The TTABlog

OCTOBER 5, 2023

Applicant markets KIST to reference a kiss." Opposer markets SUNKIST to reference the sun." Opposer submitted sales and marketing expenditures for fresh fruit from 2013 to 2021 and for carbonated soda from 2007 to 2021. Sunkist Growers, Inc. Intrastate Distributors, Inc. Opposition No. It failed to do so.

Advertising 67

Advertising Advertising Marketing Marketing 67

The TTABlog

JANUARY 24, 2022

In a 51-page opinion, the Board affirmed a refusal to register the product configuration shown below, for "handbags," finding the design to be generic and, alternatively, lacking in acquired distinctiveness: "Handbags embodying the proposed mark are so common in the industry that such product design is not capable of indicating source and.

Designs 52

Designs Design Registration Music 52

Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2013, Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. ” Market Effect. Further, “if IJR’s challenged use becomes uninterrupted and widespread,” it hurts Philpot’s potential market of licensing to media outlets.

Fair Use 88

Fair Use Licensing Copyright Marketing 88

The IPKat

JULY 11, 2022

The case that offered the opportunity to address the above saw the producers of protected designation of origin (PDO) “Cava” opposing an application for a three-dimensional EU trade mark “CHENINE Brut PREMIUM CAVA BOTTLE” (on the right). 103(2)(a) Regulation 1308/2013 GIs are protected against undue exploitation of their reputation.

Art 131

Art Registration Law Designs 131

Indiana Intellectual Property Law

AUGUST 9, 2021

Hammond, Indiana – Monster Energy Company (“Monster”), the Plaintiff, claims to be a nationwide leader in marketing and selling ready-to-drink beverages. Additionally, Monster claims it has been licensing the Claw Icon to gyms for use on gym equipment including heavy bags, boxing gloves, and banners since 2013.

Cease and Desist 52

Cease and Desist Trademark Branding Brands 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. Industria became aware of Latinfood’s Zenú and Ranchera products sometime between October 2013 and September 2014. Prior import plans in 2010-11 were paused.

False Advertising 59

False Advertising Advertising Advertising Registration 59

The TTABlog

AUGUST 3, 2022

Respondent established a first use date of December 2013. Natural Dog Acquisition LLC v. Pet Go Round of Greensboro , Cancellation No. 92074028 (August 2, 2022) [not precedential] (Opinion by Judge Albert Zervas). Petitioner claimed a first used date in 2008.

Law 52

Law Registration Designs Design 52

TorrentFreak

NOVEMBER 5, 2022

On the other, companies based in countries now seen as the enemy have the power to effectively disconnect millions of people, using systems that were designed for precisely that job. In 2013, Irdeto announced that it had been selected by the Russian Satellite Communications Company to secure content distributed by RSCC satellites.

Reporting 118

Reporting Business Technology Designs 118

Technology & Marketing Law Blog

JANUARY 18, 2024

However, those arguments were more theoretical than empirical; there weren’t a lot of high-profile examples of a mass-market consumer service deploying this strategy. 4) Social media “defective design” lawsuits go forward. Musk has bridged that gap. and the transition to a Web 3.0 Following the Lemmon v. TikTok bans.

Law 102

Law Social Media Advertising Advertising 102

Technology & Marketing Law Blog

OCTOBER 2, 2022

The plaintiff, NOC, is a teenager who has copyrighted designs in hand-drawn dots that Target allegedly copied in the clothing line. However, Target’s allegedly infringing works apparently were designed no later than December 2017. Work #6: posted to Facebook in 2013 and got 23 likes and 3 comments. Target Corp.

Copyright 96

Copyright Artwork Designs Design 96

The IPKat

APRIL 22, 2023

Over the past few years, The IPKat has hosted a number of posts on the lengthy Danish saga relating to protection and infringement of copyright in pottery created by designer Anne Black. Now, the final word seems to have been spoken, as Katfriends Hanne Kirk and Charlotte Mittet Høfler (both Gorrissen Federspiel) report.

Copyright 57

Copyright Designs Design Copyright Infringement 57

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

All these modern biological research works are time consuming, costly, and require several replicates and trials on animal and plant model systems before the product launch in the commercial market. Patents in biotechnology are required to maintain competitiveness in the market. In 2013, the Supreme Court of the U.S.

Patent 92

Patent Inventor Invention Intellectual Property 92

IP and Legal Filings

OCTOBER 4, 2022

4 of 2012 Concerning Regulation of Competition all businesses with operations in the UAE or supplying goods and services to the UAE market will have to ensure that they focus on and comply with the provisions of this new law. Design rights are registered with the IPPD. image Source : Medium Blog]. The term of protection is ten years.

Intellectual Property 52

Intellectual Property Law Business Designs 52

IP and Legal Filings

FEBRUARY 9, 2023

Marrakesh Treaty Marrakesh Treaty was adopted on June 27, 2013, to facilitate access to published works for people who are Blind Persons, Visually Impaired Persons, or Print Disabled (hereinafter beneficiary) who refrains from indulging in any printed form of copyrighted work. [iii] 3d 87 (2d Cir. first appeared on IPLF.

Copyright 81

Copyright Contracts Copying Licensing 81

IIPRD

JUNE 29, 2022

The monogram was designed to help them brand their firm and prevent copycats from trespassing on their turf. Fashion and luxury goods manufacturing requires a great deal of imagination, from the designs of the garments to the patterns, shapes, logos, symbols, and names associated with them. IP PROTECTION LOUI VUITTON PRODUCTS HAVE.

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

LexBlog IP

OCTOBER 4, 2022

” Then, in 2019, FinCEN’s update to its original guidance in fact affirmed its 2013 interpretation and did not establish any new regulatory expectations or requirements. The study found that the high-value art market has certain inherent qualities that make it potentially vulnerable to a range of financial crimes.

Non-Fungible Tokens 52

Non-Fungible Tokens Law Publishing Art 52

The IPKat

APRIL 1, 2024

This may include surveys or market studies and statements from professional bodies or the specialised public. Information on turnover, sales figures and market shares as secondary evidence were not deemed enough without primary evidence. The picture was created with Image Creator from Microsoft Designer. 209(4)(a) EUTMR ).

Art 82

Art Registration Marketing Marketing 82

SpicyIP

FEBRUARY 7, 2024

A bit of factual background before we move ahead to the legal analysis: Allied Blenders, a liquor manufacturer, has held a registered trademark for ‘OFFICER’S CHOICE PRESTIGE WHISKY’ label since 2013. The court’s analysis here worked on the same logic and highlighted the potential confusion it may cause in the market.

Copying 64

Copying Trademark Branding Brands 64

The TTABlog

FEBRUARY 22, 2022

In re Hulting , 107 USPQ2d 1175, 1180 (TTAB 2013). Its advertising expenditures of $1M were "modest" and its sales revenues and number of consumers were "not so impressive as to elevate Applicant's highly descriptive designation to the status of a distinctive mark" in the absence of market share and other contextual information.

Service Mark 76

Service Mark Advertising Advertising Registration 76

The IPKat

FEBRUARY 20, 2024

Among other products, CeramTec markets a pink-coloured hip-replacement implant. The patent, which included France among the designated states, expired on 5 August 2021. In 2013, the three EUTMs were registered in Class 10 on the basis of acquired distinctiveness.

Art 67

Art Registration Registering Trademarks Intellectual Property 67

The IPKat

DECEMBER 21, 2023

Those machines have been imported into the UK for distribution and sale since June 2013, and marketed using the acronym ICE and the following logo: Both the Claimant and the First Defendant have trade mark registrations in the United Kingdom.

Registration 67

Registration Intellectual Property Designs Design 67

Fish & Richardson Trademark & Copyright Thoughts

JUNE 4, 2021

4] There, the Federal Circuit held that Bolar’s use of Roche’s patented product in conducting tests to prepare its FDA application infringed Roche’s patent, even though Bolar would not market its competing product until after Roche’s patent expired. [5] 09-CV-10112 KBF, 2013 WL 3732867 (S.D.N.Y. July 16, 2013). [29] Sandoz Inc.

Invention 52

Invention Patent Marketing Marketing 52

The IPKat

SEPTEMBER 3, 2022

Background In 2013, Tigercat International Inc (the applicant), applied to register the word ‘Tigercat’ as an EUTM. In December 2013, Caterpillar Inc (the intervener) filed an opposition pursuant to Articles 8(1)(b) and 8(5) EUTMR in relation to its earlier EUTMs above covering goods in Classes 7 and 12 (amongst others, forestry machines).

Graphic Design 52

Graphic Design Designs Design Registration 52

Intepat

MAY 18, 2023

While one confers rights on inventors to encourage innovation, the other aims to eradicate monopolistic practices and encourages healthy competition in the market. A “standard” is a set of technical specifications that seeks to provide a common design for a product or process.

Patent 52

Patent Licensing Intellectual Property Technology 52

43(B)log

DECEMBER 18, 2023

The engineer of record must indicate on construction drawings the specific structural connectors that will be used on a given project, whether a custom connector designed by the engineer to join and transfer the load between members or a pre-engineered connector.

False Advertising 64

False Advertising Advertising Advertising Copyright 64

Corsearch

FEBRUARY 28, 2024

With the challenges posed by name saturation and the reduced availability of work marks, industrial designs are increasingly important within intellectual property strategies. When people think about designs they typically think of patents, but the world of protecting designs is far more extensive than that. respectively.

Registration 59

Registration Designs Design Intellectual Property 59

Patently-O

AUGUST 3, 2023

The complaint alleges Pfizer and BioNTech initially tested different vaccine designs but ultimately chose to copy Moderna’s approach, despite being aware of Moderna’s patents. In the lawsuit, Moderna is seeking monetary damages for patent infringement but not injunctive relief taht would remove the Pfizer vaccine from the market.

Patent 97

Patent Patent Infringement Copying Technology 97

IIPRD

FEBRUARY 13, 2023

The government has provided unfettered market access for telecom equipment, as well as a fair and proactive regulatory environment, ensuring that telecom services are available to customers at reasonable pricing. India is now the world’s second-largest telecommunications market, with 1.16

Intellectual Property 52

Intellectual Property Technology Government Inventor 52

43(B)log

FEBRUARY 21, 2024

WCT’s app was first released in 2014 for the iPhone and Pebble watch as a metric-tracking cycling app that was designed to “track speed, distance, altitude, and grade.” WCT’s Bike+ mark started as an ITU application on November 23, 2013 for “Downloadable mobile applications for recording and managing cycling activities.”

Marketing 59

Marketing Marketing Trademark Branding 59

The IPKat

DECEMBER 17, 2021

It had to be decided how the marks would be perceived by the average consumer, in the relevant market, who is reasonably well-informed and observant, taking account of the type of goods and how they are marketed. On this basis, the Court held that the defendant’s goods in (Kenyan) market would likely diminish the plaintiff’s goodwill.

Trademark 96

Trademark IP Registering Trademarks Branding 96

The IPKat

FEBRUARY 16, 2023

According to the Administrative Court, the denomination “morbier” traditionally designated a cheese from the Jura region. It had also been used by certain manufacturers to market a cheese produced nearby the Jura, but not in other regions of France nor in other countries. Morbier was not a generic denomination.

Art 80

Art Registration Licensing Marketing 80

The TTABlog

APRIL 5, 2022

Turning to the 10th DuPont factor, which concerns the market imterface between applicant and registrant, the Board reviewed a 2013 agreement between the parties' predecessors [a copy of which is appended to the opinion]. The details are what "lend substance and probative value to a consent agreement."

Registration 40

Registration Copying Designs Design 40

Technology & Marketing Law Blog

OCTOBER 28, 2022

But much of this business model is contingent on being able to sell flights directly through Ryanair’s site to control the market for ancillary services. That’s not what the statute is designed to prevent. Booking (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Nosal II , 930 F.Supp.2d –RyanAir v.

Blogging 86

Blogging Cease and Desist Business Litigation 86

Technology & Marketing Law Blog

MARCH 10, 2022

201 (Spring 2013). SF Design Group. Fredman Design Group. Tito & Tita appeared first on Technology & Marketing Law Blog. Mitchell, Keep Your Friends Close: A Framework for Addressing Rights to Social Media Contacts, 67 VAND. 1459 (2014); Zoe Argento, Whose Social Network Account? TELECOMM. & & TECH.

Social Media 79

Social Media Contracts Ownership Business 79

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. The Defendant on the other hand relied on the exception of the lack of novelty of the Plaintiff’s design and argued that there are many designs similar to the Plaintiff’s design.

Designs 52

Designs Design Trademark Cease and Desist 52

The IPKat

MAY 12, 2023

They develop, market and sell statistical process control (SPC) software and gauge management software. The defendant - Mr Aughton - had been developing software for over 50 years and was employed by PQ from 1989 as a software developer and was appointed a director in 2013. Background The claimants - PQ for short - are based in the US.

Copyright Infringement 67

Copyright Infringement Copyright Confidentiality Copying 67

Selvam & Selvam Blog

APRIL 1, 2022

The mark “Respule” owned by Cipla Ltd has been in use since 2013 and Cipla had been selling medicines that treat respiratory ailments under the names Budecort Respules and Duolin Respules. Attempted to imitate the trade dress thereby causing confusion in the market and resulting in an act of passing off.

Intellectual Property 40

Intellectual Property IP Copyright Infringement Artistic Work 40