Shift Law P.C. - Trademark, Copyright & IP Litigation Lawyers’ Post

I mean, OF COURSE I had some thoughts on this one …👇🏻👠 Great article by Annelise Gilbert for Bloomberg Law. Thanks for including me! #trademarklaw #fashionlaw #fashionlawyer #dgfashionlawyer

Trademark dilution involves diminishing a well-known/famous trademark’s distinctiveness through unauthorized use. Key types of dilution include blurring, tarnishment, and free-riding, with laws varying globally. Consequently, understanding global legal frameworks and defenses (such as establishing distinctiveness and prior use of the mark) is crucial for effectively protecting trademarks in international markets.   𝐑𝐞𝐚𝐝 𝐡𝐞𝐫𝐞: https://lnkd.in/gT65DRmV 𝐀𝐮𝐭𝐡𝐨𝐫: Parag Singhal #trademark #ip #legaladvice #law #lawyer #intellectualproperty #ahlawatassociates

It’s not often that the procedure of obtaining and maintaining #IP rights makes it into mainstream news, but the BBC reports this cautionary tale about trade mark renewals and qualified representation. Appointing a qualified trade mark attorney to handle your application and then to act as address for service through the lifetime of your trade mark is always the safest option. For example, you or your business may move address or be snowed under with other concerns (like a global pandemic), but an appointed attorney will keep on top of things and not allow renewals to be unintentionally missed. Qualified trade mark attorneys can also provide great advice to get the best protection that is right for your business. I’m very fortunate to be with a full-service IP law firm so that my clients can get easy access to excellent trade mark attorneys, IP solicitors and our in-house IP renewals service, even if they initially engaged my colleagues and I for obtaining patent rights. #trademarks #intellectualproperty https://lnkd.in/eqNYKi8R

Louboutin faces a challenging decision as it navigates trademark law and potential political implications. Protecting their trademark is crucial, but taking action against Trump's use of their iconic red soles could have consequences. Read more about this complex situation here: https://lnkd.in/gHYuKeG9

Uncover the beauty and value of #ColorTrademarks in this captivating blog post by Intellectual Property attorney Christopher Proskey! From John Deere's legendary green and yellow to Pink Panther pink, learn how trademarking colors can safeguard your brand's identity. Dive into the world of trademark law and don't miss out on protecting your true colors! #BeBoldBeWise #BrownWinick

The most relevant legal protection brands have for their trademarks is something called the first sale doctrine. As Benjamin Thompson, managing partner of Thompson LLP and Parsons School of Design adjunct professor, explains: "It means that once the legitimate item leaves the trademark holder's hands, it's up to the consumer what to do next. But if the item has a trademark on it, and if that item is somehow materially altered [or significantly changed from its original state], you can't necessarily resell it, at least not without disclosing that [it's altered]." https://lnkd.in/gfbyG_Zz

Your TM Selection Process Often, top stakeholders take the lead in choosing a trademark or service mark, particularly word marks (as opposed to logos). Too often though, they learn that that name they love is flawed, and it could even be lost. Imagine launching a product and delivering the news that you need to rebrand - OUCH! Here is how you can plan to avoid that painful experience. 1. Choose a list of TMs everyone loves Collect a list of your TM darlings from each stakeholder, up to 10. Just in case you have a TM that holds risks of loss, you need a backup plan. Have all stakeholders build a TM priority list with other marks you can love just as much. 2. Search each TM on the list, remove tainted darlings Just a quick knockout search will reveal the availability of your mark. This will quickly determine which TMs are available in your product or service class. 3. Engage TM counsel to analyze potential risks TMs can be invalidated for a number of reasons beyond confusion with other marks. A mark can be held invalid for being descriptive of a good for example. Stakeholders often want a mark that literally sells the product, but this can lead to a descriptive mark. For example, "Shooz" for selling shoes is phonetically the same as the good. Such a mark could theoretically bar shoe stores from using the term "shoes". The best TMs are ones that are truly unique and non-descriptive. They are harder to invalidate, and stronger for building a brand around them. TM counsel can help with these and other potential issues with your darlings. 4. Choose your new darling TM within your risk tolerance All TMs have risks, a rare few are clean and incontestable. 5. Perform a formal exhaustive search on your new darling TM Robot searches can find every instance of your TM, including federal, state and foreign uses of your TM terms. Your report will have a prioritized list of risky word marks. This will give you almost absolute visibility over any risks to your darling TM. 6. File for TM protection  TMs are geographic in the nature of their protection. You should consider where your goods will be sold, manufactured or otherwise used to mark your goods or services. 7. Monitor public use of your TMs  Finally, you need to monitor your TMs for any unauthorized uses. This will target infringers, new applications for TMs that might be confusing to customers, disparaging statements, and other risks to your brand. Remember, nobody will do this for you. You need to be diligent in protecting your brand. Otherwise, your risk knockoffs and damage to your brand that you cannot control or resolve. Please feel free to reach out to us if you have any questions or need guidance or services to help protect your brand. Dave Stevens Stevens Law Group www.stevenslawgroup.com  dave.stevens@stevenslawgroup.com M(408)288-7588

"Dustin Marlan's analysis of 'Service Dress' in trademark law challenges the concept of 'tertium quid' and calls for a reevaluation of protectability. A thought-provoking read for IP enthusiasts. #TrademarkLaw #ServiceDress #IntellectualProperty"

Vanity in Litigation: Lessons from the Louboutin vs. YSL Case. The legal dispute between Christian Louboutin and Yves Saint Laurent serves as a clear lesson on the pitfalls of pursuing litigation when the core differences between brands are evident. Louboutin's red soles, known globally for their distinct brand element, differed from YSL’s monochromatic red shoes, yet the case escalated to court, yielding little practical outcome. The only real winners were the legal teams involved. This case shows that litigation should be driven by substance, not vanity. Young lawyers can learn an important lesson here; when the differences are obvious and the impact on the market is minimal, legal battles may only waste resources. Instead, they should focus on meaningful, impactful cases instead of pursuing litigation for its own sake. For further reading on the Christian Louboutin v. Yves Saint Laurent trademark case, including key legal concepts and lessons for young lawyers, please visit my site, where you will find a detailed analysis of the case. https://lnkd.in/gUbRh3v3