IP Watchdog

NOVEMBER 26, 2024

What began as a (relatively) simple claim by Sky for trademark infringement of various SKY trademarks (the "SKY Marks") by SkyKick, ultimately resulted in four High Court judgments, a referral to the CJEU, a Court of Appeal ruling and ended in a significant Supreme Court decision.

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Trademark Registration Intellectual Property Litigation 105

Erik K Pelton

DECEMBER 9, 2022

With the FIFA 2022 World Cup in full swing, it is a great time to review the “playing field” for trademark protection. Goalie – The ultimate protector and backstop: Trademark Registration. Offense – goal scoring and attacking: litigating as needed to protect the brand.

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Cease and Desist Trademark Registration Branding 147

JD Supra Law

DECEMBER 17, 2024

On November 19th, after over three (3) years of litigation, a jury in Williamsport, Pennsylvania finally found Vintage Brand, LLC (Vintage) and two other defendants liable for trademark infringement for selling counterfeit merchandise bearing the marks of The Pennsylvania State University (Penn State). By: Saul Ewing LLP

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IP and Legal Filings

MARCH 11, 2025

Trademarks are not just marks or labels, they carry value and encourage commerce and signifies credibility and quality in the market. But what happens, however, when these trademarks become the focus point of contingent legal battles? An individual who has a right to be aggrieved can go for cancellation of the registration in person.

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Trademark Registration Litigation Trademark Law 52

Erik K Pelton

AUGUST 14, 2023

The videos cover all trademark topics, from application to registration, searching to renewal, infringement to litigation. The post 500 hundred trademark videos on erikpelton.tv We just reached a milestone last week : 500 videos in our YouTube channel over at www.erikpelton.tv !

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Trademark Registration Litigation 130

Erik K Pelton

SEPTEMBER 17, 2024

The following is an edited transcript of Chapter 12 of my book video Building a Bold Brand: Using and Choosing Trademark Counsel I get asked all the time, “Can I file a trademark application by myself?” Does your practice handle other types of cases, or is it focused on trademarks? How many trademarks have you registered?

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Trademark Registering Trademarks Editing Trademark Law 130

IP Watchdog

DECEMBER 6, 2024

This week in Other Barks and Bites: the Government Accountability Office published its report on third-party funding for patent litigation showing mixed responses to proposed disclosure requirements; the Second Circuit affirms a lower ruling that copyright ownership claims to George Clinton sound recordings are time-barred; the U.S.

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Litigation Reporting Ownership Government 52

Indiana Intellectual Property Law

FEBRUARY 3, 2025

are again in litigation over their crossing business of manufacturing and selling valves and pipe fittings. The original complaint brought forth by Banjo, still pending, was for trademark infringement with Green Leaf’s use of the color yellow on their liquid handling valves. 2,642,074 , 6,901,382 and 2,642,068.

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Trademark Marketing Marketing Litigation 52

Erik K Pelton

JUNE 27, 2023

The following is an edited transcript of my video Trademark Registration Provides Double Protection. Trademark registration is such a valuable tool to protect a brand that it actually offers double protection, both before and after an incident occurs, should one happen.

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IP Watchdog

OCTOBER 12, 2023

A trademark lawsuit filed by popular grocery store chain, Trader Joe’s, against a cryptocurrency platform called “Trader Joe”—which the complaint alleges is a deliberate reference to the supermarket—has come to light this week.

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Trademark Litigation Intellectual Property IP 124

Erik K Pelton

JANUARY 6, 2022

Summer is around the corner, which means we are seeking law student(s) for a paid IP/Trademark internship from May/June – July/August 2022. Strong candidates will have coursework or other experience in the field of trademarks and intellectual property. Applications will be accepted through January 24, 2022.

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Intellectual Property Intellectual Property Law Trademark Registration 231

Technology & Marketing Law Blog

SEPTEMBER 20, 2021

. ” Last month, in one of them, I filed a declaration stating that “Emojico appears to be running a trademark trolling operation.” has trademark registrations in a popular dictionary word, “Emoji.” GmbH as a Possible Trademark Troll appeared first on Technology & Marketing Law Blog.

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Trademark Fair Use Settlement Blogging 145

Erik K Pelton

NOVEMBER 1, 2021

The following is an edited transcript of my video, Having Trademark Registration is Like Double Insurance for Your Brand. What does this have to do with trademarks?!? Trademark registration, believe it or not, is just like that insurance and that smoke detector and fire extinguisher for your brand.

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Registration Branding Brands Branding 147

Erik K Pelton

FEBRUARY 28, 2022

The following is an edited transcript of my video Trademark Registration: The Whole is Greater Than the Sum of Its Parts. And one very important application for our purposes is that when it comes to trademark registration and the protections created by it–the benefits created by it–the sum really is greater than the parts.

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Registration Trademark Registering Trademarks Branding 147

Technology & Marketing Law Blog

JUNE 8, 2024

In an April 2023 summary judgment ruling , the plaintiff established that it “possesses the legally protectable, incontestable trademarks TEXAS TAMALE and TEXAS TAMALE COMPANY.” The court said that the trademark owner had been using the trademark since 1985 and registered the trademark in 2006. ” Uh oh.

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Trademark Advertising Advertising False Advertising 129

Likelihood of Confusion

JUNE 22, 2024

Republished by Blog Post PromoterIt’s an art, not a science — like all litigation — and despite the best advice, well… there are some things, many of them in robes, you just can’t account for. But still, why not at least get the best advice?

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Trademark Art Blogging Litigation 98

Erik K Pelton

FEBRUARY 20, 2023

The following is an edited transcript of my video 3 Things I Learned in Law School That I Apply to Trademarks Every Day. and I was reflecting on some of the lessons that I learned in law school that I apply to my trademark work every day. You see this in opening arguments, closing arguments, or in trials and litigation.

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Trademark Law Branding Brands 147

Patently-O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]

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IP Watchdog

NOVEMBER 18, 2024

This case will undoubtedly impact the ability of third parties to use a brand’s trademark in artistic endeavors or the ability of brands to restrict the use of their trademarks by third parties, or both. District Court for the Southern District of New York.

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Trademark Branding Brands Branding 64

Erik K Pelton

FEBRUARY 11, 2025

If you get involved in a dispute at the USPTO’s Trademark Trial and Appeal Board (TTAB), one of the steps early on in the process of an opposition or a cancellation proceeding is the Discovery Conference. A case at the TTAB is a type of litigation before an administrative agency court. The possibility of settlement.

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IP Watchdog

MARCH 10, 2025

IPWatchdog has learned that Farheena Rasheed has been asked by the United States Patent and Trademark Office (USPTO) to serve as one of the Acting Vice Chief Administrative Patent Judges (APJs) at the Patent Trial and Appeal Board (PTAB). Rasheed will immediately move to the PTAB.

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Intellectual Property Law Intellectual Property Litigation Trademark 69

Patently-O

APRIL 14, 2022

In a recent filing, Brooklyn Brewery (Brewery) indicated plans to take its trademark opposition/cancellation case to the US Supreme Court. Brew Shop , but the question before the Supreme Court focuses on Brewery’s opposition to Brew Shop’s multi-class trademark registration application. by Dennis Crouch. Petition ].

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Trademark Registration Marketing Marketing 128

IP Watchdog

JANUARY 6, 2025

In Brazil, slogans are eligible for trademark registration, but their acceptance has historically been limited by strict requirements for distinctiveness and functionality. Slogans play a crucial role in branding, serving as memorable and important expressions of a companys identity.

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Trademark Branding Brands Branding 52

Technology & Marketing Law Blog

OCTOBER 5, 2023

Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net. ” That’s true.

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Trademark Fair Use Trademark Law Brands 133

Intellectual Property Law Blog

NOVEMBER 8, 2023

the Federal Circuit decided on whether the Trademark Trial and Appeal Board can cancel a trademark based on the inclusion of false statements in a declaration to obtain an incontestable status for the trademark. Background Great Concepts applied for and received trademark registration for DANTANNA’S, Registration No.

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Registration Trademark Litigation Law 264

IP Watchdog

APRIL 10, 2023

Just days after a complaint was filed against restaurant chain Sweetgreen by Chipotle Mexican Grill for trademark infringement, dilution, and deceptive business practices, Sweetgreen has changed the name of its offending product in order to reach possible settlement.

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Cease and Desist Trademark Registering Trademarks Settlement 126

IP Watchdog

MARCH 11, 2025

Pepperdine University, in an emergency motion filed one week before the shows release, asked the court to block the release due to trademark violations occurring within the series. The court denied the motion, and the series is now the number one TV show on Netflix as of this writing.

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Trademark Litigation IP 52

IP and Legal Filings

OCTOBER 26, 2023

Introduction Trademarks are an important division of Intellectual Property Rights (IPR) as it considerably contributes in identification and promotion of a product. A well- known trademark helps the consumers in spotting the difference between similar products by educating them about the product which results in informed choices.

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Cease and Desist Trademark Registering Trademarks Business 105

IP Watchdog

SEPTEMBER 11, 2023

Court of Appeals for the Third Circuit issued a precedential decision on trademark functionality doctrine in PIM Brands Inc. On September 7, the U.S. Haribo of America Inc.

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Trademark Registering Trademarks Branding Brands 132

SpicyIP

OCTOBER 14, 2024

The plaintiff claimed to have used the trademark “POLO” since 1967. The defendants were using the trademarks “POLO,” “POLO BY RALPH LAUREN,” and a device of a polo player for their footwear products, which closely resembled the plaintiff’s marks. Mrs Arti Gupta & Anr.

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Trademark Registering Trademarks IP Copyright 105

IP Watchdog

SEPTEMBER 13, 2024

an AI software company, has sued Google, LLC for trademark infringement, alleging that the rebranding of Google’s AI chatbot from BARD to GEMINI represents a “calculated decision to bulldoze over Gemini Data’s exclusive rights without hesitation.” Patent and Trademark Office (USPTO). Patent and Trademark Office (USPTO).

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Trademark Branding Brands Branding 115

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. Below is a selection of a few of those significant cases from the previous year.

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Trademark Trademark Law Law Government 119

IP Watchdog

MARCH 4, 2025

These denials included yet another Section 101 case seeking clarity on the courts two-step eligibility test and a suit seeking vacatur of a stipulated settlement for trademark infringement involving a fraudulently procured mark. Supreme Court denied petitions for writ of certiorari in several appeals involving intellectual property claims.

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Trademark Intellectual Property Settlement Patent 52

Technology & Marketing Law Blog

OCTOBER 17, 2022

GmbH has registered trademarks in the dictionary word “Emoji.” As I previously documented , Emojico has likely sued about 10,000 defendants for trademark infringement. This means the term “emoji” is generic with respect to the dictionary definitions and Emojico’s litigation empire should crumble.

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Trademark Fair Use Registration Licensing 124

Erik K Pelton

JUNE 10, 2023

Last week, Erik provided comments to the USPTO’s Trademark Public Advisory Committee regarding proposed changes (increases) to many trademark fees. Pelton & Associates, PLLC Regarding “Trademark Public Advisory Committee Public Hearing on the Proposed Trademark Fee Schedule” The following are comments provided by Erik M.

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Technology & Marketing Law Blog

APRIL 3, 2023

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. Jack Daniel’s contends this design infringes its trademarks and tarnishes its brand. VIP Products says its dog toy parody is expression protected by the First Amendment.

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Blogging Trademark Fair Use Trademark Law 116

IP and Legal Filings

DECEMBER 13, 2024

The Trade Marks Act, 1999 governs the use of trademarks in India. It concerns with the registration and protection of trademarks for products and services alike from being used deceptively, false marks. That, whether the respondent exploit the unfair advantage of the petitioner brands goodwill in the trademark application?

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