IP Close Up

JUNE 1, 2022

Despite the high economic relevance of innovation and explosive invention growth reflected in the number of patents issued annually by the United States Patent and Trademark Continue reading.

Patent 114

Patent Invention Trademark Patent Troll 114

The TTABlog

JANUARY 8, 2024

Andrusiek's "actual" trademark use on comic books did not begin until 2017, but from 2006 he used the term as the name of a character, which the Board accepted as use analogous to trademark use, leading to the award of priority to Andrusiek. 108 USPQ2d 1134, 1145 (TTAB 2013). Andrusiek v. Cosmic Crusaders LLC and Lewis J.

Registration 73

Registration Trademark Social Media Designs 73

IPilogue

SEPTEMBER 1, 2022

NBC claims that JKMG is practicing trademark squatting to unfairly make money by registering trademarks belonging to others. What is trademark squatting? WIPO defines trademark squatting as the act of a person registering a trademark for a brand that belongs to someone else. JKMG’s trademark portfolio.

Trademark 106

Trademark Registration Registering Trademarks Branding 106

Erik K Pelton

DECEMBER 28, 2020

And trademarks have been along for the ride. While there were not, in my opinion, any major court developments affecting trademark owners, there have been many other events and changes that have impacted the world of trademarks over the past 12 months. The year’s biggest story impacted trademarks in a few different ways.

Trademark 130

Trademark All Rights Reserved Registration Branding 130

Likelihood of Confusion

MARCH 2, 2022

Originally posted 2013-10-29 12:56:20. The post Old trademarks never die… appeared first on LIKELIHOOD OF CONFUSION™. They just fade away. Republished by Blog Post Promoter.

Trademark 52

Trademark Blogging Branding Brands 52

IPilogue

OCTOBER 17, 2022

Interestingly, Apple first filed the trademark for Dynamic Island with the Jamaican Intellectual Property Office (“JIPO”) back in July before filing it in the U.S. In this case, Apple filed the trademark application for Dynamic Island on July 12, 2022, in Jamaica, a member of the Paris Convention which recognizes the right of priority.

Trademark Law 119

Trademark Law Trademark Law Privacy 119

The TTABlog

SEPTEMBER 8, 2022

Andrusiek's "actual" trademark use on comic books did not begin until 2017, but from 2006 he used the term as the name of a character, which the Board accepted as use analogous to trademark use, leading to the award of priority to Andrusiek. 108 USPQ2d 1134, 1145 (TTAB 2013). Andrusiek v. Cosmic Crusaders LLC and Lewis J.

Registration 95

Registration Trademark Social Media Copying 95

Garrigues Blog

FEBRUARY 7, 2023

In addition, collective trademarks identify goods or services of members of their association with respect to third parties. Furthermore, on March 12, 2013, the Morcilla de Burgos Manufacturers’ Association filed an application for the following Spanish collective trademark no. However, can the two coexist?

Trademark 52

Trademark Registration Intellectual Property Blogging 52

IPilogue

DECEMBER 6, 2021

On October 5, HBC filed a statement of claim at the Federal Court of Canada against a Quebec family for trademark infringement, depreciation of goodwill, and passing off. The Zellers Trademark: Then and Now. In 2013, the chain of Zellers stores officially closed. HBC’s Claim of Trademark Infringement. is contravening s.

Trademark 111

Trademark Intellectual Property Intellectual Property Law Registration 111

The IPKat

NOVEMBER 24, 2022

On October 30, 2013, a German company applied to the German Trade Mark Office (DPMA) for a word mark “Black Friday”. On December 20, 2013, the trade mark was registered for a large number of goods and services in classes 9, 35 and 41. The trademark was remained valid in Classes 9 and 41, and in part of Class 35.

Registration 117

Registration Advertising Advertising Art 117

LexBlog IP

AUGUST 2, 2023

When litigating trademark infringement cases in Colombia, the issue arises as to how the plaintiff should provide valid evidence of the damages arising from the unauthorized use of a trademark, as well as to what admissible evidence may be used to prove the amount of the indemnification claimed in the proceeding.

Trademark 52

Trademark Licensing Government Litigation 52

IP Watchdog

APRIL 4, 2024

Patent and Trademark Office (USPTO). The application was filed in 2013 and the USPTO examiner rejected all claims as obvious, two claims as lacking written description, several other claims as indefinite and others for improper dependency. Bhagat’s U.S. patent application No.

Patent 64

Patent Patent Application Inventor Trademark 64

Patently-O

NOVEMBER 29, 2021

This is a trademark case. Dollar Financial holds registered trademarks for MONEY MART – the name it uses for its payday and title loan venders as well as pawn shops and pawn brokerages. Brittex Financial v. Dollar Financial ( Fed. The USPTO then granted the registrations associated with the new uses.

Trademark Law 78

Trademark Law Trademark Law Registration 78

Likelihood of Confusion

JULY 17, 2021

In October of 2013 I blogged here about my participation in a panel on “trademark misuse” at the annual meeting of the AIPLA, where, The post Best of 2014: Nothing but err appeared first on LIKELIHOOD OF CONFUSION™. Originally published on February 21, 2014.

Blogging 116

Blogging Publishing Trademark 116

The IPKat

NOVEMBER 29, 2023

It, however, appears that the sign Crompouce® was registered as a trademark with the Benelux Office for Intellectual Property (BOIP) already in 2020 and the design was registered as a Benelux design in the same year. In the media, a discussion emerged among Dutch IP professionals about whether Crompouce® is a valid trademark?

Cease and Desist 76

Cease and Desist IP Trademark Designs 76

Selvam & Selvam Blog

JULY 20, 2021

It is pertinent to note that these keywords can either be generic terms like “red bag” or trademarks such as “Louis Vuitton” and the issue arises when the latter is bid for. The law surrounding third parties bidding on trademarks has been settled by way of many injunctions as seen in Make My Trip (India) Private Limited v.

Advertising 52

Advertising Advertising Trademark Intellectual Property 52

Indiana Intellectual Property Law

AUGUST 18, 2021

Wayne, Indiana – Phoenix Intangibles Holding Company apparently licenses the getGo® trademark to Giant Eagle, Inc. 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”).

Trademark 52

Trademark Service Mark Registration Advertising 52

Olartemoure Blog

MARCH 21, 2024

McDonalds’ yellow is Pantone 123C Starbucks green is Pantone 3298C Penguin Book’s orange is Pantone 1505 When a color becomes so related to a brand itself, they can trademark it if they justify that it represents their brand, but it can only be trademarked within its relevant industry. Our Expert María A.

Branding 52

Branding Brands Branding Intellectual Property 52

JD Supra Law

DECEMBER 27, 2021

2021) In 2013, Nike, Inc. Converse") brought a trademark infringement action under the Lanham Act against hundreds of participants in Chinese counterfeiting networks. Legal developments - 1. Next Investments, LLC v. Bank of China, No. 20-602 (2d Cir. Nike") and Converse Inc.

Reporting 98

Reporting Trademark 98

IP and Legal Filings

SEPTEMBER 16, 2021

The inculcation of such features into products and services has snowballed into the rise of a separate class of trademarks known as ‘non-conventional trademarks’. Global and Indian laws concerning smell trademarks. Smell marks and Indian trademark laws. [Image Source: gettyimages].

Trademark Law 52

Trademark Law Trademark Law Registration 52

43(B)log

AUGUST 18, 2022

9, 2022) Interesting case about trademark preemption. Its maker, Applica, paid royalties to Black & Decker for the right to use the name and trademarks in selling small kitchen appliance. “[A] Wal-Mart Stores East, LP, No. A-1-CA-38023, 2022 WL 3221810, -- P.3d The coffeemaker evidently proved unsatisfactory, and the Pumas sued.

Trademark 64

Trademark Licensing Branding Brands 64

JIPL Online

FEBRUARY 26, 2021

If the title sounds familiar, you are part of the reason Booking.com successfully trademarked “Booking.com” while paving the way for owners of similar marks to receive trademark protection. The Decision. Justice Breyer disagreed with the majority’s decision, specifically (1) that placing “.com”

Trademark 98

Trademark Registration Trademark Law Advertising 98

Indiana Intellectual Property Law

AUGUST 9, 2021

Apparently realizing the importance of its brand, Monster owns at least fourteen federal trademark registrations that include the Claw Icon in various classes of goods and services (the “Asserted Marks”). Monster is seeking damages for trademark infringement arising under 15 U.S.C. Since 2002, Monster asserts it has spent over $8.5

Cease and Desist 52

Cease and Desist Trademark Branding Brands 52

IP Watchdog

APRIL 21, 2022

Patent and Trademark Office (USPTO), who has an important executive role with political accountability and therefore, by statute, must be Presidentially-Appointed and Senate-Confirmed (PAS). This rule applies equally to the Director of the U.S.

Designs 119

Designs Design Trademark Patent 119

The IPKat

DECEMBER 17, 2021

Today, it’s about the trademark arena. The court declined to form an opinion on Apple’s contention that over the past 15 years, it had established a family of i-prefix trademarks, which would assist a consumer in better recognising its products. (c)

Trademark 96

Trademark IP Registering Trademarks Branding 96

The IP Law Blog

MAY 20, 2021

What happens when a junior trademark holder’s business becomes so popular and well known that it threatens to swamp the reputation of a senior mark holder? The senior mark holder brings a trademark infringement case alleging “reverse confusion” among its potential customers. After some discovery, Dropbox moved for summary judgment.

Trademark 98

Trademark Marketing Marketing Business 98

Indiana Intellectual Property Law

JULY 21, 2021

Vroom”), the Plaintiff, apparently began selling used vehicles online in 2013. As e-commerce has taken off, Vroom sought and registered numerous trademarks including those at issue in this case as shown below (the “Vroom Marks”).?. Indianapolis, Indiana – Vroom, Inc. Registration No./Serial

Cease and Desist 40

Cease and Desist Trademark Designs Design 40

IAM Magazine

NOVEMBER 2, 2022

After six years of judicial practice, the punitive damages clause in the Trademark Law was revised to one to five times the actual damages in 2019 from one to three times the actual damages in 2013. In the Trademark Law and the Anti-Unfair Competition Law, the conditi.

Trademark Law 52

Trademark Law IP Trademark Law 52

SpicyIP

AUGUST 10, 2023

The case revolved around SAP Se (Appellant) trying to furnish new evidence according to the Trademark Rules, 2002. It started trading in India in around 1992 under the mark “SAP” and applied for trademark registration in 1999. The Appellant herein was a software entity providing business solutions for a number of industries.

Trademark 98

Trademark Law IP Registration 98

IP and Legal Filings

NOVEMBER 22, 2023

Nominative fair use of a trademark is a legal doctrine that can be used as a defence in some types of trademark infringement cases. When using the mark, the user must do nothing that suggests sponsorship or endorsement by the trademark owner. 396/2013 Facebook Twitter LinkedIn WhatsApp The post Harpic v.

Fair Use 88

Fair Use Advertising Advertising Branding 88

JD Supra Law

JULY 27, 2023

The US Court of Appeals for the Federal Circuit concluded that patents and applications that have only ever contained claims with an effective filing date after March 16, 2013—i.e., pure America Invents Act (AIA) patents—may not be subjected to an interference proceeding by the US Patent & Trademark Office (PTO) Director.

Invention 40

Invention Trademark Patent 40

Likelihood of Confusion

FEBRUARY 26, 2023

Originally posted 2013-07-18 08:29:25. I’m just back from 10 days R&R in Egypt, and while I plow through all that piled up while gone, ponder this one: Outside the main entrance to the pyramid complex in Giza, there is a shop that advertises “Hand Made Pyrex Glasses.” ” Pyrex is a Corning, Inc.,

IP 52

IP Advertising Advertising Blogging 52

43(B)log

JUNE 20, 2022

Laches can bar both injunctive relief and damages in trademark cases, and here the court grants a motion to dismiss based on laches. As early as 2013, SWS became aware of defendants and “made repeated objections to it via two email exchanges and three letters from Plaintiff’s then-counsel in 2013 and 2014.”

Music 59

Music Branding Brands Branding 59

SpicyIP

SEPTEMBER 5, 2023

Last month, the Calcutta High Court decided a trademark dispute between KitKat (chocolate coated wafers) and KitKat (chanachur – a savoury chickpea snack) after 23 years. In 2023, the Calcutta High Court permanently restrained the defendants from using their KitKat trademark and trade dress.

Registration 105

Registration Trademark Marketing Marketing 105

The Illusion of More

JUNE 7, 2022

“Defcad stands against artificial scarcity, intellectual property, copyright, patentable objects, and regulation in all its forms.” – Cody Wilson, Promo Video, 2013 – In 2012, when this blog was new, I wrote a short piece about Cody Wilson’s vision to combine Second Amendment maximalism with tech-utopianism to ensure that every citizen has even easier (..)

IP 104

IP Intellectual Property Blogging Copyright 104

IP Watchdog

JUNE 8, 2022

Patent and Trademark Office (USPTO) and the National Institute of Standards and Technology (NIST) have announced that they are officially withdrawing the 2019 Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments. Department of Justice (DOJ), the U.S.

IP 69

IP Technology Patent Trademark 69

IP Watchdog

OCTOBER 5, 2021

Under European Union (EU) law—specifically, Article 103(2) of Regulation 1308/2013—signs that qualify as protected designations of origin (PDOs) or protected geographical indications (PGIs) are shielded against any direct or indirect commercial use, as well as against any “evocation” of it that is likely to mislead a consumer as to the true origin (..)

Designs 111

Designs Design Law Trademark 111