The TTABlog

SEPTEMBER 15, 2023

As to the first factor, there were no pertinent utility patents of record, but there was a design patent owned by the applicant. Citing In re Becton, Dickinson , the Board found the design patent to be some evidence of non-functionality, but not dispositive of the issue. The Board found that.

Designs 70

Designs Design Advertising Advertising 70

The IPKat

JANUARY 19, 2023

1263679, inter alia in relation to class 25 goods “clothing, footwear headgear” designating the European Union: Rolex filed an opposition based on two of its earlier trade marks both covering inter alia “watches” in class 14: The opposition was based on Article 8(1)(b) and Article 8(5) of Regulation No 207/2009. come to mind.

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Registration Trademark Designs Design 85

U.S. Department of Commerce

SEPTEMBER 8, 2023

Businesses that prioritize diversity within their leadership ranks are better positioned to adapt to rapidly changing markets, leverage a wider range of perspectives, and capitalize on new opportunities. 4] These companies reported better overall financial performance as well. [5] 5] The implications of these findings are profound.

Moral Rights 104

Moral Rights Journalism Business Reporting 104

Garrigues Blog

DECEMBER 6, 2022

However, they are slowly starting to surrender to the reality of the market when it comes to products that, although theoretically distinct and with a different nature, share an affinity which in some sectors is sufficient for consumers to associate the marks.

Trademark 52

Trademark Branding Brands Branding 52

Technology & Marketing Law Blog

JANUARY 18, 2024

However, those arguments were more theoretical than empirical; there weren’t a lot of high-profile examples of a mass-market consumer service deploying this strategy. 4) Social media “defective design” lawsuits go forward. Musk has bridged that gap. and the transition to a Web 3.0 Following the Lemmon v.

Law 102

Law Social Media Advertising Advertising 102

Corsearch

FEBRUARY 22, 2024

Imagine you’ve conjured up the hottest brand on the market – “Crispy Crunch Delights” , complete with a jazzy logo. vs. The South Butt (2009) In a classic case where imitation was not considered flattery, The North Face vs. The South Butt case became a pivotal example of trademark infringement. We explore in this article.

Branding 59

Branding Brands Branding Trademark 59

The TTABlog

JANUARY 24, 2022

In a 51-page opinion, the Board affirmed a refusal to register the product configuration shown below, for "handbags," finding the design to be generic and, alternatively, lacking in acquired distinctiveness: "Handbags embodying the proposed mark are so common in the industry that such product design is not capable of indicating source and.

Designs 52

Designs Design Registration Music 52

IP and Legal Filings

SEPTEMBER 2, 2021

Trademarks, industrial designs, and domain names are examples of IPs interrelated to multiple aspects of the Olympic games. Every year, engineers and designers attempt to innovate an Olympic torch that would burn through changing climatic conditions. This Olympic torch was protected as an industrial design.

Intellectual Property 52

Intellectual Property Marketing Marketing Advertising 52

Biswajit Sarkar Copyright Blog

OCTOBER 2, 2023

This provision’s presence is in consonance with Section 3 and 4 of the Act lays down that no person shall use the name or pictures of any entity mentioned in 9A for any patent, trademark, design or colorable imitation without the prior permission of the Central Government. Similarly, these provisions were applied in Montblanc’s 2009 case.

Intellectual Property 81

Intellectual Property Marketing Marketing Copyright 81

Patently-O

DECEMBER 14, 2023

The case involves an attempt by generics to begin marketing a generic version of Acadia’s Parkinson’s drug Nuplazid (pimavanserin). Three years later, the USPTO issued a restriction requirement and Acadia elected a subset of claims that eventually issued in October 2009. This will be an interesting appeal to watch.

Patent 62

Patent Patent Application Invention Designs 62

SpicyIP

JULY 14, 2021

Olfactory marketing is not only employed by restaurants for their food, but is also often utilized in supplementing branding because just like a logo, it helps the consumer identify the experience associated with a service or product. Attars and Agarbattis: Protecting Traditional Cultural Expression through non-conventional Trademarks.

Trademark 126

Trademark Registration Marketing Marketing 126

IP and Legal Filings

OCTOBER 30, 2023

Barbie, a name synonymous with an unattainable standard of femininity and the concept of commercial feminism, was designed to captivate the toy market with all its glittery pink magnificence. Over time, the trademark underwent five changes before returning to its original form in 2009.

Trademark 87

Trademark Branding Brands Branding 87

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 4, 2020

The court then addressed the trade secret designation and overturned the discovery referee’s rejection of that designation. The court noted that nothing precludes trial courts from considering relevant evidence, including expert declarations, on the adequacy of the designation. Angelin (2009) 172 Cal. In Brescia v.

Designs 52

Designs Design Intellectual Property Law Contracts 52

Corsearch

FEBRUARY 28, 2024

With the challenges posed by name saturation and the reduced availability of work marks, industrial designs are increasingly important within intellectual property strategies. When people think about designs they typically think of patents, but the world of protecting designs is far more extensive than that.

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Registration Designs Design Intellectual Property 59

IP and Legal Filings

FEBRUARY 2, 2024

Gebi Products [10] , The Gala Company used the label mark “LAXMI” to market brooms. Brooms are one of the things that Gebi, another firm, began marketing under the name “MAHA LAXMI.” Examples of such texts include the Bible, the Quran, the Ramayana, the Guru Granth Sahib, and others. 7] 2005 (3) AWC 2097. [8]

Trademark Law 91

Trademark Law Trademark Law Service Mark 91

Kluwer Copyright Blog

JANUARY 9, 2024

The 2009 directive on the legal protection of computer programs (the Software Directive ) grants copyright protection to all forms of expression of computer programs. In some circumstances, preparatory design materials are protected under the Software Directive as well. Its Article 4(1) mentions three exclusive rights.

Copyright 67

Copyright Copying Copyright Law Designs 67

43(B)log

JULY 1, 2022

2009), held a golf club manufacturer liable based on a photo of a former spokesman on its website with the following caption: The twice major winner and golfing superstar, John Daly, will continue to be synonomous [sic] with Hippo. John Daly Enters., Hippo Golf Co., 2d 1347 (S.D.

Advertising 59

Advertising Advertising False Advertising Public Use 59

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement.

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Trademark Social Media Advertising Advertising 88

43(B)log

MARCH 20, 2023

The state alleged that Plavix was less effective in patients who had certain liver-enzyme mutations, and that defendants knew this fact years before 2009, when the FDA updated Plavix’s label with information about the issue. In 2009, a BMS employee wrote: [I]t looks like we are into stalling some more.

Law 45

Law Advertising Advertising Journalism 45

IIPRD

OCTOBER 17, 2022

These trademark applications consist of Nike’s logo “just do it” and air Jordan designs. As recently in 2022 Hermès, a fashion house sued Manson an NFT (non-fungible token) creator for trademark infringement who marketed a digital asset called “Metabirkins”, which was a digital copy of a bag created by Hermès, which sold at many high prices.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

Bio Law Blog

JANUARY 8, 2020

The Biologics Price Competition and Innovation Act of 2009 (BPCIA) was passed as part of health reform signed into law by President Obama in March 2010. In particular, after March 23, 2020 , a marketing application for a biological product that historically could have been submitted under Section 505 of the FD&C Act (e.g.,

Marketing 40

Marketing Marketing Settlement Litigation 40

IP and Legal Filings

OCTOBER 12, 2021

In 2019, the global luxury wines and spirits market was valued at around $970 billion. The Champagne region of France has continued a tradition of sourcing grapes from a particular designated region. The alcoholic beverages market is expected to exponentially grow in the next couple of years.

Registration 52

Registration Intellectual Property Marketing Marketing 52

IIPRD

FEBRUARY 16, 2024

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. In this constantly developing arena, F1 teams must go to great lengths to protect their technology and design secrets,’ which cost them a large sum.

Intellectual Property 59

Intellectual Property Technology Confidentiality Journalism 59

The TTABlog

APRIL 6, 2022

The Board understood Illyrian's fraud claim to be that ADOL, when it filed the subject applications on August 9, 2016, knew that of GKS's ownership and registration of the GJERGJ KASTRIOTI SKËNDERBEU mark in design form (cancelled in 2013) and knew that GKS had the right to use the subject marks. See In re Bose Corp., ADOL owns a U.S.

Ownership 52

Ownership Registration Trademark Contracts 52

Garrigues Blog

JUNE 7, 2021

However, the scope of this protection does not extend to its functionalities, which explains why numerous similar applications are able to coexist peacefully on the market. In fact, Directive 2009/24/EC on the legal protection of computer programs , imposes considerable limitations on rightholders with a view to encouraging competition.

Intellectual Property 52

Intellectual Property Plagiarism Intellectual Property Law Copyright 52

IIPRD

FEBRUARY 23, 2021

The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. General Motors pledged its “Green Technology” patents for a period of 2 years when it faced bankruptcy in 2009. This is attributable to the high amount of risk associated with pledging IP assets.

IP 40

IP Intellectual Property Branding Brands 40

The IPKat

NOVEMBER 30, 2023

Furthermore, it was only after Italy claimed 'Prosecco' as a protected designation of origin that the EU declared the 'Prosecco' grape variety would be renamed as 'Glera' in 2009. Prosecco from Northern Italy had been in the Singapore market since about 2011.

Registration 134

Registration Advertising Advertising Law 134

LexBlog IP

JULY 20, 2022

Every year since 2009, the United State Department of Justice (“DOJ”) has published a report that details actions the DOJ has taken to implement Title IV of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (“PRO IP Act”).

Reporting 52

Reporting IP Intellectual Property Intellectual Property Law 52

43(B)log

AUGUST 18, 2021

SMRI’s predecessor in interest did business with the relevant defendants from at least 1999-2009; resold products bearing “Sturgis Motor Classic” in its own retail store; and never complained about the use of “Sturgis” or “Sturgis Motor Classic” on rally products. apart from the mark as shown.” What about unclean hands?

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

Kashishipr

AUGUST 2, 2021

Intellectual Propriety (IP) rights holders are under the perpetual threat of counterfeit goods in the market that is growing exponentially with advancing technology and a surge in cross-border trade among countries. Images of genuine goods (for trademarks and designs). Images of infringing goods (if applicable/available).

IP 105

IP Intellectual Property Registration Registering Trademarks 105

The IP Law Blog

SEPTEMBER 22, 2022

It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category. It further alleged that Johnson Enterprises intended to “deceive the public as to the source or origin” of its game to benefit from “P&P’s goodwill and reputation in the four in a row market.”.

Copying 98

Copying Marketing Marketing Advertising 98

LexBlog IP

SEPTEMBER 22, 2022

It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category. The Ninth Circuit began by recognizing that a product’s design like “distinctive names, logos, packages or labels” may have developed a “source-identifying appearance.”

Copying 52

Copying Marketing Marketing Advertising 52

SpicyIP

OCTOBER 16, 2023

Syngenta Limited vs Controller Of Patents And Designs on 13 October, 2023 (Delhi High Court) Image from here A Division Bench of the Delhi High Court responded to the questions on divisional applications referred to it by the Single Judge earlier. Tejaswini writes on this development. Image from here Raytheon Company v.

Due Diligence 59

Due Diligence Invention IP Copyright 59

Nelligan Law

FEBRUARY 8, 2023

Source 1793 1830 Upper Canada refuses to extradite escaped slaves to the United States Lucie and Thornton Blackburn escaped from the slave market in Kentucky before settling in Detroit in 1831. She was appointed as a Member of the Order in 2009, and in 2012 she received the Queen Elizabeth II Diamond Jubilee Medal.

Law 80

Law Government Business Contracts 80

Nelligan Law

FEBRUARY 8, 2022

1830 Upper Canada refuses to extradite escaped slaves to the United States Lucie and Thornton Blackburn escaped from the slave market in Kentucky before settling in Detroit in 1831. She was appointed as a Member of the Order in 2009, and in 2012 she received the Queen Elizabeth II Diamond Jubilee Medal. They escaped to Canada.

Law 84

Law Government Business Contracts 84

Technology & Marketing Law Blog

JULY 17, 2023

2009) that Google’s sale of trademarks as search engine keywords was a use in commerce. Hetronic Doesn’t Go the Distance (Guest Blog Post) appeared first on Technology & Marketing Law Blog. The debate died down after the Second Circuit held in Rescuecom Corp. Google Inc. In Jack Daniel’s Properties, Inc.

Trademark 68

Trademark Blogging Litigation Law 68

Technology & Marketing Law Blog

SEPTEMBER 6, 2021

Defective design (along the lines of Lemmon v. However, the court says that FOSTA enables a state sex trafficking claim, meaning that both Twitter and Facebook–mass-market social media services having almost nothing in common with Backpage–are the real parties-in-interest from the FOSTA amendments. Cites to Doe v.

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Blogging Publishing Social Media Advertising 108