Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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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91244891 (April 11, 2024) [not precedential] (Opinion by Judge Thomas W. Oddly, Opposer pleaded 35 registrations, 27 of which have been cancelled.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.

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The IPKat

DECEMBER 10, 2023

Image: flickr.com Katfood SMEs and Chinese market opportunities webinar 4IP council is organising a webinar session titled "SMEs and patent holdouts: how European SMEs fight back", dedicated to European SMEs and startups interested in the opportunity that the Chinese market can bring to their businesses. For details, click here.

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The TTABlog

JANUARY 30, 2024

On appeal, Applicant MetaBev argued that "something more" is required than merely showing that the goods are alcoholic beverages, and that the involved goods are marketed to different consumers in different areas of the stores in which they are sold. 90897101 (January 22, 2024) [Not precedential] (Opinion by Judge Melanye K.

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Trademark and Copyright Law Blog

JANUARY 3, 2024

As we ring in 2024, sip some champagne and make a resolution to check in on your trademark portfolio more often. Here are a few productive questions to ask: Do your registrations cover your reality? Or perhaps your business has expanded or evolved, and the scope of your registrations ignores some now-crucial products or services.

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IP and Legal Filings

MARCH 19, 2024

ABSTTRACT The constraints placed on trademark registration, particularly concerning common English words by recent judicial review by Justice C. encourages creativity ; to stand out in the market , businesses will be creative in developing unique brand names and identities which is forced by limitation on the common words.

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The IPKat

NOVEMBER 21, 2023

New acquisition: Merpel and Girl with a Pearl Earring As The IPKat reported a while ago, on 22-24 January 2024, the Pharma and Biotech Patent Litigation Summit will return to Amsterdam (Netherlands). With the central case law and regulatory updates, this event focuses on the European market and those working within life science IP.

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The TTABlog

MARCH 19, 2024

97015288 (March 8, 2024) [not precedential] (Opinion by Judge Mark Lebow). But recently, many marks are being rejected by presenting extrinsic evidence that improperly extends the rights of registrants in an ex parte proceeding based on being so-called substantially related. Welch 2024. In re Salvation Nutraceuticals Inc.

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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.

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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.

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The TTABlog

JANUARY 31, 2024

97219378 (January 29, 2024) [Not precedential] (Opinion by Judge Angela Lykos). The Board concluded that "no mental leap or multi-stage reasoning is required to understand that Applicant intends to market high-end cruise services." Welch 2024. How do you think this came out? In re Seven Seas Cruises S. Text Copyright John L.

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LexBlog IP

AUGUST 24, 2023

In continuation of Goodwin’s previous webinar series concerning biosimilars, Big Molecule Watch is launching the 2023-2024 webinar series , which will dive deep into some of the key topics pertaining to this burgeoning industry and corresponding area of law. The post Biosimilars Webinar Series appeared first on Big Molecule Watch.

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The IPKat

MAY 15, 2024

By decision of 8 May 2024 (T-320/23, only available in Spanish), the General Court (GC) confirmed that the sign "NOT MILK" is descriptive of the products in classes 29 and 32, and that the graphical elements do not significantly alter its descriptive nature. The Applicant appealed. We may recall word EU trade mark no.

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The TTABlog

FEBRUARY 28, 2024

Frequent TTAB litigant Monster Energy Company got mugged in this opposition to registration of the mark shown immediately below, for mugs and plates. 91271109 (February 26, 2024) [not precedential] (Opinion by Judge Mark Lebow). Welch 2024. This post will attempt to hit the highlights of the 53-page opinion.

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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.

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Technology & Marketing Law Blog

FEBRUARY 17, 2024

” Nevertheless, without a call-to-action, the court says that the users were on inquiry notice because (1) “to complete the registration of the account, a user must press a continue button”; and (2) “a reasonable user would know that there was some legal significance attached to the continue button.”

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SpicyIP

JANUARY 29, 2024

In a major development concerning the Ibrutinib patent, DHC restrains generic manufacturers from manufacturing and marketing the life-saving anti-cancer drug. Last date to Register: 29th February 2024 Case Summaries Premier Spg And Wvg Mills Pvt. But what about the public interest? Read Tejaswini’s post to know more.

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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.

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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. Specifically, iFIT contends that it actively markets its fitness training services and exercise equipment to cyclists.

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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.

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Corsearch

NOVEMBER 8, 2023

It’s one of the most important things for your visitors to know and remember, and it’s a critical component of your omnichannel marketing strategy. Domain must be based on company name, Thai Trademark Registration or exactly match an existing.co.th Music Community Organization phase opens October 16, 2023 and will close March 10, 2024.

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43(B)log

FEBRUARY 26, 2024

Arm or Ally, LLC, 2024 WL 756474, No. 23, 2024) The AG sued sellers of “unfinished frames and receivers” — also known as “80% lowers” or “receiver blanks” —designed to evade restrictions on gun sales. Defendants contended that marketing unfinished frames and receivers as “legal” was protected by the First Amendment. It was not.

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LexBlog IP

JANUARY 17, 2024

The CTA takes effect on January 1, 2024. Any reporting company that is created or registered before January 1, 2024, must file a BOI report no later than January 1, 2025. Any reporting company that is created or registered before January 1, 2024, must file a BOI report no later than January 1, 2025.

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The IPKat

JANUARY 19, 2024

Its purpose is to assist producers in preserving the heritage of locally sourced craft and industrial products, allowing them to compete in specific niche markets while maintaining their local knowledge and culture. What is new in Italy On 11 January 2024, Italian Law No. 7 of the Regulation ). 12 of the Regulation ).

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LexBlog IP

JANUARY 30, 2024

The amended Regulations came into effect on 20 January 2024. The Regulations also include a new chapter 12 for implementing the Hague System for the International Registration of Industrial Designs (please see our previous blog post here ).

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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.

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Biswajit Sarkar Copyright Blog

NOVEMBER 1, 2023

The commencement of the Spring/Summer Fashion Week 2024 has seen luxury brands display their designs on the ramp again. Setting aside the aggressive marketing campaign to establish this blue as their signature colour this time around, it is a matter of great debate whether Burberry can attain trademark protection for it.

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LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”).

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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. .”

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LexBlog IP

AUGUST 29, 2023

The CTA takes effect on January 1, 2024. Any reporting company that is created or registered before January 1, 2024, must file a report no later than January 1, 2025. Reports will not be accepted prior to January 1, 2024.

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43(B)log

JANUARY 5, 2024

2024 WL 22039, No: 6:20-cv-2354-GAP-EJK (M.D. 2, 2024) Some interesting comments on when individual instances of “confusion” don’t count, as well as their relevance to evaluating out-of-court social media etc. Plaintiff has seven registered trademarks involving Florida Virtual School or FLVS; two of the registrations are incontestable.

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The IPKat

OCTOBER 13, 2023

The event is free , but registration is required. More details and registration here. The future treaty aims to streamline the global system for protecting industrial designs, making it easier, faster and more affordable for designers to protect their work in home markets as well as overseas.

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SpicyIP

MARCH 4, 2024

Case Summaries BMI Group Danmark Aps vs The Assistant Controller Of Patents on 22 February, 2024 (Delhi High Court) Image from here An appeal was filed against the impugned order rejecting the suit patent for lack of an inventive step. The Court also directed the applicant to pay INR 25 thousand as costs, though later waived this direction.

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The IPKat

JANUARY 15, 2024

By decision dated 11 January 2024 (available only in the original version in Italian ) the EUIPO’s Opposition Division rejected the opposition since the mere association with an animal species is not sufficient to evoke conceptual similarity. 2017000128845 and the International trade mark registration no.

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The IPKat

MAY 9, 2024

018840401 for the padlock and for the pendants under EUTM registration no. The EUIPO therefore concluded that the sign in question is just one more variant of the many existing on the market that adopt simple decorative elements, alone or in combination with each other.

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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. products and to market them at U.S. tradeshows or marketing Abitron’s infringing products online to U.S.

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LexBlog IP

AUGUST 14, 2023

The reporting rule goes into effect on January 1, 2024. The CTA requires new companies or registered on or after the rule’s effective date of January 1, 2024, to provide identifying information of the Company Applicant. The rule goes into effect January 1, 2024. Who is Required to Report? When do I Need to Report By?

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