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Cancellation of a Registered Mark Based on Fraud in Section 15 Affidavit Not Allowed

LexBlog IP

On Wednesday, a divided panel of the Federal Circuit issued a precedential decision reversing the USPTO’s cancellation of a registered trademark (Great Concepts, LLC v. The Back Story In 2003, Great Concepts applied to register DANTANNA’S for restaurant services. Chutter, Inc., 2022-1212).

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Fraudulent Incontestability Declarations: Textual Fidelity vs. Fraud Deterrence

Patently-O

18, 2023) , the Federal Circuit addressed whether fraud in a declaration of incontestability justifies cancelling the underlying trademark registration. Their disagreement centers on the scope of “maintaining” a registration and policy concerns over deterring false statements. I’m sure they are lovely.

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Governance and Supervision of Trademark and Patent Agents: Discussing DHC’s Saurav Chaudhary vs. Union Of India

SpicyIP

If so, what will be the liability of such agents – damages, suspension, or cancellation of registration? Section 130 and Rule 116 empower the Controller to remove the name of a patent agent from the register if s/he is found to be guilty of professional misconduct. Though his registration was later restored.

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Trademark Infringement Get So “Lucky”

IP and Legal Filings

The Respondent secured federal trademark registration for “Get Lucky” in 1986, and the Petitioner commenced offering garments employing the registered trademark “Lucky Brand” and term “Lucky” a few years later, in 1990. This case saw the issuance of several marks.

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5 Landmark Trademark Infringement Cases of 2022

Intepat

The Plaintiff alleged that the Defendant’s mark “Casinos Pride”, the label, the design of the bottle in which the Defendant sold its product and the package in which the bottle was packed, all infringed the Plaintiff‘s registered trademarks “Blender’s Pride” and “Imperial Blue”. The Plaintiff also sought relief under passing-off.

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Understanding Freedom to Operate (FTO) Concerning IP & Patents

Kashishipr

Three pharmaceutical companies, including Enzon Pharmaceuticals, Micromet AG, and Cambridge Antibody Technology (now acquired by AstraZeneca), in September 2003 announced signing a non-exclusive cross-license agreement.

IP 105
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Customs Intervention for IP in the Indian Sub-Continent

Kashishipr

A Unique Temporary Registration Number (UTRN) is generated on filing the online application. After approval of the application for recordation by the Commissioner of Customs, the UTRN will be converted to UPRN (Unique Permanent Registration Number), and the said UPRN would be issued, which confirms the recordation.

IP 105