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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Olartemoure Blog

FEBRUARY 3, 2023

It is important to highlight that appeals against SPTO resolutions in nullity and revocation proceedings that terminate administrative proceedings, will be the jurisdiction of civil courts and not of the administrative litigation courts, as was previously the case.

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Kashishipr

MARCH 2, 2022

What happens after you get your mark registered as a trademark? Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Furthermore, it will also never enforce your trademark rights on your behalf.

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Registering Trademarks Trademark Registration Trademark Law 105

Technology & Marketing Law Blog

JULY 26, 2022

I’ve often wondered about the conversations that take place between trademark owner and counsel before filing a keyword advertising lawsuit. You can have a court declare your trademarks weak or invalid so they are less valuable than when you started. ” The additional cost of LVSA’s litigation choices?

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Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 3, 2022

Fish & Richardson is pleased to announce that the firm has been named a “Law Firm of the Year” for Litigation – Intellectual Property and Litigation – Patent in U.S. News & World Report – Best Lawyers “Best Law Firms” 2023 edition. Litigation – Intellectual Property . Litigation – Patent .

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Technology & Marketing Law Blog

FEBRUARY 16, 2022

Edible Arrangements objected to Google selling its trademark to trigger keyword ads. They filed a trademark lawsuit in 2018 but abandoned the suit when it got sent to arbitration. to see if it could find some soft spot in Georgia state law. However, Edible invoked theft law and disavowed consumer confusion.

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IP Advertising Advertising Trademark Law 141

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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Traverse Legal Blog

JULY 14, 2022

There are three distinct elements necessary to establish a trademark infringement claim; use, in commerce and likelihood of confusion. Once you have determined that your trademark is likely being infringed, there are a few different enforcement options you can pursue. Were you using your trademark before the alleged infringer?

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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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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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Trademark Trademark Law Intellectual Property Law Publishing 101

IPilogue

SEPTEMBER 17, 2021

This article was originally written as a requirement for Victoria Burke and John Begakis’ course on Fashion Law. Trademark Infringement / Anti-Dilution – Nike v Warren Lotas. Nike wasted no time and quickly filed a trademark infringement and anti-dilution lawsuit. Trademark Infringement – Nike v MSCHF.

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Trademark Branding Brands Branding 105

IP and Legal Filings

FEBRUARY 20, 2023

Thus, there is an unmistakable similarity between domain names and trademarks, which is why domain names have been granted trademark recognition and protection. Reliance is also a registered trademark, and as such, it is protected from trademark infringement.

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Trademark Registering Trademarks Registration Trademark Law 98

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.

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Blogging Trademark Fair Use Trademark Law 116

Copyright Lately

OCTOBER 20, 2024

But that was a sideshow to the airline’s more substantial trademark claims and allegations of consumer confusion. The court denied summary judgment on American’s trademark infringement and unfair competition claims, citing unresolved factual issues. Skiplagged’s disclosures about “hidden city” ticketing.

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IP and Legal Filings

SEPTEMBER 12, 2024

INTRODUCTION Section 29 [1] of the Trademark Act, 1999 , defines infringement as: “Trademarks infringement occurs if an unauthorized party makes use of a registered trademark in a way that is likely to lead to confusion about the origin of the product.” FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign

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IP and Legal Filings

MARCH 30, 2023

Introduction In the conventional sense, trademark law requires the mark to essentially be a word or a logo. However, there have been significant advancements in the interpretations of trademark law over the years, with one such advancement being protection of fictional characters under trademark law.

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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.

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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.

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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

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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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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SpicyIP

NOVEMBER 23, 2021

We are pleased to bring you a guest post from Payal Saraogi, on a recent decision of the Delhi High Court on Google’s use of trademarks as advertisement keywords. Payal has graduated from the School of Law, Christ University in 2020, and currently practices as a disputes lawyer. Google India Private Limited and others.

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Trademark Advertising Advertising Trademark Law 105

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.

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Trademark Law Trademark Law Branding 52

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.

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Trademark Law Marketing Marketing Trademark 52

Intepat

DECEMBER 6, 2022

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. There have been various landmark judgements which have not only highlighted cardinal principles of trademark law but have also given a nuanced understanding of how Courts interpret statutory trademark provisions.

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IP and Legal Filings

FEBRUARY 7, 2023

This demonstrates the succinctness and simplicity of the Metaverse’s trademarking mechanism. Their rights will be protected thanks to the metaverse brands’ trademarks. By deterring rip offs, trademarks safeguard a company’s identity and the repute of its brand(s), especially in the Metaverse.

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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.

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Technology & Marketing Law Blog

MARCH 13, 2022

LVSA sued Groupon for trademark infringement. Melwani sued Amazon for trademark infringement, dilution, and more. With respect to the trademark claim, the court says the Ninth Circuit’s Multi-Time Machine v. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. Purchaser Care.

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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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Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. The trademark owner memorably (and ridiculously) characterized the rival as engaging in “keyword conquesting,” a term I encourage you never to use. The court already sent that trademark claim to the jury ( my blog post on that ruling ).

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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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SpicyIP

SEPTEMBER 28, 2023

DRS , explaining the Court’s approach towards determining whether the use of a mark as a keyword will amount to trademark infringement or not. Nivrati is an IP lawyer based in Delhi and is a graduate of Institute of Law, Nirma University Ahmedabad. Views expressed here are those of the author’s alone.

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The IP Law Blog

JULY 14, 2022

Ohio State University recently made Intellectual Property headlines by managing to procure a trademark registration for the word THE. Before we get into the significance of OSU’s trademark application, I think it is important to provide some background information. But is it really that big of a deal? In my humble opinion, it is not.

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Technology & Marketing Law Blog

OCTOBER 9, 2024

Whatever legal ambiguity might have existed then has been decisively resolved, at least with respect to competitive keyword ads that don’t use the trademark in the ad copy. Courts almost never found trademark infringement in those cases, but it was only in the last decade that we started to get opinions saying this bluntly and clearly.

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Technology & Marketing Law Blog

JUNE 29, 2022

17 years later, I’m still blogging their ignoble trademark lawsuits. Some “highlights” of 1-800 Contacts’ trademark jurisprudence over the years: 1-800 Contacts v. misinterpreted the law of competitive keyword ads for many, many years. WhenU (2d Cir. This accords with the uncited Habush case.

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SpicyIP

SEPTEMBER 11, 2023

underscored that there is a need to supervise or govern patent and trademark agents. This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents. Interestingly, the same has also been raised earlier by Prashant , Aparajita , and Praharsh.

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Likelihood of Confusion

JULY 9, 2022

Trademark litigators and enforcement people (especially in anticounterfeiting) frequently analogize to the War on Drugs. The post Trademark infringement: Just say no appeared first on LIKELIHOOD OF CONFUSION™. You can’t really ever stop the flow of fake Vuitton bags, but there’s supposedly some.

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