Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. Amazon The post Print-on-Demand Services Face More Legal Woes–Canvasfish v.

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The IPKat

SEPTEMBER 15, 2022

Initially, neither the 1992 Law on Trademarks, Service Marks and Designations of Origin , nor the 1992 Patent Law , had provided that putting patented or trademarked goods onto the market within Russia exhausted IP rights.

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Chicago IP

FEBRUARY 28, 2022

Trademark Law: A powerful branding program that combines a strong trademark or service mark and a memorable advertising and marketing campaign. Copyright Law: An important and original work of authorship, in the literary, musical, visual, dramatic or other arts. Nominees can be individuals, groups or corporations.

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Intellectual Property Law Intellectual Property Service Mark Invention 52

IP and Legal Filings

DECEMBER 18, 2022

Trademarks are used to distinguish one person’s goods and services from that of others. It is many types, for example, service mark, proprietary mark, product mark, collective mark, word mark. certification mark etc. The plaintiff manufactured and market it under the trade mark AZIWOK.

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The TTABlog

JUNE 21, 2021

Opposer James Barnard claimed prior use of the mark MANDALA for business consulting and branding services, and alleged likelihood of confusion with the Applicant's proposed mark MANDALAEVERYWEAR for marketing consulting services. The was fatal to his priority claim and so the Board dismissed the opposition.

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IP and Legal Filings

FEBRUARY 2, 2024

Introduction A mark represents the institution or company to which it belongs and serves as a means of differentiating goods or services among individuals. Marks can be of various types i.e., word marks, service marks, logos, symbols, series marks, etc [1]. In Freudenberg Gala Household Ltd v.

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The TTABlog

OCTOBER 6, 2022

13th DuPont Factor Saves Four "GAIA" Marks For Supplements From Section 2(d) Refusal Precedential No. 26: TTAB Denies "HAPPIEST HOUR" Cancellation Petition for Failure to Prove Priority Via Technical or Analogous TM Use TTABlog Test: Is "THE CHIRO PLACE" Confusable With "THE CHIRO SPOT" for Chiropractic Services?

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IP and Legal Filings

JUNE 8, 2022

The renown it gains helps ameliorate your competitive stride in the market. The Paris Convention, 1883- Patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications, and the repression of unfair competition are all covered by the Paris Convention, which was enacted in 1883.

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LexBlog IP

FEBRUARY 28, 2022

Trademark Law: A powerful branding program that combines a strong trademark or service mark and a memorable advertising and marketing campaign. Copyright Law: An important and original work of authorship, in the literary, musical, visual, dramatic or other arts. Nominees can be individuals, groups or corporations.

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Intellectual Property Law Intellectual Property Service Mark Invention 40

IP and Legal Filings

JULY 24, 2023

Content marked as “editorial use only” is not cleared for commercial use, ensuring compliance with legal and ethical standards, particularly in cases involving celebrities, people without consent, and trademarks, logos and service marks.

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IP and Legal Filings

OCTOBER 30, 2022

Similarly, registering trademarks is based on a first-to-file (or first-to-use, depending on the country), so rights holders should consider how to obtain patent and trademark protection before introducing their products or services to the Philippine market. government cannot enforce rights for private individuals in the Philippines.

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Trademark Intellectual Property Registration IP 98

Kashishipr

JULY 27, 2022

IP, undoubtedly, has a vital role to play in establishing the worth of a company in the industry by carrying its innovation, product value, and brand value and safeguarding its brand name in the market. This type of merger transaction helps increase the market size of the business. Understanding Mergers. Understanding Acquisitions.

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The TTABlog

OCTOBER 10, 2023

The similarities in the marks and the goods, "Opposer’s history of renaming and restructuring itself, combined with Opposer’s prior ownership of Applicant’s brass division, industry norms concerning legal entity changes," outweighed any purchaser sophistication. KME Germany GmbH v. Zhejiang Hailiang Co.,

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43(B)log

OCTOBER 11, 2022

Boston Carriage’s principals voluntarily shared their business knowledge with Boston Suburban, including Boston Carriage’s business and marketing strategies and its online presence.” Boston Suburban registered the domain name “logan-car-service.com.”

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The TTABlog

OCTOBER 20, 2023

The appellate court noted that a party may try to show that it acquired proprietary rights in a mark as a result of “prior use analogous to trademark or service mark use.” Since Appellants had conceded that there was a likelihood of confusion, the Board ruled in Andrusiek's favor on his Section 2(d) claim.

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The TTABlog

FEBRUARY 7, 2024

An ownership dispute arose between the group and Streetwise Records, the record company that produced and marketed the group’s first albums. The group owns the service mark. There, a singing group began performing for nominal amounts of money in the Boston area under the name New Edition. "An

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Intepat

MAY 29, 2024

” The “Claiming User Date” category pertains to trademarks that are already in use by the applicant in the market, while the “Proposed to be Used” category applies to trademarks or service marks that are for future use.

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IP and Legal Filings

AUGUST 3, 2023

Typically, the marks that are informative or descriptive of the product, or those which convey a message that is commonly used, or is generally used to express religious, political or social views, etc, may face rejection based on failure to function. Marks consisting of designs or patterns may also be rejected as a failure to function.

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IP and Legal Filings

JUNE 9, 2022

The key differences between the two are: Definition – Trade mark is A trademark is an intangible asset that alludes to any form of visual representation be it a word, symbol or phrase which establishes and distinguishes the products or goods manufactured by a company.

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DuetsBlog

SEPTEMBER 8, 2020

In this case, the applied-for mark is a commonplace term, message, or expression widely used by a variety of sources that merely conveys an ordinary, familiar, well-recognized concept or sentiment.

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Intepat

SEPTEMBER 27, 2024

Obligation of e-commerce platforms to offer complete seller’s information: Legal Basis There are legislations governing the IPR protection in e-commerce platform which create an obligation to the intermediaries to address the issue regarding seller data disclosure and IPR protection in the digital marketplace: Trade Marks Act, 1991 : As per S.

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Intellectual Property IP Trademark Copyright 52

The TTABlog

JANUARY 17, 2024

The Board noted that "circles, like other basic shapes featured in trademarks or service marks, are not generally considered particularly distinctive." Nor did California put its advertising expenses "in context," i.e., in comparison with the expenditures of other banks.

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The TTABlog

SEPTEMBER 15, 2021

The Services: The Board found applicant’s “clearing and reconciling financial transactions” and “currency exchange services” to broad enough to encompass opposer’s “providing … electronic exchange markets for trading, clearing, confirming transactions and other services in the field of commodity futures, options and other derivatives.”

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LexBlog IP

JUNE 14, 2023

The Alabama Code has a similar list of protectable interests. The general counsel’s memorandum challenges what legitimate business interests might constitute sufficient “special circumstances” to justify post-employment restrictions.

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Confidentiality Business Intellectual Property Service Mark 52

Garrigues Blog

SEPTEMBER 14, 2022

The Royal Warrant, which, as we said, allows holders to display the Royal Arms of the United Kingdom on their products, marketing communications, in their premises and on commercial vehicles, automatically lends prestige to a brand and most assuredly boosts the sales of those companies known as “official suppliers” of the British Crown.

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IP and Legal Filings

SEPTEMBER 21, 2021

More specifically, several market research studies have noted that the introduction of trade dress protection has significantly benefited and furthered the food and beverage industry. The Lanham Act, also known as the Trademark Act of 1946 is the US Federal Statute that regulates trademarks, service marks, and unfair competition.

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Traverse Legal Blog

NOVEMBER 17, 2024

Its better to determine, a little bit later, rather than never, what risks and liabilities you have in connection with your current and existing use of a particular trademark or service mark. Protect Brand Uniqueness: They help ensure that a chosen brand name effectively distinguishes the business in the market.

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The TTABlog

JUNE 1, 2023

Inherent Distinctiveness: The Supreme Court's decision in Two Pesos , involving the decor of a Mexican restaurant, established that "adornments in a building structure" may be protectable as a service mark." With regard to Factor 4, applicant's sales numbers lacked context as to market share or their significance in the industry.

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IP Whiteboard

NOVEMBER 18, 2020

A smartnumber®, or phone word, can be a valuable marketing tool if it is a highly patterned number, for example, 1800 222 222, or if it can be translated into a memorable phoneword, for example, 13 2287 (13 CATS). For example, the majority of the Panel in Inbound Telecommunications Pty Ltd, Phonename Marketing Australia Pty Ltd v.

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Brands Branding Branding Business 40

43(B)log

OCTOBER 24, 2023

The Giant agreement provided that the service mark “JADE” would be held exclusively by the Jade Group, that at no time would more than one member of the Jade Group appear on a non-Jade Group recording, and that no additional members would be added to the Jade Group without Giant’s consent. as ‘work for hire.’” . §43(a)

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The IPKat

MAY 8, 2023

Subsequently, the German Supreme Court denied an infringement claim in Opel-Blitz II (discussed here ), given the specifics of the German model toy market and the relevant public’s perception of the trade marks used on model cars. Background The plaintiff Dachser SE (‘Dachser’) is a logistics company.

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Biswajit Sarkar Copyright Blog

JANUARY 29, 2021

According to Lifestyle Equities, BHPC products that were lawfully made, advertised, and distributed in the United States with the permission of the US rights owner are being marketed and sold by Amazon in the United Kingdom and the European Union, which is a kind of counterfeiting.

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Trademark Intellectual Property Brands Branding 59

Biswajit Sarkar Copyright Blog

JANUARY 29, 2021

According to Lifestyle Equities, BHPC products that were lawfully made, advertised, and distributed in the United States with the permission of the US rights owner are being marketed and sold by Amazon in the United Kingdom and the European Union, which is a kind of counterfeiting.

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Corsearch

AUGUST 30, 2023

The EU trademark agency, formerly known as the Office for Harmonization on the Internal Market (Trade Marks and Designs) or OHIM. What is a European Union Trade Mark (EUTM)? The applicant must file a statement of use documenting actual use of the mark in commerce to get it registered. E What is EUIPO? See also goods.

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LexBlog IP

SEPTEMBER 29, 2022

They are marketed through different, yet related, channels of trade (sports and entertainment, which were melded together as ESPN’s original name ). The TMEP lists ‘a series of tones or musical notes’ and ‘wording accompanied by music’ as two examples of potentially registrable forms of sound marks.

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IP and Legal Filings

NOVEMBER 7, 2024

Trademark refers to any sign, logo, word, phrase, or design that identifies and distinguishes the source of goods or services from others in the market. Service Marks: Such marks identify services rather than products, like hotels, restaurants, or educational services. What is a Trademark?

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