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 59

False Advertising Advertising Advertising Registration 59

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.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

The TTABlog

OCTOBER 5, 2023

This suggestion was confirmed by Opposer's advertising, which "touts the California sunshine under which Opposer’s citrus fruits are grown." As to commercial strength, there were no third-party uses or registrations of the same or similar sun-kissed formative marks in the industry. It failed to do so.

Advertising 67

Advertising Advertising Marketing Marketing 67

The TTABlog

AUGUST 3, 2022

Respondent established a first use date of December 2013. 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.

Law 52

Law Registration Designs Design 52

The IPKat

JUNE 6, 2022

CIVC affirmed that “Champanillo” constituted an evocation of PDO “Champagne”, which is considered an infringement under Regulation (EU) No 1308/2013. In considering the case, the Barcelona Appeal Court expressed uncertainty regarding the interpretation of Regulation (EU) No 1308/2013, and so it requested for a preliminary ruling (case C?783/19

Social Media 128

Social Media Advertising Advertising Designs 128

The TTABlog

FEBRUARY 22, 2022

In re Hulting , 107 USPQ2d 1175, 1180 (TTAB 2013). 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. TTABlogger comment: WYHA?

Service Mark 76

Service Mark Advertising Advertising Registration 76

Indiana Intellectual Property Law

AUGUST 18, 2021

Per the Complaint, Plaintiffs have used the getGo® trademark since at least March 2013 and have sought and secured federal trademark registrations for various getGo® trademarks and logos as set forth below (the “getGo® Marks”). Registration No. Service Mark Registrations, Nos. 92077459.

Trademark 52

Trademark Service Mark Registration Designs 52

43(B)log

JUNE 20, 2022

It has a 2014 registration for “Darkside NYC” for live musical performances by a band; the production of musical sound recordings; and websites with information about music or entertainment. There was no progressive encroachment here; both bands were in NY as of 2013 with the same name and same services. Fans often call it “Darkside.”

Music 59

Music Branding Brands Branding 59

The TTABlog

JANUARY 24, 2022

A design may be so common in the industry that it cannot identify a particular source, in which case registration should be refused "on the ground that the proposed mark fails to function as a mark." Applicant has sold its "Ark" bag since January 2013, with sales increasing sharply in 2017. ordinary consumers who purchase handbags.

Designs 52

Designs Design Registration Music 52

JIPL Online

FEBRUARY 26, 2021

In June of 2020, the Supreme Court of the United States (“SCOTUS”) held that a “generic.com” is eligible for trademark registration so long as the consumer recognized the mark as a distinguishing member of a certain class of goods or services. [i] The Decision. The second problem Justice Breyer has is that adding “.com”

Trademark 98

Trademark Registration Trademark Law Advertising 98

The IPKat

APRIL 1, 2024

The examiner of the EUIPO held that it was not an abstract colour mark but a figurative mark and refused registration for lack of distinctiveness ( Art. The history of the registration has been covered here. mm - excitation purity 0.860 - colorimetric purity: 0,894. 7(1)(b) Community Trade Mark Regulation , ‘CTMR’). 7(3) CTMR ).

Art 82

Art Registration Marketing Marketing 82

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

FEBRUARY 23, 2023

In 2013, Cadbury’s registration for Pantone 2685C was held invalid because its description rendered it void for lack of certainty. An appeal in 2018 failed to dodge this finding by trying to argue that the registration was a series of marks (see Volume 5 ). On appeal, Meade J disagreed and upheld the registration.

Registration 76

Registration Advertising Advertising Law 76

IP and Legal Filings

JANUARY 19, 2023

In an effort to enhance investor protection and reduce financial risk, the government has implemented legislation since 2013 that ban the trading of cryptocurrencies and any connected activity. The 2013 circular on Bitcoin is one of the official opinions on how the Chinese government views cryptocurrencies.

Government 72

Government Marketing Marketing Business 72

The IPKat

DECEMBER 17, 2021

The Plaintiffs highlighted specific instances where the Defendants falsely represented themselves as the Plaintiffs when applying for work for the Kenya Film Commission’s Technical Proposal KFC/OT/05/2013/2014 by using the Plaintiffs’ trademark ‘ACAL' without the Plaintiffs’ authority or consent.

Trademark 96

Trademark IP Registering Trademarks Branding 96

The IPKat

NOVEMBER 27, 2023

Background On 12 April 2022 Paredes Holding Center SL (the Applicant) filed an application for the EU registration of the position trade mark no. 7 (1)(b) of the EUTMR. The public has become accustomed to identifying a particular brand of running shoe or sports shirt based solely on a distinctive sign.

Television 73

Television Branding Brands Branding 73

IP and Legal Filings

AUGUST 14, 2023

The theory of Territoriality states that since disputes relating to the registration and validity of intellectual property rights are typically considered to fall under the exclusive jurisdiction of the State in which such registration was applied for, the choice of law should favour that State. Will there be no remedy at all?

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

The TTABlog

SEPTEMBER 12, 2022

107 USPQ2d 1750, 1765 (TTAB 2013), aff’d mem., Acquired Distinctiveness: Since the applicant sought registration under Section 2(f), mere descriptiveness was not an issue. See , e.g., In re Merrill Lynch, Pierce, Fenner & Smith, Inc., 2d 1567, 4 USPQ2d 1141, 1143 (Fed. 1987); Alcatraz Media, Inc. Chesapeake Marine Tours Inc.,

Advertising 40

Advertising Advertising Marketing Marketing 40

The TTABlog

AUGUST 2, 2021

For only the second time since the CAFC's 2009 decision in In re Bose , the Board upheld a claim of fraud, ordering cancellation of a registration for the mark FUJIIRYOKI for massage chairs. William Shen, the CEO of Respondent ACIGI, filed the underlying application and then assigned the registration to ACIGI soon after issuance.

Registration 52

Registration Ownership Licensing Trademark 52

The IPKat

APRIL 26, 2023

A prior design is disclosed where it has been published following registration or otherwise, or exhibited, used in trade, or otherwise disclosed, except where these events could not reasonably have become known in the normal course of business to the circles specialised in the sector concerned, operating within the EU ( Art.

Designs 76

Designs Design Art Intellectual Property 76

The IPKat

JANUARY 6, 2022

In my view the judgment is controversial and arguably misses the bigger picture, including the cumulative impact of more and more broadly drafted registrations on the practice of trade marks. The same could also apply to a company registration. SkyKick has said it would appeal – again – this time to the UK Supreme Court.

Registration 96

Registration Cease and Desist Branding Brands 96

SpicyIP

NOVEMBER 2, 2021

For the benefit of the reader, the diagram taken from the Trademark registry’s portal describe the entire workflow of an application from filing to its registration. Accepted & Advertised. Advertised before acceptance. The Dataset. The dataset consisted of 309,189 marks in total. Exam Report Issued. Rectification Filed.

Reporting 126

Reporting Trademark Advertising Advertising 126

43(B)log

OCTOBER 4, 2021

WPI counterclaimed against Restellini and third-party Institut Restellini SAS – Documentation Centre alleging copyright infringement and false advertising. Cases about false advertising of the source of “services” were inapposite. “[T]he This opinion got rid of the counterclaims. “In

False Advertising 59

False Advertising Artwork IP Advertising 59

The TTABlog

JANUARY 26, 2024

The Board granted a petition for cancellation of a registration for the mark FREEDOM PARTY for "organizing and conducting dance parties" on the ground that Respondent Hyman was not the sole owner of the mark when he filed his underlying use-based application. Therefore, his application was void ab initio and deemed invalid.

Registration 67

Registration Ownership Advertising Advertising 67

Biswajit Sarkar Copyright Blog

JANUARY 19, 2022

In that case, Google was using the plaintiff’s (Bharatmatrimony) trademark for advertising the websites of other matrimonial sites. Since domain names have a worldwide outreach, its registration is done by an international organization called the Internet Corporation for Assigned Names and Numbers (ICANN). ICANN/UDRP System.

Registration 52

Registration Trademark Cinema Business 52

SpicyIP

FEBRUARY 13, 2023

Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013. What stands out here is that the Court granted an injunction in favour of the Plaintiff based on earlier registration without considering the non-use of the mark by them.

Designs 52

Designs Design Trademark Cease and Desist 52

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’). Background In July 2001, an EU trade mark application was filed for the word sign ‘Vita’ for certain Class 9 goods, and later registered in September 2005.

Marketing 57

Marketing Marketing Ownership Advertising 57

SpicyIP

DECEMBER 20, 2023

Meanwhile, there was a case where the Delhi High Court struck down Section 24(5) of the Plant Varieties Act which which allowed the registrar to issue interim directions against third-party abuse during the plant variety registration process. The Supreme Court later stayed this case, however. see also Sourav Ganguly vs Tata Tea ).

Personality Rights 59

Personality Rights IP Licensing Copyright 59

The TTABlog

NOVEMBER 6, 2023

The Board granted a petition for cancellation of a registration for the mark CS for "amplifiers," finding that Petitioner Adamson Systems proved by a preponderance of the evidence that Respondent Peavey Electronics had discontinued use of the CS mark on amplifiers, with intent not to resume use.

Registration 60

Registration Branding Brands Branding 60

43(B)log

DECEMBER 20, 2022

Nathan directed the allegedly infringing 2013 Documentary, which “tells the story of Pug, a thirteen-year-old child who wants to be a ‘12 O’Clock Boy,’ just like [he] has repeatedly watched in [the 2001 and 2003 Documentaries].” Defendants' 2013 documentary Both parties’ works are “docu-fiction” set in Baltimore. Nathan, F.Supp.3d

Fair Use 52

Fair Use Trademark Copyright Editing 52

The IPKat

JUNE 23, 2022

The High Court revoked four EASYOFFICE registrations owned by easyGroup for non-use and held that the Defendant’s use of EASYOFFICE was not an infringement of those registrations anyway owing to, amongst other things, the availability of an honest concurrent use defence. Muzmatch has since rebranded as Muzz.

Branding 73

Branding Brands Branding Litigation 73

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

IIPRD

FEBRUARY 23, 2021

The National IPR Policy of 2016 has resulted in increasing IP registration since its inception. The pendency in IP registration applications have also decreased. The registration at USPTO is required to protect the creditor from bona fide purchasers and mortgages.

IP 40

IP Intellectual Property Branding Brands 40

43(B)log

FEBRUARY 21, 2024

16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. WCT’s Bike+ mark started as an ITU application on November 23, 2013 for “Downloadable mobile applications for recording and managing cycling activities.” World Champ Tech LLC v. Peloton Interactive, Inc., 2024 WL 665181, No.

Marketing 59

Marketing Marketing Trademark Branding 59

SpicyIP

JANUARY 16, 2023

Holding “Andamen” word mark and “And Men” device to the dissimilar, the Delhi High Court directed Registry to process the registration of the “Andamen” mark. Delhi High Court allowed an appeal against the order of the respondent and directed it to process the application for registration of the mark “Andamen” under class 18.

Trademark 102

Trademark Designs Design Registration 102

SpicyIP

JANUARY 2, 2022

The Vidya Drolia case laid down certain conditions for non-arbitrability of disputes and stated that grant and issue of patents and registration of trademarks were exclusive sovereign or government functions, thus making them non-arbitrable. Durga Trading Corporation was clarified in this case. In Dhiraj Dewani v.

IP 143

IP Intellectual Property Copyright Trademark 143

The IPKat

JUNE 11, 2022

Comment This case is a useful reminder that trade mark registrations may not last forever, despite the legacy behind them - such trade marks must still be used in accordance with their essential function. On 24 August 2018, the Cancellation Division revoked the contested marks in respect of all of the goods in Class 9.

Advertising 97

Advertising Advertising Reporting Branding 97