Garrigues Blog

FEBRUARY 5, 2024

A judgment from the Court of Justice of the European Union (CJEU) clarifies the scope of third-party use of trademarks, taking into account the changes introduced in the European Directive on trademarks. regarding the use of the ZARA trademark. The Commercial Court No.

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IP and Legal Filings

NOVEMBER 22, 2023

Introduction Advertising is an important strategy for a company to sell its products to the customer. Advertising generated awareness about a particular product in among the masses and the reaction of the masses decides the fate of the product. To increase their sales, often companies indulge themselves in comparative advertising.

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IP and Legal Filings

FEBRUARY 20, 2022

Slogans are brief, memorable words that are commonly used in advertising to promote a specific company. Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. Using a mark as an advertising slogan, on the other hand, does not prevent it from being registered as a trademark.

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Kashishipr

AUGUST 24, 2022

Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India.

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IP and Legal Filings

MARCH 28, 2023

Introduction The term “trademark dilution” refers to the unauthorised use of, and/or application for, a trademark that is likely to damage an established mark’s distinctiveness. Additional sorts include trademark dilution and free riding in the EU. This is known as trademark dilution.

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Indiana Intellectual Property Law

SEPTEMBER 15, 2021

Apparently due to this notoriety, Poulsen obtains patent and trademark protection for its roses throughout the world, including the United States. According to the Complaint, Poulsen developed a unique currant red hybrid tea rose variety branded with the trademark INGRID BERGMAN (the “Mark”) in the early 1980s. Federal Trademark Reg.

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The IPKat

JULY 30, 2023

Over to Theodora: Second-hand fashion and trademark rights’ exhaustion under EU law, a guide for brand owners to “wear” this new trend by Theodora Goula Every day, more and more consumers are joining the second-hand fashion movement. However, how can trademark owners know for sure where second-hand products were initially put on the market?

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LexBlog IP

MARCH 15, 2024

Throughout the twentieth century, many newspapers, advertisements, magazines, textbooks, and other reference materials used the term “red gold” to describe the gold-copper combination. From the decision: “Left untouched, pure gold is yellow. ” Plaintiff alleged that it has used the mark RED GOLD on watches since 1989.

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43(B)log

SEPTEMBER 20, 2021

I]n February 2010, Natorp’s began using approximately 24 of McCleese’s photos on its commercial website.” Each webpage that contained one of McCleese’s photos also contained Natorp’s own trademark and copyright symbols at the top and bottom. Along with copyright claims, McCleese asserted Lanham Act false advertising claims.

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Copying False Advertising Social Media Advertising 64

The TTABlog

FEBRUARY 22, 2022

96 USPQ2d 1227, 1229 (TTAB 2010); see also In re Wal-Mart Stores, Inc. , Applicant's use of the "TM" symbol does not transform the phrase into a trademark. In re Eagle Crest Inc. , 129 USPQ2d 1148, 1149-50 (TTAB 2019)." The record included numerous examples of third parties using "get ordained" to convey its ordinary meaning.

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43(B)log

SEPTEMBER 7, 2021

Uber Technologies, the one you know about, was incorporated in 2010. And Defendants began saying that they planned to expand into the display-advertising business: putting ads on a vehicle’s digital signage, a rider’s mobile app, and on digital screens like electronic billboards. As it grew and expanded into new services, Uber Inc.

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Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. Then, in Liapes v. seriously, are you still posting THERE???) TikTok bans.

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Law Social Media Advertising Advertising 106

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.

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43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.” Latinfood U.S.

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The TTABlog

AUGUST 3, 2022

The Otto Roth rule is applicable to trademark registration cancellation proceedings as well. Petitioner sunk its own claim that its marks acquired distinctiveness in 2008 by testifying that its sales that year were $256; furthermore there were no advertising expenditures during 2008-2010. Universal Foods Corp.,

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IP Intelligence

MAY 11, 2021

Court of Appeals for the Fifth Circuit dealt with the issue of whether de minimis use can defeat a claim of trademark abandonment. It can, provided that such use is not made in good faith and not simply to maintain a trademark. Census Bureau, had a population of 8,679 in 2010). April 12, 2021), the U.S. Humble Exploration Co.,

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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.

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Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Instead of protecting consumers, this bill gives trademark owners absolute control over online marketplaces by overturning Tiffany v. Because the bill makes it impossible for online marketplaces to avoid contributory trademark liability, this bill will drive most or all online marketplaces out of the industry.

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IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3]

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The TTABlog

MAY 25, 2023

The Board noted that "[o]ur law recognizes that the existence of a design patent for the very design for which trademark protection is sought 'presumptively. JBL pointed to its ownership of seven design patents for rocking chairs of the same or a very similar configuration. indicates that the design is not de jure functional.'" pdf here ].

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Shades of Gray

NOVEMBER 2, 2016

Traditionally, attorneys’ fees were notoriously difficult for a prevailing party to recover in a trademark action. ICON Health & Fitness, Inc. , [1] relaxed the applicable standard in construing the Patent Act’s identical fee-shifting provision and will likely result in a lower bar to the recovery of fees in trademark disputes.

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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?, But this is not all!

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DuetsBlog

JUNE 15, 2020

Yes, it’s actually a registered trademark. And, by the way, what is your all-time favorite from the annual Rapala line up that we’ve been covering for a dozen seasons now (minus 2019, given my move)? Rapala’s “More Hits Than Google” Billboard Update (Photo Included) (2009). Good Bye Google, Hello Whudjagiddumon? Rapala Taunts a Monster?

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Registering Trademarks Trademark Branding Brands 52

The TTABlog

SEPTEMBER 23, 2022

Its claim of use analogous to trademark use failed because its prior publicity "was not sufficiently clear, widespread and repetitive." Technical Trademark Use: Normally, a cancellation petitioner must prove priority by a preponderance of the evidence. 96 USPQ2d 1031, 1036 (TTAB 2010). Elder Mfg. Metronome Enters.

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SpicyIP

MARCH 11, 2024

A Case of Reverse Passing Off: DHC Rules In Favour Of Western Digital On Trademark Infringement Recently, the DHC passed an ex-parte interim injunction order against Geonix, holding them prima facie liable for indulging in ‘reverse passing off’ by selling Western Digital’s hard disks as their own.

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Technology & Marketing Law Blog

OCTOBER 19, 2021

WhenU concluded that trademarks was a dead-end. Nevertheless, because adware often provided poor consumer experiences, adware largely fizzled out by 2010. In this lawsuit, the plaintiffs aren’t suing Google for violating their copyrights or trademarks. Wells Fargo v. WhenU concluded that copyright was a dead-end.

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Licensing Copyright Contracts Advertising 93

IP and Legal Filings

OCTOBER 20, 2022

Further, the section also provides that in case a pre-packaged commodity is advertised, then such advertisements shall also declare the net quantity or number of the commodities contained in the package along with the retail price. [1]. The font size of the net quantity in the advertisement shall be same as that of retail sale price.

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LexBlog IP

NOVEMBER 17, 2022

Design specialist Harry Brignull coined the term “dark patterns” in 2010 to capture design practices used to trick or manipulate users into taking certain actions. It was the FTC’s intent that the report “send a clear message that these traps will not be tolerated.” The FTC’s latest enforcement action confirms that message.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

in medicinal chemistry from the University of Michigan in 2010, and his B.S. 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.

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The IPKat

JANUARY 25, 2024

Background In 2010, Buongiorno Myalert SA (Buongiorno), an Italian mobile apps and services provider, launched an advertising campaign for a paid subscription to a multimedia messaging service, marketed under the name ‘Club Blinko’.

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43(B)log

OCTOBER 6, 2021

American Girl applied for trademarks on a space-themed doll named Luciana Vega, which it began marketing in 2018 as its “Girl of the Year” doll. American Girl argued independent creation, which seems both plausible and not helpful to a trademark claim. Not to mention that “dilution” is not the same thing as false endorsement!

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IP and Legal Filings

OCTOBER 28, 2023

Introduction The Trademarks Act of 1999 introduced trademark dilution. The use of trademarks helps a company set itself apart from its rivals’ products and services. A feature of trademark law known as trademark dilution gives the brand owner exclusive rights to the mark, providing them a strong and recognisable trademark.

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SpicyIP

DECEMBER 20, 2023

From Big-B Baritone to Anil Kapoor’s Jhakaas, the life of Personality rights : Since Shouvik’s 2010 post about Amitabh Bachhan’s concern over the use of his voice to sell Gutka (an addictive substance), we have come to a long way! Basheer’s two larger-than-law type posts: The Seed(y) Saga and Pest Policy. Sounds “Jhakaas!”

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LexBlog IP

FEBRUARY 9, 2022

In doing so, the TTAB will consider: (i) The duration, extent, and geographic reach of advertising and publicity of the mark, whether advertised or publicized by the owner or third parties. (ii) 96 USPQ2d 1479, 1497 (TTAB 2010). Yankees P’ship, 114 USPQ2d at 1502 (quoting 15 U.S.C. § § 1125(c)(2)(A).

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The TTABlog

OCTOBER 3, 2022

That same month, ARSA filed its application to register the mark EUCALIN, and obtained a registration in 2010, which was subsequently cancelled for failure to file the required Section 8 declaration of use. In May 2015, applicant was removed from the SDNT list. In October 2015 it filed an application to register its EUCALIN mark.

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Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

The abbreviated biosimilar licensure pathway created by the Biologics Price Competition and Innovation Act (BPCIA) in 2010 was designed to increase competition for biologics and reduce healthcare costs. Regulatory And Legislative Actions Set The Tone For Biosimilars in 2021.

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43(B)log

OCTOBER 4, 2021

Most of Illinois Tool’s trademark-related claims were time-barred by the statute of limitations and laches. But genuine fact issues remained on whether J-B Weld’s advertising of “Made in USA” was false and whether Illinois Tool had standing. Illinois Tool has long sold threadlockers under the trademark “Permatex.”

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