IP and Legal Filings

NOVEMBER 1, 2023

Frank Schechter which says that a common (Generic) name can be registered by anyone, but no one has the exclusive right to that trademark, For instance, the renowned brand Apple has its trademark registered under various classes but the word ‘apple’ diluted under class 29 of the food category. 2010 (42) PTC 572 (Del.)

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Trademark Registering Trademarks Branding Brands 93

Erik K Pelton

DECEMBER 20, 2022

And the number of active trademark registrations in the USPTO database is larger than ever. Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use.

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Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

Erik K Pelton

DECEMBER 28, 2020

The number of applications filed, and registrations granted in FY2020 both grew over the prior year, to the highest in history. trademark registrations! When Congress passed the CARES Act in late March, it featured provisions allowing the USPTO to extend some deadlines for applicants and registrants for a few months.

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IP and Legal Filings

AUGUST 4, 2023

To prevent the undue usage of their goodwill and branding celebrities used to get their names registered under the trademark act. A celebrity can be a person who has public recognition and has some goodwill and branding attached to his name. Thus, it can be assumed that registration of names as trademarks is allowed.

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Trademark Registration Branding Brands 52

The TTABlog

MAY 26, 2022

The USPTO refused registration of the mark AJ LAMPS for "Lighting apparatus, namely, table lamps" [LAMPS disclaimed], on the ground of likelihood of confusion with the registered mark AJ for "Lighting fixtures; HID lighting fixtures." The Board unsurprisingly found the marks to be similar, but what about the goods?

Branding 56

Branding Brands Branding Registration 56

Kashishipr

JANUARY 12, 2022

Often, hashtags help businesses reach out to their target audience and connect with them, which may further help them attain and achieve goodwill and raise awareness about their brand. The trend of incentivizing hashtags as trademarks began way back in 2010, and since then, the filing of such Trademark Applications has spiked globally.

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Trademark Registration Registering Trademarks Social Media 105

LexBlog IP

JANUARY 16, 2024

There was no substantive change in this modified version of the prior opinion where the majority held that the Trademark Trial and Appeal Board lacked the power to cancel a trademark registration based on fraud in a declaration of incontestability. 2929764 ) for restaurant services. 1:08-CV-975-TWT.

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Registration Due Diligence Trademark Registering Trademarks 52

IP Tech Blog

NOVEMBER 2, 2023

the Court, with a 2-1 majority, found that the Board wrongly cancelled the registration of a trademark holder due to the filing of a fraudulent declaration by its former attorney to obtain incontestable status of the trademark “DANTANNA’S.” Section 14 allows for a petition to cancel registration of a mark that was “obtained fraudulently.”

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Registration Trademark Blogging IP 62

Kashishipr

AUGUST 24, 2022

By establishing a brand name, a service provider in the hospitality industry can benefit from having many customers and build a good reputation. Hotels and restaurants must get their brand names and logos registered as trademarks for the ease of operating a business in India. Trademark for the Taj Mahal Palace Hotel.

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Trademark Branding Brands Branding 52

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

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. 2,990,814 (the “‘814 Registration”), has been used in U.S. Gardens Alive’s family of brands include, among others, Weeks Roses. Federal Trademark Reg.

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Trademark Branding Brands Branding 52

The IPKat

DECEMBER 6, 2021

Registrations are open and available here. Participation is free of charge, but registration is required by December 7, 2021, and is available here. Gunnercooke is a corporate and commercial law established in 2010 and now has over 260 partners. Attendees will have the opportunity to contribute to the concluding discussion.

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Intellectual Property Intellectual Property Law IP Copyright Law 67

The IPKat

MAY 16, 2022

Background Inditex, the Spanish fashion group whose flagship store is Zara, sought in 2010 to register the word mark “ZARA” as a European Union trade mark (EUTM) for goods and services in Classes 29 to 32, 35, and 43 (see the table below with a more detailed list). From the BoA decision (R 2040/2019-4, para. T-467/20, para.

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Registration Branding Brands Branding 93

43(B)log

JULY 3, 2023

Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products. Prior import plans in 2010-11 were paused.

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False Advertising Advertising Advertising Registration 59

The TTABlog

FEBRUARY 8, 2022

The district court had dismissed the claims as to one of the marks (the "'654 mark") on the ground of claim preclusion, based upon the TTAB's entry of judgment by default on Plaintiff VVV's petition for cancellation of the registration for that one mark. TTABlogged here ]. 7-3 at 1-4.)

Litigation 75

Litigation Branding Brands Branding 75

IP and Legal Filings

OCTOBER 28, 2023

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. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may. 2010 (42) PTC 572 (Del.) What is Trademark Dilution?

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Trademark Registering Trademarks Trademark Law Branding 77

IP and Legal Filings

JULY 21, 2022

Obtaining trademark registration for the firm’s unique hashtags gives the company an advantage if another company uses the same hashtag to advertise a competitive product or service in the same sector. b) it must be capable of identifying one person’s services and goods than those of another.

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Trademark Social Media Marketing Marketing 82

The TTABlog

JANUARY 18, 2022

Topco Holdings opposed registration of READY4LIFE for sanitizers for personal use, alleging a likelihood of confusion with its registered marks READY FOR LIFE and SIMPLY DONE READY FOR LIFE for various personal goods and cleaning products. 94 USPQ2d 1942, 1949 (TTAB 2010). See , e.g. , ProMark Brands Inc. GFA Brands, Inc.,

Trademark 59

Trademark Branding Brands Branding 59

IP and Legal Filings

MARCH 7, 2022

As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. It demonstrates to a buyer where a product came from and how much he can trust that product based on the brand value associated with it. Trademark Infringement. Indirect Infringement. Registered Trademark.

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Trademark Law Registering Trademarks Branding 61

IP and Legal Filings

FEBRUARY 20, 2022

Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. As a result, slogan registration is frequently denied due to a lack of distinctiveness. Additionally, odd grammatical structures and/or alliteration, metaphors, rhyme, or paradox may aid in determining whether a phrase is unique.

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Trademark Advertising Advertising Registration 54

IP and Legal Filings

MARCH 7, 2022

As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. It demonstrates to a buyer where a product came from and how much he can trust that product based on the brand value associated with it. Trademark Infringement. Indirect Infringement. Registered Trademark.

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Trademark Law Registering Trademarks Branding 57

IP and Legal Filings

OCTOBER 12, 2021

This implies that the registration of a particular trademark may be refused if it attempts to identify with certain wines and spirits that does not originate from the region that the GI tag is related to. Rise in foreign and Indian liquor brands registering for GI tags.

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Registration Intellectual Property Marketing Marketing 52

IP and Legal Filings

MARCH 28, 2023

Trademark Dilution A well-known brand’s owner has the legal authority to forbid third parties from using their mark since doing so compromises their exclusivity or damages their reputation. In reality, no one has the right to imitate any well-known brand or to misuse that trademark’s good name. 2010 (42) PTC 572 (Del.) [2]

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Trademark Branding Brands Branding 72

The IPKat

OCTOBER 15, 2021

Stone had began marketing an online ‘metaphysical education’ course under the brand ‘ARCHANGEL ALCHEMY’ in or around July 2019, with the course first starting on 23 September 2019 and running until 21 September 2020. A counterclaim for passing off and a declaration of invalidity of Stone’s trade mark was also submitted.

Business 83

Business Social Media Registration Intellectual Property 83

IP Intelligence

MAY 11, 2021

In Perry , the plaintiff produced 60 bottles of his mayonnaise/ketchup and mustard/ketchup concoctions branded METCHUP. Census Bureau, had a population of 8,679 in 2010). The plaintiff testified he hoped to sell more bottles and had obtained a federal registration for the mark, which at the time of the suit was incontestable.

Trademark 52

Trademark Registration Branding Brands 52

SpicyIP

FEBRUARY 26, 2024

The petitioner, with a prior registration since 2010 and evidence of use since 2000, argued against the respondent’s mark registered in December 2018 on a proposed-to-be-used basis. Clover Centrum vs Clover Network Inc. Thus, the Court granted ex parte interim relief in the favor of the Plaintiff.

Trademark 59

Trademark Copyright Registration Designs 59

The IP Law Blog

FEBRUARY 3, 2022

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning.

Designs 52

Designs Design Trademark Branding 52

LexBlog IP

SEPTEMBER 29, 2022

19 The distinctive character of a trade mark must be assessed by reference, first, to the goods or services in respect of which registration is sought and, second, to the perception of the relevant public (see judgment of 12 February 2004, Henkel, C‑218/01, EU:C:2004:88, paragraph 50 and the case-law cited). ” Ardagh at par.

Trademark 52

Trademark Registration Music Intellectual Property 52

IP and Legal Filings

FEBRUARY 9, 2022

Bluetooth”) owns various trademark registrations which it licenses to other companies to use in promoting a product’s Bluetooth-compatibility. FCA rebutted the presumption with an expert survey showing 82% of respondents believe that BLUETOOTH is a generic term rather than a brand name. Bluetooth SIG, Inc.

Trademark 52

Trademark Licensing Registration Fair Use 52

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 52

Intellectual Property False Advertising Designs Design 52

IIPRD

NOVEMBER 14, 2023

There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. The scam can be at various levels and multi-facet forms including mimicking websites, selling cheaper copies of brands or even stealing ideas of originators [4]. eBay Inc 2010 SCC OnLine US CA 2C 1. [19]

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Intellectual Property Due Diligence Journalism IP 59

LexBlog IP

FEBRUARY 3, 2022

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning.

Designs 40

Designs Design Branding Brands 40

The IPKat

JUNE 11, 2022

Do a quick Google search and you will find many sites explaining the history and significance of the phrase to Apple and its branding, and how it brought a new wave of popularity and interest to a floundering Apple company as of 1997. from 14 October 2011 to 13 October 2016).

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Advertising Advertising Reporting Branding 97

LexBlog IP

JULY 5, 2022

” [1] The best part about a copyright is that its registration is typically inexpensive and straightforward. § 102(a); see also Pride Family Brands, Inc. 2010) (citing Lee v. 2010) (quoting Payless Shoesource, Inc. 4]. [9] 35 U.S.C. § Carl’s Patio, Inc. , 2d 1214, 1217 (S.D. 10] See OddzOn Prods.,

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Intellectual Property Design Patent Designs Design 52

SpicyIP

DECEMBER 30, 2023

Eventually, Johnson and Johnson announced that it would no longer enforce their patents for Bedaquiline (brand name: Sirturo) which is used in the treatment of multidrug-resistant tuberculosis (MDR-TB) in 134 low- and middle-income countries. The rejection order is authored by Dr. Latika Dawara, Asst. First, in Toyota v.

IP 124

IP Copyright Trademark Intellectual Property 124

Above the Fold

JULY 5, 2022

1] The best part about a copyright is that its registration is typically inexpensive and straightforward. 102(a); see also Pride Family Brands, Inc. 2010) (citing Lee v. 2010) (quoting Payless Shoesource, Inc. Dental Products Co. , 2d 140, 152 (7th Cir. 9] 35 U.S.C. § Carl’s Patio, Inc. , 2d 1214, 1217 (S.D.

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Intellectual Property Design Patent Designs Design 40

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 87

Licensing Copyright Contracts Advertising 87

LexBlog IP

FEBRUARY 12, 2022

law is a certification mark and protection is achieved via registration similar to a trademark. In 2010, Interprofession first applied to register LE GRUYÉRE as a certification mark for a type of cheese produced in Switzerland (but not France.) for the term Gruyère against some very large U.S. odds, namely U.S. See below.).

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Public Domain Registration Journalism Designs 59