Indiana Intellectual Property Law

MARCH 28, 2023

Holdings, LLC is a company that produces and sells consumer fireworks under the brand name ‘ 76 Pro Line. The trademarks that are allegedly being infringed upon in this suit are the TIKI mark registered on May 30,017 under Registration No. 5,214,187 , the GHOST mark registered on August 21, 2018 under Registration No.

Intellectual Property 52

Intellectual Property Branding Brands Branding 52

Traverse Legal Blog

JANUARY 26, 2021

With the legalization of various forms of marijuana in some states, products involving Cannabidiol (CBD) and hemp have been rapidly entering the market, and businesses are seeking to protect their brands in this growing market. Do I Still Have Rights if Someone is Using a Name, Mark, or Brand Similar to Mine?

Trademark 97

Trademark Registration Branding Brands 97

LexBlog IP

DECEMBER 20, 2023

The decision allows cannabis companies to continue selling delta-8 THC goods in Texas and establish a reputation for their brands. This case, and its counterpart in Virginia, could have a significant impact on brand owners’ ability to establish rights in their cannabis-related trademarks. compounds) in the cannabis plant.

Trademark 52

Trademark Registration Branding Brands 52

Selvam & Selvam Blog

DECEMBER 16, 2021

If a mark is not distinctive, it would lead to confusion among consumers between the mark and existing brands present in the market, as well as be unable to distinguish the source/origin of the goods/services. The basic purpose of a trademark is that it serves to distinguish the goods or services of one person from those of another.

Registration 40

Registration Trademark Branding Brands 40

43(B)log

JANUARY 18, 2022

This seems wrong to me—like holding a skateboard nonfunctional because you can also use roller skates if you want personal wheels, or the Dippin’ Dots ice cream configuration nonfunctional because one can eat regular ice cream instead—but does provide a nice illustration of the importance of market definition to functionality determinations.

Registration 45

Registration Ownership Social Media Marketing 45

Patently-O

NOVEMBER 21, 2022

The SoClean device has a compact filter that should be replaced every six-months–creating a nice subscription market. SoClean’s problem back in 2018 was how to protect these filters with intellectual property. is a Sunset brand filter.” is a Sunset brand filter.” Litigation ensued. District Court Opinion.

Designs 74

Designs Design Registration Trademark 74

Corsearch

NOVEMBER 20, 2023

Name saturation is an existential challenge for every industry that harnesses trademark law to protect its brand. You can explore what are known as non-conventional trademarks — sounds, colors, smells — to convey your brand messaging. A key difference arises, however, when comparing brand name and generic name confusion.

Trademark 59

Trademark Branding Brands Branding 59

LexBlog IP

SEPTEMBER 9, 2021

Global fashion brand Nine West recently filed a Notice of Opposition with the Trademark Trial and Appeal Board contesting the registration of the mark “Nina West” by a company owned by Andrew Levitt, drag name Nina West. Nine West, popular for its shoe, handbag, and accessory lines, filed for bankruptcy in 2018.

Trademark 59

Trademark Branding Brands Branding 59

The IPKat

NOVEMBER 27, 2023

The claimant had goodwill dating back to 1992 and registrations from October 2015. The defendant had been using since 2013 with registrations from June 2015. The claimant successfully claimed infringement and the invalidity of the defendant’s registrations before HHJ Melissa Clarke sitting in the IPEC.

Editing 70

Editing Registration Branding Brands 70

IIPRD

NOVEMBER 14, 2023

of the population of India having ingress to the world wide web and ever growing e-commerce market which is forecasted to reach about twenty billion euros by 2030, it becomes pertinent to analyse the interconnect between these two. [1] Interplay Between Intellectual Property and E-commerce With 48.7%

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

TorrentFreak

JULY 13, 2023

Pirate site brands, including 123movies, Putlocker, Kisscartoon, 123movieshub, and GoMovies, were suddenly recognized all over the world, despite in many cases having been copied from ‘pirate’ brands already in existence. Running in parallel, news began to emerge of big changes at Zoro.to. Aniwatch.to

Branding 84

Branding Brands Branding Registration 84

43(B)log

JANUARY 5, 2024

Plaintiff has seven registered trademarks involving Florida Virtual School or FLVS; two of the registrations are incontestable. registrations with graphical elements The “Florida Online School” mark included an image of a Florida panther. And they targeted school districts in their marketing.

Branding 59

Branding Brands Branding Marketing 59

IPilogue

NOVEMBER 22, 2022

While Bolt’s trademark registration is for the design mark rather than the pose, the use of poses and gestures in branding can potentially bring a new wave of “unusual” trademarks, especially as social media and technology have spread previously unthought-of but recognizable traits.

Trademark 59

Trademark Social Media Branding Brands 59

Kashishipr

DECEMBER 15, 2021

While they commonly consist of a brand name or logo, the shape of a product may also be an indication of its origin. In simple terms, the shape must be highly recognizable, noticeably distinct from other products in the market, and offer a clear indication of the origin of the product. Registration took two years.

Trademark 105

Trademark Intellectual Property Registration Designs 105

IP and Legal Filings

NOVEMBER 27, 2022

With the fast-growing media and entertainment sector, the era of digital advertising for product branding and selling has also stepped up. With the fast-growing media and entertainment sector, the era of digital advertisement for the products branding and selling have also stepped up.

Trademark 52

Trademark Branding Brands Branding 52

LexBlog IP

JANUARY 17, 2024

In Australia, the burger debate was first brought to our attention in 2020 following a marketing campaign by Hungry Jack’s Pty Ltd ( Hungry Jack’s ) for its limited-edition Big Jack burger. From the Big Mac v Big Jack to the KFC v HFC – 2023 was the year of the burger.

Marketing 52

Marketing Marketing Branding Brands 52

Technology & Marketing Law Blog

JULY 5, 2021

Pattern Brands, Inc., First, as discussed above, these searches have only a limited usefulness in establishing whether PRETZEL CRISPS is generic due to the more than a decade (and $50 million in advertising and marketing expenditures) that has passed since the challenged registration of the mark in 2005. April 1, 2021).

IP 85

IP Social Media Fair Use Branding 85

The IPKat

APRIL 26, 2022

Registration can be made on the event's website. Registration for the event is still possible and is available here. Our PermaKat Eleonora Rosati will speak at the event, and registration can be made here. The full programme and registration will be available here soon. More details about the event are available here.

Intellectual Property 67

Intellectual Property Registration IP Branding 67

Intepat

JUNE 5, 2023

Introduction It is not uncommon for market competitors to find themselves in a courtroom confrontation over trademark infringement cases. On the other hand, New Delhi-based Resilient Innovations Private Limited (Defendant) is a relatively new company known for its brand BharatPe.

Trademark 52

Trademark Cease and Desist Branding Brands 52

IIPRD

MARCH 4, 2024

It creates an impact in the market, like at the time of collaboration or merger with foreign companies. The brand image is created of the company. Also, it is really important to renew the registration because there is a limit to registration. Also, there is an image in the public as well whose trademark is protected.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

IP Tech Blog

MAY 19, 2022

This case follows successful oppositions by Match.com to Muzmatch’s registration of its marks in 2018, and unsuccessful attempts by Match.com to purchase Muzmatch between 2017 and 2019. This was due to the reputation of Match.com’s trade marks and because a consumer would believe that Muzmatch was a sub-brand of Match.com.

Branding 57

Branding Brands Branding Intellectual Property 57

SpicyIP

DECEMBER 8, 2023

The Background Bolt Technology OU, an Estonian platform for ride-hailing and various services, alleged that its “BOLT” brand, established in 2018, carried a substantial international reputation. In coming to the above finding, the DB considered whether goodwill and reputation are to be given distinct connotations.

Technology 59

Technology Trademark Business Branding 59

IIPRD

JANUARY 21, 2022

According to the current trend, any new product which is being launched in the market has some sort of distinct packaging as it is considered imperative for the purposes of distinguishing their products from others and it also helps in attracting a larger customer base. In another landmark case of Christian Louboutin Sas v.

Branding 40

Branding Brands Branding Trademark Law 40

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

Until 2018, cannabis in almost all of its forms was regulated as a Schedule I controlled substance – the same category used for heroin and LSD. The 2018 Farm Bill removed hemp from the definition of “marijuana” in the Controlled Substances Act. The FDA approved its first drug containing CBD as an active ingredient, Epidiolex, in 2018.

IP 52

IP Registration Trademark Branding 52

The IPKat

JANUARY 6, 2022

In my view the judgment is controversial and arguably misses the bigger picture, including the cumulative impact of more and more broadly drafted registrations on the practice of trade marks. The same could also apply to a company registration. SkyKick has said it would appeal – again – this time to the UK Supreme Court.

Registration 96

Registration Cease and Desist Branding Brands 96

LexBlog IP

MAY 19, 2022

This case follows successful oppositions by Match.com to Muzmatch’s registration of its marks in 2018, and unsuccessful attempts by Match.com to purchase Muzmatch between 2017 and 2019. This was due to the reputation of Match.com’s trade marks and because a consumer would believe that Muzmatch was a sub-brand of Match.com.

Branding 52

Branding Brands Branding Intellectual Property 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.

Editing 52

Editing IP Artistic Work Designs 52

The TTABlog

DECEMBER 5, 2022

The Board sustained an opposition to registration of the mark DANA DESIGN in the form shown below, for backpacks, hiking equipment, tents, and related goods, on the ground that the mark comprises the name of a living individual, Dana Gleason, without his consent and is therefore barred from registration by Section 2(c) of the Trademark Act.

Designs 48

Designs Design Registration Trademark 48

SpicyIP

FEBRUARY 24, 2023

Techsquare has 2 more applications awaiting registration for ‘Alphard’ word mark and a device, under Class 12 for land vehicles, and the same have been opposed by Toyota in 2017 (word mark) ( pdf ) and in 2018 (device) ( pdf ). A public search report for the ‘Alphard’ mark can be accessed here ( pdf ).

Registration 75

Registration Intellectual Property Law Trademark Branding 75

Kashishipr

OCTOBER 5, 2022

Therefore, brands and businesses need to be aware of Intellectual Property Rights (IPRs) that come into action when it comes to drafting and finalizing the content of an advertisement or running an advertising campaign. Brands and businesses are now exploring more innovative ways to advertise their offerings, i.e., products or services.

Intellectual Property 52

Intellectual Property Advertising Advertising Branding 52

The IPKat

JANUARY 14, 2022

In 2019, after spotting a perfume product in China’s market highly similar to its classic N°5 perfume, Chanel took a ‘notarization-throughout purchase’ online and located the alleged infringing product shown below on the right. The side-by-side comparison captures several common features.

Law 142

Law Branding Brands Branding 142

SpicyIP

JUNE 19, 2022

67306 lakhs over the last three financial years, i.e., 2018-2021. The said mark, including the label, is stated to have extensive goodwill and reputation, having been adopted in 1988, with copyright and trademark registrations dating back to 2006. It is also stated to have spent “enormous amounts of money” in advertising and publicity.

IP 126

IP Marketing Marketing Trademark 126

LexBlog IP

FEBRUARY 16, 2023

The TML Draft Amendment is the product of deliberations that officially commenced in 2018. Article 5: (Application for TM Registration) This article includes aspects of the earlier Article 4, underscoring a new emphasis on use or commitment to use in commerce as the basis of a trademark filing. single color marks, scent marks, etc.)

Trademark Law 40

Trademark Law Trademark Law Registering Trademarks 40

43(B)log

FEBRUARY 23, 2023

Color was not claimed as a feature of the mark: infinity sign with left loop larger than right with DFINITY beneath In 2021, it secured registration of its second mark, the Rainbow Mark. Dfinity sued for federal and state trademark infringement. What was the Meta mark to which Dfinity’s rainbow mark was to be compared?

Designs 59

Designs Design Registration Trademark 59

The IPKat

JUNE 23, 2022

Given that finding and clearing a new brand purely from a legal perspective can take months, it is interesting to note that when a Defendant loses an infringement case it will almost certainly be ordered to rebrand within days, weeks at the most. The parties were back in court in January for a form of order hearing.

Branding 73

Branding Brands Branding Litigation 73

LexBlog IP

MAY 3, 2022

A symbol or design is generally eligible for trademark registration if it can function as a source identifier of goods and services, is not similar to a prior mark or in conflict with other prior rights of a third party, and is not otherwise prohibited by trademark or other laws in China. Ferrero’s Products. Montresor’s Products.

Designs 52

Designs Design Trademark Intellectual Property 52

LexBlog IP

AUGUST 10, 2022

The dispute over the “Ranchero” marks began back in 2018 when Cacique, LLC (“Cacique”) opposed El Ranchero Limited Partnership ‘s (“El Ranchero”) EL RANCHERO applications by claiming that it had priority and that the marks were confusingly similar to its several RANCHERO word and design marks.

Social Media 40

Social Media Designs Design Registration 40