The IP Law Blog

FEBRUARY 1, 2024

Under the Rogers test, the use of a third-party mark in an expressive work does not violate the Lanham Act unless the use has no artistic relevance and explicitly misleads as to the source or the content of the work. It has been using the PUNCHBOWL mark since 2006 and has federal trademark registrations covering the mark.

Television 113

Television Trademark Law Registration 113

JD Supra Law

FEBRUARY 16, 2023

Is it “hashtag law,” as the PTO examiner suggested would be the most common understanding, or “pound law,” as alleged by the unsuccessful registrant of #law as a service mark. And to what does it refer: a hashtag for a social media topic, or a number that can be dialed from a mobile phone to reach an attorney referral service?

Trademark Law 52

Trademark Law Law Social Media Service Mark 52

LexBlog IP

FEBRUARY 20, 2024

As a firm of trademark and alcohol attorneys, it’s always a thrill when those two topics collide, especially on a major stage. In short, if your trademark is famous enough (think REALLY famous), the law provides added methods to protect your mark above conventional trademark infringement. In 2017, Diageo sued W.J.

Branding 52

Branding Brands Branding Trademark 52

The IPKat

SEPTEMBER 22, 2021

They are the following: Annual Conference on European Trade Mark and Design Law 2021 On 6-8 October 2021 it will be the turn of the Annual Conference on European Trade Mark and Design Law 2021 , which will take place online in 3 morning (CEST time zone) sessions. It will be delivered in 3 afternoon (CEST time zone) sessions.

Intellectual Property 70

Intellectual Property Copyright Law Intellectual Property Law Designs 70

The IPKat

OCTOBER 3, 2021

Trade Marks SpicyIP reviewed a ruling from the Bombay High Court concerning the deceptive similarity between signs. VA’ in connection with whiskey, in light of an earlier trade mark, ‘THE ASWA’, registered under Class 33 for alcoholic beverages. Each business had a figurative mark containing ‘iCollege’ in them.

Blogging 113

Blogging IP Copyright Law Registration 113

The TTABlog

MAY 3, 2023

90358149 (May 1, 2023) [not precedential] (Opinion by Judge Jyll Taylor) [Section 2(d) refusal of MAJESTIC MANGO for "Ice cream infused with alcohol; Sorbet infused with alcohol" [MANGO disclaimed] in view of the registered mark MAJESTIC SHAKES for "Frozen confections; ice cream products, namely, ice cream and ice cream drinks" [SHAKES disclaimed].

Marketing 72

Marketing Marketing Copyright 72

The IPKat

FEBRUARY 19, 2024

The case law on the protection of geographical names as trade marks started with the CJEU’s Windsurfing Chiemsee judgment (cases C-108/97 and C-109/97 ). The absolute ground of refusal of descriptive trade marks (now Art. Other noteworthy decisions concerned the trade mark ‘NEUSCHWANSTEIN’.

Art 62

Art Registration Designs Design 62

IPilogue

DECEMBER 6, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. However, HBC’s registration over its design mark was expunged by the Canadian Intellectual Property Office on September 24, 2020 for failure to renew. HBC presumably relies on its remaining registered marks to argue that Zellers Inc.

Trademark 111

Trademark Intellectual Property Intellectual Property Law Registration 111

The IPKat

SEPTEMBER 10, 2023

Trademarks and Designs Hayleigh Bosher provided an update on the UKIPO's second round of consultations on proposed changes to deliver better digital services, with the main focus on trade mark and design services. Readers can respond to the consultation with their views on these topics, before 11:59am on 31 October 2023.

Intellectual Property 70

Intellectual Property Designs Design Reporting 70

Corsearch

APRIL 5, 2024

These sessions, led by esteemed panelists from organizations such as Warner Music Group, Estée Lauder, PwC, and more, explored a diverse range of topics crucial to the modern trademark landscape, which are covered in more detail below. Portfolio management: Regularly audit trademarks and watches to ensure alignment with business objectives.

Trademark 59

Trademark Confidentiality Branding Brands 59

Kashishipr

JANUARY 12, 2022

They qualify as a metadata tag and aid the user to create, identify, follow, and contribute to a particular conversation or a topic on social networking sites and across other internet applications. The defendant instead of using the bare marks used them as #Cloudpen and #Cloudpenz. Answer the Big Question.

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

IP and Legal Filings

JULY 5, 2023

Trademarks are used to identify and protect a product’s or service’s words and graphic components. In India, trademarks are controlled by the Trade Marks Act 1999, which lays out several rules that clarify the system and stages required for registering a trademark. It might be a symbol, a motto, or even the product name.

Trademark 59

Trademark Registration Branding Brands 59

The IPKat

NOVEMBER 21, 2021

TRADE MARKS According to Professor Barton Beebe of NYU School of Law, more than 77% of the 20,000 most common English words identically match a EUTM registration, and the remaining 23% of words have negative connotations. Is Europe running out of trade marks? James Nurton posted on IPWatchdog about this question.

Blogging 73

Blogging IP Moral Rights Copyright 73

IPilogue

DECEMBER 1, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. On October 28, 2021, Facebook’s founder, Mark Zuckerberg, announced that the company will change its corporate name to “Meta”. Trademarks. Trademarks may be registered under the Act in Canada.

Business 111

Business Trademark Social Media Registration 111

The IPKat

DECEMBER 19, 2021

TRADE MARKS When it comes to trade mark disputes, Italian football club AC Milan recently lost a match against German company InterES (and yes, the company name is not intentional). Wilkof discussed patent trolling and the long debate about it and whenever this topic might still be relevant and deserving of attention.

Patent Troll 78

Patent Troll Copyright Reporting Blogging 78

The TTABlog

JULY 28, 2022

In re Radnet, Inc. 90492198 (July 25, 2022) [not precedential] (Opinion by Judge Marc A. In re Ucorp Pty Ltd, LLC , Serial No.

Designs 64

Designs Design Copyright 64

The IPKat

MARCH 6, 2022

TRADE MARKS The so-called "metaverse" and "non-fungible tokens" (NFTs) have generated hype among technology enthusiasts over the past two years. In addition, potential and tangible intersections between intellectual property and these trending topics were recently discussed by The Trademark Lawyer Magazine.

Blogging 85

Blogging Non-Fungible Tokens IP Intellectual Property 85

The TTABlog

FEBRUARY 4, 2022

[Section 2(d) refusal of PACHAMAMA for, inter alia , "herbal tinctures" and "essential oils; non-medicated topical skin care preparations" all "containing naturally occurring trace amounts of CBD derived from hemp and less than.3% In re Center For Excellence In Higher Education, Inc. 88893908 (February 2, 2022) (Opinion by Judge Martha B.

Higher Education 59

Higher Education Copyright 59

The IPKat

NOVEMBER 27, 2023

By decision of 9 October 2023, the Board of Appeal (BoA) of EUIPO annulled the initial refusal to register a position trade mark for footwear. Background On 12 April 2022 Paredes Holding Center SL (the Applicant) filed an application for the EU registration of the position trade mark no. 7 (1)(b) of the EUTMR. 7 (1)(b) of the EUTMR.

Television 73

Television Branding Brands Branding 73

The IPKat

NOVEMBER 27, 2023

Darren Meale of Simmons & Simmons presents the thirteenth volume in his rundown of notable trade mark cases over the past six months. It is also a neat illustration of the potential for trade mark disputes to arise, and be aired in court, long after the competing brands enter the market. That is likely the right conclusion.

Editing 70

Editing Registration Branding Brands 70

The IPKat

MARCH 16, 2024

Kat news Eleonora Rosati commented in a Politico article on the refusal of the trade mark application for the figurative sign by the EUIPO (no. 018672791 ), filed by the Administration of the State Border Guard Service of Ukraine. With rising temperatures and spring in the air in Europe, here come the latest Kat news, events and more.

Intellectual Property Law 67

Intellectual Property Law Intellectual Property Blogging Copyright Law 67

LexBlog IP

NOVEMBER 3, 2023

. (“Panini”) applied to register the mark MOSAIC for “collectible trading cards; sports trading cards” in Class 16. In April 2021, RLP Ventures, LLC (“RLP”) filed a Notice of Opposition, notably representing itself pro se.

Confidentiality 52

Confidentiality Registration Trademark Intellectual Property 52

The IPKat

FEBRUARY 27, 2022

It will discuss how content providers can effectively regulate and enforce this balance in their role as intermediaries in this ecosystem through their private norms, particularly end-user license agreements (EULAs) and terms of use/service. More information about the proposed topics and the scientific committee can be found here.

Intellectual Property 67

Intellectual Property Registration Licensing Copyright 67

The IPKat

MARCH 27, 2022

TRADE MARKS A few days ago, the virtual event " Metaverse Fashion Week " (MVFW) started in the virtual environment called " Decentraland ". The Fashion Law discussed the implications of trade mark protection in the Metaverse. This marks a trend of "upcycling" or "creative reuse" that does not seem to stop.

Blogging 76

Blogging IP Reporting Journalism 76

The IPKat

JANUARY 16, 2022

The €47 million EU SME fund provides for the reimbursement of 90% of the fees charged by the Member States for IP scanning services that perform a comprehensive assessment of the intellectual property needs of the applicant SME, taking into account the innovation potential of its intangible assets.

Intellectual Property 80

Intellectual Property Registration IP Copyright 80

The IPKat

APRIL 27, 2023

Patents Annsley Merelle Ward reported on the Berichten Industriële Eigendom Symposium 2023, which featured a panel comprising Dutch UPC judges and a member of the drafting committee of the Rules of Procedure which addressed topics such as the Rules of Procedure and the Agreement on the Unified Patent Court.

Reporting 67

Reporting Advertising Advertising Music 67

The IPKat

JANUARY 16, 2022

Miscellaneous IPTango discussed a recent transparency report published by Mercado Libre, divided into four main topics: user information requests (section one), product security and quality (section two), protection of IP rights (section three), and privacy matters (section four).

Blogging 82

Blogging IP Publishing Intellectual Property 82

The TTABlog

JUNE 22, 2023

Ramsey of the University of San Diego School of Law have just published an article on a very timely topic: "Raising the Threshold for Trademark Infringement to Protect Free Expression," 72 American University Law Review 1179 (2023). Professor Christine Haight Farley of American University - Washington College of Law, and Professor Lisa P.

Trademark 52

Trademark Trademark Law Fair Use Blogging 52

LexBlog IP

APRIL 11, 2023

In a precedential decision, the Trademark Trial and Appeal Board (the “Board”) reversed six refusals to register The New York Times Company’s (the “Times”) names of its newspaper columns, THE NEW OLD AGE, A GOOD APPETITE, HUNGRY CITY, WORK FRIEND, OFF THE SHELF, and LIKE A BOSS (the “Marks”).

Registration 52

Registration Trademark Advertising Advertising 52

The IP Law Blog

JUNE 17, 2021

I wrote about a similar topic prior to Allegiant Air becoming the official sponsor of the Las Vegas stadium that the Raiders now call home. As a result, Starbucks will be required to file a statement of use once it has used the mark in connection with the relevant services. I’m experiencing déjà vu.

Trademark 98

Trademark Branding Brands Branding 98

LexBlog IP

FEBRUARY 1, 2024

Under the Rogers test, the use of a third-party mark in an expressive work does not violate the Lanham Act unless the use has no artistic relevance and explicitly misleads as to the source or the content of the work. It has been using the PUNCHBOWL mark since 2006 and has federal trademark registrations covering the mark.

Television 52

Television Trademark Registration Government 52

The IPKat

FEBRUARY 26, 2023

The Faculty of Law at the University of Geneva recently hosted (on February 7, 2023) an international conference on the topic “ Intellectual Property & Sustainability ”. Calboli addressed the right of exhaustion of trade marks in the circular economy especially in the resale sectors.

Intellectual Property 76

Intellectual Property Reporting IP Technology 76

The IP Law Blog

MARCH 5, 2021

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. There is a two-part test used to determine whether a designation is generic: (1) What is the class of goods or services at issue?

Trademark 85

Trademark Branding Brands Branding 85

The IPKat

JULY 9, 2022

The conference, which from now on will be a yearly event, was excellent: during the two days of proceedings, over 50 speakers covered topical issues and recent case law spanning all substantive IP rights: not just trade marks designs and geographical indications (all areas over which the EUIPO does have competence), but also copyright and patents.

Registration 98

Registration IP Designs Design 98

Erik K Pelton

SEPTEMBER 4, 2020

Each time I go to a legal conference or a business conference, one of the biggest topics people are buzzing about is artificial intelligence, and how it might transform the way that a particular career or job or role or industry operates. When I file a new trademark application, many things go into it.

Trademark 130

Trademark Art Trademark Law Law 130

LexBlog IP

APRIL 27, 2022

Of the four types of trademarks, fanciful trademarks receive the most protection from trademark infringement since: they did not previously exist in connection with the sale of a good or service; and, carry no prior meaning. In addition, fanciful marks are more likely to obtain trademark registration (i.e., Merely Descriptive.

Trademark 52

Trademark Branding Brands Branding 52

The IPKat

JUNE 26, 2022

The event is designed to encourage interactive discussions among participants through panel debates, with each of them covering 4 or 5 key topics related to each specific sector. Its massive use brings legal consequences for classic IP rights and offers real challenges in particular to trade marks, copyright and related rights and patents.

Intellectual Property 117

Intellectual Property IP Registration Copyright 117