43(B)log

APRIL 29, 2024

2024 WL 1772833, No. 23, 2024) Skipping the copyright and trade secrets part of the case. (In False advertising: Meishe pointed to statements defendants made in their copyright notice at tiktok.com, in the ByteDance Code of Conduct, in TikTok’s Intellectual Property Policy, and in TikTok’s terms of service. Tiktok Inc.,

False Advertising 59

False Advertising Intellectual Property Copyright Notice Advertising 59

The IPKat

MAY 26, 2024

GikII, an annual conference on law, technology and pop culture, has launched the call for papers for its 2024 edition. This year, the conference will be held on 4 and 5 September 2024 at University College London. The course is delivered both offline and online, and the registration is available here.

Advertising 62

Advertising Advertising Technology Editing 62

The TTABlog

MARCH 12, 2024

The Board granted a petition for cancellation of a registration for the mark MRS. COLORADO , finding that Respondent Abundance Productions had not used the mark in commerce in connection with "Entertainment in the nature of beauty pageants" on or before the filing date of the underlying application. Emphasis supplied]. Wandel Mach.

Service Mark 67

Service Mark Registration Licensing Advertising 67

The TTABlog

APRIL 19, 2024

The Board sustained this opposition to registration of the proposed mark WOOLWAX for "corrosion inhibitors in the nature of a coating; rust preventatives in the nature of a coating" and for "all purpose lubricants," on the ground of mere descriptiveness under Section 2(e)(1). Welch 2024. Not good enough, said the Board. Opposition No.

Advertising 57

Advertising Advertising Registration Marketing 57

The TTABlog

APRIL 18, 2024

91244891 (April 11, 2024) [not precedential] (Opinion by Judge Thomas W. Oddly, Opposer pleaded 35 registrations, 27 of which have been cancelled. The Board focused on one of the pleaded, live registrations, as noted above. Welch 2024. How do you think this came out? Nemiroff Intellectual Property Establishment v.

Registration 44

Registration Advertising Advertising Marketing 44

SpicyIP

MAY 20, 2024

Highlights of the Week Announcing the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law Prof (Dr.) Shamnad Basheer’s 48th birth anniversary today, we are excited to announce the 2024 Shamnad Basheer Essay Competition on IP Law! Drop a comment below to let us know. On the occasion of Prof.

Trademark 45

Trademark Advertising Advertising Copyright 45

The TTABlog

APRIL 17, 2024

April 15, 2024). That same principle applies to trademark registration. The lower court found that Timberland's advertising did not call attention to the features that were the subject of its trademark application, but rather depicted the entire boot. Welch 2024. TBL Licensing v. Vidal , Appeal No. 23-1150 (4th Cir.

Designs 62

Designs Design Advertising Advertising 62

The TTABlog

FEBRUARY 27, 2024

The USPTO refused registration of the mark TABLEAU for wine, finding confusion likely with the identical mark registered for "restaurant and bar services; cocktail lounges." 97040804 (February 22, 2024) [not precedential] (Opinion by Judge Wendy B. Welch 2024. How do you think this came out? In re Caymus Vineyards , Serial No.

Registration 51

Registration Trademark Advertising Advertising 51

The IPKat

NOVEMBER 11, 2022

Bobo Vieri during his Juventus tenure Can the unauthorized production (minting), advertising, and offer for sale of a non-fungible token (NFT) infringe one’s own trade mark rights? While Vieri had authorized the use of his image (until 2024), Juventus had not granted any authorization. decision on 20 July 2022, case No 32072/2022 ).

Non-Fungible Tokens 145

Non-Fungible Tokens Advertising Advertising Registration 145

The TTABlog

APRIL 24, 2024

88437933 (April 19, 2024) [not precedential] (Opinion by Judge Thomas L. According to Fumari, those two marks are like SPICED CHAI in that they are "vaguely evocative" of a flavor, and therefore those two registrations are "evidence" that the Board should reverse the refusal here. Welch 2024. In re Fumari, Inc. Casagrande).

Social Media 62

Social Media Advertising Advertising Registration 62

The TTABlog

JANUARY 30, 2024

90897101 (January 22, 2024) [Not precedential] (Opinion by Judge Melanye K. The Board gave the cold shoulder to MetaBev's assertion that its hard seltzer and registrant’s beer are marketed to different consumers, in different areas of stores. TTABlogger comment: Note the differing treatment of the third-party registration evidence.

Registration 51

Registration Marketing Marketing Advertising 51

The TTABlog

APRIL 2, 2024

The Board dismissed this opposition to registration of a mark comprising the product configuration of boxes for storing board game components or dice, rejecting Opposer Chris Taylor's claims of de jure functionality and lack of acquired distinctiveness. 91255161 (March 29, 2024) [not precedential] (Opinion by Judge Elizabeth A.

Designs 57

Designs Design Social Media Registration 57

The TTABlog

APRIL 22, 2024

91272724 (April 18, 2024) [not precedential] (Opinion by Judge Cheryl S. As to the strength of opposer's registered mark, two third-party registrations for non-food items were insufficient to dent the commercial strength of SUZY Q'S, and there was no evidence of use in the marketplace of SUZY or SUZY Q’S with cake. Welch 2024.

Branding 44

Branding Brands Branding Social Media 44

SpicyIP

MARCH 11, 2024

Case Summaries Therelek Machines Private Limited vs Therelek Engineers Private Limited on 28 February, 2024 (Karnataka High Court) The petitioner challenged the rejection of its interim application under Section 124 of the Trade Marks Act, seeking a stay in a suit for trademark infringement.

Trademark 59

Trademark Registration Copyright Patent 59

SpicyIP

APRIL 15, 2024

Controller of Patents: Foreign Disclosure requirement and Patent (Amendment) Rules, 2024 Recently, the DHC imposed costs worth INR 1 Lakh on Google for concealing information about the rejection of its foreign patent applications corresponding to the application filed in India. Read on to know more. Google LLC v.

Fair Use 59

Fair Use Licensing Trademark Patent Application 59

The TTABlog

JANUARY 31, 2024

97219378 (January 29, 2024) [Not precedential] (Opinion by Judge Angela Lykos). Competitors in the cruise ship field should be free to continue to use this merely descriptive language when describing their own cruise ship services to the public in advertising and marketing materials. Welch 2024. How do you think this came out?

Registration 51

Registration Marketing Marketing Advertising 51

43(B)log

APRIL 15, 2024

3d - , 2024 WL 1083462, No. 12, 2024) GMP is a nonprofit focused on sustainable butchery and meat production practices. The court denies a preliminary injunction on the trademark claims based on lack of likely success on the merits, but declines to dismiss either infringement or false advertising claims. Good Meat Project v.

False Advertising 64

False Advertising Advertising Advertising Marketing 64

SpicyIP

FEBRUARY 19, 2024

Case Summaries Hmd Mobile India Private Limited vs Mr Rajan Aggarwal & Anr on 9 February, 2024 (Delhi HC) image from here The Plaintiff had filed a petition under Section 50 of the Copyright Act, 1957 for expunging the copyright registration against the Defendant. Sun Pharma Laboratories Ltd. vs Dabur India Ltd. &

Invention 105

Invention Music Art Patent Application 105

The TTABlog

FEBRUARY 2, 2024

Applicant argued that the cited mark is weak in view of third-party uses and registrations in the travel field, and so confusion is not likely. 90526989 (January 31, 2024) [Not precedential] (Opinion by Judge Robert H. Welch 2024. How do you think this came out? In re Brunvoll and Associates LLC , Serial No.

Registration 67

Registration Service Mark Advertising Advertising 67

LexBlog IP

FEBRUARY 7, 2024

It includes many rules, several of them directed at the language of business in Quebec, and some regarding the use of French on both product packaging and signage/advertising. The Canadian Trademarks Office is experiencing significant delays and it is difficult to obtain a registration in less than 3 years.

Registering Trademarks 52

Registering Trademarks Advertising Advertising Social Media 52

SpicyIP

JANUARY 22, 2024

Recently the DHC held that conducting the DUS testing is essential before a plant variety application can be advertised. Aslam on 16 January, 2024 (Calcutta High Court) Calcutta High Court vacated an earlier interim injunction order finding that the plaintiff guilty of suppressing material facts. Vedika writes on this order.

Patent Prosecution 59

Patent Prosecution Music IP Registration 59

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. 92075021 (March 8, 2024) [not precedential] (Opinion by Judge Martha B. Welch 2024. But what about the marks? Text Copyright John L.

Advertising 48

Advertising Advertising Branding Brands 48

The TTABlog

JANUARY 17, 2024

Banc of California petitioned to cancel a registration for the mark shown below left, on the ground of likely confusion with its registered mark shown below right, both for, inter alia , banking services. 92075496 (January 14, 2024) [not precedential] (Opinion by Judge Michael B. It all boiled down to the first DuPont factor.

Designs 67

Designs Design Registration Service Mark 67

TorrentFreak

FEBRUARY 16, 2024

The company’s complaint filed last year targeted the unknown domain registrant of kokoatv.net, kokoa.tv, and vidground.com. All three domains were registered at Namecheap which requires registrants to consent to personal jurisdiction in Arizona when in dispute with a third party. Liburdi handed down his order on February 6, 2024.

Copyright 112

Copyright Trademark Copyright Infringement Registration 112

The TTABlog

JANUARY 9, 2024

In re Post Foods, LLC , 2024 USPQ2d 25 (TTAB 2024) [precedential] (Opinion by Judge Thomas V. The description of the mark makes no mention of “crisp rice cereal pieces,” but even if it did, we look to the identification of the goods, not the mark description, to define the scope of the goods for which registration is sought.

Advertising 73

Advertising Advertising Registering Trademarks Trademark 73

LexBlog IP

JANUARY 31, 2024

On January 1, 2024, the copyrights in a number of recognizable works entered the public domain, including, among others, Disney’s iconic Mickey Mouse film “Steamboat Willie,” along with the specific depictions of Mickey Mouse and other characters in the film; A. .”

Public Domain 52

Public Domain Trademark Copyright False Advertising 52

The TTABlog

MARCH 5, 2024

90518181 (February 27, 2024) [not precedential] (Opinion by Judge Christopher C. TTABlogger comment: Another trademark applicant shsot down while trying to extend protection for an out-of-patent invention by way of a potentially perpetual trademark registration. Welch 2024. In re JM4 Tactical, LLC , Serial No.

Design Patent 70

Design Patent Designs Design Trademark 70

43(B)log

APRIL 29, 2024

20-6057 & 20-6100, 2024 WL 1724995 (10 th Cir. 23, 2024) Hetronic has US registrations; Abitron sold Hetronic-branded products without permission to customers around the world, including in the United States. Use in commerce” covers “the sale, offering for sale, distributing, or advertising of any goods or services.

Advertising 59

Advertising Advertising Trademark Branding 59

The TTABlog

JANUARY 2, 2024

32: No Preclusive Effect in Cancellation Proceeding if Challenged Registration Survives Reexamination or Expungement TTAB Issues Protective Order Excluding Petitioner's Executive Director from Taking or Attending the Depositions of Two Witnesses, Due to Past Harassment Precedential No. TTABlog Test: How Well Do You Know Your TTAB Precedents?

Registration 70

Registration Designs Design Reporting 70

43(B)log

JANUARY 19, 2024

2024 WL 195999, No. 18, 2024) The court, grappling with the Fifth Circuit’s rather inconsistent law on misdirected communications, denies a preliminary injunction (subject easily guessable by party names). It has a registration for its logo, comprising stylized wording and a graphic of roads. Rampart Resources, Inc.

Advertising 59

Advertising Advertising Branding Brands 59

LexBlog IP

MARCH 15, 2024

Throughout the twentieth century, many newspapers, advertisements, magazines, textbooks, and other reference materials used the term “red gold” to describe the gold-copper combination. Text of Solid 21 v Breitling, 22-366 (2d Cir March 14, 2024). From the decision: “Left untouched, pure gold is yellow.

Fair Use 52

Fair Use Social Media Trademark Advertising 52

The IPKat

SEPTEMBER 30, 2023

The short-listed candidates will have to send their essays before 15 February 2024. Registration closes on 12 October 2023. The essay should have a European dimension and include elements related to the collective management of authors’ right. Candidates must send a one-page summary of the essay before 15 November 2023.

Intellectual Property 67

Intellectual Property Intellectual Property Management Editing IP 67

Patently-O

MAY 5, 2024

by Dennis Crouch In its initial decision, the TTAB dismissed iFIT’s opposition to ERB’s I-FIT FLEX registration — finding no likelihood of confusion because the goods were in separate markets. Bensalem , 92 F.4th 4th 1113 (Fed.

Branding 63

Branding Brands Branding Marketing 63

SpicyIP

DECEMBER 17, 2023

Ankit Sahni’s AI “Co-authored” Artwork Denied Registration by US, Continues to be Registered in India Can AI (co)author art? 14 [Submissions by February 29, 2024] NALSAR’s Indian Journal of Intellectual Property Law (IJIPL) is inviting submissions for its 14th Volume. The last date for submission of entries is February 29, 2024.

IP 59

IP Trademark Advertising Advertising 59

43(B)log

FEBRUARY 21, 2024

2024 WL 665181, No. 16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. WCT hasn’t done much marketing, and the fact that both parties advertise online, including in the App Store and search engines, was “unremarkable under the precedent.” World Champ Tech LLC v.

Marketing 59

Marketing Marketing Trademark Branding 59

Patently-O

DECEMBER 12, 2021

. § 1052(c) provides, in pertinent part, that the PTO must deny federal registration to a trademark if it “[c]onsists of or comprises a name, portrait, or signature identifying a particular individual except by his written consent….”

Registration 69

Registration Government Advertising Advertising 69

SpicyIP

DECEMBER 24, 2023

UK Supreme Court Confirms No Patent for “AI-invented” Inventions Image from here On December 20, the UK Supreme Court affirmed its previous decision to deny registration to inventions by Dr. Stephen Thaler’s AI DABUS, holding that an AI software cannot be listed as an inventor. SpicyIP intern Vedika discusses this development. and Ors. ,

Registration 52

Registration Trademark Copyright Registering Trademarks 52