The IPKat

MAY 11, 2024

33,544 ) in 2021. Why does the patent use a different name from the registered trademark? These denominations cannot be registered as trademarks - for example, under Article 7.1(m) Unlike PVR law, however, trademark law imposes no obligations to maintain a direct link between a name and a plant.

Trademark 109

Trademark Registering Trademarks Marketing Marketing 109

IP and Legal Filings

SEPTEMBER 17, 2021

Fashion, in 2021, has evolved to become a form of art that acts as a vehicle for cultural commentary and is not just merely restricted to the process of manufacturing apparel. Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. The intersection of fashion and IPR.

Designs 71

Designs Design Artistic Work Technology 71

SpicyIP

FEBRUARY 21, 2024

The question that surfaced here was “which High Court shall have the jurisdiction to hear cancellation/rectification petitions under Section 57 of the Trademark Act, 1999 (‘1999 Act’).” Gian Chand Jain was dealing with a similar issue since in the Design Act, 1911, the Act didn’t define which High Court would have jurisdiction.

Trademark 105

Trademark Intellectual Property Designs Design 105

IPilogue

OCTOBER 19, 2021

Hall Law School. . On September 28, 2021 , The Hershey Co. The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. When it comes to food designs, how far can a trademark go?

Cease and Desist 106

Cease and Desist Branding Brands Branding 106

IPilogue

MARCH 2, 2022

The Birkin’s distinctive shape has acquired a secondary meaning, such that its trade dress has a trademark registration with the US Patent & Trademark Office. Hermès claims trademark infringement, false designation of origin, and trademark dilution. Hermès’ Action. Future of Fashion in the Metaverse.

Cease and Desist 105

Cease and Desist Non-Fungible Tokens Fair Use Intellectual Property 105

IIPRD

AUGUST 27, 2022

On July 14, 2021, the General Court of the European Union delivered leading cosmetics and skincare label Guerlain a win in the fight to register the distinctive shape of its “Rouge G de Guerlain Lipstick.” trademark law which was later borrowed and adopted in a more limited sense in the European trademark law.

Trademark Law 52

Trademark Law Registration Marketing Marketing 52

JIPEL Copyright Blog

APRIL 4, 2022

In the playpen that is nonverbal marks, the game is all about whether registrants can jump the hurdle between two opposing classifications—product packaging and product configuration. the court reasoned that product design is not inherently distinctive because its inclusion makes the “product itself more useful or more appealing.”.

Registration 52

Registration Designs Design Trademark 52

LexBlog IP

JANUARY 13, 2022

In 2021, applications filed in Canada went up 13.7%, partly due to Canada’s accession to the Madrid Protocol. When Canada is designated via the Madrid Protocol, the Canadian Intellectual Property Office (CIPO) will communicate directly with the applicant if a Canadian trademark agent is not appointed. Delay (in months).

Trademark 52

Trademark Intellectual Property Intellectual Property Law Registration 52

The TTABlog

OCTOBER 13, 2021

In a non-precedential ruling, the CAFC upheld the TTAB's decision ( here ) denying a petition for cancellation of a General Motors registration for the mark SUPER CRUISE for "computer software, cameras, ultrasonic sensors, global positioning system and radar object detectors fro the semi-autonomous driving of motor vehicles." 2021-1591 (Fed.

Registration 52

Registration Trademark Law Designs Design 52

The IPKat

JUNE 12, 2022

Generally speaking, such applications would be refused registration in that they inter alia fail to perform their basic function – namely to indicate commercial origin. It is Matthias Zirnsack vs. EUIPO (Case R-260/2021-G ). Let’s see more in detail what this case is about and what INTA’s take consists of.

Registration 94

Registration Intellectual Property Law Trademark Law 94

Erik K Pelton

MARCH 11, 2022

The FTC’s Proposed Trade Regulation Rule on Impersonation of Government and Businesses (FTC-2021-0077) aims to prevent fraudulent or harmful acts caused by impersonation of government and businesses. Pelton & Associates, PLLC (“EMP&A”) is a boutique trademark law firm located in Falls Church, Virginia. About Erik M.

Government 147

Government Business Trademark Blogging 147

The IP Law Blog

MARCH 5, 2021

the executives at Peloton believe that the trademark SPIN is of great importance. Last month (February, 2021), Peloton filed petitions to cancel the trademarks SPIN and SPINNING for physical fitness instruction and for stationary exercise bicycles on the grounds that the marks are generic.

Trademark 85

Trademark Branding Brands Branding 85

SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. The Hermès-Rothschild Dispute.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

SpicyIP

MAY 18, 2022

Nike has also brought an action for trademark infringement against StockX alleging that StockX’s NFTs depicting Nike shoes violates its trademarks. Dec 21, 2021. Dec 15, 2021. However, when it comes to virtual goods, classification is not straightforward. But it is equipped to efficiently deal with new workload?

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

LexBlog IP

SEPTEMBER 15, 2021

The Court of Appeals affirmed the previous decision of the district court which found that Australian Leather had wilfully infringed Deckers’ “UGG” trademarks by selling less than 15 pairs of UGG branded boots in the U.S., However, on 7 May 2021, the U.S. Background.

Trademark 52

Trademark Registration Branding Brands 52

SpicyIP

MAY 14, 2022

programs can take part) across the world, as well as to those who have completed their first law degree in 2019 or later. Registration : There is no registration fee or registration process for the competition. Ragavan’s scholarship emphasizes issues intersecting international trade law with intellectual property rights.

Intellectual Property Law 135

Intellectual Property Law Intellectual Property Law Editing 135

IP and Legal Filings

FEBRUARY 7, 2023

The world’s most popular multiplayer online game platform, “Roblox,” hosted a virtual “Gucci Garden” for two weeks in 2021 for the well-known luxury fashion label “Gucci.” The trademark registration safeguards the owner’s rights and establishes the business’s legal standing.

Trademark 83

Trademark Non-Fungible Tokens Branding Brands 83

LexBlog IP

JUNE 21, 2023

§ 1052(c) on registering marks concerning a living person without permission; this case has the possibility of altering trademark law significantly and allowing current events to be treated similarly to historic events from a trademark perspective. But one can expect, now that cert. ” Id. (at at 1165-66).

Registration 52

Registration Trademark Trademark Law Law 52

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Professor Alexandra Roberts has written an excellent recent article on this, Trademark Failure to Function.

IP 94

IP Trademark Advertising Advertising 94

LexBlog IP

SEPTEMBER 29, 2022

19 The distinctive character of a trade mark must be assessed by reference, first, to the goods or services in respect of which registration is sought and, second, to the perception of the relevant public (see judgment of 12 February 2004, Henkel, C‑218/01, EU:C:2004:88, paragraph 50 and the case-law cited).

Trademark 52

Trademark Registration Music Intellectual Property 52

SpicyIP

FEBRUARY 13, 2023

Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision. Delhi High Court Imposes Costs worth INR 2 Cr. on Triveni Interchem Pvt. Case: Alphavector India Pvt.

Designs 52

Designs Design Trademark Cease and Desist 52

SpicyIP

OCTOBER 11, 2022

Timberlake : Trademarks is an area of the law that is constantly changing, which is part of what makes it so interesting. As a system of signs, trademark law touches on many different aspects of culture, while at the same time being of great practical importance to many (perhaps most) businesses.

IP 105

IP Law Intellectual Property Privacy 105

SpicyIP

APRIL 30, 2023

On the other hand, the defendants disputed the legitimacy of the assignment deed and the registration of the mark and further tried to discredit the applicant of the mark as a proclaimed offender. Delhi High Court dismisses a rectification petition against the registration granted to “Burger King.” Glenmark to pay USD 87.5

Confidentiality 105

Confidentiality Trademark Copyright Patent 105

LexBlog IP

JULY 8, 2021

If you begin an application with the United States Patent and Trademark Office (USPTO)’s TEAS System, you will encounter the following: “1(a) – Actually using the mark in commerce now”. “1(b) 44(e) – Foreign registration exists for the same goods/services”. Related : What are Trademarks and What Do They Protect? Zazu Designs v.

Trademark 52

Trademark Registration Web Development Advertising 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

Thus, other cases have applied conversion law to alleged theft of domain name registrations (e.g., If it had, it would have eliminated the distinctions between IP law and the law of chattels. If it had, it would have eliminated the distinctions between IP law and the law of chattels.

Licensing 89

Licensing Copyright Contracts Advertising 89

The IP Law Blog

MARCH 2, 2021

3, January/February 2021, by the American Bar Association. In Romag , the Court examined whether a plaintiff in a trademark infringement action is required to show that a defendant willfully infringed the plaintiff’s trademark to obtain a profits award. Published in Landslide , Vol. Reproduced with permission.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

LexBlog IP

JULY 21, 2021

It can also mean as the proxy or substitute holder of rights here on earth because no spiritual being will receive a copyright certificate, trademark registrations, or letters patent. courts have denied registration to religious marks as being offensive to other believers or to non-believers. ” But neither the PTO nor U.S.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52