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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. Although it did not resume use of the mark for seven years, it commenced TTAB litigation with ARSA in 2016 regarding ownership of the mark. In May 2015, applicant was removed from the SDNT list.

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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 defendant has used the plaintiff’s song in an advertisement without the plaintiff's consent. The company was ordered to pay Ojo, ₦20 million (US$44 448) in damages.

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Africa IP highlights 2021 #1: The copyright field

The IPKat

While the High Court found Morison liable for trademark infringement as well as passing-off, the trial judge did not make a finding of copyright infringement, stating that as the designer of the device was not called to testify, copyright ownership was not sufficiently proven. NTA-Star used photos of Banire on their billboards.

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

The TTABlog

However, Applicant JBL failed to prove that this design has acquired distinctiveness, and so registration was refused on the Principal Register, but the Board accepted JBL's alternative amendment to the Supplemental Register. JBL pointed to its ownership of seven design patents for rocking chairs of the same or a very similar configuration.

Designs 52
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Precedential No. 21: TTAB Upholds Fraud Claim Against Distributor of Massage Chairs Who Registered Manufacturer's Mark FUJIIRYOKI

The TTABlog

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.

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Dastar prevents misrepresentation of source of IP from being material

43(B)log

WPI counterclaimed against Restellini and third-party Institut Restellini SAS – Documentation Centre alleging copyright infringement and false advertising. In 2015, the Catalogue Raisonné Amedeo Modigliani is henceforth transferred to Institut Restellini, being taken up with new methods, even more modern and scientifically extensive.

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TTAB Orders Cancellation of FREEDOM PARTY Registration: Application Was Void Ab Initio Due to Nonownership

The TTABlog

The Board granted a petition for cancellation of a registration for the mark FREEDOM PARTY for "organizing and conducting dance parties" on the ground that Respondent Hyman was not the sole owner of the mark when he filed his underlying use-based application. Gilles , 115 USPQ2d 1296 (TTAB 2015). Edward Levy and Marc Padro v.