Garrigues Blog

JULY 27, 2021

This time, we will take a look at other equally important branches of IP that are covered by the report: trademarks, industrial designs and creative industry (publishing). Trademarks. WIPO’s report revealed that trademark applications continued to grow worldwide in 2019 – this time by 5.8%. Industrial designs.

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IP and Legal Filings

OCTOBER 23, 2023

Businesses may find it challenging to enforce trademark rights in online marketplaces because it can be challenging to locate infringers and hold them accountable. Effective trademark enforcement is essential in this situation for protecting the goodwill and financial interests of legitimate businesses.

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Marketing Marketing Trademark Registration 85

Indiana Intellectual Property Law

DECEMBER 23, 2022

According to the complaint, Gema is a worldwide leader in the design and manufacture of electrostatic powder coating control units, and powder feed systems. according to their website, was formed by Monte McClung in 2009 after a 20 year Career at Gema. The United States Patent and Trademark Office issued Patent Nos. OPTISELECT.

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Garrigues Blog

DECEMBER 6, 2022

Can a well-known watch brand prevent the protection of another identical or similar trademark for other types of goods such as cosmetics? The possibility of consumers’ associating the goods of a particular trademark is greater when that mark is well-known.

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SpicyIP

JULY 14, 2021

We are pleased to bring you a guest post by Tahhira Somal, exploring existing frameworks of non-conventional trademarks, particularly those of smell marks, and assessing their role in the protection of certain traditional cultural expressions. One type of such non-traditional trademarks is a smell or scent mark. Image from here.

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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. Duca di Salaparuta partially based their argument on Article 43.2

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Registration Branding Brands Branding 67

43(B)log

AUGUST 18, 2022

9, 2022) Interesting case about trademark preemption. However, Black & Decker did not in fact design, manufacture, distribute, or warrant the coffeemaker. Its maker, Applica, paid royalties to Black & Decker for the right to use the name and trademarks in selling small kitchen appliance. “[A]

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The IPKat

FEBRUARY 20, 2024

The patent, which included France among the designated states, expired on 5 August 2021. 7(1)(e)(ii) Regulation No 207/2009 (signs which consist exclusively of the shape, which is necessary to obtain a technical result) in conjunction with Art. Coorstek’s counterclaim was essentially based on Art.

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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. In re Buff and Shine Manufacturing, Inc. The Board found that.

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The IPKat

SEPTEMBER 11, 2023

Back in 2009, Art. The Italian Patent and Trademark Office (UIBM) will now play an important role in preventing the registration of trade marks that include a PDO/PGI or an evocative term thereof, together with the role of the Courts (see IPKat here on the recent Cacio Romano case).

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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.

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The IPKat

JANUARY 19, 2023

Background PWT obtained the international registration for the figurative trademark No. The Opposition Division upheld the opposition ( B 2 712 977 ). The General Court disagreed by upholding the Board’s decision and ruling that: “. come to mind.

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Registration Trademark Designs Design 85

IIPRD

APRIL 3, 2024

1] The fashion industry in India is extremely diverse in the type of fabric, labour, design, way of draping, and handwork that is used. Protection of Fashion: IPR Indian fashion houses have begun to toe the line of Western fashion houses by registering their designs and fashion works as IPR. [4] Tahiliani Design Pvt.

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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!

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The IP Law Blog

FEBRUARY 3, 2022

In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” This protected designation was superseded by adoption of the Protected Designation of Origin (“PDO”) for GRUYÈRE in 2001.

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Designs Design Trademark Branding 52

IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.

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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.

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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.

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LexBlog IP

FEBRUARY 3, 2022

In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” The test turns upon the primary significance that the term would have to the relevant public.

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Designs Design Branding Brands 40

The IPKat

DECEMBER 31, 2021

On 25 September 2020, the EUTM application was refused under Article 7(1)(b) of Regulation 2017/1001 (EUTMR) on the ground that the sign cannot function as a trademark and would not be perceived by consumers as a badge of origin. The second image is by 3D Illustrator and Graphic Designer from Pixabay. Listen here to the sound.

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Graphic Design Intellectual Property Music Trademark 83

IIPRD

OCTOBER 17, 2022

Many big companies are getting ready to enter the world of Metaverse, for example, Nike for the purpose of selling virtual footwear and apparel in the virtual world of metaverse filed many trademark applications with the U.S These trademark applications consist of Nike’s logo “just do it” and air Jordan designs.

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azrights

MARCH 23, 2022

One person who clearly didn’t understand this was Mr Gu who set up a Chinese takeaway in Barrow-in-Furness in 2009 using the name China Tang. What’s often involved is to find a new name, get a new logo and website, pay for new signage, new menu designs, and flyers. They are subject to other people’s trademark rights.

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Business Branding Brands Branding 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.

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Intellectual Property Marketing Marketing Advertising 52

Intepat

MARCH 7, 2022

Nearly, none of the IP laws i.e., The Patents Act, 1970, [1] The Trade Marks Act, 1999, [2] [“ TM Act ”] The Designs Act, 2000, [3] prohibit minors to obtain protection for their intellectual property. 3] The Designs Act, 2000. [4] 3] The Designs Act, 2000. [4] The Indian laws do not debar minors from acquiring IP rights.

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IP and Legal Filings

OCTOBER 18, 2022

As such, breeders can obtain patents, trademarks, and industrial designs that establish their ownership over legally approved new plant varieties. The 2009 law enacted for regulation of plant varieties in the country ensured that there is requisite protection provided to the breeders through a sui generis system.

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Intellectual Property Registration Intellectual Property Law Law 52

IP Intelligence

JUNE 3, 2021

Unicolors, a designer of artwork for fabric, brought suit against fast-fashion retailer H&M for copyright infringement of one of its designs. 2011)) or the fraud standard for cancelling trademark registrations under the Lanham Act ( In re Bose Corp., 2009)), which requires scienter and that fraud be proved to “the hilt.”.

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Copyright Registration Designs Design 52

43(B)log

AUGUST 18, 2021

29, 2021) This is part of a long-running trademark case, now over 10 years old. 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.

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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.

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IP Intellectual Property Registration Registering Trademarks 105

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. This pen was introduced into the market in honour of Gandhi.

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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.

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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

The TTABlog

APRIL 6, 2022

In Moreno , the Board held that, although exclusive licensee Julie Moreno could establish entitlement to a statutory cause of action, she could not prove priority based on use of the mark at issue by her licensor because that would "improperly recognize trademark ownership rights in a licensee." See also Chem. Conmar Form Sys.,

Ownership 52

Ownership Registration Trademark Contracts 52

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.

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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.

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The IP Law Blog

SEPTEMBER 22, 2022

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.” Art Attacks Ink, LLC v. 3d 1138, 1145 (9 th Cir. The expert opined that this “strongly suggests that P&P’s trade dress acquired secondary meaning.”

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IP and Legal Filings

FEBRUARY 26, 2022

Finally, if the applicant applies for a design mark or at least stylizes the letters in the mark, the applicant’s prospects of overcoming objections of lack of intrinsic uniqueness improve. ’ filed a suit for infringement of trademark against the defendants, ‘PP Buildwell Pvt. 29 of the Trademarks Act, 1999.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising. Patent & Trademark Office. He received his J.D. She received her J.D.

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