SpicyIP
NOVEMBER 8, 2023
For collective marks, he argued that out of 10 collective mark registrations he examined, 9 were granted erroneously. A brand owner’s injunction now depends on the ad’s content, checking if the same confuses or causes blurring or tarnishment. Also, check Joff Wild on the Allegations Against Indian Patent Office.
IP and Legal Filings
JANUARY 30, 2022
This popular case originated from a long-running legal dispute involving the Petitioner, Lucky Brand Dungarees, Inc. Lucky Brand), and the Respondent, Marcel Fashions Group, Inc. Lucky Brand claimed a defense against Marcel in the most recent case between the two, which it had not fully explored in a previous suit between them.
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IP Tech Blog
NOVEMBER 2, 2023
the Court, with a 2-1 majority, found that the Board wrongly cancelled the registration of a trademark holder due to the filing of a fraudulent declaration by its former attorney to obtain incontestable status of the trademark “DANTANNA’S.” The “DANTANNA’S” trademark issued in 2005. Chutter, Inc. , emphasis in original).
The TTABlog
DECEMBER 21, 2021
The NAKED condom case returned to the TTAB after a CAFC reversal [ TTABlogged here ] and the Supreme Court's denial of the registrant's petition for writ of certiorari (September 2021). Nor did respondent have advertising material or seek FDA approval.
IP and Legal Filings
NOVEMBER 1, 2023
Frank Schechter which says that a common (Generic) name can be registered by anyone, but no one has the exclusive right to that trademark, For instance, the renowned brand Apple has its trademark registered under various classes but the word ‘apple’ diluted under class 29 of the food category. Court refused the registration for Philips Co.
IPilogue
SEPTEMBER 22, 2021
(MJT) applied to the United States Patent and Trademark Office (USPTO) seeking registration for use of the word “THE” on clothing, handbags, and related goods. Although OSU claims to have used the mark in commerce since August 2005, MJT’s application was filed earlier. THE dispute between the two parties continued from there.
Kluwer Copyright Blog
NOVEMBER 26, 2023
Years later, in 2005, the U.S. Copyright registration may be obtained to create a public record of the work and to assist the copyright owner in enforcement of their rights. Copyright registration in the U.S. Copyright Office have failed to show sufficient human involvement to allow their registration to proceed.
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