JD Supra Law

JULY 1, 2024

Trademark law continues to be the cornerstone of brand identity. One concept that introduces a unique set of challenges in trademark law is “tacking.” Tacking is the ability of a trademark owner to modify their mark without forfeiting its priority status.

Trademark Law 99

Trademark Law Branding Branding Brands 99

IP and Legal Filings

FEBRUARY 17, 2025

Within India, the sports market is able to thrive due to the extensive laws. Trademark The Trademarks Act protects registered marks such as names, logos, etc. A trademark is a symbol or design or word or phrase that acts as an identifier for a business goods or services.

Intellectual Property Law 90

Intellectual Property Law Intellectual Property Law IP 90

The TTABlog

OCTOBER 12, 2023

The Franklin Pierce Center for Intellectual Property at the University of New Hampshire Franklin Pierce School of Law invites you for its upcoming trademark law symposium, "Section Two Small: Exploring the New Constitutional Limits on Trademark Law" on Friday, November 3, 2023.The Full program here.

Trademark Law 105

Trademark Law Law Trademark Intellectual Property 105

Plagiarism Today

NOVEMBER 7, 2023

Here's what copyright and trademark law say about what is next. The post Copyright, Trademark and the Future of Zero Punctuation appeared first on Plagiarism Today. The long-running YouTube series Zero Punctuation has come to an abrupt end.

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Trademark Copyright Plagiarism Trademark Law 312

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

IPilogue

OCTOBER 17, 2022

Alice Xie is an IPilogue Writer and a 1L JD Candidate at Western University’s Faculty of Law. Jamaica seems to be just one of many jurisdictions without a searchable online trademark database. Apple users have been dissatisfied with the “notch” — the black space sinking into the top of the screen. Loophole or fair strategy?

Trademark Law 119

Trademark Law Trademark Law Privacy 119

IP and Legal Filings

FEBRUARY 2, 2024

To provide security and prevent this, Indian law has established protection for marks and symbols with religious connotations; hence, if a mark includes anything that might offend a certain class of people or segment of the public due to their religious sensibilities, protection may be denied to such a mark [4]. 1] Acharya, M.

Trademark Law 98

Trademark Law Trademark Law Service Mark 98

Erik K Pelton

FEBRUARY 6, 2025

February 6, 2025 Erik M Pelton & Associates, PLLC (EMP&A), a leading trademark law firm dedicated to protecting brands, is proud to announce the successful registration of U.S. This patent represents just one of many ways the firm is committed to enhancing client experiences and delivering exceptional trademark services.

Trademark 147

Trademark Patent Registration Trademark Law 147

IPilogue

NOVEMBER 15, 2022

Does this count as an artistic expression protected under First Amendment rights of expression and speech, or is it a trademark infringement upon a beloved fashion icon? Nancy Chen is an IPilogue Writer and a 2L JD/MBA Candidate at the University of Toronto. Imagine a Birkin bag – an iconic, timeless piece that arguably embodies luxury.

Trademark Law 105

Trademark Law Trademark Non-Fungible Tokens Law 105

JD Supra Law

JANUARY 30, 2024

2023 was an active year in Canadian trademark law. Notable changes also emerged from the Canadian Trademarks Office. Additionally, many trademark fees increased by 20-35%. Canadian Courts addressed a wide range of issues, from licensing to comparative advertising to co-branding.

Trademark Law 75

Trademark Law Trademark Law Advertising 75

JD Supra Law

AUGUST 8, 2024

Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Suit Against Prime Hydration Highlights Olympic Trademark Law - It happens once every four years, when the world’s elite athletes come together to wow us with their superhuman feats in summer sports … and trademark lawyers (..)

Trademark Law 94

Trademark Law Trademark Law IP 94

JD Supra Law

JANUARY 16, 2023

NON-FUNGIBLE TOKENS AND TRADEMARK INFRINGEMENT: WHERE DOES THE LAW STAND? StockX, LLC, Nike filed a trademark infringement lawsuit against StockX, LLC, an online resale sneaker retailer, in February 2022 in the U.S. District Court for the Southern District of New York.

Non-Fungible Tokens 102

Non-Fungible Tokens Trademark Law Intellectual Property Law Trademark 102

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.

Trademark 68

Trademark Intellectual Property Law Intellectual Property Trademark Law 68

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. By: Fox Rothschild LLP

Trademark 68

Trademark Trademark Law Law 68

JD Supra Law

FEBRUARY 20, 2024

Trademarks protect indicators of source. Can a creative work also act as a trademark? Copyrights protect creative works. Yes, and the character of Mickey Mouse as portrayed in Disney’s animated classic Steamboat Willie is a perfect case study in the concept of overlapping protections. By: Amundsen Davis LLC

Trademark Law 111

Trademark Law Trademark Copyright Law 111

JD Supra Law

MARCH 11, 2025

This presentation will cover key updates in copyright and trademark law, the impact of artificial intelligence, new guild agreements, recent California legislation, the evolving right of publicity, and notable defamation cases. By: Greenberg Glusker LLP

Copyright 73

Copyright Trademark Law Trademark Law 73

IP and Legal Filings

NOVEMBER 12, 2024

One of the most effective ways to protect your brand and all that it owns, including distinctive features, is through the registration of a trademark. Trademark law grants legal protection of your business name, logo, or slogan against other individuals using the same with regard to protection over intellectual property.

Trademark 97

Trademark Branding Branding Brands 97

SpicyIP

AUGUST 27, 2021

Following on from the success of last year’s inaugural edition of the Shamnad Basheer Essay Competition on IP Law, on May 14 th , 2021 we announced the 2 nd edition of the Shamnad Basheer Essay Competition on the occasion of Shamnad ‘s 45 th birth anniversary. A photograph of Prof. (Dr.) Shamnad Basheer. And the winners are: 1.

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Law IP Editing Intellectual Property 137

The Illusion of More

FEBRUARY 13, 2025

That title riffs on the term of art in trademark law known as likelihood of confusion.

Trademark Law 80

Trademark Law Art Design Designs 80

JD Supra Law

JANUARY 27, 2025

Loh deliver a roundup of Canadian trademark law, highlighting some of the most important new cases and practice directions from 2024. Join us for an insightful session as our presenters Pelle Berends, Tierney G.B. Deluzio, Meika Ellis and Kwan T. These are the key cases and legal developments that brand owners ought to know.

Trademark Law 62

Trademark Law Trademark Law Branding 62

The IPKat

FEBRUARY 14, 2025

Best Patent Book Terrell on the Law of Patents, 20th edition Sweet & Maxwell by Andrew Waugh KC, Douglas Campbell KC, Tim Austen, Tom Hinchliffe KC, Tom Mitcheson KC (reviewed by The IPKat here ) Best Copyright Book The Routledge Companion to Copyright and Creativity in the 21st Century Routledge eds.

Intellectual Property Law 77

Intellectual Property Law Intellectual Property Editing Trademark Law 77

JD Supra Law

MARCH 21, 2023

Dear Readers, Last month again saw some interesting decisions, which we have compiled for you in the current issue of TRADEMARK INSIGHT. Below you will find our summaries of decisions of the BPatG, the EUIPO Boards of Appeal and the EUGC.

Trademark 98

Trademark Trademark Law Law 98

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 Branding 97

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.

Trademark 279

Trademark Copyright Cease and Desist Copying 279

JD Supra Law

JANUARY 10, 2025

On December 27, 2024, the Korean National Assembly passed a proposed amendment to the Trademark Act (Amendment) which will be enacted six months following the date of promulgation. Originally published by Kim & Chang. By: Dorsey & Whitney LLP

Trademark Law 73

Trademark Law Trademark Law Publishing 73

Technology & Marketing Law Blog

MAY 13, 2023

This is another lawsuit between personal injury law firms over competitive keyword ads. The plaintiff is Nicolet Law, based in Hudson, Wisconsin with 14 offices in Wisconsin and Minnesota. However, note that Nicolet Law, a surname, isn’t registered with the USPTO and there may be questions about its secondary meaning.

Law 105

Law Advertising Advertising False Advertising 105

SpicyIP

FEBRUARY 4, 2025

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Concluding Remarks The instant case has shed light on several aspects of trademark law, ranging from the application of the passing off test and use of house marks, to the relevance of the first to use system.

Trademark 107

Trademark Marketing Marketing Trademark Law 107

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.

Trademark 66

Trademark Registration Branding Brands 66

Technology & Marketing Law Blog

FEBRUARY 16, 2022

.” In other words, they sought to establish (using centuries-old chattel-based theft doctrines rather than trademark law) that a trademark owner has the unrestricted right to shut down anyone using their trademarks, even if no consumers are harmed. to see if it could find some soft spot in Georgia state law.

IP 141

IP Advertising Advertising Trademark Law 141

Likelihood of Confusion

FEBRUARY 10, 2025

However, that setbackdid not dissuade him from continuing to push against trademark law limitations. Recently, the USPTO issued a trademark registration certificate for his sensory mark. Republished by Blog Post PromoterFrom Dennis Crouch: Carl Oppedahl lost his case to register themark patents.com.

Trademark Law 52

Trademark Law Music Registration Blogging 52

The IPKat

MARCH 4, 2025

St Atilla discussed the EUIPO's decision to uphold the trademark protection for "KIM KARDASHIAN," highlighting the importance of reputation in trademark law. Copyright and Design Law Alessandro Cerri detailed a decision by a Delaware court where the fair use defense was successfully applied in a copyright infringement case.

Designs 63

Designs Design Patent Drafting Fair Use 63

JD Supra Law

NOVEMBER 7, 2023

As the renewable energy sector continues to experience significant growth and attract emerging companies, it becomes essential for entrepreneurs and business owners to understand the legal landscape surrounding trademarks and potential bankruptcy issues.

Trademark Law 79

Trademark Law Trademark Intellectual Property Law 79

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.

Trademark 52

Trademark Trademark Law Registration Registering Trademarks 52

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

JD Supra Law

DECEMBER 28, 2023

In October, 2023, Korea passed a new trademark law to add flexibility to its strict trademark registration requiring that later-filed marks need to be completely unique from existing senior marks.

Trademark 120

Trademark Intellectual Property Trademark Law Registration 120

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.

Trademark 119

Trademark Trademark Law Law Government 119

JD Supra Law

JUNE 19, 2024

In a landmark decision written by Justice Clarence Thomas, the Supreme Court has unanimously upheld the constitutionality of the Lanham Act’s provision that prohibits the registration of trademarks consisting of, or comprising the name of, a particular living individual without the individual’s written consent.

Trademark Law 65

Trademark Law Trademark Registration Law 65