JD Supra Law

SEPTEMBER 3, 2021

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods.

Marketing 101

Marketing Marketing Registration Reporting 101

The TTABlog

MAY 16, 2023

The Board denied a petition for cancellation of a Supplemental Registration for the mark LITTLE NOTES for address books, greeting cards, calendars, note paper, and the like, rejecting Petitioner Comptime's claim of likelihood of confusion with its alleged common law rights in the same mark for overlapping goods. Comptime, Inc.

Registration 52

Registration Advertising Advertising Copying 52

The IPKat

FEBRUARY 17, 2022

In this case, the UK IPO rejected a revocation action on the ground that the proprietor had put its registration to genuine use [decision here , No. If so, read on… Pawing over the evidence… Background On 21 st June 2013, Destileras M.G., If so, read on… Pawing over the evidence… Background On 21 st June 2013, Destileras M.G.,

Registration 52

Registration Public Domain Marketing Marketing 52

SpicyIP

SEPTEMBER 5, 2023

The court relied on an IPAB decision of 2013 to come to its conclusion on trademark infringement. For these reasons, the plaintiff’s mark was allowed to proceed to registration and the defendant’s marks were refused registration. Also, the class of consumers being children increased the possibility of confusion.

Registration 105

Registration Trademark Marketing Marketing 105

The TTABlog

APRIL 19, 2024

The Board sustained this opposition to registration of the proposed mark WOOLWAX for "corrosion inhibitors in the nature of a coating; rust preventatives in the nature of a coating" and for "all purpose lubricants," on the ground of mere descriptiveness under Section 2(e)(1).

Advertising 57

Advertising Advertising Registration Marketing 57

The TTABlog

OCTOBER 5, 2023

As to commercial strength, there were no third-party uses or registrations of the same or similar sun-kissed formative marks in the industry. Applicant markets KIST to reference a kiss." Opposer markets SUNKIST to reference the sun." It failed to do so. And so, the Board jettisoned the dilution claim.

Advertising 67

Advertising Advertising Marketing Marketing 67

The IPKat

JULY 11, 2022

With regard to the conflict with PDO “Cava”, the Opposition Division analysed, item by item, the scope of GI protection under Regulation No 1308/2013 (such as protection against misleading indication or against evocation). 103(2)(a) Regulation 1308/2013 GIs are protected against undue exploitation of their reputation. Therefore, Art.

Art 131

Art Registration Law Designs 131

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

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

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.

False Advertising 59

False Advertising Advertising Advertising Registration 59

TorrentFreak

AUGUST 31, 2023

IIPA aims to improve copyright protection and enforcement in overseas markets with high levels of piracy. The IIPA’s submission begins by painting a picture of creativity and productivity in the United States versus an “entrenchment of infringing services” in foreign markets.

Government 96

Government Marketing Marketing Registration 96

The IPKat

FEBRUARY 20, 2024

Among other products, CeramTec markets a pink-coloured hip-replacement implant. In 2013, the three EUTMs were registered in Class 10 on the basis of acquired distinctiveness. In 1991, CeramTec obtained a European Patent to a ceramic matrix composite, used in the production of this hip-replacement implant.

Art 67

Art Registration Registering Trademarks Intellectual Property 67

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

JANUARY 19, 2023

Introduction Prior to 2017, China was the largest cryptocurrency market in the world, with 80% of Bitcoin transactions, the most popular digital currency, taking place in yuan 1. The 2013 circular on Bitcoin is one of the official opinions on how the Chinese government views cryptocurrencies.

Government 73

Government Marketing Marketing Business 73

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

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

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

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

SEPTEMBER 26, 2022

It prohibits the registration and use of signs that are “detrimental to socialist morality or customs, or hav[e] any other adverse effect”. trade marks since 2013. trade marks in its tea business since 2013 and has gained significant market recognition. colour)’, which, at a glance, has no ‘adverse effects’.

IP 88

IP Marketing Marketing Business 88

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

The IPKat

NOVEMBER 27, 2023

The claimant had goodwill dating back to 1992 and registrations from October 2015. The defendant had been using since 2013 with registrations from June 2015. The claimant successfully claimed infringement and the invalidity of the defendant’s registrations before HHJ Melissa Clarke sitting in the IPEC.

Editing 70

Editing Registration Branding Brands 70

The IPKat

MARCH 2, 2022

Furthermore: how does the legal system of marketing authorization and other regulatory rights apply to personalized medicines? Since 2013, he has been teaching a seminar in patent law at the Munich Intellectual Property Law Center in Munich.

Intellectual Property 95

Intellectual Property Intellectual Property Law IP Patent Law 95

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. image Source : Medium Blog]. Trademarks.

Intellectual Property 52

Intellectual Property Law Business Designs 52

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

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

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

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

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

AUGUST 25, 2023

These enterprises are not free from such duties simply because they are new to the market. Turnover of the entity for any of the financial years since its incorporation/registration has not exceeded one hundred crore rupees. For example, one of the most important criteria that must be followed in new enterprises is labour rules.

Law 74

Law Contracts Business Government 74

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].

Registration 40

Registration Copying Designs Design 40

Corsearch

FEBRUARY 28, 2024

Read on to learn about: The difference between patents and industrial designs Recent industrial designs registration trends How you can swiftly search for industrial designs with Corsearch What are industrial designs? These and other questions are relevant in assessing registrability potential for patents. respectively. in 2017, 14.6%

Registration 59

Registration Designs Design Intellectual Property 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

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

43(B)log

FEBRUARY 21, 2024

16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. He posted about the app on social media but didn’t encourage others to do so; he didn’t have a written business or marketing plan before launch, and he did not create investor presentations, solicit investors, or raise capital.

Marketing 59

Marketing Marketing Trademark Branding 59

Biswajit Sarkar Copyright Blog

JANUARY 19, 2022

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). Even before applying for registration, the registrant will have to check whether his domain name is similar to any other registered domain name in the WHOIS.

Registration 52

Registration Trademark Cinema Business 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 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