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In this article, we review a number of notable Canadian trademark cases from 2024 and highlight key developments in Canadian trademarks practice. On February 5, 2025, join us for an insightful webinaras wedeliver a roundup of Canadian trademarklaw, highlighting some of the most important new cases and practice directions from 2024.
The post What makes a trademarklaw firm successful? The things that make up our firm as a whole include people, experience, education, practicing what we preach, and much more. We constantly nourish a feed each of these inputs to grown and evolve. We believe that makes what we offer to our clients unparalleled.
Learn more about our experience at: [link] The post TrademarkLaw Firms – Measuring the Competition appeared first on Erik M Pelton & Associates, PLLC. Are they invested in providing pro bono services and giving back to those who may not have the resources available to do it on their own?
INTRODUCTION For a long time, logos, names, and jingles have been the mainstays of trademarklaw. A recent trend in branding, however, is the use of non-traditional trademarks such as haptic markings. Tactile marks, to benefit fully, require international harmonization of trademarklaws. Trademark – India.
If you are in business and use a word, phrase, symbol, design, or any combination of these to identify your goods or services, you have a trademark and need to consider "What does trademarklaw protect against?". By: Whitcomb Selinsky, PC
A quick look at some of the most widely read TrademarkLaw updates and commentary published on JD Supra throughout 2022. By: Beacon Insights by JD Supra
Trademarklaw continues to be the cornerstone of brand identity. One concept that introduces a unique set of challenges in trademarklaw is “tacking.” Tacking is the ability of a trademark owner to modify their mark without forfeiting its priority status.
Here's what copyright and trademarklaw 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.
The Franklin Pierce Center for Intellectual Property at the University of New Hampshire Franklin Pierce School of Law invites you for its upcoming trademarklaw symposium, "Section Two Small: Exploring the New Constitutional Limits on TrademarkLaw" on Friday, November 3, 2023.The Full program here.
A new Supreme Court decision may mean some major changes for trademarklaw 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.
February 6, 2025 Erik M Pelton & Associates, PLLC (EMP&A), a leading trademarklaw firm dedicated to protecting brands, is proud to announce the successful registration of U.S. This patent represents just one of many ways the firm is committed to enhancing client experiences and delivering exceptional trademark services.
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.
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 trademarklaw, even if they are not strictly prohibited. DB) [9] AIR 2016 SC 461 [10] MANU/MH/1859/2017 [11] W.P.(C).
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.
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 TrademarkLaw - 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 (..)
2023 was an active year in Canadian trademarklaw. 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.
Supreme Court unanimously vacated a nearly $43 million award in a trademark dispute that raised the question of whether a defendants affiliates could be held liable for payment of a disgorged profits award even if they were not named as defendants in the case. By: Fox Rothschild LLP
Introduction Customs law and trademarklaw operate at a crucial interface when it comes to protecting intellectual property rights (IPRs) and against counterfeiting. The Trademarks Act, 1999, gives trademark protection to the identity of brands.
While much has been written on the subject of copyright law and the numerous gray areas that will need to be addressed by the U.S. Copyright Office, Congress, and the courts in the next decade fortunately, the application of GenAI to trademarklaw is more straight-forward. By: Flaster Greenberg PC
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
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.
This presentation will cover key updates in copyright and trademarklaw, the impact of artificial intelligence, new guild agreements, recent California legislation, the evolving right of publicity, and notable defamation cases.
One of the most effective ways to protect your brand and all that it owns, including distinctive features, is through the registration of a trademark. Trademarklaw grants legal protection of your business name, logo, or slogan against other individuals using the same with regard to protection over intellectual property.
Loh deliver a roundup of Canadian trademarklaw, highlighting some of the most important new cases and practice directions from 2024. Join us for an insightful session as our presenters Pelle Berends, Tierney G.B. Deluzio, Meika Ellis and Kwan T. These are the key cases and legal developments that brand owners ought to know.
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.
March 12, 2025) In an interesting trademark decision, the Federal Circuit has clarified that terms once considered generic do not necessarily remain permanently unregistrable. provides important guidance on genericness timing and addresses a question of first impression in trademarklaw.
However, that setbackdid not dissuade him from continuing to push against trademarklaw limitations. Recently, the USPTO issued a trademark registration certificate for his sensory mark. Republished by Blog Post PromoterFrom Dennis Crouch: Carl Oppedahl lost his case to register themark patents.com.
On December 27, 2024, the Korean National Assembly passed a proposed amendment to the Trademark Act (Amendment) which will be enacted six months following the date of promulgation. Originally published by Kim & Chang. By: Dorsey & Whitney LLP
As a result, religious independence and mother-tongue/linguistic independence are highly valued in these countries, and are the context by which the morality of trademarks within the borders of these countries are assessed. Each sought to create a space where their cultural and religious identities were represented fairly.
.” In other words, they sought to establish (using centuries-old chattel-based theft doctrines rather than trademarklaw) 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.
Best Patent Book Terrell on the Law of Patents, 20th edition Sweet & Maxwell by Andrew Waugh KC, Douglas Campbell KC, Tim Austen, Tom Hinchliffe KC, Tom Mitcheson KC (reviewed by The IPKat here ) Best Copyright Book The Routledge Companion to Copyright and Creativity in the 21st Century Routledge eds.
For instance, they need to research the target countries in terms of the legal and market conditions; understand local trademarklaws and requirements; and seek professional help in order to navigate potential pitfalls. To get a complete benefit of the Madrid Protocol, companies need to be strategic.
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.
In October, 2023, Korea passed a new trademarklaw to add flexibility to its strict trademark registration requiring that later-filed marks need to be completely unique from existing senior marks.
This year has seen a bonanza of significant trademark decisions, including several high- profile decisions from the Supreme Court. trademarklaw, yet in most cases returned to basic principles of trademarklaw to resolve the open issues.
To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademarklaw apply to costumes. Halloween costumes sit at an interesting and muddled intersection between copyright and trademarklaw. Copyright and Halloween Costumes. Bottom Line.
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 trademarklaw.
Though the merits of the first to use system in trademarklaw may be debatable, in case of marks that are not arbitrary (like ZEO abbreviating Zero Emission Option), timely market positioning becomes a critical factor in decision-making. This might be a lesson for several entities prodding into novel markets.
The purpose of trademarklaw 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.
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.
In trademarklaw, 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
For startup founders, navigating the complexities of trademarklaw 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.
academics with expertise in trademarklaw. The SHOP SAFE Act represents one of the most significant proposed reforms of trademarklaw 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 trademarklaw.
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