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3D Marks Remain a Dubious Subject at the EUIPO

IPilogue

based proprietor of the egg-shaped lip balms since 2009 , has failed in its attempt to have the shape of its lip balm registered as a three-dimensional (“3D”) trademark before the European Union Intellectual Property Office (“EUIPO”). EOS applied for the mark’s registration in a black and white colour scheme in 2016.

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Trademark Infringement in the Digital Age

IP and Legal Filings

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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Green Washing Vis-A-Vis Green Trade Marks

IP and Legal Filings

The hypothesis for the study was whether, if the applications for registration of goods contained “green signs” applied to them, they were indicators of the brand being driven by the ideas of sustainability or environmental consciousness. The objective is to mislead the consumers knowing well the marketability of this concept.

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FLY HIGH vs FLY HIGHER, Delhi High Court Decides Upon Infringement of a mark not being used as a Trademark

Selvam & Selvam Blog

Justice Singh in her order has deliberated the question of whether the registration of the trademark ‘Fly High’ by the plaintiff could prevent the defendant from using the phrase ‘Fly Higher’ in their promotional campaigns. vs Gujarat Co-Operative Milk marketing federation LTD. & Download Order/Judgement.

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Precedential No. 15: On Remand, TTAB Reverses COOKINPELLETS.COM Genericness Ruling, But Affirms Mere Descriptiveness and Lack of Acquired Distinctiveness

The TTABlog

The Board then applied the CAFC's Converse analysis to applicant's evidence: use of the proposed mark since 2007, approximately 250,000 units sold for $3M in revenue, $25,000 spent for advertising, promotion of mark on social media an on its website, and a ranking for several years as the best-selling and highest-rated pellet on Amazon.com.

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SpicyIP Weekly Review (October 9- October 15)

SpicyIP

While passing the order, the court opined that though JPO does not have a trademark or copyright registration in its favor, it could have never imagined that its logo would be imitated by anyone. POI Social Media Pvt. Humans of Bombay Stories Pvt.