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 71

Trademark Law Trademark Law Advertising 71

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 91

Trademark Law Trademark Law Service Mark 91

IP Law 360

NOVEMBER 3, 2022

Current trademark law isn't sufficient to put a stop to copycat THC edibles that are making thousands of kids in the U.S. sick, many of whom are tricked into consuming them because they are packaged just like name-brand snacks, experts said Thursday.

Trademark Law 97

Trademark Law Trademark Law Branding 97

JD Supra Law

JANUARY 2, 2023

A quick look at some of the most widely read Trademark Law updates and commentary published on JD Supra throughout 2022. By: Beacon Insights by JD Supra

Trademark Law 112

Trademark Law Trademark Law Publishing 112

Likelihood of Confusion

JULY 7, 2022

The post WAL-ZYR versus ZYRTEC: Allergic to legislating trademark law? I have no problem using the TTABlog for a blog launching point every week. Why would I when I can riff on a post such as this one, about an. appeared first on LIKELIHOOD OF CONFUSION™.

Trademark Law 98

Trademark Law Trademark Law Blogging 98

IPilogue

JANUARY 26, 2023

Areeb Daimee is a 2L JD candidate at the University of Western Ontario Faculty of Law. With the rise of significant non-fungible token (“NFT”) trademark disputes taking place in the United States, Canada is looking towards the outcomes of those cases in order to interpret Canadian trademark law in relation to NFTs.

Trademark Law 116

Trademark Law Non-Fungible Tokens Trademark Law 116

JD Supra Law

DECEMBER 22, 2023

Earlier this year, the China National Intellectual Property Administration (CNIPA) released a Draft Amendment to its Trademark Law which, although not yet finalized, could result in significant changes to trademark applications and rights enforcement. By: Neal, Gerber & Eisenberg LLP

Trademark Law 66

Trademark Law Trademark Law Intellectual Property 66

Likelihood of Confusion

SEPTEMBER 25, 2022

The Tata Group put out this press release about a trademark decision that some people seem to think is funny. The post Trademark Law: The Dismal Science appeared first on LIKELIHOOD OF CONFUSION™. It is evidently connected with this WIPO decision. Likelihood of.

Trademark Law 52

Trademark Law Trademark Law 52

Olartemoure Blog

FEBRUARY 3, 2023

La entrada Spanish trademark law reform se publicó primero en OlarteMoure | Intellectual Property.

Trademark Law 52

Trademark Law Trademark Law Intellectual Property 52

Likelihood of Confusion

JANUARY 10, 2023

The post India, Scotland in same news story: Must be trademark law appeared first on LIKELIHOOD OF CONFUSION™. The AP reports: An Indian court has ruled that Indian whiskey manufacturers cannot use the words Scot or Scotch to.

Trademark Law 72

Trademark Law Trademark Law Reporting 72

JD Supra Law

FEBRUARY 24, 2023

The China National Intellectual Property Administration (CNIPA) circulated a draft amendment to the PRC Trademark Law (TML Draft Amendment) for public comment on January 13, 2023.

Trademark Law 59

Trademark Law Trademark Law Intellectual Property 59

Patently-O

MARCH 22, 2023

Hetronic sued and won a $90 million judgment based upon willful trademark infringement and goodwill injury. Hetronic also won on a contract claim, but contract law would not support this disgorgement remedy. (Image above). Although U.S. Bulova Watch Co. , 280 (1952), which allowed for collection of damages for foreign infringement.

Trademark Law 78

Trademark Law Trademark Law Contracts 78

The TTABlog

APRIL 28, 2023

The Trademark Reporter has issued its Annual Review of European Trademark Law, presented by Tom Scourfield of the UK, with contributions by an impressive roster of authors from across Europe. TTABlog comment: Once again, I thank The Trademark Reporter for allowing me to provide this issue to you all.

Trademark Law 92

Trademark Law Reporting Trademark Law 92

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 Branding 57

JD Supra Law

FEBRUARY 6, 2023

On 13 January 2023, the China National Intellectual Property Administration (“CNIPA”) published draft amendments to the PRC Trademark Law for public comment. This Draft marks the fifth time that the PRC Trademark Law is up for revision since its adoption in 1982.

Trademark Law 52

Trademark Law Trademark Law Intellectual Property 52

JD Supra Law

APRIL 9, 2024

The UK Court of Appeal has for the first time chosen to diverge from a decision of the Court of Justice of the European Union ("CJEU"), making use of the powers given to it following the UK's exit from the European Union. By: Jones Day

Trademark Law 76

Trademark Law Law Trademark 76

Likelihood of Confusion

OCTOBER 13, 2021

The post Best of 2013: WAL-ZYR versus ZYRTEC: Allergic to legislating trademark law? I have no problem using the TTABlog for a blog launching point every week. Why would I when I can riff on a post such. appeared first on LIKELIHOOD OF CONFUSION™.

Trademark Law 96

Trademark Law Trademark Law Blogging 96

Above the Fold

JULY 7, 2023

Trademark law. Hetronic ) was the original case, a trademark dispute between plaintiff Hetronic, an American company, and Abitron, et. several European defendant companies who were accused of infringing on Hetronic’s trademarks. The presumption that American laws do not apply outside the U.S. known as Abitron v.

Trademark Law 64

Trademark Law Trademark Law Business 64

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

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 Law 360

NOVEMBER 2, 2023

Convenience store giant 7-Eleven this week sued a Chicago-based law practice called Seven Eleven Law Group for trademark infringement, alleging that the firm, which specializes in trademark matters itself, is ripping off its name and its green and white color scheme, as well as unfairly profiting off its brand.

Trademark Law 75

Trademark Law Trademark Law Branding 75

JD Supra Law

JULY 10, 2023

Trademark law. There have been many newsworthy rulings coming out of the Supreme Court in the last two weeks, so it is understandable if you missed this one. On Thursday, June 29, 2023, the U.S. Supreme Court ruled the Tenth Circuit wrongly upheld a $96 million jury verdict, limiting the international reach of U.S.

Trademark Law 52

Trademark Law Trademark Law 52

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 62

Trademark Law Trademark Registration Law 62

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 101

Non-Fungible Tokens Trademark Law Intellectual Property Law Trademark 101

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 107

Trademark Law Trademark Copyright Law 107

JD Supra Law

APRIL 13, 2023

Why You Should Attend - Recent years delivered major trademark law developments, underscoring the dynamism of this area of intellectual property law. By: Practising Law Institute (PLI)

Trademark Law 52

Trademark Law Intellectual Property Law Trademark Law 52

JD Supra Law

APRIL 13, 2023

Why You Should Attend - Recent years delivered major trademark law developments, underscoring the dynamism of this area of intellectual property law. By: Practising Law Institute (PLI)

Trademark Law 52

Trademark Law Intellectual Property Law Trademark Law 52

JD Supra Law

FEBRUARY 13, 2023

Trademark Insight. With this format, we will be informing you at regular intervals about current trademark law decisions of German courts, the EUIPO and the European Union Courts. Each issue contains a subjective compilation of decisions that are interesting and/or relevant from our point of view. By: Hogan Lovells

Trademark Law 52

Trademark Law Trademark Law 52

JD Supra Law

DECEMBER 13, 2022

Can a United States court really award tens of millions of dollars in damages for violation of US trademark law under the Lanham Act where the conduct at issue did not even take place in the United States? According to a federal appeals court, oh yes it can. By: Sunstein LLP

Trademark Law 52

Trademark Law Trademark Law 52

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 Branding 52

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

Likelihood of Confusion

SEPTEMBER 30, 2021

Kirkpatrick of Pilsbury Winthrop, who has — through the Practising Law Institute — has come out with the second edition of Likelihood of. The post Likelihood of Confusion in Trademark Law: Richard Kirkpatrick wrote the book (again) appeared first on LIKELIHOOD OF CONFUSION™. [Revised — RDC.]

Trademark Law 74

Trademark Law Law Trademark Editing 74

JD Supra Law

DECEMBER 22, 2022

Trademark Insight. With this format, we will be informing you at regular intervals about current trademark law decisions of German courts, the EUIPO and the European Union Courts. Each issue contains a subjective compilation of decisions that are interesting and/or relevant from our point of view. By: Hogan Lovells

Trademark Law 52

Trademark Law Trademark Law 52

IP and Legal Filings

SEPTEMBER 16, 2021

Global and Indian laws concerning smell trademarks. While several countries have allowed the registration of smell marks, laws concerning the registration of smell marks are largely inchoate. Smell marks and Indian trademark laws. Currently, Indian laws do not permit the registration of smell marks.

Trademark Law 52

Trademark Law Trademark Law Registration 52

JD Supra Law

OCTOBER 2, 2023

With more individuals and businesses entering the cannabis sector, there has been an increased interest in what kind of trademark protections a cannabis business can obtain. This article seeks to briefly cover what in the cannabis industry can and cannot be federally trademarked and where the laws are heading.

Law 66

Law Trademark Law Trademark Business 66

JD Supra Law

FEBRUARY 15, 2022

KEY TAKEAWAYS AND OUTLOOK FOR 2022 - While Gen Z taught us all on TikTok how not to be “cheugy,” or out of touch with pop culture, similarly, trademark law in 2021 ushered in new and changed regulations, provided further guidance on traditional legal concepts and gave us a peek into how brands may help shape the future in the “metaverse”—and beyond. (..)

Trademark Law 52

Trademark Law Trademark Reporting Law 52

JD Supra Law

FEBRUARY 23, 2022

McDermott Partner Sarah Bro takes a look at developments shaping trademark law. By: McDermott Will & Emery

Trademark Law 52

Trademark Law Trademark Law 52