Intellectual Property Law Blog

DECEMBER 15, 2023

Medtronics filed five IPR petitions using the ’355 patent as the primary prior art reference under pre-AIA 35 U.S.C. § (“VSI”), asserted that the claimed invention of the challenged patents was conceived in early 2005.

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Erik K Pelton

JULY 23, 2024

You’ve sent several to your trademark attorney for consideration and you’re ready to make a final decision. Some brands and trademarks are entitled to greater protection than others. Descriptive trademarks may sometimes be registered, but are generally afforded less protection. Why do I suggest suggestive marks?

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Erik K Pelton

OCTOBER 16, 2023

The following is an edited transcript of our video Trademark Refusal: Genericness. Once you apply for a trademark at the USPTO, there are numerous grounds on which your mark can be refused registration, one of which is a claim that your mark is generic.

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JD Supra Law

AUGUST 16, 2024

Trademark lawyers are often asked: “What’s the difference between a trademark and a service mark?” In general, a trademark refers to a brand name used in connection with goods, while a service mark is one that is used in connection with the provision of services. By: Seyfarth Shaw LLP

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Trademark Service Mark Branding Branding 117

Erik K Pelton

OCTOBER 8, 2024

Many people misuse them to refer to an entire category of goods: All tissues are not Kleenex® brand! Some brands simply use the term “Brand” after their brand name or trademark for the same purpose. A brand name that becomes generic is less profitable, less valuable, and less protected under the law.

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Trademark Branding Branding Brands 130

SpicyIP

JUNE 17, 2022

Revlon, however, has a more direct connection with India in the trademark sense. The Trade Marks Registry (TMR) lists Revlon and its related brands as ‘well-known’ trademarks in India since 1997. The commercial implications of being declared a well-known trademark are tremendous. v Sarita Manufacturing Co., 1997 PTC 394.

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IP and Legal Filings

DECEMBER 17, 2024

Abstract In the changing landscape of intellectual property law, Trademarks have gone beyond the traditionally used symbols, names, logos to enhance the non-traditional identifiers. Unlike conventional trademarks that primarily use visual elements, non-conventional trademarks engage multiple senses to foster brand recognition.

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SpicyIP

JANUARY 20, 2025

Hasaram And Sons on 13 January, 2025 (Delhi District Court) The plaintiff, a firm selling Ayurvedic medicines, sought a permanent injunction restraining the defendants from infringing their copyright and trademark and passing off of trade dress. The plaintiff used the registered trademark Nayan Jyoti for their most popular product.

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Registering Trademarks Trademark Registration IP 102

Intepat

DECEMBER 4, 2024

Introduction Trademarks serve as identifiers of the source of goods or services, traditionally encompassing logos, names, and slogans. However, as markets grow increasingly innovative, non-traditional marks have emerged, referred to as unconventional trademarks. A landmark case was the U.S. registration of NBC’s chimes.

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IP and Legal Filings

DECEMBER 16, 2024

The fashion industry sector extends beyond simple trademarks, such as logos or brand names, but rather includes characteristics, including colour palettes, product forms, or even the structure of physical store spaces. For instance, red soles for Christian Louboutin became a trademark of luxury shoes, while the colour per se was not unique.

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IP and Legal Filings

NOVEMBER 27, 2024

Some of these unconventional forms of trade mark registrations are explained below: Olfactory/Smell Trademarks An olfactory trade mark is an instance wherein, the scent/smell of a product is usually registered. Exploring the world of Unconventional Trademarks first appeared on IPLF. 1 (01), Dec 2020, pp. January 18, 2023.

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IP Watchdog

NOVEMBER 29, 2023

Several attorneys associated with patent monetization firm IP Edge are being referred to their state disciplinary bars, the Texas Supreme Court's Unauthorized Practice of Law Committee, the U.S. district court without disclosing the interests of IP Edge, which stood to gain 90% of the gross recovery from the asserted patents.

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IP Litigation Trademark Patent 98

Erik K Pelton

MAY 20, 2024

TTAB hearings can be important tools in a trademark dispute or appeal at the USPTO. Here are my key tips: Know the rules of the Trademark Trial and Appeal Board (TTAB): the rules for evidence, for the case, and for the hearing. The following is an edited transcript of my video 4 Tips for a TTAB Hearing.

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Trademark Editing Law 130

IP and Legal Filings

MARCH 10, 2025

The tech giant flashed in the news again in the trademark dispute with Gurugram-based fraudulent call centre company Retnec Private Limited. Background of the case Microsoft is well-known and recognisable brand by their many products and services among masses and have registered trademarks around the globe including India.

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Trademark Intellectual Property Branding Branding 52

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

SpicyIP

AUGUST 22, 2022

We are pleased to bring our readers a guest post by Abhijay Srekanth and Vivek Basanagoudar on interaction of trademarks with free speech. Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute. Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice.

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The Illusion of More

FEBRUARY 13, 2025

That title riffs on the term of art in trademark law known as likelihood of confusion.

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Patently-O

OCTOBER 8, 2021

In Australia, the term “ugg boots” refers to a general style of sheepskin shoe with the fleece turned in for warmth. It is a generic term, and not a trademark – in Australia. ” UGG is a registered trademark in the USA, now owned by Deckers Outdoor Corp. by Dennis Crouch. Petition ].

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Trademark Registering Trademarks Licensing Design Patent 136

IP and Legal Filings

NOVEMBER 1, 2023

Frank Schechter which says that a common (Generic) name can be registered by anyone, but no one has the exclusive right to that trademark, For instance, the renowned brand Apple has its trademark registered under various classes but the word ‘apple’ diluted under class 29 of the food category.

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Trademark Registering Trademarks Branding Brands 105

Technology & Marketing Law Blog

DECEMBER 9, 2022

Someone has referred you here because you’ve said something wrong about the laws related to web scraping in the United States. You’ve Been Referred Here Because You’re Wrong About The First Amendment.” Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel. Don’t worry!

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Blogging Law Contracts Cease and Desist 131

Olartemoure Blog

FEBRUARY 10, 2024

THE SUPER BOWL TRADEMARK in 1969 In 1969, the NFL trademarked “Super Bowl”. Since then, it has made a conscious effort to enforce this trademark. In 1969, the NFL trademarked “Super Bowl”. The National Football League (NFL) , organizers of the event, have created and grown the brand of the Super Bowl to what it is today.

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IP and Legal Filings

JULY 9, 2024

INTRODUCTION A trademark can be registered for the purpose of securing diverse graphic and non-graphic unique symbols and indicia to distinguish the products or services of a trader from that of others. This article discusses the domain of trademark registration, which is useful for businesses and individuals in order to protect their brand.

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Trademark Registration Branding Brands 98

IP and Legal Filings

AUGUST 29, 2023

Can their names be officially protected under trademark laws?At At first, it might seem a little confusing as Trademarks are like- ‘special signs’ that help us know where products or services come from. Trademarks must have a distinguishing capacity and must be ‘distinctive’ in itself. Jitender V. Jain and Anr.,

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Trademark Trademark Law Law Advertising 98

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

SpicyIP

AUGUST 8, 2024

In an interesting turn of events, the plaintiff in a trademark infringement suit had to face the wrath of the Delhi High Court for submitting false evidence and got criminal proceedings instituted against them on the directions of the Court. By Rishabh Deshpande How does a trademark infringement case go from civil to criminal in nature?

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IIPRD

MARCH 13, 2025

With so many IPs available trademarks, patents, copyrights, and more – how can you choose the right one for your work, product, or business? Intellectual Property refers to any intangible asset or property originated from the human intellect. Trademarks are governed by the Trade Marks Act, 1999 in India.

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SpicyIP

AUGUST 31, 2023

Image from here Smells like Luxury, Does it cost a Trademark Battle? Ishant Jain The rise of comparative advertising in the perfume industry (for instance see here and here ) sparks debate on issues of potential trademark infringement and disparagement. We will explore the relevance of this further ahead in this post.

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The IPKat

NOVEMBER 3, 2024

Only what its 'Similarity Tool'—the instrument it uses to compare goods and services in trademark proceedings—declares seems to be of significance to the Office. To support this, the applicant referred to the Similarity Tool, contending that, according to this tool, win and gin are similar. 000055634 ). 003196752 ).

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IP and Legal Filings

APRIL 13, 2023

A trademark is used to set one trader’s products and services apart from another. Trademark means: A trademark is a right that is granted for a letter, number, word, phrase, sound, smell, shape, logo, picture and/or aspect of packaging. The more successful a business is the more valuable the trademark becomes.

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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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IP and Legal Filings

OCTOBER 28, 2023

Introduction The Trademarks Act of 1999 introduced trademark dilution. The use of trademarks helps a company set itself apart from its rivals’ products and services. A feature of trademark law known as trademark dilution gives the brand owner exclusive rights to the mark, providing them a strong and recognisable trademark.

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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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IP and Legal Filings

OCTOBER 18, 2024

Introduction The case revolved around the unauthorised use of the Infosys trademark by Southern Infosys Limited. This is an important ruling that underscores the importance of trademark protection and issues of infringement. Plaintiff’s Arguments The Infosys trademark has been used since 1981.

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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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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. The trademark registrations discourage that outcome. ” (Raise your hand if you’ve ever seen Emojico-branded patient safety restraints).

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TorrentFreak

JANUARY 27, 2025

Patent and Trademark Office ( USPTO ) organized an anti-piracy symposium where several experts discussed recent achievements, new challenges, and potential solutions. They openly advertise themselves through billboards and register for trademarks, as Magis TV recently did. They’re registering for trademarks. If the U.S.

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Technology & Marketing Law Blog

JULY 9, 2023

The EU IPO denied a trademark registration for the following symbol in various real estate-related classes: The trademark examiner determined that the symbol means “I love you” in American Sign Language (ASL). Others refer to the symbol as “ILY,” and Emojipedia refers to it as the “Love-You Gesture.”

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