Plagiarism Today

NOVEMBER 7, 2023

Here's what copyright and trademark law say about what is next. The post Copyright, Trademark and the Future of Zero Punctuation appeared first on Plagiarism Today. The long-running YouTube series Zero Punctuation has come to an abrupt end.

Trademark 270

Trademark Copyright Plagiarism Trademark Law 270

IP and Legal Filings

FEBRUARY 2, 2024

As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited. DB) [9] AIR 2016 SC 461 [10] MANU/MH/1859/2017 [11] W.P.(C).

Trademark Law 98

Trademark Law Trademark Law Service Mark 98

JD Supra Law

JANUARY 30, 2024

2023 was an active year in Canadian trademark law. Notable changes also emerged from the Canadian Trademarks Office. Additionally, many trademark fees increased by 20-35%. Canadian Courts addressed a wide range of issues, from licensing to comparative advertising to co-branding.

Trademark Law 76

Trademark Law Trademark Law Advertising 76

IPilogue

OCTOBER 17, 2022

Jamaica seems to be just one of many jurisdictions without a searchable online trademark database. Loophole or fair strategy? One concern is that smaller companies in the U.S. without the means to exploit this method cannot enjoy this competitive advantage as technology giants could.

Trademark Law 119

Trademark Law Trademark Law Privacy 119

The TTABlog

MAY 2, 2024

The Trademark Reporter has published its "Annual Review of European Trademark Law," with contributions from an impressive roster of authors from across Europe. The volume may be downloaded here.

Trademark Law 75

Trademark Law Reporting Trademark Law 75

IPilogue

NOVEMBER 15, 2022

Does this count as an artistic expression protected under First Amendment rights of expression and speech, or is it a trademark infringement upon a beloved fashion icon? Nancy Chen is an IPilogue Writer and a 2L JD/MBA Candidate at the University of Toronto. Imagine a Birkin bag – an iconic, timeless piece that arguably embodies luxury.

Trademark Law 105

Trademark Law Trademark Non-Fungible Tokens Law 105

Plagiarism Today

JUNE 8, 2023

A new Supreme Court decision may mean some major changes for trademark law and might seem eerily familiar to those who have been watching. The post Poop Jokes, Jack Daniel’s and Trademark appeared first on Plagiarism Today.

Trademark 205

Trademark Plagiarism Trademark Law Law 205

JD Supra Law

AUGUST 8, 2024

Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Suit Against Prime Hydration Highlights Olympic Trademark Law - It happens once every four years, when the world’s elite athletes come together to wow us with their superhuman feats in summer sports … and trademark lawyers (..)

Trademark Law 95

Trademark Law Trademark Law IP 95

JD Supra Law

FEBRUARY 20, 2024

Trademarks protect indicators of source. Can a creative work also act as a trademark? Copyrights protect creative works. Yes, and the character of Mickey Mouse as portrayed in Disney’s animated classic Steamboat Willie is a perfect case study in the concept of overlapping protections. By: Amundsen Davis LLC

Trademark Law 112

Trademark Law Trademark Copyright Law 112

JD Supra Law

DECEMBER 22, 2023

Earlier this year, the China National Intellectual Property Administration (CNIPA) released a Draft Amendment to its Trademark Law which, although not yet finalized, could result in significant changes to trademark applications and rights enforcement. By: Neal, Gerber & Eisenberg LLP

Trademark Law 72

Trademark Law Trademark Law Intellectual Property 72

JD Supra Law

JANUARY 16, 2023

NON-FUNGIBLE TOKENS AND TRADEMARK INFRINGEMENT: WHERE DOES THE LAW STAND? StockX, LLC, Nike filed a trademark infringement lawsuit against StockX, LLC, an online resale sneaker retailer, in February 2022 in the U.S. District Court for the Southern District of New York.

Non-Fungible Tokens 102

Non-Fungible Tokens Trademark Law Intellectual Property Law Trademark 102

JD Supra Law

APRIL 9, 2024

The UK Court of Appeal has for the first time chosen to diverge from a decision of the Court of Justice of the European Union ("CJEU"), making use of the powers given to it following the UK's exit from the European Union. By: Jones Day

Trademark Law 82

Trademark Law Law Trademark 82

JD Supra Law

MARCH 21, 2023

Dear Readers, Last month again saw some interesting decisions, which we have compiled for you in the current issue of TRADEMARK INSIGHT. Below you will find our summaries of decisions of the BPatG, the EUIPO Boards of Appeal and the EUGC.

Trademark 98

Trademark Trademark Law Law 98

JD Supra Law

DECEMBER 28, 2023

In October, 2023, Korea passed a new trademark law to add flexibility to its strict trademark registration requiring that later-filed marks need to be completely unique from existing senior marks.

Trademark 122

Trademark Intellectual Property Trademark Law Registration 122

IP Watchdog

DECEMBER 26, 2023

This year has seen a bonanza of significant trademark decisions, including several high- profile decisions from the Supreme Court. trademark law, yet in most cases returned to basic principles of trademark law to resolve the open issues.

Trademark 119

Trademark Trademark Law Law Government 119

43(B)log

JULY 25, 2024

Portkey Tech. Venkateswaran, 2024 WL 3487735, No. 23-CV-5074 (JPO) (S.D.N.Y.

Trademark Law 59

Trademark Law Trademark False Advertising Law 59

Technology & Marketing Law Blog

FEBRUARY 16, 2022

.” In other words, they sought to establish (using centuries-old chattel-based theft doctrines rather than trademark law) that a trademark owner has the unrestricted right to shut down anyone using their trademarks, even if no consumers are harmed. to see if it could find some soft spot in Georgia state law.

IP 141

IP Advertising Advertising Trademark Law 141

JD Supra Law

NOVEMBER 7, 2023

As the renewable energy sector continues to experience significant growth and attract emerging companies, it becomes essential for entrepreneurs and business owners to understand the legal landscape surrounding trademarks and potential bankruptcy issues.

Trademark Law 80

Trademark Law Trademark Intellectual Property Law 80

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.

Trademark 118

Trademark Intellectual Property Trademark Law Publishing 118

Erik K Pelton

DECEMBER 8, 2022

The purpose of trademark law is to indicate the source of a product or service. Because we use it in a variety of different manners—and extensively—we believe that it is a trademark usage. Just using it as an emoji for messaging communications on a phone is going to be much more challenging.

Trademark 182

Trademark Social Media Editing Trademark Law 182

JD Supra Law

JUNE 19, 2024

In a landmark decision written by Justice Clarence Thomas, the Supreme Court has unanimously upheld the constitutionality of the Lanham Act’s provision that prohibits the registration of trademarks consisting of, or comprising the name of, a particular living individual without the individual’s written consent.

Trademark Law 66

Trademark Law Trademark Registration Law 66

JD Supra Law

JUNE 7, 2024

In trademark law, the general rule is that, where two parties seek to use the same trademark in the same geographic area, the earlier (“senior”) user has rights superior to those of a subsequent (“junior”) user. By: AEON Law

Trademark 113

Trademark Trademark Law Patent Law 113

Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Halloween costumes sit at an interesting and muddled intersection between copyright and trademark law. Copyright and Halloween Costumes. Bottom Line.

Copyright 252

Copyright Trademark Cease and Desist Copying 252

Technology & Marketing Law Blog

MARCH 8, 2022

academics with expertise in trademark law. The SHOP SAFE Act represents one of the most significant proposed reforms of trademark law that Congress has contemplated in years, and it will likely reshape e-commerce in unwanted ways. The SHOP SAFE Act would do this by fundamentally changing trademark law.

Trademark 144

Trademark Trademark Law Law Blogging 144

JD Supra Law

AUGUST 13, 2024

the Supreme Court will decide whether the disgorgement of profits of non-party corporate affiliates is appropriate in calculating damages under federal trademark law (i.e., Dewberry Engineers Inc., the Lanham Act). By: Amundsen Davis LLC

Trademark 113

Trademark Trademark Law Law 113

Erik K Pelton

NOVEMBER 26, 2024

Blogs are a service, even if they are not for profit and have no income-producing sales or advertising, and blog names can be protected by trademark law and blog names can be registered as trademarks with the USPTO. Trademark Tips for Blog Owners Be creative. Make it stand out.

Blogging 130

Blogging Trademark Social Media Trademark Law 130

JD Supra Law

AUGUST 12, 2024

In trademark law, the concept of distinctiveness is central to protecting your brand and ensuring it stands out in the marketplace. Understanding the levels of trademark distinctiveness can help startup founders make informed decisions when selecting and registering trademarks.

Trademark 111

Trademark Registering Trademarks Trademark Law Branding 111

JD Supra Law

AUGUST 31, 2023

In our previous article, Protecting Your Brand: A Primer on Canadian Trademarks, we touched upon the beginning stages of a trademark application and considerations such as, "Should I register my trademark?" and "Is the trademark available?" Obtaining a registered trademark is only half the battle in protecting your brand.

Trademark Law 80

Trademark Law Trademark Registering Trademarks Branding 80

IP Watchdog

APRIL 4, 2022

In fact, clout-chasing, a specific type of bad-faith trademark application, has become much more prevalent in recent years. In response, CNIPA has issued a number of notices refusing such malicious trademark applications, especially since the April 2019 amendment of the Chinese Trademark Law.

Trademark 111

Trademark Intellectual Property Trademark Law Registration 111

JD Supra Law

JANUARY 6, 2022

The use of a trademark in commerce is an important aspect of U.S. trademark law; however, an increasing number of trademark registrations have been obtained and maintained for marks that are not in use in U.S. This year kicked off with new tools to help brand owners protect and enforce their marks. By: Jones Day

Trademark 112

Trademark Trademark Law Registration Branding 112

Erik K Pelton

JULY 1, 2024

But, when it comes to the law trademarks, everything’s complicated with a lot of variables, and there are ways to work around it. A book title cannot technically be protected under trademark law, unless it is the title for a series of multiple books.

Registering Trademarks 130

Registering Trademarks Trademark Social Media Trademark Law 130

Technology & Marketing Law Blog

MARCH 6, 2024

I’m also left wondering about possibly divergent applications of copyright and trademark law to print-on-demand services. In yesterday’s ruling, the plaintiff got virtually all of the inferences stacked in their favor, but that plaintiff emphasized trademark law.

Copyright 119

Copyright Trademark Law Publishing Copyright Infringement 119

JD Supra Law

AUGUST 8, 2024

For startup founders, navigating the complexities of trademark law is essential for protecting your brand. These are formal disputes aimed at challenging an application or registration for a trademark. An important aspect of this process involves understanding opposition and cancellation proceedings.

Trademark 98

Trademark Trademark Law Registration Branding 98

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.

Trademark Law 111

Trademark Law Trademark IP Blogging 111

Patently-O

JUNE 29, 2022

A case like this begins with the territorial doctrine of trademark law: Under the territoriality doctrine, a trademark is recognized as having a separate existence in each sovereign territory in which it is registered or legally recognized as a mark. law that trademark rights in the US require that the mark be used in the US.

Trademark 121

Trademark Trademark Law Branding Branding 121

JD Supra Law

MARCH 24, 2023

On March 21, 2023, the Supreme Court heard oral arguments on whether federal trademark law applies to trademark infringement occurring outside the United States. The case that has brought this issue to the court is Abitron Austria GmbH v. Hetronic International, Inc. By: White & Case LLP

Trademark Law 98

Trademark Law Trademark Law 98

IP Watchdog

JANUARY 14, 2022

The International Trademark Association (INTA) has made an amicus submission before the EU Court of Justice (CJEU) in a case concerning parallel imports and EU trademark law. In the case at hand, Harman, which makes audiovisual equipment, brought trademark infringement proceedings in Poland against AB, a distributor.

Marketing 126

Marketing Marketing Trademark Trademark Law 126