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Tiktok's other, smaller legal problem

43(B)log

The court found aspects of the copyright/ยง1202 claims claim insufficiently specifically pled and granted leave to amend, including to add sufficient detail to establish that the works at issue were not US works and thus exempt from the pre-suit registration requirement. This was classic Dastar. As stated in Luxul Technology Inc. 3d 1156 (N.D.

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TTAB Reverses Functionality Refusal of Rocking Chair Design But Finds Acquired Distinctiveness Lacking

The TTABlog

Applying the Morton-Norwich factors, and giving some weight to applicant's design patents, the Board concluded that the USPTO failed to make a prima facie case of functionality. There were no utility patents of record, nor any evidence showing that JBL touted any utilitarian advantages of this product design.

Designs 52
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TTAB Affirms Section 2(e)(5) Functionality Refusal of Serrated Knife Blade

The TTABlog

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Moran's Section 2(e)(5) functionality refusal of the design of a "serration pattern" on the blade of a knife (shown below).

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Energy Beverages Sued Indiana Automotive Shop for Alleged Trademark Infringement

Indiana Intellectual Property Law

Evansville, Indiana โ€“ In 2004, the Coca-Cola Company launched its Full Throttleยฎ energy drink brand, which was later apparently acquired by Monster Beverage Company (โ€œMonsterโ€) in 2015. From that transaction, Energy owns multiple trademark registrations including the three at issue in this case, U.S. Registration Nos.

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Gema USA, Inc. Sues Former Employee for Alleged Patent & Trademark Infringement

Indiana Intellectual Property Law

According to the complaint, Gema is a worldwide leader in the design and manufacture of electrostatic powder coating control units, and powder feed systems. The Design Patents are for a variety of powder guns and spray equipment. Registration No. Registration Date. January 6, 2015. OPTISELECT. May 16, 2017.

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Precedential No. 29: Finding Applicant's Period of Nonuse Excusable, TTAB Dismisses EUCALIN Opposition for Failure to Prove Priority

The TTABlog

Deemed a Specially Designated Narcotics Trafficker (SDNT), applicant was banned from doing business in the United States from 2008 to 2015. In May 2015, applicant was removed from the SDNT list. In October 2015 it filed an application to register its EUCALIN mark. Who Owned the Mark?:

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Africa IP highlights 2023: Copyright

The IPKat

In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements. The warning came as a result of complaints from various artists and designers who assert that their works are being distributed on various platforms without benefitting them.