IP and Legal Filings

DECEMBER 6, 2023

the Apex Court held that one of the inherent aspects of the right to privacy as enshrined under Article 21 of the Constitution is the right to prevent others from using the person’s name or likeness without his consent for advertising or non-advertising purposes. State of T.N., Entertainment Pvt. vs. Baby Gift House and Ors.,

Privacy 97

Privacy Intellectual Property Law Intellectual Property Advertising 97

The TTABlog

AUGUST 15, 2022

In an exhaustive and exhausting opinion, the Board granted petitions to cancel two registration for the mark OLD SCHOOL for various clothing items, on the ground of abandonment. The Board found that the registrant, despite claiming attempts to sell or license the mark, had discontinued use of the mark with an intent not to resume use.

Registration 52

Registration Cease and Desist Branding Brands 52

SpicyIP

MAY 20, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the Law Commission’s Report on Trade Secrets and Economic Espionage, DHC’s decisions on working examples, writ jurisdiction of the pre-grant oppositions, and the Viagra-Vigoura trademark dispute. Shamnad Basheer 1976-2019; taken at NUJS, Kolkata circa 2009.

Trademark 45

Trademark Advertising Advertising Copyright 45

The TTABlog

JULY 29, 2021

In a case decided under the TTAB's ACR regime, the Board granted a petition for cancellation of Nema Foods' twenty-year old registration for the mark SEYIDOGLU (in standard form) for various food items, finding that the mark falsely suggests a connection with Petitioner, a major manufacturer of food products, including Turkish desserts and jams.

Registration 52

Registration Cease and Desist Ownership Advertising 52

IP and Legal Filings

SEPTEMBER 14, 2023

In today’s era of eco-branding, wherein trademarks are used to distinguish sustainable brands from the mainstream commercial ones, the latter engage in the practise of “greenwashing”. One such instance is the advent of green trademarks or eco-marks.

Branding 79

Branding Brands Branding Trademark 79

The TTABlog

MARCH 17, 2022

In 2009, Viacom let lapse its registration for DOUBLE DARE for production and distribution of a children's game show. Applicant Armstrong contended that Viacocm abandoned the DOUBLE DARE mark between 2009 and 2018, and so Armstrong filed its intent-to-use application in January 2018. Reruns followed.

Television 78

Television Social Media Trademark Registration 78

Technology & Marketing Law Blog

JULY 17, 2023

the Supreme Court held that the Lanham Act does not reach trademark infringement that occurs outside of the United States (US). In addition, the opinion has important ramifications for domestic trademark law through its identification of “use in commerce” as the actionable domestic conduct. The same is true even in trademark treaties.

Trademark 70

Trademark Blogging Litigation Law 70

SpicyIP

NOVEMBER 2, 2021

We’re very happy to bring our readers a guest post that uses a dataset of more than 300,000 trademark examination reports from the year 2019, as the basis for analysing the trademark registry’s examination process. A dataset was built by scraping the electronic register of the Indian Trademark Registry in 2020.

Reporting 126

Reporting Trademark Advertising Advertising 126

SpicyIP

NOVEMBER 8, 2023

They included stories of the Patent Agent examination, the Indian Innovation Act, the opening of the Trademark database, the presumption of patent validity, and the South Asian Basmati fights and more. This raised a question did the registrar of Trade Marks have the jurisdiction to revoke the ‘MANJAL’ trademark?, and Class 5.2

Trademark 59

Trademark Publishing Journalism Copyright 59

The TTABlog

SEPTEMBER 23, 2022

Petitioner JNF LLC was undoubtedly unhappy with the result of its petition to cancel a registration for the mark HAPPIEST HOUR for bar and restaurant services. Its claim of use analogous to trademark use failed because its prior publicity "was not sufficiently clear, widespread and repetitive." TMEP Section 903.06 (2022). & Rehab.,

Service Mark 52

Service Mark Registration Advertising Advertising 52

43(B)log

AUGUST 18, 2021

29, 2021) This is part of a long-running trademark case, now over 10 years old. were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. Sturgis Motorcycle Rally, Inc. 2021 WL 1176242, No.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

Copyright Lately

JULY 12, 2021

Baron Cohen argues that the use of his name and likeness in a cannabis advertisement (which he’d never agree to) would have commanded a much higher amount. In 2009, Woody Allen settled a right of publicity and Lanham Act lawsuit for $5 million after his likeness from “Annie Hall” was used on a billboard for American Apparel.

Copyright 80

Copyright Advertising Advertising Settlement 80

The TTABlog

AUGUST 2, 2021

For only the second time since the CAFC's 2009 decision in In re Bose , the Board upheld a claim of fraud, ordering cancellation of a registration for the mark FUJIIRYOKI for massage chairs. William Shen, the CEO of Respondent ACIGI, filed the underlying application and then assigned the registration to ACIGI soon after issuance.

Registration 52

Registration Ownership Licensing Trademark 52

43(B)log

OCTOBER 31, 2022

But the claim still failed for failure to plead registration of those photos, though again there was leave to amend. Lanham Act false advertising: The theory was that Meta misrepresented “the creation and ownership” of Logan’s photos. Sybersound Recs., 3d 1137 (9th Cir. 3d 1137 (9th Cir. Baden Sports, Inc. Molten USA, Inc.,

False Advertising 59

False Advertising Advertising Advertising Licensing 59

SpicyIP

OCTOBER 16, 2023

The court held that the defendant’s advertising falls under the ambit of permissible comparative advertising, rejecting the plaintiff’s claims and emphasized on a competitor’s right to prevent disparagement while allowing reasonable product promotion. . & Humans of Bombay Stories Pvt. POI Social Media Pvt.

Due Diligence 59

Due Diligence Invention IP Copyright 59

IIPRD

FEBRUARY 23, 2021

Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention. General Motors pledged its “Green Technology” patents for a period of 2 years when it faced bankruptcy in 2009. Trademark as Collateral in the US.

IP 40

IP Intellectual Property Branding Brands 40