The IPKat

MARCH 4, 2025

Trade Marks Marcel Pemsel discussed the importance of considering potential red flags and red lines when choosing a trademark, highlighting often overlooked factors. Anastasiia Kyrylenko reported on the BPATG's decision to reject proposed amendments to the specifications of a Protected Geographical Indication (PGI).

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Design Designs Patent Drafting Fair Use 63

The TTABlog

MARCH 1, 2022

The Trademark Reporter has published its latest Annual Review of U.S. Trademark Cases: " The Seventy-Fourth Year of Administration of the Lanham Act of 1946 ," by Theodore H. and yours truly, John L. download pdf here ]. Read comments and post your comment here. Text Copyright John L.

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Reporting Trademark Trademark Law Publishing 73

Likelihood of Confusion

DECEMBER 21, 2024

Republished by Blog Post PromoterWe reported on Lego’s overreaching years ago here and here. They tried to use trademark rights as a way to protect the design of their toy and avoid competition. But that is not what trademarks are, much less what they are for. Originally posted 2014-02-26 09:43:40.

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Blogging Trademark Reporting Design 97

IP Law 360

JULY 26, 2023

Supreme Court weighed in twice on federal trademark law in the first half of 2023, ruling that Lanham Act provisions barring trademark infringement don't apply to foreign conduct and rejecting a circuit court's finding that a poop-themed dog toy version of Jack Daniel's whiskey bottle was protected by the First Amendment.

Trademark 75

Trademark Reporting Trademark Law Law 75

Indiana Intellectual Property Law

JANUARY 6, 2025

The company claims these products failed to meet their quality standards and did not include the official warranty, thereby violating trademark laws under the Lanham Act and constituting unfair competition. Despite receiving cease-and-desist letters, the defendants reportedly continued to sell non-genuine products.

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Cease and Desist Brands Branding Branding 52

TorrentFreak

JUNE 26, 2024

Reports seem to vary but if servicing a billion users each month sounds like a lot, TikTok is on a mission to push way beyond that. TikTok Says Creators Are Valued TikTok’s transparency report has been developing since its first release, covering the first six months of 2019.

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Copyright Notice Copyright Reporting Intellectual Property 112

SpicyIP

NOVEMBER 18, 2024

Alpino, WIPO’s report on diversification and economic development, and the dispute between Samsung and its trade union over the use of “Samsung” in the Union’s name. SpicyIP Intern Deepali Vashist discusses the key aspects of this report and its observation on India.

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Trademark Cease and Desist Music Copyright 105

43(B)log

JULY 25, 2024

And because the text of the alleged marks was similar (which will always be the case in any truthful reporting of former employment), and there was a disputed issue of fact about whether “former” and the like mattered, similarity weighed in favor of confusion.

Trademark Law 59

Trademark Law Trademark False Advertising Law 59

JIPEL Copyright Blog

DECEMBER 15, 2021

While these cases exemplify the tension between different brands and their trademarks, they also allude to the growing misalignment between the luxury fashion industry and trademark law. 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

The TTABlog

SEPTEMBER 10, 2021

In any case, here's the July-August 2021 issue of The Trademark Reporter (TMR). Bereskin , by Julian Bibb The reviewer of this book on the Canadian law of unfair competition finds that the author’s critical commentary and thoughtful observation make this one-volume treatise indispensable. pdf here ].

Reporting 49

Reporting Trademark Trademark Law Marketing 49

The TTABlog

DECEMBER 20, 2021

6) issue of The Trademark Reporter (TMR). In this Ladas Memorial Award-winning article, the author considers the potential for a “Wild West” of obscene, profane, and vulgar trademarks used and registered in the United States following the United States Supreme Court’s decisions in Matal v. pdf here ]. Tam and Iancu v.

Reporting 49

Reporting Trademark Trademark Law Publishing 49

TorrentFreak

JULY 17, 2024

That the loudest voices continue to import mountains of Chinese-manufactured goods, including items that in some cases violate copyright and trademark laws, serves to illustrate why differences on IP enforcement are likely to continue. Early March we reported on the work of Japan-based anti-piracy group CODA.

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Reporting Intellectual Property Cinema Advertising 121

JD Supra Law

SEPTEMBER 5, 2023

As we previously reported, in January of this year, the China National Intellectual Property Administration (CNIPA) published its Draft 5th Amendment to the Chinese Trademark Law.

Trademark 77

Trademark Intellectual Property Marketing Marketing 77

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. Patent Law . Technology Law . Copyright Law . Trademark Law .

Intellectual Property 80

Intellectual Property Litigation Editing Law 80

Intepat

MARCH 25, 2025

According to recent reports, the global fragrance industry is projected to be worth USD 53.4 CONCLUSION The rise of fragrance dupes highlights the vital role of trademark law in the protection of luxury perfume brands. billion in 2025.

Copying 59

Copying Branding Brands Branding 59

IP and Legal Filings

JULY 28, 2022

The history of the federal trademark law is almost as old as the Constitution. On July 8, 1870, the Federal Trademark was enacted as the first US Federal law to protect the trademarks. In its place, a trademark law on March 3, 1881, was enacted that targeted the trademarks used in interstate commerce.

Trademark 95

Trademark Registration Trademark Law Law 95

Erik K Pelton

MARCH 11, 2022

As a trademark law firm, we represent a wide array of clients but predominantly focus on helping small business owners protect their intellectual property. In recent years, trademark scams have proliferated and become increasingly problematic, particularly for small business owners. About Erik M. Pelton & Associates, PLLC.

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Government Business Trademark Blogging 147

SpicyIP

DECEMBER 2, 2024

Here is our recap of last week’s top IP developments including summaries of the posts on IPO’s patent application rejection of HIV drug Dolutegravir, another judgement in the long-running Section 3(k) saga, this time on the patentability of business methods and the DHC IPD’s Annual Report 2023-24. Anything we are missing out on?

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Invention Trademark Reporting Editing 52

LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”).

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

JD Supra Law

SEPTEMBER 17, 2024

When a renowned band like The Smiths breaks up, the fate of their trademark can become a contentious issue. Recently the former Smiths frontman, Morrisey, reported that guitarist, Johnny Marr had applied to register The Smiths trademark.

Trademark 63

Trademark Trademark Law Reporting Law 63

Kashishipr

SEPTEMBER 8, 2021

We know that brands try to make their trademarks as unique and distinctive as possible to attain the highest level of protection under the Trademark Law. ’ Common or generic terms are usually not protected under trademark law. ’ How are then these common words registered as a trademark?

Trademark 105

Trademark Registration Branding Brands 105

IP and Legal Filings

JULY 11, 2024

Step IV: Substantive Examination The second phase of the process where a trademark examiner considers the mark in light of all legal standards and most importantly, the distinctiveness of the mark and non-violation of the trademark laws. India: After examination report, only one month time allowed to reply.

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Registration Trademark Reporting Government 98

SpicyIP

MAY 3, 2023

This incident is an addition to the trail of misadventures that trademark practitioners have faced before the Registry and we thought it would be beneficial to invite an experienced practicing trademarks lawyer to share with us their insights on this and the state of affairs before the Registry in general.

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Trademark Reporting Contracts Registration 102

Likelihood of Confusion

OCTOBER 29, 2022

Michael Atkins reports that the colossus of American trademark law, J.T. Posted on July 25, 2007. McCarthy, is embarrassed by the narrow thinking of the Second Circuit Court of Appeals. The post Best of 2007: Second Circuit’s “narrowness” embarrasses McCarthy appeared first on LIKELIHOOD OF CONFUSION™.

Trademark Law 52

Trademark Law Reporting Trademark Law 52

JIPL Online

APRIL 7, 2021

[viii] This massive dichotomy in prices forces fans to choose between the Scylla of paying hundreds of dollars for a jersey to support their favorite team because of sports licensing monopolies, and the Charybdis of perpetuating trademark infringement by knowingly or unknowingly patronizing these shady, unregulated vendors. (ii)

Marketing 98

Marketing Marketing Licensing Trademark Law 98

The TTABlog

SEPTEMBER 6, 2023

The latest issue of the The Trademark Reporter includes a Commentary [pdf here ]. Thomas McCarthy on the fiftieth anniversary of the publication of his treatise, McCarthy on Trademarks and Unfair Competition. In this Trademark Reporter commentary, I respond." by Professor J. Supreme Court opinions. Congratulations!

Trademark 56

Trademark Trademark Law Reporting Copyright 56

SpicyIP

JANUARY 20, 2024

Before I dish out details, it needs to be highlighted that while IP research and teaching might have been lacking before the 2000s, the “scholarly” spirit in this field has been present nonetheless as evident from several judgments, articles (though very limited), parliamentary discussions, and reports like the Justice N.

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Government IP Intellectual Property Reporting 112

Biswajit Sarkar Copyright Blog

JULY 7, 2024

Last Thursday, June 27, 2024, the Center for Investigative Reporting (CIR) filed a lawsuit against OpenAI and its largest shareholder, Microsoft, in the U.S. District Court of Southern District of New York. The lawsuit accuses the tech giants of using CIR’s copyrighted material without authorization.

Copyright Infringement 40

Copyright Infringement Reporting Copyright Intellectual Property 40

Likelihood of Confusion

NOVEMBER 9, 2022

Public Citizen’s Paul Alan Levy reports: A few weeks ago, I commented on the efforts of mega law firm Jones Day to abuse trademark law to suppress articles it didn’t. The post Jones Day keeps chillin’ appeared first on LIKELIHOOD OF CONFUSION™.

Trademark Law 52

Trademark Law Reporting Trademark Law 52

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. by guest blogger Lisa P. Ramsey [Lisa P.

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Blogging Trademark Fair Use Trademark Law 116

SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. B) All forms of news reporting and news commentary. (C)

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Erik K Pelton

MAY 28, 2024

Mr. Pelton supervised the Trademark Clinic at Howard University School of Law from 2020 to 2024 and has been an adjunct trademark law professor at Georgetown University since 2023. 1] Moreover, according to a 2013 report from WIPO, small and medium-sized enterprises rely more heavily on trademarks than patents. [2]

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Registration Trademark Business Reporting 147

SpicyIP

FEBRUARY 9, 2025

Genesis of the Dispute According to this report on Mint (paywalled), the Lodha siblings (Abhishek and Abhinandan) parted ways in 2015. HoABL, on their website, has written this: However, there are reports that Abhinandan has acquired the American Centre property in South Mumbai and wants to develop it into a super-luxury residential project.

Branding 59

Branding Brands Branding Business 59

The IPKat

JANUARY 27, 2022

Kat friend Marijus Dingilevskis reminds us of this in reporting on a recent decision by the Lithuanian Supreme Court. On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products.

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Trademark Registration Marketing Marketing 138

IP and Legal Filings

SEPTEMBER 8, 2021

According to a report by Markets and Markets, the cryptocurrency market is expected to grow from USD 1.6 According to a report by Business Insider, more than half of the 100 largest banks in the world have already invested in crypto and blockchain-based companies. billion in 2021 to USD 2.2

Intellectual Property 94

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 94

IPilogue

DECEMBER 17, 2021

However, British artist Stuart Semple considers Tiffany Blue as being held captive through trademark law. Semple has been “liberating colours since 2016” , with previous paints replicating trademarked colours including International Klein Blue , T-Mobile Magenta , and Blackest Black.

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Trademark Social Media Art Ownership 111

The IPKat

MAY 11, 2024

The fruit industry news has been abuzz this week with reports that a new pineapple will soon be hitting the market in the United States. Unlike PVR law, however, trademark law imposes no obligations to maintain a direct link between a name and a plant. Merpel: now that’s a recipe for an expensive piña colada!]

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Trademark Registering Trademarks Marketing Marketing 110