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This is because average consumers do not usually presume the origin of products based on their shape or packaging in the absence of any graphic or textual elements, and it may therefore be more difficult to establish distinctive character for a pattern or a three-dimensional mark than for a word or figurative mark.More recent case law, such as Alkim v EUIPO (R 2037/2023-4), which concerned the registrability of daisy-shaped dough for pizza and pasta dishes, also illustrates that… [read post]

IPKat - http://ipkitten.blogspot.com/

June 7, 2024: A SCOV Divided

9 Jun 2024, 9:39 am by Andrew Delaney

problem to SCOV to figure out. [read post]

Supreme Court of Vermont Law Blog - http://scovlegal.blogspot.com/

TIL: “Texas Tamale” Is an Enforceable Trademark–Texas Tamale v. CPUSA2

8 Jun 2024, 6:39 am by Eric Goldman

Trademark policymakers should scrutinize this case to figure out how and where the system failed those consumers. [read post]

Technology & Marketing Law Blog - http://blog.ericgoldman.org/

That Robot Took My Voice: Scarlett Johansson and the Right of Publicity

7 Jun 2024, 7:38 am by Holly

In Midler v. [read post]

Dunlap Bennett & Ludwig Blog - https://www.dbllawyers.com/blog/

Fool’s errand with fallacies in administrative essentiality checking

7 Jun 2024, 6:12 am by Keith Mallinson

As stated by the judges’ decisions in Unwired Planet v Huawei and TCL v Ericsson, respectively: “Based on my assessment of both experts, I am sure the disagreement represents cases in which reasonable people can differ. [read post]

IP Finance - http://www.ip.finance/?m=1

So Near and Yet So Far: Charitable Life After Death

5 Jun 2024, 9:01 pm by Joanna L. Grossman and Lawrence M. Friedman

It is arguably a necessary power in order to meet the contingencies that arise over time.In the leading American case, Jackson v. [read post]

Verdict - http://verdict.justia.com/

[David Bernstein] Is an American of Indian Descent Raised in Iran and Who Held Iranian Citizenship Indian or Iranian for Affirmative Action Purposes?

5 Jun 2024, 8:10 am by David Bernstein

Many of those cases wound up being cited in Justice Gorsuch's concurring opinion in SFSA v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

TTAB Sustains Nike's Confusion and Dilution Claims Against "DON'T JUST DO IT, GET IT DONE" for Clothing

5 Jun 2024, 4:00 am

Nike, Inc. v. [read post]

The TTABlog - http://thettablog.blogspot.com/