The TTABlog

MAY 17, 2023

In and exhaustive and exhausting 69-page decision, the Board sustained-in-part and dismissed-in-part Starbucks' opposition to registration of the mark SIREN'S BREW ("BREW" disclaimed), finding confusion likely with the Starbucks design logo with regard to applicant's "coffee beans," but not as to applicant's "shirts; sweat shirts."

Advertising 52

Advertising Advertising Designs Design 52

LexBlog IP

SEPTEMBER 15, 2021

The Court of Appeals affirmed the previous decision of the district court which found that Australian Leather had wilfully infringed Deckers’ “UGG” trademarks by selling less than 15 pairs of UGG branded boots in the U.S., Background.

Trademark 52

Trademark Registration Branding Brands 52

43(B)log

FEBRUARY 24, 2024

A variant of separating the mark from the brand; not seeing it in all categories, and we may have a world in which some marks—maybe the 1%--are not divided from brands but the others are. Brands can choose to “gate” on Amazon with authorization letters, but how does the consumer know the seller will stick to selling genuine goods?

Fair Use 45

Fair Use Branding Brands Branding 45

IP Tech Blog

AUGUST 22, 2022

Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and commodities. By using “Smart,” the application passed the formal test for registration. Since then, giant companies all over the world ? 2035???????

Design Patent 57

Design Patent Designs Design Patent 57

43(B)log

JUNE 20, 2022

It has a 2014 registration for “Darkside NYC” for live musical performances by a band; the production of musical sound recordings; and websites with information about music or entertainment. Defendants are a musical duo that also operates as Darkside and their record label. Fans often call it “Darkside.”

Music 59

Music Branding Brands Branding 59

SpicyIP

MAY 10, 2023

June 7, 2016) by citing new, previously unmentioned, grounds. Shell Brands International AG v. Controller of Patents : Application cannot be rejected on new grounds of objections that were not raised previously Though the order does not mention the subject invention, it states that the dispute pertained to the Patent Application no.965/DELNP/2006

Trademark 126

Trademark Invention Patent Art 126

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

APRIL 28, 2022

“In preparation for the league’s debut, Defendants have invested tens of millions of dollars in acquiring intellectual property rights, advertising, broadcasting, stadium and apparel deals, and in hiring players, coaches, trainers, and other staff, and in branded uniforms and equipment. Plaintiff’s 1980s USFL registrations lapsed.

Licensing 45

Licensing Advertising Advertising Registration 45

IP and Legal Filings

FEBRUARY 4, 2022

Plaintiffs saw an advertising for Defendants’ syrup/sharbat, which had the mark ‘DilAfza’ on it and was packaged in deceptively similar ringlet bottles to the ‘RoohAfza’ bottle.As Plaintiffs have Class 32 registrations as well. Similarly, in Vardhman Buildtech Pvt. Vardhman Properties Ltd.,

Registration 64

Registration Trademark Trademark Law Marketing 64

The TTABlog

JUNE 10, 2021

Nonetheless, applicant argued that relevant consumers perceive COOKINPELLETS.COM as its brand name," and the evidence showed that some third-parties use or understand COOKINPELLETS (with or without a space) and COOKINPELLETS.COM as capable of serving as a source indicator. Ghiorse , 119 USPQ2d 1178, 1187 (TTAB 2016).

Advertising 52

Advertising Advertising Social Media Marketing 52

LexBlog IP

JULY 10, 2023

325, 335–37 (2016). Lower courts could use Justice Jackson’s broader definition moving forward, or follow the narrower interpretation that only the creation, advertising, or sale of infringing products or services within the U.S. To apply the presumption, the Court used the two-step framework set forth in RJR Nabisco, Inc.

Advertising 40

Advertising Advertising Trademark Branding 40

IPilogue

JANUARY 14, 2022

of the Patent Act on June 24, 2016. Like most countries, Canada bars the registration of “clearly descriptive” trademarks to prevent applicants from monopolizing words that merely describe the goods or services at hand. First Time Interpreting Patent Agent Privilege. v Sandoz Canada Inc. The Road Less Travelled Cannot be Trademarked.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

SpicyIP

NOVEMBER 8, 2023

The person was later convicted in 2016. For collective marks, he argued that out of 10 collective mark registrations he examined, 9 were granted erroneously. A brand owner’s injunction now depends on the ad’s content, checking if the same confuses or causes blurring or tarnishment.

Trademark 59

Trademark Publishing Journalism Copyright 59

LexBlog IP

FEBRUARY 9, 2022

In doing so, the TTAB will consider: (i) The duration, extent, and geographic reach of advertising and publicity of the mark, whether advertised or publicized by the owner or third parties. (ii) Spotify AB , 2022 USPQ2D 37 at *13–14. Spotify AB , 2022 USPQ2D 37 at *7. Yankees P’ship, 114 USPQ2d at 1502 (quoting 15 U.S.C. §

Television 40

Television Music Advertising Advertising 40

SpicyIP

MARCH 25, 2024

Also, the plaque carried a fork, knife, and plate symbol (see also image 2) which was introduced by Michelin in the 2016 edition of the Paris Michelin Guide, as a brand new L’assiette’ or The Plate symbol to recognise restaurants that ‘simply serve good food’.

Trademark 45

Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

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. The National IPR Policy of 2016 has resulted in increasing IP registration since its inception. Objective 5.11.1

IP 40

IP Intellectual Property Branding Brands 40

The IPKat

JUNE 23, 2022

Given that finding and clearing a new brand purely from a legal perspective can take months, it is interesting to note that when a Defendant loses an infringement case it will almost certainly be ordered to rebrand within days, weeks at the most. The parties were back in court in January for a form of order hearing.

Branding 73

Branding Brands Branding Litigation 73

The TTABlog

NOVEMBER 6, 2023

The Board granted a petition for cancellation of a registration for the mark CS for "amplifiers," finding that Petitioner Adamson Systems proved by a preponderance of the evidence that Respondent Peavey Electronics had discontinued use of the CS mark on amplifiers, with intent not to resume use.

Registration 60

Registration Branding Brands Branding 60

The TTABlog

JANUARY 26, 2024

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. Therefore, his application was void ab initio and deemed invalid. Wellington).

Registration 67

Registration Ownership Advertising Advertising 67

43(B)log

FEBRUARY 21, 2024

16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. But the app was not updated after 2016 and was removed from WCT’s website. But the app was not updated after 2016 and was removed from WCT’s website. Peloton’s core brand is Peloton. World Champ Tech LLC v.

Marketing 59

Marketing Marketing Trademark Branding 59

TorrentFreak

OCTOBER 18, 2022

After obtaining permission from the court in late April, MPA investigators began serving third-party subpoenas on advertising brokers including Amobee, Exponential Interactive, Oracle Corporation, Yahoo Ad Tech, AdSupply, Aragon Advertising, Insticator, and Outbrain, plus Amazon and Google. Arm’s Length Advertising.

Advertising 118

Advertising Advertising Business Reporting 118

Kashishipr

AUGUST 18, 2021

The same is majorly influenced by the mode of use, nature of advertising, and inherent nature contributing to the inherent distinctiveness of the mark owing to its common characteristics. It was submitted that 74 third-party registrations were existent, and the consumers did not associate with the brand as a household name.

Trademark 105

Trademark Registration Branding Brands 105

The IPKat

JUNE 11, 2022

Do a quick Google search and you will find many sites explaining the history and significance of the phrase to Apple and its branding, and how it brought a new wave of popularity and interest to a floundering Apple company as of 1997. from 14 October 2011 to 13 October 2016). Trying to follow Apple's words of wisdom.

Advertising 97

Advertising Advertising Reporting Branding 97

43(B)log

FEBRUARY 24, 2023

UCLA School of Law Mark Janis: 1 st day of TM: students’ experience of brands as used by owners & 3 rd parties is so disconnected from the historical traditions of TM. New facts: Many doctrinal foundations—comparative advertising, LOC where market structure and expectations of consumer behavior have changed.

Trademark 49

Trademark Branding Brands Branding 49

IP and Legal Filings

MAY 20, 2022

The registration of your product holds enormous significance as it ensures your mark isn’t misrepresented in the market, safeguards your goodwill, ensures control over advertising and branding, and the list can go on. In case one wishes to register their brand under The Trademarks Act 1999, they need to meet certain canons.

Trademark 75

Trademark Service Mark Registration Registering Trademarks 75

IP Whiteboard

NOVEMBER 19, 2020

BGL and its subsidiaries ( BGL Group ), including Manolo Blahnik, manufacture, distribute and sell luxury shoes and accessories bearing the “MANOLO BLAHNIK” name and brand, which are sold in over 65 countries including Australia. In Australia, Manolo Blahnik owns a number of trade mark registrations including: Reg No. 17 Oct 2016.

Branding 52

Branding Brands Branding Designs 52

LexBlog IP

JUNE 21, 2023

Of course, each use stems from the shorter phrase “make your mark,” embodying the mere notion of the archer hitting the target , or maybe even the less educated simply indicating agreement with an initial, an X, or a cross , or at times a craftsman adding “ a maker’s mark—essentially personal branding.”

Registration 52

Registration Trademark Trademark Law Law 52

Above the Fold

JULY 5, 2022

1] The best part about a copyright is that its registration is typically inexpensive and straightforward. 102(a); see also Pride Family Brands, Inc. Copyright protects “original works of authorship” fixed in any tangible medium of expression, such as “pictorial, graphic, and sculptural works.” [1] 5] Home Design Servs., GFI , 193 F.3d

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

LexBlog IP

JULY 5, 2022

” [1] The best part about a copyright is that its registration is typically inexpensive and straightforward. § 102(a); see also Pride Family Brands, Inc. Copyright protects “original works of authorship” fixed in any tangible medium of expression, such as “pictorial, graphic, and sculptural works.”

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

SpicyIP

DECEMBER 30, 2023

The judgement was passed collectively in an appeal against 4 orders (two impugning the 2016 Ericsson v. Controller General of Patents and Designs (passed on September 15), the Court clarified that the 2016 CRI Guidelines’ requirement of assessing the CRI in conjunction with novel hardware has now been removed from the 2017 CRI Guidelines.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

AUGUST 11, 2021

Prior attempts to measure tarnishment: Buccafusco et al 2016 focused on porn parodies, found burnishing except among very conservative consumers. Their studies: we might see tarnishment in the brand context, and stronger among conservatives. Control to tarnishment—They rated the brand as stronger if they saw the tarnishing stimuli.

Trademark 72

Trademark Copyright Branding Brands 72

Patently-O

DECEMBER 12, 2021

. § 1052(c) provides, in pertinent part, that the PTO must deny federal registration to a trademark if it “[c]onsists of or comprises a name, portrait, or signature identifying a particular individual except by his written consent….”

Registration 69

Registration Government Advertising Advertising 69