SpicyIP

MAY 30, 2024

The petitioner, Vans Inc, USA, filed for registration of their mark- VANS in 1992, on a ‘proposed to be used basis’. The petitioner then entered the Indian market in 2011. In this post, I have briefly discussed the judgement and analyzed what it could mean for the proprietors of well-known trademarks and other proprietors.

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Kashishipr

DECEMBER 21, 2021

Requirements for Registration of a Position Trademark. The position trademark should be capable of being represented graphically, and hence, a detailed and clear description of the position of the mark on a particular product becomes essential for the application of Trademark Registration. It was recognized as a position mark.

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The IPKat

JANUARY 24, 2022

Background In 2011, Tecnica applied to register the 3D sign below, corresponding to the shape of its Moon Boots after-ski footwear, as an EU trade mark (EUTM) for goods in classes 18, 20, and 25. Registration ( No 10 168 441 ) was granted the following year. Milano, Tecnica Group S.p.A. v Diana S.r.l.

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IP and Legal Filings

AUGUST 4, 2023

In ancient times the name of Kings and Queens were used to make the products prevalent in the market, this technique has worked in the past and that is why companies do not fail to sponsor a celebrity to launch their products to make them prevalent in the market. Entertainment v.

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Trademark Registration Branding Brands 52

IP Tech Blog

AUGUST 18, 2023

An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US. On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective.

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Litigation Patent Intellectual Property Branding 98

IP and Legal Filings

JULY 28, 2022

The Department of Industry, which is the quasi-judicial authority responsible for filing, registration and other procedural aspects, has given a decision against McDonald’s. It was back in January 2011 when Future Enterprises had officially filed ‘Mac Coffee and Eagle device’ trademark before DOI. Facts of the case.

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Trademark Branding Brands Branding 72

IP and Legal Filings

FEBRUARY 7, 2023

Importance of Registration of Trademarks in the Metaverse Businesses may now reach a larger audience, increase their digital footprint, and increase profits by utilising the Metaverse. The trademark registration safeguards the owner’s rights and establishes the business’s legal standing.

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The TTABlog

MAY 5, 2022

In what appears to be a case of first impression, the Ninth Circuit ruled (perhaps unsurprisingly) that under the Madrid Protocol, a foreign applicant who obtains a registration without showing actual use in the United States has a right of priority, as of the relevant constructive use date, over another who first used the mark in the United States.

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IP and Legal Filings

OCTOBER 30, 2023

Barbie, a name synonymous with an unattainable standard of femininity and the concept of commercial feminism, was designed to captivate the toy market with all its glittery pink magnificence. A straightforward pink sans-serif typeface was used for the 1959 original trademark registration.

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Trademark Branding Brands Branding 85

The TTABlog

MARCH 15, 2024

Petitioner MHCS sought cancellation of a registration for the mark VEUVE OLIVIER for sparkling wines, claiming a likelihood of confusion with the registered mark VEUVE CLICQUOT for champagne. Priority was not an issue because MHCS filed its underlying application first.

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Advertising Advertising Branding Brands 48

SpicyIP

JULY 28, 2023

The courts have repeatedly held that in the Indian market, if the customers and services offered by the company are different, similar trademarks may be protected. Public perception which is a relevant factor is possible with Twitter due to its current foothold in the market.

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Trademark Marketing Marketing Branding 96

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

2,990,814 (the “‘814 Registration”), has been used in U.S. 1057(b), Poulsen claims the ‘814 Registration is prima facie evidence of the validity of the Mark, Poulsen’s ownership of the Mark, and Poulsen’s exclusive right to use the Mark in commerce. Poulsen claims the Mark, protected under U.S. Federal Trademark Reg.

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Trademark Branding Brands Branding 52

43(B)log

JANUARY 5, 2024

In 2011, Plaintiff sued defendants for using the marks “Florida Virtual Academy/Program” and the associated acronyms, “FLVA/P.” Plaintiff has seven registered trademarks involving Florida Virtual School or FLVS; two of the registrations are incontestable. And they targeted school districts in their marketing.

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Branding Brands Branding Marketing 59

The IPKat

OCTOBER 4, 2021

In 2000, Nestlé filed an application with the Swiss Trademark Office for registration of a 3D trade mark in class 30 for coffee, coffee extracts and coffee preparations. In 2011, Nestlé secured a preliminary injunction in Switzerland, based on its registered 3D mark, against Ethical Coffee Company's capsules.

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43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. The order was temporarily stayed pending full authentication of the Colombian registrations. But it does not seem to require harm.

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Technology & Marketing Law Blog

AUGUST 30, 2023

The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. For example, 9th Circuit courts used the “Internet trinity” factors in the 2000s, and then switched in 2011 to a unique four-factor test from the Network Automation. ” Marketing channel.

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Advertising Advertising False Advertising Trademark 86

IP and Legal Filings

FEBRUARY 2, 2024

The Trademarks Act of 1999 does not forbid the use of names of gods or goddesses, religious symbols, or figurines in and of themselves; But it simply limits the registration of the mark under the Trademarks Act’s Section 9(2)(b), as is shown while reading the clause. 8] 2011 (48) PTC 235 (Del.) (DB) Lal Babu Priyadarshi [9].

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Trademark Law Trademark Law Service Mark 89

The TTABlog

FEBRUARY 8, 2022

The district court had dismissed the claims as to one of the marks (the "'654 mark") on the ground of claim preclusion, based upon the TTAB's entry of judgment by default on Plaintiff VVV's petition for cancellation of the registration for that one mark. TTABlogged here ].

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Litigation Branding Brands Branding 75

The IPKat

JUNE 11, 2022

However, upon further examination, it appears that the outcome was to be expected, given that revocation proceedings were based on a lack of genuine use of the mark between 2011 and 2016. from 14 October 2011 to 13 October 2016). Trying to follow Apple's words of wisdom.

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Advertising Advertising Reporting Branding 97

TorrentFreak

NOVEMBER 24, 2022

In 2011 the file-hosting service was added to Hollywood’s list of notorious pirate sites and subsequently featured in the U.S. Government’s notorious markets report. Instead, they end up at auction after the original registrants forgets or chooses not to renew them. Not just once but two years in a row.

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Advertising Advertising Copying Branding 95

The TTABlog

SEPTEMBER 12, 2022

Acquired Distinctiveness: Since the applicant sought registration under Section 2(f), mere descriptiveness was not an issue. Although applicant's use of the term since 2011 was exclusive, it provided almost no information for the years 2011-2015. Resolving that doubt in applicant's favor, the Board reversed the refusal.

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Advertising Advertising Marketing Marketing 40

LexBlog IP

JULY 21, 2021

Applications and registrations for designs generally decreased compared to 2019, but certain classes of products pertinent to assisting with the COVID-19 outbreak, or entertainment in lockdown, saw a proportional increase. Applications and Registrations. Design Right Applications, Registrations and Certifications. Key players.

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Reporting IP Patent Application Registration 52

43(B)log

DECEMBER 26, 2022

for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. The logo is registered with the Copyright Office, and AFK applied for trademark registration as well. AKF sued LCF etc. AT&T Mobility, LLC, 710 F.3d

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

The IPKat

SEPTEMBER 24, 2021

Ownership of the registration was subsequently transferred to Sony Computer Entertainment Europe Ltd (the predecessor to Sony Interactive Entertainment Europe Ltd, ‘the applicant’). Genuine use must also be shown by way of solid and objective evidence of effective and sufficient use of the trade mark in the market concerned.

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Marketing Marketing Ownership Advertising 57

SpicyIP

FEBRUARY 27, 2023

on 23.02.2023 (Delhi High Court) The plaintiff who was engaged in the business of pipes, plumbing and the likes had obtained various registrations in respect of the ‘CPVC PRO’ and ‘CPVC PRO’ formative trademarks prior to launching Chlorinated Polyvinyl Chloride (CPVC) piping systems in India. Case: Astral Ltd. Ashirvad Pipes Pvt.

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Trademark IP Registration Technology 104

IP and Legal Filings

OCTOBER 31, 2023

Indian Trademarks Act of 1999 prohibits the registration of generic trademarks under section 9(1). Company in 2011 submitted its four trademark applications to the US Patent and Trademark Office (USPTO) for the use of “BOOKING.COM” as a word trademark. However, section 32 provides an exception to this rule. trademark law.

Trademark 59

Trademark Trademark Law Registration Fair Use 59

LexBlog IP

AUGUST 18, 2023

An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US. On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective.

Litigation 52

Litigation Patent Intellectual Property Branding 52

The IPKat

DECEMBER 21, 2021

Both marks registered on 19th April 2011. On 25th April 2017, Frito-Lay applied to revoke both of Monster’s registrations on the ground that the marks had not been put to genuine use within a continuous period of five years. The applications for revocation concerned all the goods in Class 30 (‘the contested goods’).

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Registration Licensing Television Reporting 78

IP and Legal Filings

NOVEMBER 30, 2022

The 19th Asean meeting, which took place in November 2011, saw the introduction of the Regional Comprehensive Economic Partnership. By integrating 16 nations’ markets, the Regional Comprehensive Economic Partnership (RCEP) aspires to make it simpler for each nation’s goods and services to be available throughout the region.

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Intellectual Property Marketing Marketing IP 66

LexBlog IP

JULY 5, 2023

In 2011, Hydronic began reverse-engineering Hetronic parts and contracted new suppliers to source them. When Abitron purchased Hydronic in 2014, they began selling products identical to Hetronic’s remote controls in foreign markets with the recognizable black-and-yellow coloring. if] such use is likely to cause confusion.”

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Trademark Marketing Marketing Contracts 52

IP and Legal Filings

NOVEMBER 27, 2022

Representation – When the general public and its user associate the colour combination with the brand which in return intensifies the market value of the brand and prohibits others from utilising the goodwill of the brand in question. The mark should be ruled out from the registration because it does not contain a distinctive character.

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Trademark Branding Brands Branding 52

IP and Legal Filings

FEBRUARY 20, 2022

As a result, slogan registration is frequently denied due to a lack of distinctiveness. The criterion for distinctiveness for slogans is the same as for other word marks, i.e., it should be examined in light of the goods or services for which registration has been sought, as well as the public’s perception of the mark.

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Trademark Advertising Advertising Registration 54

The TTABlog

DECEMBER 27, 2021

in which both parties own registrations, priority is an issue." The term “reverse confusion” has been used to “describe the situation where a significantly larger or more prominent newcomer ‘saturates the market’ with a trademark that is confusingly similar to that of a smaller, senior registrant for related goods or services.”

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Branding Brands Branding Registration 52

IIPRD

SEPTEMBER 17, 2021

These items have restricted production and remain in the market only for a short duration of time. They almost never re-enter the market again. This creates scarcity of the product in the market. Basic principles of economics dictate that when a product is scarce in nature, its demand in the market tends to increase.

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43(B)log

AUGUST 18, 2021

For example (the details vary a little depending on defendant, but you get the picture): The STURGIS BIKE WEEK registration dates to 1997; defendants’ “Sturgis Motor Classic” came from 1997-98. During this period, defendants continued to grow and develop their inventory and marketed “Sturgis” and “Sturgis Motor Classic” rally products.

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Cease and Desist False Advertising Registration Licensing 64

LexBlog IP

SEPTEMBER 29, 2022

They are marketed through different, yet related, channels of trade (sports and entertainment, which were melded together as ESPN’s original name ). So, there you go—Metro-Goldin-Mayer and Pennsylvania State University are two different entities each associated with a distinctive roar connected to their institution.

Trademark 52

Trademark Registration Music Intellectual Property 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fourth, if not, can Trump circumvent the registration requirement by seeking a declaratory judgment, or will he have to comply with the registration requirement? There was also a provision allowing registration of an unpublished work, which would replace the common-law copyright with a federal statutory copyright.) 17 U.S.C. §

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Copyright Blogging Publishing Fair Use 120