IP and Legal Filings

OCTOBER 30, 2023

Barbie, a name synonymous with an unattainable standard of femininity and the concept of commercial feminism, was designed to captivate the toy market with all its glittery pink magnificence. A straightforward pink sans-serif typeface was used for the 1959 original trademark registration.

Trademark 86

Trademark Branding Brands Branding 86

The TTABlog

MARCH 15, 2024

Petitioner MHCS sought cancellation of a registration for the mark VEUVE OLIVIER for sparkling wines, claiming a likelihood of confusion with the registered mark VEUVE CLICQUOT for champagne. Priority was not an issue because MHCS filed its underlying application first.

Advertising 48

Advertising Advertising Branding Brands 48

The TTABlog

MAY 5, 2022

In what appears to be a case of first impression, the Ninth Circuit ruled (perhaps unsurprisingly) that under the Madrid Protocol, a foreign applicant who obtains a registration without showing actual use in the United States has a right of priority, as of the relevant constructive use date, over another who first used the mark in the United States.

Registration 52

Registration Marketing Marketing Trademark 52

43(B)log

JANUARY 5, 2024

In 2011, Plaintiff sued defendants for using the marks “Florida Virtual Academy/Program” and the associated acronyms, “FLVA/P.” Plaintiff has seven registered trademarks involving Florida Virtual School or FLVS; two of the registrations are incontestable. And they targeted school districts in their marketing.

Branding 59

Branding Brands Branding Marketing 59

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. Poulsen claims the Mark, protected under U.S. Federal Trademark Reg.

Trademark 52

Trademark Branding Brands Branding 52

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. The order was temporarily stayed pending full authentication of the Colombian registrations. But it does not seem to require harm.

False Advertising 59

False Advertising Advertising Advertising Registration 59

IP and Legal Filings

FEBRUARY 2, 2024

The Trademarks Act of 1999 does not forbid the use of names of gods or goddesses, religious symbols, or figurines in and of themselves; But it simply limits the registration of the mark under the Trademarks Act’s Section 9(2)(b), as is shown while reading the clause. 8] 2011 (48) PTC 235 (Del.) (DB) Lal Babu Priyadarshi [9].

Trademark Law 90

Trademark Law Trademark Law Service Mark 90

Technology & Marketing Law Blog

AUGUST 30, 2023

The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. For example, 9th Circuit courts used the “Internet trinity” factors in the 2000s, and then switched in 2011 to a unique four-factor test from the Network Automation. ” Marketing channel.

Advertising 85

Advertising Advertising False Advertising Trademark 85

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 ].

Litigation 75

Litigation Branding Brands Branding 75

TorrentFreak

NOVEMBER 24, 2022

In 2011 the file-hosting service was added to Hollywood’s list of notorious pirate sites and subsequently featured in the U.S. Government’s notorious markets report. Instead, they end up at auction after the original registrants forgets or chooses not to renew them. Not just once but two years in a row.

Advertising 93

Advertising Advertising Copying Branding 93

The TTABlog

SEPTEMBER 12, 2022

Acquired Distinctiveness: Since the applicant sought registration under Section 2(f), mere descriptiveness was not an issue. Although applicant's use of the term since 2011 was exclusive, it provided almost no information for the years 2011-2015. Resolving that doubt in applicant's favor, the Board reversed the refusal.

Advertising 40

Advertising Advertising Marketing Marketing 40

43(B)log

DECEMBER 26, 2022

for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. The logo is registered with the Copyright Office, and AFK applied for trademark registration as well. AKF sued LCF etc. AT&T Mobility, LLC, 710 F.3d

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

The IPKat

SEPTEMBER 24, 2021

Ownership of the registration was subsequently transferred to Sony Computer Entertainment Europe Ltd (the predecessor to Sony Interactive Entertainment Europe Ltd, ‘the applicant’). Genuine use must also be shown by way of solid and objective evidence of effective and sufficient use of the trade mark in the market concerned.

Marketing 57

Marketing Marketing Ownership Advertising 57

IP and Legal Filings

OCTOBER 31, 2023

Indian Trademarks Act of 1999 prohibits the registration of generic trademarks under section 9(1). Company in 2011 submitted its four trademark applications to the US Patent and Trademark Office (USPTO) for the use of “BOOKING.COM” as a word trademark. However, section 32 provides an exception to this rule. trademark law.

Trademark 59

Trademark Trademark Law Registration Fair Use 59

IP and Legal Filings

NOVEMBER 30, 2022

The 19th Asean meeting, which took place in November 2011, saw the introduction of the Regional Comprehensive Economic Partnership. By integrating 16 nations’ markets, the Regional Comprehensive Economic Partnership (RCEP) aspires to make it simpler for each nation’s goods and services to be available throughout the region.

Intellectual Property 67

Intellectual Property Marketing Marketing IP 67

The IPKat

DECEMBER 21, 2021

Both marks registered on 19th April 2011. On 25th April 2017, Frito-Lay applied to revoke both of Monster’s registrations on the ground that the marks had not been put to genuine use within a continuous period of five years. The applications for revocation concerned all the goods in Class 30 (‘the contested goods’).

Registration 78

Registration Licensing Television Reporting 78

LexBlog IP

JULY 5, 2023

In 2011, Hydronic began reverse-engineering Hetronic parts and contracted new suppliers to source them. When Abitron purchased Hydronic in 2014, they began selling products identical to Hetronic’s remote controls in foreign markets with the recognizable black-and-yellow coloring. if] such use is likely to cause confusion.”

Trademark 52

Trademark Marketing Marketing Contracts 52

IP and Legal Filings

FEBRUARY 20, 2022

As a result, slogan registration is frequently denied due to a lack of distinctiveness. The criterion for distinctiveness for slogans is the same as for other word marks, i.e., it should be examined in light of the goods or services for which registration has been sought, as well as the public’s perception of the mark.

Trademark 54

Trademark Advertising Advertising Registration 54

The TTABlog

DECEMBER 27, 2021

in which both parties own registrations, priority is an issue." The term “reverse confusion” has been used to “describe the situation where a significantly larger or more prominent newcomer ‘saturates the market’ with a trademark that is confusingly similar to that of a smaller, senior registrant for related goods or services.”

Branding 52

Branding Brands Branding Registration 52

The IPKat

MARCH 25, 2024

USM Haller modular furniture In 2011, the Court of Justice of the EU (CJEU), for the first time, had to decide on issues revolving around the protection of different categories of works under European copyright law. In this respect, protection must not be linked to the personal needs of the designer but to the time of registration or use.

Copyright Law 78

Copyright Law Art Designs Design 78

The IPKat

OCTOBER 15, 2021

Since 2011, she had provided spiritual and holistic education, training and therapy services to the public in person and online. A counterclaim for passing off and a declaration of invalidity of Stone’s trade mark was also submitted. In EU case law, a similar standard has been upheld.

Business 83

Business Social Media Registration Intellectual Property 83

SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients. Corruption in IP Offices, Anything New?

Trademark 59

Trademark Publishing Journalism Copyright 59

IP and Legal Filings

OCTOBER 20, 2022

To further the object of The Legal Metrology Act, 2009 and to regulate pre-packaged commodities, the Department of Consumer affairs has notified the Legal Metrology (Packaged Commodities) Rules, 2011(hereinafter referred to as “the rules”) which are amended from time to time. After this date, the product should not be marketed/ sold. [12].

Advertising 72

Advertising Advertising Due Diligence Government 72

Intepat

JANUARY 5, 2024

It also allowed researchers, educators, artists, and the like a more viable and cost-effective way to expand their markets at an exceedingly faster rate. The appellant offered the respondent the registration for its Rights Management Tools. Super Cassettes Industries Ltd., The Act does not deal with the issue of intermediaries at all.

Copyright Infringement 52

Copyright Infringement Copyright Privacy Government 52

The IPKat

JUNE 23, 2022

In most trade mark cases waiting a little longer to see the Defendant off the market would not, in my view, cause the Claimant a huge additional loss. The Defendant, Muzmatc h , was launched in 2011 and, you guessed it, offers online dating for Muslims. The judge was very much in the former camp. Muzmatch has since rebranded as Muzz.

Branding 73

Branding Brands Branding Litigation 73

The IPKat

JULY 26, 2021

MOCCA (and picture)’ as shown below, filed by a company named Rui Chang in March 2011, was approved for registration in China in May 2012 (No. Unsurprisingly, that could not reflect how the disputed trade mark was being used, the length of time, market share, etc. Background The disputed trade mark ‘??MOCCA

Branding 76

Branding Brands Branding IP 76

The IPKat

NOVEMBER 30, 2023

The case concerned the registration of 'Prosecco' as a GI in Singapore. This Kat was interested to see a court finally address this argument Singapore has offered protection for GIs since 1999, but it only adopted a registration-based system in the last decade with the Geographical Indications Act 2014 ('GIA').

Registration 134

Registration Advertising Advertising Law 134

The IPKat

MARCH 17, 2024

VCC also failed to have the NEW CERTAN trade mark registration cancelled. Importantly for this case, VCC produces two types of expensive French red wine involving various up-market grape types. Kreglinger's first vintage of the wine promoted and sold as "New Certan" was the 2011 vintage, released in 2013.

Designs 107

Designs Design Marketing Marketing 107

Technology & Marketing Law Blog

MARCH 7, 2022

Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. b)(4)(i)(A) (2011). Unicolors, Inc. b)(4) (2021).]

Registration 75

Registration Blogging Copyright Designs 75

IP Tech Blog

AUGUST 18, 2023

An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US. On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective.

Litigation 98

Litigation Patent Intellectual Property Branding 98

LexBlog IP

SEPTEMBER 29, 2022

They are marketed through different, yet related, channels of trade (sports and entertainment, which were melded together as ESPN’s original name ). So, there you go—Metro-Goldin-Mayer and Pennsylvania State University are two different entities each associated with a distinctive roar connected to their institution.

Trademark 52

Trademark Registration Music Intellectual Property 52

LexBlog IP

AUGUST 18, 2023

An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US. On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective.

Litigation 52

Litigation Patent Intellectual Property Branding 52

The IPKat

JUNE 11, 2022

However, upon further examination, it appears that the outcome was to be expected, given that revocation proceedings were based on a lack of genuine use of the mark between 2011 and 2016. from 14 October 2011 to 13 October 2016). Trying to follow Apple's words of wisdom.

Advertising 97

Advertising Advertising Reporting Branding 97

The IPKat

OCTOBER 4, 2021

In 2000, Nestlé filed an application with the Swiss Trademark Office for registration of a 3D trade mark in class 30 for coffee, coffee extracts and coffee preparations. In 2011, Nestlé secured a preliminary injunction in Switzerland, based on its registered 3D mark, against Ethical Coffee Company's capsules.

Public Domain 145

Public Domain Marketing Marketing Licensing 145

IP and Legal Filings

FEBRUARY 7, 2023

Importance of Registration of Trademarks in the Metaverse Businesses may now reach a larger audience, increase their digital footprint, and increase profits by utilising the Metaverse. The trademark registration safeguards the owner’s rights and establishes the business’s legal standing.

Trademark 84

Trademark Non-Fungible Tokens Branding Brands 84

LexBlog IP

JULY 21, 2021

Applications and registrations for designs generally decreased compared to 2019, but certain classes of products pertinent to assisting with the COVID-19 outbreak, or entertainment in lockdown, saw a proportional increase. Applications and Registrations. Design Right Applications, Registrations and Certifications. Key players.

Reporting 52

Reporting IP Patent Application Registration 52

43(B)log

AUGUST 18, 2021

For example (the details vary a little depending on defendant, but you get the picture): The STURGIS BIKE WEEK registration dates to 1997; defendants’ “Sturgis Motor Classic” came from 1997-98. During this period, defendants continued to grow and develop their inventory and marketed “Sturgis” and “Sturgis Motor Classic” rally products.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64