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

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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Copyright Fair Use Social Media Business 91

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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Trademark Registering Trademarks Editing Trademark Law 130

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.

Trademark Law 52

Trademark Law Marketing Marketing Trademark 52

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.

Trademark Law 52

Trademark Law Trademark Law Branding 52

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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Trademark Trademark Law Law Government 119

IPilogue

OCTOBER 18, 2022

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. . We will be following the outcome of this dispute as litigation continues.

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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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Trademark Intellectual Property Trademark Law Publishing 118

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

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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Litigation Blogging Reporting Trademark Law 52

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.

Litigation 52

Litigation Ownership Fair Use Trademark Law 52

The IPKat

APRIL 6, 2025

Or perhaps the future of copyright law could take principles from trademark law providing protections for works when infringing creations dilute the value and recognizability of the original artists pieces.

Copyright Law 68

Copyright Law Moral Rights Law Copyright 68

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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Trademark Registering Trademarks Registration Trademark Law 98

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. However, one’s own house deserves equal consideration in this case.

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Registering Trademarks Trademark Registration Trademark Law 105

IP and Legal Filings

MARCH 11, 2025

These unresolved issues have opened up practical challenges that any litigant may face, inevitably demanding some judicial or legislative intervention. Trademark law jurisprudence thus faces a dilemma over the efficient use of procedure and protecting rights. Diesels Ltd. ,

Trademark 52

Trademark Registration Litigation Trademark Law 52

Patently-O

JULY 19, 2023

Unlike patent and copyright, trademarks and trade secrets continue to be concurrent and overlapping, meaning that state rights continue to exist and be enforceable alongside the federal right. It is common for litigation to assert both. The straggler here is the right of publicity, often termed Name Image & Likeness or NIL rights.

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

Canadian Intellectual Property Blog

JUNE 22, 2022

Notably, these implications may not only affect English language trademarks but also trademarks using other non-French languages and potentially “coined” words.

Trademark Law 52

Trademark Law Trademark Law Registering Trademarks 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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Cease and Desist Trademark Litigation Intellectual Property 98

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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Trademark Fair Use Trademark Law Branding 133

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.

Trademark 116

Trademark Trademark Law Design Designs 116

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 127

Trademark Marketing Marketing Trademark Law 127

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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Trademark Brands Branding Branding 63

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.

Intellectual Property 40

Intellectual Property Litigation Law Editing 40

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.

Blogging 116

Blogging Trademark Fair Use Trademark Law 116

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

Trademark 52

Trademark Law Trademark Law Branding 52

LexBlog IP

MARCH 9, 2023

The highly anticipated jury verdict in the Hermès litigation over MetaBirkins NFTs has some important takeaways for both artists and sellers of NFTs as well as brand owners. Your internal and external communications will be used against you in litigation. ” ( Id. at *17-18.)

Litigation 52

Litigation Artistic Work Branding Brands 52

IPilogue

SEPTEMBER 17, 2021

Staple, who has a history of working for Nike and is the registered owner of the Staple Pigeon brand (seen on Lotas shoes), was left out of the litigation between Nike and Lotas. This is strange, as he was a co-partner in the Lotas product and his trademark pigeon is part of the trade dress of the allegedly infringing shoe.

Trademark 105

Trademark Branding Brands Branding 105

JD Supra Law

FEBRUARY 18, 2022

Regulations implementing the Trademark Modernization Act of 2020 (TMA) went into effect on December 18, 2021. The new rules and procedures are multifaceted and address several aspects of trademark law, both with respect to litigation and USPTO practice. By: SmithAmundsen LLC

Trademark 52

Trademark Trademark Law Litigation Law 52

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.,

Blogging 98

Blogging Litigation IP Marketing 98

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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Due Diligence Intellectual Property Branding Brands 52

Technology & Marketing Law Blog

FEBRUARY 27, 2022

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. With all that, the first battle in this litigation will be the question of where to litigate it.

Cease and Desist 124

Cease and Desist Blogging Contracts Social Media 124

IP Law 360

OCTOBER 21, 2022

Winston & Strawn LLP has brought on a litigator with experience in intellectual property and trade secrets disputes to its Dallas office, and a former Willkie Farr & Gallagher LLP partner with more than a decade of experience in trademark law has joined Reed Smith LLP. Here are the details on these and other notable hires.

Intellectual Property 52

Intellectual Property Trademark Law IP Litigation 52

IP and Legal Filings

SEPTEMBER 12, 2024

It is this judgment that more or less laid the foundation of “trans-border reputation” in Indian trademark law. Whirlpool was able to claim rights over its trademark in this country, even though it didn’t have a physical presence here and did not have any registration at that time. Dongre and Ors.

Brands 98

Brands Branding Branding Trademark 98

Technology & Marketing Law Blog

OCTOBER 17, 2022

This means the term “emoji” is generic with respect to the dictionary definitions and Emojico’s litigation empire should crumble. The trademark registrations discourage that outcome. The court seemingly understands the problem perfectly.

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Trademark Fair Use Registration Licensing 124

IPilogue

OCTOBER 28, 2021

Scary Issues with Licensing and Trademarks. Although costumes are generally not afforded copyright protection, trademark laws still prevent retailers from selling and marketing unlicensed versions of costumes using the names which they are based on. It appears in the U.S.,

Intellectual Property 115

Intellectual Property Design Designs Copyright 115

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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Social Media Ownership Business Branding 119

The IPKat

MAY 17, 2023

Trademarks Book Review: Trade marks contrary to public order and morality + discount code Anastasiia Kyrylenko reviewed this publication by Boris Catzeflis, which covers the absolute ground of refusal in trademark law for signs that are contrary to public order or morality. The agenda can be found here.

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