Patently-O

NOVEMBER 21, 2022

SoClean’s problem back in 2018 was how to protect these filters with intellectual property. With the trademark registration in-hand, the district court partially granted SoClean’s motion for preliminary injunction. Here, however, Federal Registration serves as prima facie evidence of validity.

Designs 73

Designs Design Registration Trademark 73

The IPKat

MAY 16, 2023

The threshold for design protection in the EU is low. The design must be new and have individual character ( Art. 4(1) Community Design Regulation , ‘CDR’). The purpose of this grace period is to allow the designer or its successor to test the products in which the design is embodied in the market ( Recital 20 CDR ).

Designs 91

Designs Design Art Registration 91

IP Tech Blog

JANUARY 22, 2024

Among other things, the Initiative’s portal compiles registration decisions for AI-generated materials. Particularly instructive is a December 11, 2023 decision by the Copyright Review Board affirming the denial of registration to an AI-generated artwork. does not contain enough original human authorship to support a registration.”

Registration 62

Registration Art Copyright Editing 62

LexBlog IP

MAY 16, 2023

The Trademark Trial and Appeal Board (“TTAB”) at the United States Patent and Trademark Office (“USPTO”) recently issued a precedential opinion concerning the registration of marks used in connection with goods deemed “drug paraphernalia” under the Controlled Substances Act (“CSA”).

Registration 40

Registration Trademark Branding Brands 40

LexBlog IP

JANUARY 22, 2024

Among other things, the Initiative’s portal compiles registration decisions for AI-generated materials. Particularly instructive is a December 11, 2023 decision by the Copyright Review Board affirming the denial of registration to an AI-generated artwork. Copyright Office’s AI Initiative launched in early 2023.

Registration 52

Registration Copyright Art Editing 52

The TTABlog

OCTOBER 22, 2021

The USPTO refused to register the mark BEDLAM VODKA in the word-plus-design form shown below left, for vodka [VODKA disclaimed], finding confusion likely with the registered mark BEDLAM! in the word-plus-design form shown below right, for beer. How do you think this appeal came out? In re Graybeard Distillery, Inc.

Designs 94

Designs Design Registration Copyright 94

The IPKat

MARCH 11, 2024

Background On 24 October 2018, The KaiKai Company Jaeger Wichmann GbR (‘KaiKai’) filed an application for the registration of twelve Community designs with the European Union Intellectual Property Office (‘EUIPO’), claiming priority based on a Patent Cooperation Treaty (‘PCT’) patent application filed on 26 October 2017.

IP 113

IP Art Designs Design 113

The TTABlog

FEBRUARY 16, 2023

The Board sustained Section 2(d) oppositions to the word-and-design marks shown immediately below, for Asian-themed cuisine and for restaurant services featuring same, finding confusion likely with opposer's common law mark RAMEN HOOD & Design (shown to the right) for Asian-themed restaurant services. menus and other printed items.

Designs 52

Designs Design Registration Copying 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

Indiana Intellectual Property Law

AUGUST 4, 2023

Trademark Office issued the following 176 trademark registrations to persons and businesses in Indiana in July 2023 based on applications filed by Indiana trademark attorneys: Reg. 7101841 7101840 HEATING + AIR PARAMEDICS 7101839 DON’T WORRY, WE’RE HERE TO HELP. 7101838 7101837 PLUMBING PARAMEDICS 7101831 AVENEW 7096118 91.0

Registration 52

Registration Trademark Branding Brands 52

The TTABlog

JANUARY 3, 2022

The Board sustained this opposition to registration of the mark ALZHEIMER'S NEW JERSEY WALK TO FIGHT ALZHEIMER'S & Design on the ground of likelihood of confusion with the common law mark WALK TO END ALZHEIMER'S & Design , both marks for charitable fundraising services. Alzheimer's New Jersey , Opposition No.

Designs 44

Designs Design Registration Licensing 44

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. ” Nevertheless, the successor licensee sent DMCA takedown notices to Amazon targeting the registrant’s stripped-down sticker. .” per sticker set.

Registration 111

Registration Fair Use Copyright Designs 111

Garrigues Blog

APRIL 27, 2021

Today, April 27, is International Design Day, an event, which seeks to recognize the value of design in society and business. On this significant date, we take the opportunity to look at a recent judgment by the General Court of the European Union (EGC) that will allow companies to extend the protection of a design by twelve months.

Designs 52

Designs Design Patent Application Intellectual Property 52

IPilogue

NOVEMBER 17, 2022

Beijing Judian is a reputable barbeque bar restaurant with over 40 locations in China with established Ju Dian character marks, including the JU DIAN & Design Mark. A month later, the restaurant found an advertisement posted by Meng for the sale of the registration of the JU DIAN & Design Mark for $100,000.

Trademark 111

Trademark Registration Advertising Advertising 111

43(B)log

AUGUST 19, 2021

CasperLabs was founded in October 2018 under that name. It filed an application to register CASPER as a trademark in connection with blockchain technology; the registration issued in November 2020. Thus, to prevail, Zamfir would need to rebut the presumptions created by the registration, and he didn’t.

Registration 72

Registration Social Media Trademark Registering Trademarks 72

43(B)log

OCTOBER 1, 2022

Design patents play a role when we have them, typically a handbag/jewelry/diamond cuts/chain designs/shoes. Issue: legal is often the last to know of new designs, so you need to know before the design is launched: need to explain that legal needs to be part of the process. More partial designs.

Intellectual Property 84

Intellectual Property Design Patent Law Designs 84

The TTABlog

SEPTEMBER 27, 2021

Applicant claimed ownership of the word-plus-design mark shown immediately below, for "clothing, namely, shirts, t-shirts, shorts, sweatshirts, pullovers, pants, jackets, coats, belts, socks, headwear and footwear." See , e.g., In re USA Warriors Ice Hockey Program, Inc. ,

Registration 52

Registration Ownership Designs Design 52

Indiana Intellectual Property Law

MARCH 28, 2023

for Trademark and Trade Dress Infringement, as well as False Designation of Origin under 15 U.S.C. alleges that the Defendants are infringing on their trademarks by using similar names and designs on their fireworks products. 5,214,187 , the GHOST mark registered on August 21, 2018 under Registration No. Brown, Inc.

Intellectual Property 52

Intellectual Property Branding Brands Branding 52

LexBlog IP

JULY 18, 2023

1] Because the plaintiffs obtained a Washington state trademark registration, their recourse is limited to that state. To have recourse against infringement outside Washington, a federal registration may provide additional remedies — if it can be obtained. 5] Trademark registrations cannot be granted on illegal goods. .”[4]

Registration 40

Registration Trademark Intellectual Property Branding 40

The TTABlog

FEBRUARY 1, 2024

Opposition to registration of PAYFORME for various financial transaction services. Cohen) [Opposition to registration of THE CAVALIER RESCUE for "Animal rescue services, namely, arranging for the adoption of rescued animals." PayNearMe, Inc. Substring, LLC , Opposition No. 91277497 (January 18, 2024) [not precedential] (By the Board).

Service Mark 62

Service Mark Registration Technology Designs 62

43(B)log

JANUARY 18, 2022

WRB has an incontestable registration for “Hammer-Schlagen” and a registration for the trade dress of its stump, cross-peen hammer, and nails: specifically, “a three-dimensional configuration. DAMM has a registration for “Minneschlagen.” WRB’s word mark registration states that “the English translation of ‘hammer-schlagen’.

Registration 45

Registration Ownership Social Media Marketing 45

Kluwer Copyright Blog

NOVEMBER 26, 2023

Then, in 2018, the degree of a photographer’s control over the subject matter arose again with the so-called “monkey selfie” case ( Naruto v. 2018) ), questioning whether a non-human could be the author of a copyrighted work. Copyright registration in the U.S. Years later, in 2005, the U.S. Slater, No. 16-15469 (9th Cir.

Registration 60

Registration Copyright Law Artwork Copyright 60

IPilogue

AUGUST 4, 2022

That case centered around the issue of whether the applicant’s “JU DIAN & Design Mark” was obtained in bad faith contrary to 18(1)(e) of TMA or was otherwise invalid per 18(1)(b) or 18(1)(d) of the TMA. Background. The following family of JU DIAN character trademarks have been heavily used in China to promote their restaurants.

Trademark 115

Trademark Registration Designs Design 115

Kluwer Copyright Blog

FEBRUARY 2, 2023

21, Copyright and Related Rights Act 2000 ), New Zealand ( section 5(2)(a), Copyright Act 1994 ), South Africa (section 2(h), Copyright Act 1978 ) and the UK ( Copyright, Designs and Patents Act 1988, section 9(3) ). Registration was refused in August 2019, in line with previous US case law and guidance.

Copyright 145

Copyright Art Fair Use Registration 145

Kashishipr

DECEMBER 15, 2021

” The emphasis of the case was whether the design of the Defender had “inherent or acquired distinctiveness.” Another car company, ARES Design, announced its plans to bring a modern take on the classic 250 GTO model in 2018. Registration took two years. The protection only applies in the UK.

Trademark 105

Trademark Intellectual Property Registration Designs 105

LexBlog IP

AUGUST 22, 2023

As we discussed in a prior post , The Copyright Office issued guidance earlier this year in connection with attempted registration of a comic book entitled “Zarya of the Dawn.” Sarony , the office refused registration of the portions of the comic book that were purely generated by AI. Supreme Court case Burrow-Giles Lithographic Co.

Art 52

Art Copyright Registration Designs 52

IP Tech Blog

NOVEMBER 25, 2022

This requires translating the complaint and related documents, delivering them to the foreign country’s designated “Central Authority,” and then waiting for that Central Authority to actually deliver the documents and confirm delivery to the plaintiff. These costs and delays often dissuade plaintiffs from ever bringing well-based claims.

Trademark 57

Trademark Registration Designs Design 57

IP and Legal Filings

AUGUST 11, 2023

2] This new set of marks is often referred to as non-traditional trademarks , and the qualification for their registration, as opposed to a traditional mark, is substantially higher. [3] I do this by demonstrating the statutory criteria for trademark registration and then applying the set criteria to check the registrability of braille.

Trademark 77

Trademark Registration Intellectual Property Intellectual Property Law 77

The TTABlog

DECEMBER 21, 2021

The NAKED condom case returned to the TTAB after a CAFC reversal [ TTABlogged here ] and the Supreme Court's denial of the registrant's petition for writ of certiorari (September 2021). Respondent's evidence and testimony showed that its principal had worked in the birth control industry since 1989, designing a "relaxed-fit" condom.

Registration 51

Registration Contracts Advertising Advertising 51

LexBlog IP

JANUARY 4, 2023

Mystery Ranch, Ltd. (“Mystery Ranch” or “Opposer”) opposed registration of the DANA DESIGN mark based on an alleged false suggestion of a connection with Mystery Ranch and Dana Gleason, Mystery Ranch’s co-owner, under Section 2(a) of the Trademark Act, 15 U.S.C. § In 1992, Dana Design Ltd.

Registration 52

Registration Designs Design Trademark 52

Olartemoure Blog

SEPTEMBER 2, 2022

The Superintendency of Health established that the entities is suprises must design and implement a Transparency and Business Ethics Program in order to prevent corruption, opacity and fraud (“COF”) with a maximum term of August 5, 2023. 09/01/22 – Trademarks.

Intellectual Property 105

Intellectual Property Registration Business Trademark 105

The IPKat

DECEMBER 13, 2021

In R 2536/2018-4 , the same parties, Krasnyi Octyabr and Roshen, litigated over the packaging of “Kara-kum” candies, another famous Soviet sweet. In R 2496/2018-5 , Krasnyi Octyabr opposed the registration, by Steinhauer Holding, of a figurative mark used on the packaging for “Little Red Riding Hood” candy.

Branding 125

Branding Brands Branding Litigation 125

The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Moran's Section 2(e)(5) functionality refusal of the design of a "serration pattern" on the blade of a knife (shown below). See TTABlog comment below. -

Design Patent 89

Design Patent Advertising Advertising Designs 89

The IPKat

JULY 19, 2023

National stage of the registration In 2014, “Jambon sec de Corse”, “Lonzo de Corse” and “Coppa de Corse” were registered as protected designations of origin (PDOs). In 2018, the French authorities pre-approved the seven applications and transferred them to the European Commission for their registration as PGIs.

Registration 52

Registration Designs Design Art 52

The TTABlog

NOVEMBER 16, 2022

In a 74-page opinion, the Board sustained oppositions to registration of the marks shown below, for "energy drinks containing caffeine; energy drinks not for medical purposes" and for "alcoholilc beverages" on the ground of likelihood of confusion the registered mark DUTCH BROS. for coffee and energy drinks. Dutch Bros., Oppositions Nos.

Registration 52

Registration Designs Design Copyright 52

LexBlog IP

NOVEMBER 25, 2022

This requires translating the complaint and related documents, delivering them to the foreign country’s designated “Central Authority,” and then waiting for that Central Authority to actually deliver the documents and confirm delivery to the plaintiff. Jiaxing Micarose Trade Co. , § 1051(e).

Trademark 52

Trademark Registration Designs Design 52

IPilogue

MARCH 28, 2023

Jiaxing registered “RIBOLI” in 2018 for clothing and shoes and in 2020 for kitchen products. Accordingly, San Antonio filed a complaint for trademark infringement, trademark dilution, and false designation of origin. they can designate a person in the U.S. They did so under s. 1051(e) which allows U.S.

Trademark 105

Trademark Government Ownership Designs 105