The TTABlog

JULY 5, 2023

The Board rendered a split decision in this opposition to registration of the mark EVOGUE for a wide variety of consumer electronic devices and accessories, tossing out Opposer Advance Magazine's Section 2(d) claim but partly upholding its dilution claim, based on the registered mark VOGUE for, inter alia , magazines and mobile phone software.

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Registration Trademark Ownership Advertising 52

Above the Fold

MAY 27, 2021

s registration for the trade dress of a gun barrel (as shown below) on grounds of de jure functionality under Section 2(e)(5). 23, 58 USPQ2d 1001, 1006 (2001) (quoting Inwood Labs., In view of this analysis the TTAB cancelled the Registration under Section 2(e)(5). Opinion, at p. 37 (citing TrafFix Devices, Inc. 10 (1982))].

Registration 52

Registration Designs Design Patent 52

LexBlog IP

JANUARY 11, 2023

The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Registration of a mask work with the Copyright Office provides certain legal benefits, including the ability to bring a lawsuit for infringement of the mask work. Registration of a Mask Work.

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Registration Designs Design Copying 40

LexBlog IP

MARCH 15, 2024

Though the term “rose gold” is commonly used today, references to “red gold” continue; from 2001 to 2017, the Wristwatch Annual included more than 1,300 references to “red gold” by fifty-three different watchmakers.” ” Plaintiff alleged that it has used the mark RED GOLD on watches since 1989.

Fair Use 52

Fair Use Social Media Trademark Advertising 52

SpicyIP

AUGUST 16, 2023

On July 5, the Delhi High Court dismissed an appeal by PepsiCo India Holdings against an order passed by the Protection of Plant Varieties and Farmers’ Rights Authority in 2021, thereby effectively revoking Pepsico’s registration of the FL 2027 potato variety. a group company of Pepsi Inc.

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Registration Settlement Branding Brands 98

The IPKat

NOVEMBER 21, 2023

Background In 2001, Diego Armando Maradona, widely regarded as one of the best football players of all time, submitted an application to register the word mark DIEGO MARADONA (the Mark) as an EUTM in classes 3, 25 and 42, in respect of a range of services. The Mark eventually registered in 2003 (the Registration).

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Registration Ownership Intellectual Property Contracts 67

Garrigues Blog

JANUARY 25, 2023

How does the registration process work? Once the examination period is over, the opposition period begins, consisting of a two-month term during which third parties may submit observations or oppose the registration of the application. How long does a Spanish trademark registration last?

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Trademark Registration Trademark Law Ownership 52

LexBlog IP

DECEMBER 15, 2021

2001), the Court concluded that Section 504(b) permits a copyright owner to recover actual damages, in appropriate circumstances, for the fair market value of a license covering the infringing use. . § Although registration of a U.S. On Davis v. Gap, Inc. , 3d 152, 159 (2d Cir. See generally Fitzgerald Publ’g Co.

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Copyright Infringement Copyright Licensing Registration 52

Intepat

APRIL 23, 2024

This principle was firmly established by the Supreme Court of India in the landmark decision of Cadila Health Care Limited vs. Cadila Pharmaceuticals Limited (2001). This oversight means there is no effective mechanism to prevent the registration of fraudulent or deceptively similar names for medicinal products.

Branding 52

Branding Brands Branding Trademark 52

SpicyIP

JANUARY 14, 2024

Recently, the Delhi High Court clarified that the distinctness, uniformity and stability (DUS) testing is a must before a plant variety registration application can be advertised by the Plant Varieties and Farmers’ Rights Authority. SpicyIP Intern Veda Chawla discusses this order. Vedika is a third-year B.A.LL.B. But what is DUS testing?

Advertising 64

Advertising Advertising Registration Reporting 64

The IPKat

FEBRUARY 10, 2022

The Standards were subsequently revised in 1994, 1997, 2001, 2005 and 2016, summarising changes in legislation and practices. 1) The Madrid international trade mark registration. It includes the specific requirements and content of the entire examination of the Madrid International Registration.

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Registration Intellectual Property Law Designs 80

Corsearch

AUGUST 18, 2021

27 trillion and has seen exponential growth over the last twenty years , when it was valued at some $ 390 billion in 2001. As of 20 20 , the total global pharmaceutical market was valued at about $ 1. Market value is expected to exceed $2.1 trillion by 202 7.

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Trademark Marketing Marketing Registration 59

IP and Legal Filings

JUNE 27, 2022

Just like trademarks, registration for them is not mandatory, but if it is registered the protection becomes airtight. This statute also gives the rightful owner ‘copyright’ in design, which means the proprietor has exclusive right to use the design on article belonging to the class of its registration. PLANT VARIETY PROTECTION.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

SpicyIP

JULY 14, 2021

Smell marks are or have been heavily debated around the world and are privy to their own set of issues in terms of registration. Internationally, the statutory requirements for the registration of non-conventional trademarks varies across jurisdictions. Issues and Barriers to the Registrability of Smell-marks.

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Trademark Registration Marketing Marketing 126

The IPKat

AUGUST 7, 2023

Background A German company (applicant) obtained in 2003 the registration of the 3D trade mark No. The applicant claimed the light brown colour and the seniority of its German trade mark registration dating back to 2000. The nullity action was successful and the trade mark registration was cancelled due to several reasons.

Registration 52

Registration Marketing Marketing Law 52

IP and Legal Filings

MARCH 28, 2024

Many film titles or names like Dhoom (ID: 1319835), Padman (ID: 3749859), 3 Idiots (ID: 1940729), and Singham (ID: 3672533), have been registered as a service mark under class 41, of the fourth schedule of the Trademark Rule, 2001. These registrations aid in allocating precedence. This idea sort of gets the job done of a copyright.

Cinema 81

Cinema Copyright Blogging Registration 81

The IPKat

MARCH 25, 2024

98 Therefore, as regards a portrait photograph, the protection conferred by Article 2(a) of Directive 2001/29 cannot be inferior to that enjoyed by other works , including other photographic works. In this respect, protection must not be linked to the personal needs of the designer but to the time of registration or use.

Copyright Law 78

Copyright Law Art Designs Design 78

SpicyIP

APRIL 9, 2024

Registrar & Anr. (“ UPL judgment”), made observations that prima facie revived Section 24(5) of the Protection of Plant Varieties and Farmers Rights Act, 2001 (“PV Act”). On one hand, registration mandates qualities like novelty, distinctiveness, uniqueness, and stability as outlined in Section 15(1).

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Registration Law Art Government 45

IPilogue

OCTOBER 7, 2021

High costs and complex processes that are often associated with the registration, renewal, or enforcement of IP protection often serve as barriers for Indigenous peoples seeking to use the formal IP system. 1] Erica-Irene Daes, “Intellectual Property and Indigenous Peoples” (2001) 95 Am Socy Intl Proc 143 at 183. [2]

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IP Intellectual Property Trademark Law Ownership 105

Biswajit Sarkar Copyright Blog

FEBRUARY 16, 2022

In consonance with the UPOV, the Indian Parliament had enacted the Protection of Plant Varieties And Farmers Right Act, 2001 which I will discuss later. Plant Varieties And Farmers Right Act, 2001. Apart from the Biodiversity Act , the Indian Parliament had also passed the Protection of Plant Varieties And Farmers Right Act, 2001.

Intellectual Property 52

Intellectual Property Intellectual Property Law Licensing Registration 52

The TTABlog

JUNE 13, 2022

The Board has re-designated as precedential its April 2001 decision dismissing an opposition to registration of the mark SPINTIRES for computer games and software. An application under Section 66(a) is not based on use, but rather on an international registration owned by the applicant and a bona fide intent to use.

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Ownership Registration Designs Design 40

The TTABlog

JANUARY 7, 2022

Thomas McCarthy has provided to me his comments on the CAFC's October 27, 2021 decision in the Brooklyn Brewery case, in which the appellate court largely affirmed the TTAB's denial of Plaintiff Brooklyn Brewery's petition for cancellation of a registration for the mark BROOKLYN BREW SHOP (in standard form) for beer-making kits. 2d 1778 (Fed.

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Registration Trademark Law Trademark Law 91

IP and Legal Filings

MARCH 8, 2023

The Plaintiff’s first registration in India dates back to the year 1993 in Class 16, and the Plaintiff claimed to have been utilising and holding registration rights for the Trade Mark since October 2003 for the hospitality industry (class 42).

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Registration Branding Brands Branding 86

IP and Legal Filings

OCTOBER 18, 2022

The protection includes ensuring registration ad enforcement within the territories of the country for the interested owners and applicants. Requisites for registrability of Plant varieties. • Among the services with waived fees are the registration and examination of a new plant variety. Image Source: Freepic].

Intellectual Property 52

Intellectual Property Registration Intellectual Property Law Law 52

The IPKat

AUGUST 6, 2021

A while back, Kat readers may recall that the Oscar Academy logo (featuring the Oscar statue silhouette) was denied copyright registration. The CJEU interpreted the provisions of the Medicines Directive 2001/83/EC concerning the competence of Member States when issuing marketing authorisations.

Television 67

Television Copyright Marketing Marketing 67

IP and Legal Filings

MARCH 9, 2022

Is Copyright registration mandated in India? The registration is not treated as a prerequisite to acquiring the copyright of any literary work. Notwithstanding this mandating step, the Copyright Act provides the registration procedure, which unlike the U.S. 483 (2001) ). Tasini Case ( New York Times Co. Tasini, 533 U.S.

Ownership 73

Ownership Copyright Trademark Contracts 73

Intepat

JULY 14, 2021

IP CASES PENDING BEFORE THE IPAB. Until date, no public data on the number and status of cases transferred from the IPAB to each High Court was accessible.

Intellectual Property 98

Intellectual Property IP Designs Design 98

IIPRD

APRIL 3, 2024

This is evidenced as an artistic work enjoys protection throughout the life of the author plus sixty years; whereas a design only enjoys protection for 10 years from registration. European Union, COUNCIL REGULATION (EC) No 6/2002 of 12 December 2001 on Community designs (OJ EC No L 3 of 5.1.2002, p. Tahiliani Design Pvt.

Artistic Work 45

Artistic Work Designs Design Copyright 45

SpicyIP

AUGUST 2, 2021

India’s Accession to the Locarno Agreement: Amendments to the Design Rules, 2001 & Other Impacts. India formally acceded to the Locarno Agreement on June 7, 2019, and subsequently, the Design Rules, 2001 were amended in January 2021.

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Reporting Designs Design Copyright 116

Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

The right to cancel a design registration is one of these rights. A petition for the Cancellation of Design Registration on numerous grounds can be filed. If the design has already been registered in India, the registration of the design can be cancelled. .” PROCEDURE.

Designs 52

Designs Design Registration Copying 52

SpicyIP

JUNE 12, 2023

Calcutta High Court clarifies that a civil court does not have jurisdiction to determine the validity of registration granted under the Plant Varieties Act. Case: Pan Seeds Pvt. Ramnagar Seeds Farm Pvt. The court reached this understanding after a combined reading of Section 28 and Section 89 of the Act.

Copyright 98

Copyright Advertising Advertising Trademark 98

Patently-O

JULY 13, 2021

2001) (citing Gorham Co. First to Disclose : Two of the references were Chinese Design Registrations filed and published a couple of months before Zhang’s filing date. Door-Master Corp. Yorktowne Inc. , 3d 1308 (Fed. White , 81 U.S. 511 (1871)).

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Velocity of Content

SEPTEMBER 2, 2021

In the second , I looked at the group registration procedures – recently made available by the US Copyright Office – which are specifically useful to bloggers and to managers of blog sites. Be that as it may, our focus so far has been on the benefits of copyright – specifically copyright registration – for digital content creators.

Copyright 116

Copyright Licensing Social Media Derivative Work 116

SpicyIP

MARCH 11, 2024

The plaintiff has registered its “Social” trademark and states to have invested considerably in its advertisement from 2001-2023. First, it argued that the plaintiff concealed material information that the registration of its mark was removed for non renewal in 2010 and was renewed only in 2019.

Trademark 59

Trademark Registration Copyright Patent 59

The IPKat

JANUARY 25, 2024

In this context, Lego filed design registrations related to modular systems composed by its bricks. On 2 February 2010 Lego obtained RCD No. Since then, Lego has been trying to find other means of protection for its brick, whether as trade mark, design or copyright.

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Designs Design Registration Intellectual Property 70

Garrigues Blog

JANUARY 12, 2022

In addition, a third party’s use of an invention before its registration by another is also relevant to assess patent infringement. This is, before the date the patent application was filed or before the priority date of a prior registration claimed in that application. 65/2001, of January 31, 2001 ).

Patent Infringement 52

Patent Infringement Invention Patent Patent Law 52

The IPKat

DECEMBER 15, 2023

The regulations outline the procedures for disputes under the Kenya Copyright Act , which empowers the Copyright Tribunal to handle disputes related to copyright registration and appeals against Copyright Board decisions. This Bill aims to repeal the Copyright Act 2001 in its entirety.

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IP Intellectual Property Copyright Music 83