2010, Advertising, Designs and Registration - Intellectual Property Pulse

Can A Single Colour Mark Acquire Registration In India?

IP and Legal Filings

JANUARY 26, 2023

2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.

Registration

Registration Trademark Trademark Law Law

TTAB Reverses Functionality Refusal of Rocking Chair Design But Finds Acquired Distinctiveness Lacking

The TTABlog

MAY 25, 2023

Applying the Morton-Norwich factors, and giving some weight to applicant's design patents, the Board concluded that the USPTO failed to make a prima facie case of functionality. There were no utility patents of record, nor any evidence showing that JBL touted any utilitarian advantages of this product design.

Designs

Designs Design Design Patent Advertising

TTAB Denies Cancellation Petition for Failure to Prove Acquired Distinctiveness of Petitioner's Common Law Marks

The TTABlog

AUGUST 3, 2022

Although Petitioner owned three registrations for its marks, it had disclaimed the words NATURAL DOG COMPANY in one registrations, claimed acquired distinctiveness in another (with a disclaimer of DOG COMPANY), and accepted a Supplemental Registration in the third. Petitioner claimed a first used date in 2008. Otto Roth , 640 F.2d

Law

Law Registration Designs Design

Inter American Convention allows claims that Lanham Act makes dubious after Abitron; but what about Article III?

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

False Advertising

False Advertising Advertising Advertising Registration

"GET ORDAINED" Fails to Function as a Source Indicator for Ordination-Related Services, Says TTAB

The TTABlog

FEBRUARY 22, 2022

96 USPQ2d 1227, 1229 (TTAB 2010); see also In re Wal-Mart Stores, Inc. , Applicant did not provide direct evidence of acquired distinctiveness, such as survey evidence or consumer declarations, but instead relied on circumstantial evidence regarding its length of use, advertising expenditures, sales, and number of users. Welch 2022.

Service Mark

Service Mark Advertising Advertising Registration

Dark Patterns Unmasked: Examining Their Influence on Digital Platforms and User Behaviour

SpicyIP

OCTOBER 27, 2023

Dark Patterns Unmasked: Examining Their Influence on Digital Platforms and User Behaviour Srijaa Grover and Yaggya Kapoor Harry Brignull introduced the concept of “dark patterns” in 2010, describing them as deceptive tactics aimed at boosting conversion rates.

Intellectual Property

Intellectual Property False Advertising Designs Design

Gardens Alive d/b/a Weeks Roses Sued for Alleged Trademark Infringement

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

2,990,814 (the “‘814 Registration”), has been used in U.S. 1057(b), Poulsen claims the ‘814 Registration is prima facie evidence of the validity of the Mark, Poulsen’s ownership of the Mark, and Poulsen’s exclusive right to use the Mark in commerce. In 2010, J&P Park Acquisitions, Inc. Federal Trademark Reg. 1125(a).

Trademark

Trademark Branding Brands Branding

India – Trademark Protection in the Hospitality Industry

Kashishipr

AUGUST 24, 2022

The same is done through the Nice Classification of Goods and Services , which, in 2010, added Class 43 for restaurants and hotels. Class 35 – Dealing with office functions, advertising, business administration, and business management. Brands and businesses need to identify the Class under which their products or services fall.

Trademark

Trademark Branding Brands Branding

SpicyIP Weekly Review (March 4-March 10)

SpicyIP

MARCH 11, 2024

Calm Water Therapeutics Llc vs The Assistant Controller Of Patents And Designs on 28 February, 2024 (Delhi High Court) The appeal challenged the rejection of a patent application for a “Bi-Functional Co-Polymer” by the Assistant Controller of Patents. Third, the evidence of the plaintiff’s use of the mark from 1989 are fabricated.

Trademark

Trademark Registration Copyright Patent

The SHOP SAFE Act Is a Terrible Bill That Will Eliminate Online Marketplaces

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. In 2010, the Second Circuit issued a watershed decision about secondary trademark infringement. Overturning Tiffany v.

Trademark

Trademark False Advertising Advertising Advertising

Precedential No. 29: Finding Applicant's Period of Nonuse Excusable, TTAB Dismisses EUCALIN Opposition for Failure to Prove Priority

The TTABlog

OCTOBER 3, 2022

Deemed a Specially Designated Narcotics Trafficker (SDNT), applicant was banned from doing business in the United States from 2008 to 2015. In July 2016, applicant petitioned to cancel ARSA's registration, and in 2017 it applied to register its EUCALIN word-and-design mark. In May 2015, applicant was removed from the SDNT list.

Ownership

Ownership Litigation Registration Business

Spotify successfully opposes POTIFY applications based on dilution by blurring

LexBlog IP

FEBRUARY 9, 2022

Applicant’s POTIFY platform is designed to permit legal marijuana dispensaries to market and sell their products, including via mobile applications and websites. The incontestable Registration is not based on a claim of acquired distinctiveness. Spotify AB , 2022 USPQ2D 37 at *13–14. Spotify AB , 2022 USPQ2D 37 at *7.

Television

Television Music Advertising Advertising

If “Trespass to Chattels” Isn’t Limited to “Chattels,” Anarchy Ensues–Best Carpet Values v. Google

Technology & Marketing Law Blog

OCTOBER 19, 2021

Nevertheless, because adware often provided poor consumer experiences, adware largely fizzled out by 2010. Thus, other cases have applied conversion law to alleged theft of domain name registrations (e.g., WhenU concluded that copyright was a dead-end. 1-800 Contacts v. WhenU concluded that trademarks was a dead-end. Silvaco Data Sys.

Licensing

Licensing Copyright Contracts Advertising

Intellectual Property Tools for Protecting Fashion Goods

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. ” [1] The best part about a copyright is that its registration is typically inexpensive and straightforward. ” [8]. .”

Intellectual Property

Intellectual Property Design Patent Designs Design

Trademark Dilution: Understanding, Forms, And Legal Implications Under The Trademarks Act Of 1999

IP and Legal Filings

OCTOBER 28, 2023

Only when the individual makes use of the following mark does trademark infringement take place in the form of dilution: Similar or identical to a registered trademark with established goodwill in India Use relates to products or services other than those covered by the registration. 2010 (42) PTC 572 (Del.)

Trademark

Trademark Registering Trademarks Trademark Law Branding

Intellectual Property Tools for Protecting Fashion Goods

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. 1] The best part about a copyright is that its registration is typically inexpensive and straightforward. The reviewal process for the U.S.

Intellectual Property

Intellectual Property Design Patent Designs Design

A Look Back at India’s Top IP Developments of 2023

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

IP

IP Copyright Trademark Intellectual Property

Intellectual Property Pulse

Can A Single Colour Mark Acquire Registration In India?

TTAB Reverses Functionality Refusal of Rocking Chair Design But Finds Acquired Distinctiveness Lacking

Trending Sources

TTAB Denies Cancellation Petition for Failure to Prove Acquired Distinctiveness of Petitioner's Common Law Marks

Inter American Convention allows claims that Lanham Act makes dubious after Abitron; but what about Article III?

"GET ORDAINED" Fails to Function as a Source Indicator for Ordination-Related Services, Says TTAB

Dark Patterns Unmasked: Examining Their Influence on Digital Platforms and User Behaviour

Gardens Alive d/b/a Weeks Roses Sued for Alleged Trademark Infringement

India – Trademark Protection in the Hospitality Industry

SpicyIP Weekly Review (March 4-March 10)

The SHOP SAFE Act Is a Terrible Bill That Will Eliminate Online Marketplaces

Precedential No. 29: Finding Applicant's Period of Nonuse Excusable, TTAB Dismisses EUCALIN Opposition for Failure to Prove Priority

Spotify successfully opposes POTIFY applications based on dilution by blurring

If “Trespass to Chattels” Isn’t Limited to “Chattels,” Anarchy Ensues–Best Carpet Values v. Google

Intellectual Property Tools for Protecting Fashion Goods

Trademark Dilution: Understanding, Forms, And Legal Implications Under The Trademarks Act Of 1999

Intellectual Property Tools for Protecting Fashion Goods

A Look Back at India’s Top IP Developments of 2023

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