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 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. 52(1)(a) and (b) of the same Regulation, autonomous and exclusive?

Art 67

Art Registration Registering Trademarks Intellectual Property 67

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

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

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. This may include surveys or market studies and statements from professional bodies or the specialised public. 7(3) CTMR ).

Art 82

Art Registration Marketing Marketing 82

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. Trademarks are protected by registration with the IP Department. Design rights are registered with the IPPD.

Intellectual Property 52

Intellectual Property Law Business Designs 52

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.

Registration 59

Registration Designs Design Intellectual Property 59

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

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

The IPKat

FEBRUARY 16, 2023

In the 1990s, an association of morbier producers applied for registration of PDO “Morbier”. After approving the registration in 2000, French authorities transferred the file to the European Commission for an EU-wide registration. In 2002, morbier became a PDO. Morbier was not a generic denomination.

Art 80

Art Registration Licensing Marketing 80

The TTABlog

APRIL 6, 2022

Applicant ADOL sought registration of the marks SKËNDERBEU and GJERGJ KASTRIOTI SKËNDERBEU (Stylized) for "beverages from wine distillates, namely, brandy and grape brandy." registration for GJERGJ KASTRIOTI SKËNDERBEU in standard character form, which it secured without objection from GKS. See In re Bose Corp., ADOL owns a U.S.

Ownership 52

Ownership Registration Trademark Contracts 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

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

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

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

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

43(B)log

AUGUST 5, 2021

Standard debate assumes semi omniscience of designer neutrally concerned with social welfare. Bespoke systems are often underutilized by their own designers and outmoded. Examples: Vessel Hull Design Protection Act. Registration is fast—takes a month—versus patent, but term of protection is only 10 years.

IP 45

IP Invention Designs Design 45

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 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.” World Champ Tech LLC v. Peloton Interactive, Inc.,

Marketing 59

Marketing Marketing Trademark Branding 59

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

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. E.g., the Explanation on Issues Concerning ‘Mocha’ issued by the China Beverage Industry Association in 2013 mentioned that ‘Mocha has been generally considered to represent a type of coffee’.

Branding 76

Branding Brands Branding IP 76

LexBlog IP

MAY 3, 2022

Like the United States, China offers protection for 2D and 3D designs of products and packaging, which is often known by U.S. Before diving into details, the chart below illustrates how 2D and 3D designs are protected as different IP rights in China. Protection of 2D Designs. Protection of 3D Designs. Trademark.

Designs 52

Designs Design Trademark Intellectual Property 52

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

IIPRD

FEBRUARY 23, 2021

The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. The National IPR Policy of 2016 has resulted in increasing IP registration since its inception. The pendency in IP registration applications have also decreased. Objective 5.11.1

IP 40

IP Intellectual Property Branding Brands 40

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. Unicolors, Inc. Factual and Procedural Background.

Registration 78

Registration Blogging Copyright Designs 78

SpicyIP

JANUARY 16, 2023

Communication of conceptual design to the public will not mean prior publication of the design, clarifies Delhi High Court. The court further held that mere communication of the concept of a design does not constitute prior publication. Case: Novateur Electrical & Digital Systems Pvt.

Trademark 102

Trademark Designs Design Registration 102

43(B)log

JUNE 24, 2022

U’s registration for THE for clothing and other merchandise by putting THE on a hangtag. Registration v. Much of the law is a collection of rules of thumb from registration context. Hard to think coherently about TM status without thinking about registration v. Use=is it in fact being used by this party as a TM.

Trademark Law 75

Trademark Law Law Trademark Registration 75

LexBlog IP

FEBRUARY 12, 2022

law is a certification mark and protection is achieved via registration similar to a trademark. Le Gruyere certified cheese as found in California markets. In 2013, Interprofession again sought protection in the U.S., but this time it modified the certification mark to encompass a design and word mark. odds, namely U.S.

Public Domain 59

Public Domain Registration Journalism Designs 59

SpicyIP

JULY 19, 2021

She highlights the issues and barriers to the registrability of smell-marks. She argues that unlike the Attars of Kannauj which are designated as Geopgraphical Indication, all small traditional businesses of Attars and Agarbattis do not enjoy such privilege, and thus, protection as smell marks may lend necessary protection to such TCE.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

SpicyIP

DECEMBER 12, 2022

Calcutta High Court allowed an application for rectification directing the Trademarks Registrar to cancel the registration granted to and remove the impugned mark ‘Neemyle’. Louis Vuitton Malletier v. Capital General Store and Anr. on 2 December, 2022 (Delhi High Court). Image from here. 2) to be present on February 2 for sentencing. .

Copyright Infringement 105

Copyright Infringement Settlement Registration Trademark 105

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. In this case, the Bombay High Court ruled that registration of copyright is not mandatory for obtaining relief in an infringement action.

IP 143

IP Intellectual Property Copyright Trademark 143

LexBlog IP

JULY 21, 2021

It can also mean as the proxy or substitute holder of rights here on earth because no spiritual being will receive a copyright certificate, trademark registrations, or letters patent. provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. society at over $1 trillion annually.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

LexBlog IP

JUNE 7, 2023

SEP Registration The Proposal establishes a “Competence Centre” within the EUIPO (which currently focuses solely on trademarks and design rights) to set up and maintain an EU-wide register for SEPs. 5] Registration of SEPs will be mandatory for enforcement purposes. [6] Key Provisions and Critical Assessment 1.

Licensing 52

Licensing Patent Confidentiality Registration 52

IP Whiteboard

NOVEMBER 19, 2020

In Australia, Manolo Blahnik owns a number of trade mark registrations including: Reg No. BGL and its subsidiaries ( BGL Group ), including Manolo Blahnik, manufacture, distribute and sell luxury shoes and accessories bearing the “MANOLO BLAHNIK” name and brand, which are sold in over 65 countries including Australia. Trade mark. 29 Apr 1992.

Branding 52

Branding Brands Branding Designs 52