Erik K Pelton

OCTOBER 21, 2021

The post What makes a trademark law 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.

Trademark Law 147

Trademark Law Trademark Law 147

Erik K Pelton

MARCH 11, 2024

There are a lot of trademark lawyers out there, and different firms can be a fit for different trademark owners depending on the client’s needs. Do they own trademark registrations of their own and practice what they preach? Do they have a laser focus on trademarks? Do they have former USPTO examiners on staff?

Trademark Law 130

Trademark Law Trademark Law Editing 130

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. Since the costume doesn’t have a mask or any accessories, from a copyright standpoint, it’s likely not breaking any laws. Trademark and Halloween Costumes. Bottom Line.

Trademark 279

Trademark Copyright Cease and Desist Copying 279

IP and Legal Filings

FEBRUARY 24, 2025

INTRODUCTION For a long time, logos, names, and jingles have been the mainstays of trademark law. A recent trend in branding, however, is the use of non-traditional trademarks such as haptic markings. In 2003, the firm’s trademark in Germany was protected due to its distinctive design. are two examples.

Trademark Law 52

Trademark Law Trademark Law Brands 52

Plagiarism Today

SEPTEMBER 30, 2024

The post The Bitter Trademark Battle Over WordPress appeared first on Plagiarism Today. Over the past week, Automattic has been battling WP Engine over WordPress-related issues. Here's what is going on.

Trademark 278

Trademark Plagiarism Trademark Law Law 278

SpicyIP

FEBRUARY 4, 2025

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. What followed was the plaintiff seeking a permanent injunction, restraining the defendant from infringing and passing off its trademark. Her previous posts can be found here. Images of Mahindra Zeo and Gensol Ezio.

Trademark 107

Trademark Marketing Marketing Trademark Law 107

Likelihood of Confusion

OCTOBER 21, 2024

Republished by Blog Post PromoterEver earnest and always thinking trademarkily, friend Erik Pelton proposes “Three Misconceptions about Trademarks”: Since I began working in the field of trademarks I have seen and heard a lot of myths and misconceptions about trademark protection.

Trademark 84

Trademark Blogging Trademark Law Law 84

JD Supra Law

OCTOBER 6, 2023

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 trademark law protect against?". By: Whitcomb Selinsky, PC

Trademark Law 110

Trademark Law Trademark Law Designs 110

IP and Legal Filings

JANUARY 8, 2025

Introduction Customs law and trademark law 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.

Trademark 59

Trademark Law Trademark Law Intellectual Property 59

JD Supra Law

JANUARY 2, 2023

A quick look at some of the most widely read Trademark Law updates and commentary published on JD Supra throughout 2022. By: Beacon Insights by JD Supra

Trademark Law 114

Trademark Law Trademark Law Publishing 114

JD Supra Law

JULY 1, 2024

Trademark law continues to be the cornerstone of brand identity. One concept that introduces a unique set of challenges in trademark law is “tacking.” Tacking is the ability of a trademark owner to modify their mark without forfeiting its priority status.

Trademark Law 97

Trademark Law Brands Branding Branding 97

JD Supra Law

MARCH 4, 2025

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 trademark law is more straight-forward. By: Flaster Greenberg PC

Trademark 66

Trademark Intellectual Property Law Intellectual Property Trademark Law 66

IPilogue

JANUARY 26, 2023

With the rise of significant non-fungible token (“NFT”) trademark disputes taking place in the United States, Canada is looking towards the outcomes of those cases in order to interpret Canadian trademark law in relation to NFTs. Nike argues that StockX told consumers that tokens would be redeemable for physical shoes.

Trademark Law 115

Trademark Law Non-Fungible Tokens Trademark Law 115

The TTABlog

OCTOBER 12, 2023

The Franklin Pierce Center for Intellectual Property at the University of New Hampshire Franklin Pierce School of Law invites you for its upcoming trademark law symposium, "Section Two Small: Exploring the New Constitutional Limits on Trademark Law" on Friday, November 3, 2023.The Full program here. Welch 2023.

Trademark Law 105

Trademark Law Law Trademark Intellectual Property 105

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? Catching wind of the furry MetaBirkin NFTs, Hermès filed a trademark infringement and dilution lawsuit against Mason Rothschild, the creator.

Trademark Law 105

Trademark Law Trademark Non-Fungible Tokens Law 105

Erik K Pelton

DECEMBER 8, 2022

The following is an edited transcript of my video “Can an Emoji Also Be a Trademark?” People often ask me, “Can I register an emoji as a trademark?” The purpose of trademark law is to indicate the source of a product or service. The post Can an Emoji Be Registered as a Trademark?

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Trademark Social Media Editing Trademark Law 182

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. 2 (March-April 2024). Read comments and post your comment here.

Trademark Law 75

Trademark Law Reporting Trademark Law 75

IP and Legal Filings

APRIL 7, 2025

All of these bring a new dynamism with them and, inevitably, challenges–and opportunities–in the field of intellectual property, most particularly trademarks. A trademark would be the asset that holds together a brand identity for a business, ensuring that its goods or services remain differentiated from others in the marketplace.

Trademark 59

Trademark Brands Branding Branding 59

JD Supra Law

FEBRUARY 28, 2025

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.

Trademark 66

Trademark Trademark Law Law 66

IP and Legal Filings

FEBRUARY 2, 2024

However, what would happen if business houses wanted to trademark the name of the god they worshipped? 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.

Trademark Law 98

Trademark Law Trademark Law Service Mark 98

JD Supra Law

AUGUST 8, 2024

Every month, Erise’s trademark attorneys review the latest developments at the U.S. By: Erise IP

Trademark Law 92

Trademark Law Trademark Law IP 92

Patently-O

MARCH 12, 2025

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 trademark law. Sazerac Brands, LLC , 2023-1682 (Fed.

Trademark 66

Trademark Registration Brands Branding 66

43(B)log

MARCH 19, 2025

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.

Trademark 52

Trademark Trademark Law Registration Registering Trademarks 52

Technology & Marketing Law Blog

MARCH 8, 2022

[Today, Betsy Rosenblatt, Rebecca Tushnet and I sent the following letter to Congress on behalf of 26 trademark academics (here’s a PDF version ). academics with expertise in trademark law. FN: Although the INFORM Act does not address directly trademark law, its provisions partially overlap with the SHOP SAFE Act.

Trademark 144

Trademark Trademark Law Law Blogging 144

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. The quick and short answer to “How can I protect a book title?”

Registering Trademarks 130

Registering Trademarks 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. By: Pillsbury - Propel

Trademark 108

Trademark Registering Trademarks Trademark Law Brands 108

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 108

Trademark Law Trademark Copyright Law 108

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

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 101

Non-Fungible Tokens Trademark Law Intellectual Property Law Trademark 101

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 113

Trademark Trademark Law Registration Brands 113

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. The concept of unconventional trademarks has a relatively short history.

Trademark 52

Trademark Intellectual Property Brands Branding 52

Erik K Pelton

SEPTEMBER 17, 2024

The following is an edited transcript of Chapter 12 of my book video Building a Bold Brand: Using and Choosing Trademark Counsel I get asked all the time, “Can I file a trademark application by myself?” Does your practice handle other types of cases, or is it focused on trademarks? How many trademarks have you registered?

Trademark 130

Trademark Registering Trademarks Editing Trademark Law 130

Erik K Pelton

SEPTEMBER 16, 2022

The following is an edited transcript of my video Do I Need a Lawyer to File a Trademark Application? It is not technically required that you have a lawyer if you are domiciled in the United States when you’re filing a trademark application, but it is strongly recommended. You see, it’s complicated.

Trademark 147

Trademark Editing Trademark Law Business 147

Patently-O

JUNE 29, 2022

Coca-Cola holds the trademark rights in India, but not in the USA. 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.

Trademark 121

Trademark Trademark Law Brands Branding 121

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 110

Trademark Trademark Law Patent Law 110

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

IP Watchdog

APRIL 4, 2022

On February 14, 2022, the China National Intellectual Property Administration (CNIPA) issued a notice regarding “clout-chasing” trademark applications or registrations (the “Notice”). Similar bad-faith trademark applications have not been uncommon throughout CNIPA’s history.

Trademark 111

Trademark Intellectual Property Trademark Law Registration 111