Filings

FEBRUARY 17, 2025

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. Within India, the sports market is able to thrive due to the extensive laws.

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Intellectual Property Law Intellectual Property Law IP 90

Likelihood of Confusion

OCTOBER 21, 2024

Republished by Blog Post PromoterEver earnest and always thinking trademarkily, friend Erik Pelton proposes “Three Misconceptions about Trademarks”: Since I began working in the field of trademarks I have seen and heard a lot of myths and misconceptions about trademark protection.

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Trademark Blogging Trademark Law Law 84

SpicyIP

FEBRUARY 4, 2025

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. What followed was the plaintiff seeking a permanent injunction, restraining the defendant from infringing and passing off its trademark. Tanishka is an advocate at the High Court of MP.

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JD Supra Law

NOVEMBER 1, 2024

With a new law allowing on-premise consumption areas, the sale of food and drinks, and the hosting of live music events, businesses are gearing up to create unique and engaging experiences. Recent legislative changes in California have opened up exciting opportunities for cannabis lounges and retailers.

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Trademark Law Music Branding 76

Plagiarism Today

JULY 3, 2024

But how has copyright, trademark and patent law changed the field? The post Copyright, Trademark and Patent in Fireworks appeared first on Plagiarism Today. Fireworks displays are a common theme of Fourth of July celebrations.

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Trademark Copyright Plagiarism Patent 203

JD Supra Law

JANUARY 17, 2025

The United States Patent and Trademark Office (USPTO) has announced changes to trademark fees, all of which will take effect on Jan. 18, 2025, except for the fees for international applications filed under the Madrid Protocol, which will take effect on Feb.

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Trademark Registration Patent 105

Plagiarism Today

FEBRUARY 7, 2022

The same day that the RIAA sent its cease and deist letter to Hitpiece, Nike filed a trademark infringement lawsuit against reseller StockX over Nike-themed NFTs. The biggest is how copyright law will apply to marketplaces like OpenSea. The post The Coming Copyright/Trademark Storm for NFTs appeared first on Plagiarism Today.

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Cease and Desist Copyright Trademark Copyright Law 264

SpicyIP

NOVEMBER 26, 2024

The second edition of Eashan Ghosh’s 2020 book “Imperfect Recollections: The Indian Supreme Court on Trade Mark Law” is out now! The first week of August 2021 was a critical hinge in the modern history of Indian trade mark law. Much of this scaffolding had been built atop Supreme Court case law.

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Erik K Pelton

FEBRUARY 11, 2025

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.

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Intellectual Property Intellectual Property Law Trademark Registration 189

JD Supra Law

MARCH 27, 2025

This following law seeks to protect a different type of IPRs, such as trademarks, copyrights, and patents. The protection of innovative ideas, technological developments, and unique brand identities is largely dependent on intellectual property rights (IPR), which promotes economic expansion and innovation.

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Intellectual Property Law Branding Brands 66

IP and Legal Filings

FEBRUARY 24, 2025

INTRODUCTION For a long time, logos, names, and jingles have been the mainstays of trademark law. A recent trend in branding, however, is the use of non-traditional trademarks such as haptic markings. In 2003, the firm’s trademark in Germany was protected due to its distinctive design. are two examples.

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Trademark Law Trademark Law Branding 52

JD Supra Law

MARCH 4, 2025

With the rise of generative artificial intelligence (GenAI), many are wondering how it will affect intellectual property law. While much has been written on the subject of copyright law and the numerous gray areas that will need to be addressed by the U.S.

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Trademark Intellectual Property Law Intellectual Property Trademark Law 69

JD Supra Law

MARCH 21, 2025

trademark registration for your trademark on goods or services for your business. Can your trademark registration be cancelled with the U.S. Patent and Trademark Office based on genericness? If so, what is the appropriate time period for assessing whether a trademark is generic? The answer is YES!

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Registration Trademark Business Patent 74

Erik K Pelton

JULY 10, 2024

Beware of latest scam from Worldwide Trademarks, Inc. aka Worldwide Trademarks at 447 Broadway, 2nd Floor, New York, NY 10013. I have never heard any trademark professional recommend inclusion in such a publication; nor any trademark professional use such a publication for any research. A publication with no real value.

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JD Supra Law

JANUARY 23, 2025

A longstanding Australian brand, UGG Since 1974, is fighting for the right to use its UGG trademark for footwear in the United States.

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Trademark Business Branding Brands 118

JD Supra Law

NOVEMBER 27, 2024

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

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Trademark IP Patent 116

JD Supra Law

APRIL 1, 2025

Courts are divided on whether their power to order the cancellation of trademark registrations extends to still pending trademark applications under review by the United States Patent and Trademark Office (USPTO).

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Trademark Registration Patent 66

43(B)log

MARCH 19, 2025

As a result, religious independence and mother-tongue/linguistic independence are highly valued in these countries, and are the context by which the morality of trademarks within the borders of these countries are assessed. Each sought to create a space where their cultural and religious identities were represented fairly.

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IP Watchdog

NOVEMBER 12, 2024

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.

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The IPKat

APRIL 6, 2025

Copyright Law by Angela Chung Do everything by hand, even when using the computer. Unfortunately, the law does not currently provide a means for us to address those ethical questions. Case law has typically dealt with the physical destruction of tangible artistic works, such as famous murals being painted over.

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Copyright Law Moral Rights Law Copyright 69

JD Supra Law

NOVEMBER 8, 2024

Small business owners should consider securing a federal trademark registration as a means of safeguarding their business identity and distinguishing themselves from competitors.

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Business Trademark Registration Branding 63

JD Supra Law

MARCH 11, 2025

This one-hour CLE session focuses on defending against false advertising and trademark claims, providing practical strategies for brand owners facing allegations of misleading advertising or trademark infringement.

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False Advertising Advertising Advertising Trademark 74

IP and Legal Filings

APRIL 7, 2025

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.

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Trademark Branding Brands Branding 52

Patently-O

MARCH 12, 2025

March 12, 2025) In an interesting trademark decision, the Federal Circuit has clarified that terms once considered generic do not necessarily remain permanently unregistrable. provides important guidance on genericness timing and addresses a question of first impression in trademark law. Sazerac Brands, LLC , 2023-1682 (Fed.

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Trademark Registration Branding Brands 66

JD Supra Law

FEBRUARY 28, 2025

On February 26, 2025, in a unanimous opinion, the US Supreme Court vacated a $43 million trademark infringement award and ruled that trademark plaintiffs cannot recover profits from defendants affiliates when those affiliates are not themselves named as defendants in the lawsuit.

Trademark 72

Trademark 72

JD Supra Law

FEBRUARY 28, 2025

Supreme Court unanimously vacated a nearly $43 million award in a trademark dispute that raised the question of whether a defendants affiliates could be held liable for payment of a disgorged profits award even if they were not named as defendants in the case.

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Trademark Trademark Law Law 69

IP Watchdog

DECEMBER 8, 2024

In 2007, I began attending sessions of the World Intellectual Property Organizations (WIPOs) Standing Committee on Trademarks, Industrial Designs, and Geographical Indications (SCT) in Geneva, Switzerland, to discuss the development of the Design Law Treaty.

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SpicyIP

NOVEMBER 11, 2024

recent circular on procurement of drugs, non-obviousness test under the patents law, and the Hamburg Regional Court’s decision in Robert Kneschke v LAION e.V. Taming the ‘LAION’: Lessons for Harmonising AI and Copyright Law Unpacking the Hamburg Regional Court’s landmark ruling in Robert Kneschke v. The Show Must Go On?

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Personality Rights Trademark Social Media Government 104

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. The concept of unconventional trademarks has a relatively short history.

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Trademark Intellectual Property Branding Brands 52

The IPKat

JANUARY 8, 2025

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.

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The IPKat

MARCH 25, 2025

The IPKat has received and is pleased to host the review of The Handbook of Fashion Law (eds. Heres what Spyros writes: The cover image portrays a photograph of Signor Valentino himself, in his atelier in the 1960s Fashion law has now been fully established as a field of study, research, and practice worldwide.

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Law Intellectual Property IP Branding 59