IIPRD

MARCH 4, 2024

For Example, Person A used the trademark of Nike to defraud the public and to cause the loss to original Nike by selling duplicate products. So, this is an infringement of trademark and Nike can sue Person A for using its trademark without consent and causing loss to its goodwill. Case Law on Copyright in India.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

Technology & Marketing Law Blog

MARCH 15, 2022

Fuxi, the putative copyright owner, has a registration for an image of printed sage leaves (the left image): The alleged infringer, the Sunny Factory, sells the candles on the right on Amazon. ” Copyright owners don’t have any policing duty. See, e.g., Petrella v. Metro-Goldwyn-Mayer, Inc. , Implications.

Copyright 127

Copyright Cease and Desist Fair Use Litigation 127

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 TTABlog

AUGUST 3, 2022

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. Text Copyright John L. Universal Foods Corp.,

Law 52

Law Registration Designs Design 52

IIPRD

JUNE 13, 2024

AI and intellectual property rights (IPR) aren’t just something for the patent and copyright geeks to nerd out on although it is that, it is something that going to have a lot of commercial and social impacts as AI challenges a lot of the ways we function in IPR. This marks a significant shift in the prevailing paradigm.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. NFTs also may embody or use trademarks. This is highlighted in the case of Hermès International v.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

Biswajit Sarkar Copyright Blog

JANUARY 17, 2022

Section 9(1)(a) 1 of the Indian Trademark Act, 1999 mentions lack of distinctiveness in the mark as one of the grounds for refusing registration of the mark. However, in India, there are numerous family enterprises where personal names and surnames have been registered as trademark. Personal Names As Trademark.

Trademark 52

Trademark Registering Trademarks Registration Licensing 52

LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. NFTs also may embody or use trademarks. This is highlighted in the case of Hermès International v.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

The TTABlog

JULY 28, 2021

The United States District Court for the Eastern District of Virginia (Judge Liam O'Grady) affirmed the TTAB's decision of January 20, 2020 [ TTABlogged here ], dismissing a petition for cancellation of a registration of the mark SHUSTOV & Design (shown below) for various alcoholic beverages. GSH Trademarks Limited v. Swatch AG v.

Registration 40

Registration Reporting Designs Design 40

The TTABlog

JANUARY 3, 2023

In the latest round of this 25-year-old saga, the Board granted a petition for cancellation of two registrations for the mark COHIBA (one mark in standard form, the other slightly stylized) for "cigars," on the ground of violation of Article 8 of the Pan American Convention. Text Copyright John L. Seek review by way of civil action?

Registration 52

Registration Law Litigation Contracts 52

Biswajit Sarkar Copyright Blog

NOVEMBER 20, 2023

Since 2014, the Eurasian Economic Commission has held permanent observer status at WIPO. Trademarks Independent applications must be filed in each country. It is the conventional way to file a trademark. There is no unified office for EAEU trademarks. It is the unified register of EAEU trademarks.

Intellectual Property 52

Intellectual Property IP Contracts Registration 52

The TTABlog

APRIL 2, 2024

The Board dismissed this opposition to registration of a mark comprising the product configuration of boxes for storing board game components or dice, rejecting Opposer Chris Taylor's claims of de jure functionality and lack of acquired distinctiveness. Accordingly, Three Frog sought registration under Section 2(f). Section 101.

Designs 57

Designs Design Social Media Registration 57

The TTABlog

SEPTEMBER 23, 2022

Petitioner JNF LLC was undoubtedly unhappy with the result of its petition to cancel a registration for the mark HAPPIEST HOUR for bar and restaurant services. Its claim of use analogous to trademark use failed because its prior publicity "was not sufficiently clear, widespread and repetitive." TMEP Section 903.06 (2022).

Service Mark 52

Service Mark Registration Advertising Advertising 52

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 TTABlog

AUGUST 5, 2022

Peloton Cold Brew filed a civil action for review of an adverse TTAB decision, under Section 1071(b) of the Trademark Act. The Board had entered judgment against Cold Brew as a discovery sanction [ here ], ordering cancellation of Cold Brew's registration for the mark PELOTON for "beverages made of coffee." 117, 125 (2014).

Registration 62

Registration Trademark Business Copyright 62

43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Industria became aware of Latinfood’s Zenú and Ranchera products sometime between October 2013 and September 2014. Latinfood U.S. Here, the U.S.

False Advertising 59

False Advertising Advertising Advertising Registration 59

Technology & Marketing Law Blog

DECEMBER 27, 2023

Another troubling ruling for an Internet access provider trying to shake a contributory copyright claim based on user-caused copyright infringement. 11, 2023): Time and again we have declared that “prevailing defendants in copyright cases are presumptively entitled (and strongly so) to recover attorney fees.” 22-1641 (7th Cir.

IP 73

IP Advertising Advertising Copyright 73

IP and Legal Filings

JUNE 27, 2022

PART 1: of the blog discussed about history, development, fundamentals of IPR and explained Patents and Trademarks. PART 2: of the blog gives a detail about Copyrights, Industrial Designs, Geographical Indications, Layout Designs of Integrated Circuits, Plant Variety Protection and Trade Secrets. Cinematograph films. Sound recordings”.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

The TTABlog

JANUARY 7, 2022

Thomas McCarthy has provided to me his comments on the CAFC's October 27, 2021 decision in the Brooklyn Brewery case, in which the appellate court largely affirmed the TTAB's denial of Plaintiff Brooklyn Brewery's petition for cancellation of a registration for the mark BROOKLYN BREW SHOP (in standard form) for beer-making kits.

Registration 91

Registration Trademark Law Trademark Law 91

SpicyIP

NOVEMBER 7, 2022

And the third position was secured by Tanishka Goswami, from National Law University, Delhi for their essay titled “The Copyright Paradox: Striking The Balance Between Free Speech & Copyright In India”. A Look Through The Lens Of Music Generating AI”. The judges for this edition of the competition were Prof. Shubha Ghosh and Prof.

Patent Prosecution 111

Patent Prosecution Invention Journalism IP 111

SpicyIP

DECEMBER 5, 2022

Delhi High Court decreed the suit in favor of the Plaintiff and inter alia directed the Defendant to assign its trademark ‘Saptrishi Sandhi Sudha India’ in favor of the Plaintiff, as undertaken by it in its affidavit. The Plaintiff had filed the suit pending registration of its mark ‘Milaap’ seeking remedy against passing off.

Trademark 105

Trademark Registering Trademarks Registration IP 105

The TTABlog

JUNE 17, 2021

Finding that Petitioner failed to demonstrate its entitlement to maintain its genericness claim (f/k/a standing), the Board tossed out this petition for cancellation of two registrations for the mark ADVENTIST for religious publications, film production and distribution, educational services, and religious and missionary services.

Cease and Desist 52

Cease and Desist Registration Trademark Ownership 52

The TTABlog

JUNE 6, 2022

The CAFC affirmed the TTAB's decision [ TTABlogged here ], sustaining an opposition to registration of the mark LEHMAN BROTHERS for beer, spirits, and bar and restaurant services, on the ground of likelihood of confusion with the identical mark used for various financial services. Text Copyright John L. Welch 2022.

Registration 70

Registration Licensing Trademark Copyright 70

The TTABlog

MARCH 17, 2022

In 2009, Viacom let lapse its registration for DOUBLE DARE for production and distribution of a children's game show. The Board noted that "[i]t is not the law that 'the slightest cessation of use causes a trademark to roll free, like a fumbled football, so that it may be pounced on by any alert opponent.'" Armstrong Interactive, Inc.

Television 78

Television Social Media Trademark Registration 78

IP Tech Blog

AUGUST 22, 2022

Fashion brands, for example, are filing trademark applications in the US, Japan and the EU to secure protection for the use of their brands on digital projections of their apparel, shoes and accessories that are transacted in the Metaverse. 2014)??(?)???2815?). By using “Smart,” the application passed the formal test for registration.

Design Patent 57

Design Patent Designs Design Patent 57

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

Trademark protection is available for cannabis companies (canna-brands) through a combination of federal, state, and common law sources. Federal trademark registration is the strongest form of protection, as it is nationwide in scope and gives potential infringers constructive notice by virtue of being published in the Trademark Register.

IP 52

IP Registration Trademark Branding 52

SpicyIP

DECEMBER 20, 2023

With further ado, here’s what I found in Novembers: Database Protection in India: Since Prof Basheer’s 2005 post about the inaccurate implication of the theft of data as copyright infringement, to 2023, not much seems to have changed. The issue has often arisen in the context of protecting confidential information through copyright law.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

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

LexBlog IP

AUGUST 22, 2022

Fashion brands, for example, are filing trademark applications in the US, Japan and the EU to secure protection for the use of their brands on digital projections of their apparel, shoes and accessories that are transacted in the Metaverse. By using “Smart,” the application passed the formal test for registration.

Design Patent 52

Design Patent Designs Design Patent 52

IIPRD

FEBRUARY 23, 2021

Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention. LSI faced financial distress in 2014 due to cost escalation. The pendency in IP registration applications have also decreased.

IP 40

IP Intellectual Property Branding Brands 40

IP and Legal Filings

NOVEMBER 30, 2022

Additionally, it requires Cambodia to maintain online databases with data on applications and registrations for patents, industrial designs, and trademarks. The RCEP Agreement’s GI provisions are compliant with the Law on Geographical Indication (2014).

Intellectual Property 67

Intellectual Property Marketing Marketing IP 67

LexBlog IP

SEPTEMBER 29, 2022

(I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). Every sound trademark seems not only to signify something but to raise a question or two as well. Hence, the title of this piece and the discussion below.

Trademark 52

Trademark Registration Music Intellectual Property 52

SpicyIP

DECEMBER 24, 2023

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. To read these, along with a round up of IP developments around the country, and world, read on below.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the case of Alice Corp v CLS Bank International, the US Supreme Court in 2014 held that claims to a computer-associated technique of mitigating “settlement risk” in various financial transactions were barred from patenting. For example- Zhong An, a Chinese Insurance Company functions on various innovative blockchain technologies.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the case of Alice Corp v CLS Bank International, the US Supreme Court in 2014 held that claims to a computer-associated technique of mitigating “settlement risk” in various financial transactions were barred from patenting. For example- Zhong An, a Chinese Insurance Company functions on various innovative blockchain technologies.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the case of Alice Corp v CLS Bank International, the US Supreme Court in 2014 held that claims to a computer-associated technique of mitigating “settlement risk” in various financial transactions were barred from patenting. For example- Zhong An, a Chinese Insurance Company functions on various innovative blockchain technologies.

Technology 52

Technology Patent IP Invention 52

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103