43(B)log

FEBRUARY 26, 2024

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. Arm or Ally, LLC, 2024 WL 756474, No. It was not.

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Technology & Marketing Law Blog

JULY 9, 2023

The EU IPO denied a trademark registration for the following symbol in various real estate-related classes: The trademark examiner determined that the symbol means “I love you” in American Sign Language (ASL). The post European IP Office Denies Trademark Registration for “I Love You” Emoji ?

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Technology & Marketing Law Blog

JULY 16, 2021

Advertising/E-Commerce. While such social media posts may not have the indicia of a traditional advertisement, there can belittle doubt that these paid posts are in fact advertisements… Today, consumers face waves of advertisements amid a sea of product choices. Robinhood Markets, Inc., Ariix, LLC v.

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Advertising Advertising Contracts Social Media 108

Patently-O

NOVEMBER 21, 2022

The SoClean device has a compact filter that should be replaced every six-months–creating a nice subscription market. 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.

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43(B)log

FEBRUARY 21, 2024

16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. WCT’s app was first released in 2014 for the iPhone and Pebble watch as a metric-tracking cycling app that was designed to “track speed, distance, altitude, and grade.” World Champ Tech LLC v. Peloton Interactive, Inc.,

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Marketing Marketing Trademark Branding 59

The TTABlog

SEPTEMBER 2, 2021

opposed registration of the mark shown below left, claiming a likelihood of confusion with its registered mark shown below right, both for clothing. Moreover, the alligator design is larger that the wording in applicant's mark. Lacoste Alligator S.A. And so, the Board sustained the opposition. Read comments and post your comment here.

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Canadian Intellectual Property Blog

JUNE 15, 2021

Industrial designs (“ID”) protect a product’s unique appearance such as shape, configuration, pattern and/or ornamental features. The protection can be obtained for the design of the entire finished article or just a part of it. These types of considerations are protectable through patents or trade secrets. Notably, an applicant (i.e.,

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LexBlog IP

AUGUST 16, 2023

Essential Benefits of Trademark Registration – Part 7 This is the seventh in a series of posts about the benefits of having your trademark registered. Trademark registration aids in building a cohesive brand identity. Consistent Visual Identity Trademark registration solidifies your brand’s visual identity.

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The TTABlog

SEPTEMBER 13, 2022

As to applicant's stylized mark, the degree of stylization "is not notable apart from the literal element "hifi," and does not serve to distinguish it from Registrant's Mark." The Board found the services to be overlapping, but what about the marks? How do you think this appeal came out? In re HIFI Brands, LLC , Serial Nos.

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Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. Industrial Design.

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LexBlog IP

AUGUST 16, 2023

Essential Benefits of Trademark Registration – Part 6 This is the sixth in a series of posts about the benefits of having your trademark registered. Establishing Legal Ownership and Exclusivity Trademark registration establishes your legal ownership over a distinctive mark.

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Intepat

MAY 28, 2024

This success is largely attributed to Apple’s effective trademarking of various designs and sounds related to its products and services. Notably, Apple trademarked its store design in the United States in 2011. has invested heavily in marketing and brand promotion, making its trademark well-known to consumers.

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Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights. Design Rights.

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Intellectual Property Designs Design Artwork 52

IP and Legal Filings

JULY 17, 2023

Introduction ABU DHABI GLOBAL MARKET lodged an appeal against the rejection of its trademark registration application contending that the rejection by the Trade Marks Registry was unfounded both in fact and in law, while the respondent centered their objections around the use of a geographical name and the lack of distinctiveness.

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Marketing Marketing Trademark Invention 52

The TTABlog

DECEMBER 26, 2023

The Board sustained this opposition to registration of JUICY FRUIT & Design (shown below) for" t-shirt for adults," finding that pro se Applicant David Neal Seller's lacked a bona fide intent to use the mark for t-shirts at the time he filed his application. That application issued to registration in December 2021.

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The IPKat

APRIL 26, 2023

A Registered Community Design (‘RCD’) enjoys protection only if it is new and has individual character vis-à-vis designs disclosed prior to its filing or priority date ( Art. 4(1), 7 of Regulation 6/2002 , ‘Design Regulation’). 7(1) Design Regulation ). 7(1) Design Regulation ). 6 of Directive 2005/29/EC.

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Designs Design Art Intellectual Property 76

IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

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Design Patent Designs Design Patent 57

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. Well, they’re right, I can apply, but registration surely won’t be granted. That doesn’t mean you’re in the clear for ownership and registration, however.

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Designs Design Trademark Copyright 52

The TTABlog

APRIL 18, 2024

Oddly, Opposer pleaded 35 registrations, 27 of which have been cancelled. The Board focused on one of the pleaded, live registrations, as noted above. It submitted website evidencing same, as well as four third-party registrations covering both types of products. Nemiroff Intellectual Property Establishment v. Wellington).

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43(B)log

JULY 21, 2023

but also narrows the issues somewhat; the larger infringement, cybersquatting, and false advertising claims can’t be resolved on summary judgment. Axon sued for infringement of the Taser word and design marks and for holding Taser-related domain names for ransom. Axon didn’t seek to enjoin the sales of refurbished Tasers.

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43(B)log

APRIL 15, 2024

It provides farmers, ranchers, and butchers with marketing education and technical assistance; incubates “Meat Collectives” across the country; and educates consumers about responsible meat production and consumption practices. GMI is a food company which produces and sells cultivated, lab-grown meat from extracted animal cells.

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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. Opposer Taylor admitted that alternative designs are available. Example below].

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Designs Design Social Media Registration 57

LexBlog IP

AUGUST 23, 2023

In the cases at issue, the Seminole Tribe of Florida (“Seminole Tribe”) sought trademark registration for a guitar-shaped building for hotel and casino services. 1 Is a Building “Product Packaging” or “Product Design” Trade Dress? See Figure 1. See Figure 2.

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The TTABlog

JANUARY 6, 2022

[Section 2(d) refusal of the word-plus-design mark shown below for, inter alia , "non-metal tiles for countertops, walls, sinks, and floors in bathrooms and kitchens," in view of the registered mark BELLAVITA TILE registered for “Non-metal tiles for walls and floors; ceramic tiles; porcelain tiles; glass tiles.” See any WYHAs? Welch 2021.

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Social Media Advertising Advertising Music 62

azrights

OCTOBER 20, 2023

When that happens, the other party who wants to use the marks will be able to apply to have the trademark registrations cancelled. Designation of origin Among other things, that involves the need to use trademarks as designations of origin.

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Branding Brands Branding Marketing 52

Intepat

DECEMBER 4, 2023

This indicates a vast consumer base and a thriving market for goods and services in India, providing ample opportunities for manufacturers and producers to introduce their products. In recent years, this economic potential has attracted global brands to expand into the Indian market. appeared first on Intepat IP.

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Trademark Branding Brands Branding 52

The TTABlog

OCTOBER 5, 2023

This suggestion was confirmed by Opposer's advertising, which "touts the California sunshine under which Opposer’s citrus fruits are grown." As to commercial strength, there were no third-party uses or registrations of the same or similar sun-kissed formative marks in the industry. Applicant markets KIST to reference a kiss."

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43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

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False Advertising Advertising Advertising Registration 59

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Need for Protection of Personal Name Harnessing a renowned person’s name in marketing not only seizes the public’s attention but also kindles curiosity, generating interest in the associated products and services. However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern.

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Intellectual Property Registration Trademark Personality Rights 76

Corsearch

NOVEMBER 23, 2023

Popular trends in fashion, pharmaceuticals and health, technology, entertainment, and society are often drivers in the words found in trademark registrations. Many of these registrations were from international classes 3, 5, and 10 from some of the top companies in these sectors.

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43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Maryland: First ever digital advertising tax, on gross receipts. may require disclosures and charitable registration: Draper James teachers giveaway.

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Advertising Advertising Law Privacy 40

SpicyIP

MAY 21, 2023

The case concerns the Defendant’s advertisement video depicting a mother and a daughter (whom Justice C. In the lucidly written judgment providing a detailed account of comparative advertisement jurisprudence, it set out the factors to assess advertisement (read para 103). Does that mean that the consumer can be sensitive?

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Trademark Advertising Advertising Invention 59

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The EMSCULPT is a non-invasive medical device designed to stimulate muscle contraction using electromagnetic energy. BTL Industries holds several trademarks related to its products, including the EMSCULPT trademark under USPTO Registration No.

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False Advertising Contracts Advertising Advertising 52

The IPKat

OCTOBER 16, 2023

In the background, the bottle design was displayed (see pictures below). One day after this event, on 10 October 2021, Juicyphant GmbH (‘Juicyphant’) filed for registration of EU trade mark no. The use in advertising and commercial correspondence is of particular relevance. Recently, the EUIPO rejected the opposition.

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Art Registration Social Media Publishing 78

LexBlog IP

FEBRUARY 26, 2024

Copycats: unregistered designs, unfair competition and copyright Better register first than be sorry later. In general it is a good idea to register fashion products which have a reasonable expectation of commercial success as designs or, where possible, as shape-trademarks before they appear on the catwalk.

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IP Designs Design Copying 52

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement.

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Dragons' Den

FEBRUARY 16, 2023

In this week’s blog, I’ll focus on two pitches and consider what is patentable and the difference between designs and patents. Alex explained that his company’s algorithm takes an artist’s data and then turns it into targeted and practical marketing. Zoe told the Dragons that she has applied for a ‘design utility patent’.

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