LexBlog IP

DECEMBER 19, 2023

‘Twas a day in December, when all through the blog, we were writing ‘bout trademarks, as if in a fog. When, what to our wondering eyes should appear, but holiday trademarks, so lovely and dear. The PTO said, as it reviewed the files, we’ve got holiday trademarks, we’ve got ‘em in piles! 5361645).

Trademark 52

Trademark Registration Registering Trademarks Service Mark 52

IP and Legal Filings

AUGUST 11, 2023

Introduction Trademarks are no longer confined to words, numbers, or devices. This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] 7] Is Braille a ‘Mark’ ?

Trademark 80

Trademark Registration Intellectual Property Intellectual Property Law 80

IPilogue

JUNE 23, 2022

Retired Nicklaus now heads his golf course design and construction company, Nicklaus Designs. Nicklaus incorporated GBI Nicklaus in 1984 and he remained manager when the deal was made in 2007. Nicklaus is one of the most prominent names in golf, so this recent filing has garnered the attention of sports reporters.

Contracts 119

Contracts Designs Design IP 119

IP and Legal Filings

NOVEMBER 1, 2022

Regarding the IPR matters, Cambodia has issued the following legal documents: • Law concerning Marks, Trade Name and Acts of Unfair Competition dated January 8, 2002; • Law on Patents, Utility Model Certificates and Industrial Designs, in force since January 2003; • Law on Copyright and Related Right, in force since March 2003.

Trademark 52

Trademark Service Mark Intellectual Property Registration 52

Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

The IPKat

NOVEMBER 29, 2023

It, however, appears that the sign Crompouce® was registered as a trademark with the Benelux Office for Intellectual Property (BOIP) already in 2020 and the design was registered as a Benelux design in the same year. In the media, a discussion emerged among Dutch IP professionals about whether Crompouce® is a valid trademark?

Cease and Desist 76

Cease and Desist IP Trademark Designs 76

Kashishipr

AUGUST 24, 2022

Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India.

Trademark 52

Trademark Branding Brands Branding 52

Fish & Richardson Trademark & Copyright Thoughts

MAY 4, 2022

Fish Principals Craig Deutsch , Jennifer Huang , and Grace Kim , discuss challenging design patents at the PTAB in their Law360 Expert Analysis article. Challenging design patents at the Patent Trial and Appeal Board is difficult — nearly two-thirds of petitions directed to design patents have been denied institution.

Design Patent 52

Design Patent Designs Design Patent 52

Technology & Marketing Law Blog

DECEMBER 11, 2023

The Second Circuit stayed MSCHF’s appeal of the district court’s ruling that the Wavy Baby infringed Vans’ trademarks pending the Supreme Court’s decision in Jack Daniel’s v. 140 (2023), since that decision was expected to provide guidance to lower courts for resolving free speech defenses in trademark infringement cases. VIP Prods. ,

Blogging 112

Blogging Trademark Branding Brands 112

43(B)log

OCTOBER 1, 2022

Design patents play a role when we have them, typically a handbag/jewelry/diamond cuts/chain designs/shoes. Issue: legal is often the last to know of new designs, so you need to know before the design is launched: need to explain that legal needs to be part of the process. More partial designs.

Intellectual Property 84

Intellectual Property Design Patent Law Designs 84

SpicyIP

SEPTEMBER 11, 2023

Tejaswini writes on this order by the Division Bench and its subsequent acknowledgment by the court, highlighting how this order can correct the practice of granting unfair ex parte ad-interim interim injunctions in Trademark litigation disputes. Preliminary Exams for the Recruitment of Patent and Designs Examiners Cancelled!

Registration 105

Registration Trademark Copyright Music 105

Selvam & Selvam Blog

APRIL 4, 2021

It has been noted that determining whether infringement has taken place or not with regard to patents, designs and geographical indications could be challenging for Customs officers in the absence of a judicial pronouncement that would require mere implementation of the same. 41 /2007-Customs dated October 29, 2007.

Intellectual Property 52

Intellectual Property Designs Design Trademark 52

LexBlog IP

SEPTEMBER 29, 2022

(I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). Every sound trademark seems not only to signify something but to raise a question or two as well. Hence, the title of this piece and the discussion below.

Trademark 52

Trademark Registration Music Intellectual Property 52

The TTABlog

MARCH 2, 2022

In round two of what one person (me) dubbed the "Tinker Bell Fairy Fracas," the CAFC affirmed the Board's decision [ TTABlogged here ] sustaining a Section 2(d) opposition to registration of TEEN TINKER BELL and TEEN TINK & Design for dolls. United Trademark Holdings, Inc. Disney Enterprises, Inc. 2022 USPQ2d XXX (Fed.

Public Domain 72

Public Domain Designs Design Registration 72

Kashishipr

SEPTEMBER 20, 2021

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. The label in question was designed by an employee of SK Oil Industries. In May 2007, the label mark ‘SOYA DROP’ was registered. Plaintiff’s Arguments. Concluding Remarks.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

The IPKat

MAY 12, 2024

The dispute concerned the geographical indication "Salaparuta" for Sicilian wine, which received protection in Italy in 2006, and then was registered as a Protected Designation of Origin (PDO) by the European Commission in 2009. Image from Pixabay. Duca di Salaparuta partially based their argument on Article 43.2

Registration 67

Registration Branding Brands Branding 67

The IPKat

JULY 30, 2023

Over to Theodora: Second-hand fashion and trademark rights’ exhaustion under EU law, a guide for brand owners to “wear” this new trend by Theodora Goula Every day, more and more consumers are joining the second-hand fashion movement. However, how can trademark owners know for sure where second-hand products were initially put on the market?

Branding 97

Branding Brands Branding Advertising 97

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

Kashishipr

AUGUST 2, 2021

The IP rights holders can either record their IP beforehand, enabling the Customs authority to suo motu monitor shipments and exclude, detain, seize, destroy, or dispose of the merchandise that it suspects to be counterfeit or infringing the recorded trademark; or make a complaint to the Customs authority under the domestic Customs legislation.

IP 105

IP Intellectual Property Registration Registering Trademarks 105

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

In 2007, the Ninth Circuit in Perfect 10 v. In 2007, the Ninth Circuit in Perfect 10 v. While this may sound a little wacky, it makes sense that Section 230 was designed to ensure that Internet services only need to comply with a single national standard as much as possible. So too for Hepp’s statutory claim against Facebook.

Intellectual Property 134

Intellectual Property Trademark Marketing Marketing 134

Indiana Intellectual Property Law

AUGUST 4, 2021

The Defendant, Crepini, LLC (“Crepini”), was apparently founded in 2007 with “the dream of bringing crepes into every North American household.” Trademark Registration Nos. Egglife is seeking damages for trade dress infringement and false designation of origin in violation of 15 U.S.C. Per the Complaint, Crepini owns U.S.

Social Media 52

Social Media Branding Brands Branding 52

LexBlog IP

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] ” [8]. .”

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

SpicyIP

NOVEMBER 29, 2021

Considered a part of ethnic wear, Kurtas have different varieties depending on their design and fabric. To the western world, Kaftan-like dresses were introduced by designers such as Paul Poiret and Mario Fortuny in the early 20 th century. No community or individual per se have any protection over the kurta.

Intellectual Property 115

Intellectual Property Journalism Designs Design 115

Above the Fold

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5]

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

Patently-O

MARCH 8, 2022

ITC powers over infringing imports] apply only if an industry in the United States, relating to the articles protected by the patent, copyright, trademark, mask work, or design concerned, exists or is in the process of being established. ” KSR (2007). 1337(a)(2).

Licensing 77

Licensing Patent Invention Government 77

IIPRD

FEBRUARY 16, 2024

Hence, the traveling chaos of F1 is a world filled with patents, trademarks, copyrights, and Trade Secrets. IP can be found in the chassis of cars, uniforms, merchandise, various engineering and designing equipment, television broadcasting, and most importantly, carefully hidden trade secrets. One primary reason would be that of time.

Intellectual Property 59

Intellectual Property Technology Confidentiality Journalism 59

LexBlog IP

FEBRUARY 15, 2022

10, 2022), serves as a warning to prospective filers that making pre-filing offers for sale, or engaging in discussions for future sales, can be detrimental to one’s ability to obtain both design and utility patents. Design Patent No. Components, Inc. , 2021-1649 (Feb. Junker , at *2, 14. ” 35 U.S.C. Canbra Foods, Ltd. ,

Patent 52

Patent Invention Designs Design 52

The TTABlog

JUNE 9, 2021

Applicant SICPA Holding SA ran into double trouble when it applied to register the mark SHIFTMAG for "security consulting in the nature of professional consulting on magnetic stripe color shifting smart designs based on liquid crystal technology for visual card authentication, embed protection and brand identity customization.”

Technology 52

Technology Branding Brands Branding 52

Technology & Marketing Law Blog

JANUARY 18, 2024

4) Social media “defective design” lawsuits go forward. Snap opinion , plaintiffs are–with some preliminary successes–arguing that social media services defectively design how they gather, organize, and disseminate third-party content. and the transition to a Web 3.0 Following the Lemmon v.

Law 103

Law Social Media Advertising Advertising 103

The IPKat

SEPTEMBER 30, 2022

Ricolfi recalled how digital platforms and information giants have objectively created situations of dominance, particularly since 2007 with the advent of the IoT. They produce huge amounts of data, so much so that communications between individuals are only the tip of the iceberg.

Reporting 91

Reporting Copyright Intellectual Property Moral Rights 91

Patently-O

FEBRUARY 8, 2022

118, 124 (2007). Preliminary injunctions are typically issued early in a lawsuit and are designed to preserve rights as the case moves forward to final judgment. An interesting 2nd Circuit trademark case suggested that any attempts to contractually restrict IP validity challenges require policy analysis before enforcement.

Contracts 61

Contracts Intellectual Property Patent IP 61

The IPKat

NOVEMBER 6, 2021

First things first: the Italian legal framework Introduced on 20 January 2020, the protection of Historical Trade Marks was designed as a tool aimed at boosting Italian companies and production and protecting them against foreign acquisitions.

Intellectual Property 91

Intellectual Property Branding Brands Branding 91

Copyright Lately

OCTOBER 25, 2021

The humanized skeleton figure on the left is Skully, which artist and entrepreneur Gregory Spiers first conceived while designing a T-shirt for the Lithuanian Olympic basketball team. The humanized skeleton figure on the right is Curly, a character designed for Scholastic’s popular “Goosebumps” series of books.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

The IP Law Blog

MARCH 2, 2021

Supreme Court issued numerous landmark decisions in 2020, among those—for trademark scholars and practitioners— Romag Fasteners, Inc. Considering the importance of Chinese manufacturing to global trade, the Chinese legal system and its evolving trademark enforcement system will likely cause companies to get creative. Fossil, Inc.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

Patent and Trademark Office, Lawrence has also assisted clients with patent due diligence, patent prosecution, and other non-litigation patent analysis, including IP licensing. Liz Ranks concentrates her practice in patent litigation, as well as trademark, trade secret, copyright, and commercial litigation. Eric received his J.D.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52

LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” context to see how various other countries have responded to such challenges as well, not only in copyright but in trademark and patent too.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52