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.

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Trademark Intellectual Property Settlement Patent 52

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

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

IP Watchdog

APRIL 25, 2023

What was not a part of these discussions were the implications to Fox’s trademark, FOX NEWS®. million settlement and the subsequent departure of Tucker Carlson—it could cost their name and brand. Claims of defamation, damages of $1.6 This case, even though it just settled, may have just cost Fox News a lot more than the $787.5

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Trademark Settlement Branding Brands 124

IP and Legal Filings

JANUARY 30, 2022

The Respondent secured federal trademark registration for “Get Lucky” in 1986, and the Petitioner commenced offering garments employing the registered trademark “Lucky Brand” and term “Lucky” a few years later, in 1990. The post Trademark Infringement Get So “Lucky” first appeared on IPLF.

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Trademark Branding Brands Branding 105

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

JD Supra Law

AUGUST 31, 2021

Court of Appeals for the Second Circuit clarified the legal standing of trademark settlement agreements and upheld agreements prohibiting a competitor’s use of a trademarked term in keyword search advertising.

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Advertising Advertising Trademark Settlement 98

Patent Trademark Blog

APRIL 17, 2023

Trademark Opposition Cost: Can a precise estimate fit all TTAB cases? Before we discuss cost factors, recognize that a precise trademark opposition cost is both unrealistic and unhelpful in most cases. You can think of a TTAB trademark opposition as a mini-litigation between the opposer and the trademark applicant.

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Trademark Settlement Litigation Blogging 95

IP Law 360

OCTOBER 22, 2021

A Manhattan federal judge heard Friday that "epic" settlement talks over two years have failed in what could be a big-dollar trademark infringement battle between sportswear giant Adidas and clothier Thom Browne over striped athletic gear and shoes.

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Settlement Trademark 75

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. How extensively do they discuss the risks? There’s plenty to discuss.

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Trademark Advertising Advertising Litigation 119

Patent Trademark Blog

FEBRUARY 1, 2023

Do you even need a trademark lawyer? Nowadays, there are so many options for filing a trademark application with the USPTO. Just like anything else on YouTube, you can even find do-it-yourself videos on filing trademark applications. With all this free advice readily avaiable, why do you even need to choose a trademark attorney?

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Trademark Due Diligence Blogging Settlement 98

IP and Legal Filings

FEBRUARY 6, 2023

They entered into a trademark war over the common starting syllable ‘THE’ as both the outlets deal with identical goods and services. THEOS’ acknowledged ‘THEOBROMA’ as the owner of the trademark and agreed to not use the mark ‘THEOBROMA’ in any manner.

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Trademark Settlement Business Branding 98

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

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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Trademark Advertising Advertising Settlement 110

TorrentFreak

AUGUST 1, 2022

This far-reaching measure appears to have paid off as both parties have just informed the Virginia federal court that a settlement has been reached. While the settlement terms will remain private, a few details have been shared in public. Settlement With Blocking Requirements. As in previous lawsuits against VPN.ht No Logging!

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Settlement Confidentiality IP Advertising 144

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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Cease and Desist Trademark Litigation Intellectual Property 98

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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Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Patently-O

APRIL 4, 2023

Apple Computer Company was founded in the mid-1970s and almost immediately sued for trademark infringement by Apple Corps (the parent company of Apple Records). The two eventually reached another settlement that transfers substantial rights over to Apple Inc. It also filed to register a trademark on the mark.

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Music Registration Trademark Settlement 111

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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Trademark Advertising Advertising False Advertising 98

IP Watchdog

JANUARY 18, 2023

Engagement in proactive IP litigation by global companies is the bedrock of trademark enforcement, and Adidas is no stranger to this strategy. Since 2008, this athleisure accessories manufacturer has consistently protected its intellectual property by signing over 200 settlement agreements and fighting more than 90 court battles.

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Intellectual Property Settlement Litigation Trademark 122

Plagiarism Today

MARCH 31, 2022

Along with that judgment now comes some $14 million in damages, most of it for copyright infringement but $250,000 of it for the use of the “Popcorn Time” trademark. However, LiquidVPN never responded to the case, prompting the court to issue a default judgment against them.

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Music Plagiarism Copyright Licensing 246

IP Law 360

MARCH 5, 2024

The parties in a long-running trademark dispute involving the Connecticut-based pizza chain Colony Grill, which twice was delivered to the Second Circuit, have permanently dropped their claims against each other in the wake of a recent settlement.

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Settlement Trademark 45

IP Law 360

AUGUST 28, 2024

Patent and Trademark Office must give its attorneys' union a copy of any settlements it reaches in cases involving the attorneys' work conditions, but the agency does not have to let the union review those settlements in advance, an arbitrator held.

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Settlement Copying Trademark Patent 52

Trademark and Copyright Law Blog

OCTOBER 17, 2022

Matters relating to copyright, trademark and advertising law give rise to some special ethical considerations. Oaths filed with the Patent and Trademark Office, and who should sign them. Negotiating settlement of advertising-related competitor suits and class actions. Ethical duties are paramount in any legal practice.

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Advertising Advertising Trademark Copyright 75

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. The court says that trademark law: permits the use of trade names as long as referencing other brand names does not confuse consumers and is not deceptive.

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IP Advertising Advertising Trademark Law 141

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. Unfortunately, that’s standard operating procedure in trademark cases. WhenU (2d Cir. Case citation : 1-800 Contacts, Inc. Jand, Inc. ,

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Trademark Advertising Advertising Blogging 111

TorrentFreak

SEPTEMBER 14, 2021

A settlement proposal included a clause that Tusa couldn’t launch or be involved with any similar services. While Area 51 was shut down before the proposed settlement was signed, the plaintiffs claim that Tusa then launched a clone service called SingularityMedia which took on Area 51’s customers. It later disappeared.

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Settlement Cease and Desist Confidentiality Television 144

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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Advertising Advertising Trademark False Advertising 98

IP Watchdog

JUNE 27, 2023

Patent and Trademark Office’s (USPTO’s) Advance Notice of Proposed Rulemaking (ANPRM) on “Discretionary Institution Practices, Petition Word-Count Limits, and Settlement Practices for America Invents Act Trial Proceedings before the Patent Trial and Appeal Board [PTAB]” was Tuesday, June 20. patent system.

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Settlement Patent Invention IP 129

Plagiarism Today

AUGUST 11, 2021

Instead, fashion designers have relied heavily on trademarks to protect their work. In November 2019, Versace filed a lawsuit against fast fashion company Fashion Nova for violating its trademarks and copyrights. The two sides reached a settlement mere days before the trial was set to begin.

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Plagiarism Design Designs Copying 264

TorrentFreak

NOVEMBER 29, 2021

In a complaint filed at a Seattle federal court last June, Bungie accused AimJunkies.com of copyright and trademark infringement, among other things. This deadline was extended twice, as the parties indicated they were engaged in constructive settlement discussions. Settlement Discussions & Default. Bungie Sued AimJunkies.

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Settlement Copying Copyright Trademark 139

IP Law 360

MAY 13, 2024

million trademark loss over its use of the color purple and eventually settled the suit is likely violating that settlement, an Illinois federal judge said Monday, though he held off formally ruling so the parties could work out the issue. A shower building material maker that suffered a $5.5

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Settlement Trademark 98

IP Law 360

APRIL 11, 2024

to disqualify an attorney representing a former president of the organization in an appeal over a trademark suit settlement, rejecting its argument that the lawyer's time serving the group should prevent him from guiding its former leader. The Eleventh Circuit on Thursday denied a request from Gold Star Wives of America Inc.

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Settlement Trademark 98

BYU Copyright Blog

SEPTEMBER 2, 2022

Seuss"), the successor to the author's intellectual property interests, filed suit against ComicMix LLC, the creator of the mashup, for both copyright and trademark infringement. Seuss Enterprises, L.P.

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Settlement Fair Use Intellectual Property Copyright Infringement 52

SpicyIP

FEBRUARY 17, 2025

Granules India, the Delhi HC recorded a settlement after Granules’ undertaking for exemption under Section 107A a.k.a Case Summaries Astellas Pharma Inc vs Astellaz Pharmaceuticals on 3 February, 2025 (Delhi High Court) The suit was filed seeking relief of permanent injunction restraining the defendant from infringing its trademark.

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Trademark Copyright Registration Personality Rights 59

IP Law 360

APRIL 25, 2022

A California federal judge has approved a manufacturer's settlement in Nike's trademark infringement suit over two designers' counterfeit sneakers, giving the go-ahead to an agreement that bans the imitation of Nike shoe designs and the retailer's signature swoosh.

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Design Designs Settlement Trademark 98

SpicyIP

AUGUST 9, 2023

Data on the pendency and disposal of applications and oppositions are extremely crucial to understand the effectiveness of the Indian Patent Office and the Trademarks Registry. Of this 24 thousand+ disposals and settlements, 16438 (i.e. Total 54,990 notices of opposition were issued by the Trademark Registry that year.

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Trademark Reporting Settlement Publishing 98