IP and Legal Filings

OCTOBER 30, 2023

Barbie, a name synonymous with an unattainable standard of femininity and the concept of commercial feminism, was designed to captivate the toy market with all its glittery pink magnificence. A straightforward pink sans-serif typeface was used for the 1959 original trademark registration.

Trademark 86

Trademark Branding Brands Branding 86

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

SpicyIP

MAY 10, 2023

Deputy Controller of Patent and Designs : Emphasis on a speaking order by the Controller The dispute pertained to Patent Application no. Deputy Controller of Patents and Designs , Auckland Uniservices Limited v. Assistant Controller of Patents and Designs , N.V. June 7, 2016) by citing new, previously unmentioned, grounds.

Trademark 126

Trademark Invention Patent Art 126

The TTABlog

AUGUST 30, 2023

Opposer claimed to own a family of MONSTER-formative marks, but it failed to prove the existence of a family of MONSTER marks prior to SS Vape’s July 2016 date of first use. The Board has long recognized that the 'Internet is such a pervasive medium that virtually everything is advertised and sold through the Internet.'" Opposition No.

Designs 57

Designs Design Branding Brands 57

The IPKat

JUNE 6, 2022

CIVC also argued that GB is taking unfair advantage of the reputation of the PDO “Champagne”, and asked the court to order GB to cease use of all logos and advertisement documents with “Champanillo” sign, to cancel the registration for the domain name “champanillo.es” and close all social media accounts with this name.

Social Media 128

Social Media Advertising Advertising Designs 128

The TTABlog

OCTOBER 3, 2022

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. ARSA Distributing, Inc. Salud Natural Mexicana S.A.

Ownership 40

Ownership Litigation Registration Business 40

Plagiarism Today

OCTOBER 26, 2021

Wtf is a juice demon pic.twitter.com/OxYMWEuoCq — Eli Matthewson (@EliMatthewson) October 1, 2016. First, design elements that are “physically or conceptually separate” from the article can be protected. However, one of the areas that is generally less talked about is copyright’s impact on Halloween costumes.

Copyright 242

Copyright Trademark Cease and Desist Copying 242

SpicyIP

MARCH 13, 2023

Controller of Patents and Designs: Revisting the CRI Guidelines and Ferid Allani Patentability of Computer Related Inventions (CRI) in India has popped up again! SpicyIP intern Sukarm Sharma discusses this ongoing dispute, in light of the CRI 2016 guidelines and the Ferid Allani order. Microsoft v.

Intellectual Property Law 119

Intellectual Property Law Intellectual Property Trademark IP 119

LexBlog IP

SEPTEMBER 15, 2021

the UGG mark or designation, or any reproduction, counterfeit, copy, or colorable imitation thereof, in any manner and in any format, case or spelling, on or in connection with the sale, offering for sale, distribution, or advertising of any product in the United States or its territories.” Background.

Trademark 52

Trademark Registration Branding Brands 52

azrights

MARCH 15, 2021

A distinctive asset such as the Nike Swoosh would have been capable of registration as a trademark as soon as the design was created. Even if your advertising budget is tiny, you can confidently build up recognition to such an asset because you have powerful rights available to you to fend off copyists.

Branding 52

Branding Brands Branding Trademark 52

The IPKat

FEBRUARY 23, 2023

In 2013, Cadbury’s registration for Pantone 2685C was held invalid because its description rendered it void for lack of certainty. An appeal in 2018 failed to dodge this finding by trying to argue that the registration was a series of marks (see Volume 5 ). On appeal, Meade J disagreed and upheld the registration.

Registration 76

Registration Advertising Advertising Law 76

LexBlog IP

FEBRUARY 9, 2022

Applicant’s POTIFY platform is designed to permit legal marijuana dispensaries to market and sell their products, including via mobile applications and websites. The incontestable Registration is not based on a claim of acquired distinctiveness. Spotify AB , 2022 USPQ2D 37 at *13–14. Spotify AB , 2022 USPQ2D 37 at *7.

Television 40

Television Music Advertising Advertising 40

43(B)log

FEBRUARY 24, 2024

Other examples: design patent, as Sarah Burstein has writte n. We know that automated systems designed to flag infringements get lots of false positives b/c they can’t recognize fair use; may also be false negatives, though that’s not the focus. NYU Press, 2016). The judge isn’t hearing that they’re not counterfeiters.

Fair Use 45

Fair Use Branding Brands Branding 45

LexBlog IP

JULY 8, 2021

44(e) – Foreign registration exists for the same goods/services”. Section 44(d) and Section 44(e) involve foreign applications/registrations filed in the US. Second, if your trademark Intent-to-Use application succeeds to registration, it will provide protection retroactively. Zazu Designs v. 1051(b) ; see also 37 C.F.R.

Trademark 52

Trademark Registration Web Development Advertising 52

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 117

Advertising Advertising Business Reporting 117

43(B)log

FEBRUARY 21, 2024

16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. WCT’s app was first released in 2014 for the iPhone and Pebble watch as a metric-tracking cycling app that was designed to “track speed, distance, altitude, and grade.” World Champ Tech LLC v. Peloton Interactive, Inc.,

Marketing 59

Marketing Marketing Trademark Branding 59

The IPKat

MARCH 25, 2024

Background On 8 September 2015, BIW Invest AG (‘BIW’) applied for registration of EU trade mark no. On 27 June 2016, BIW filed another application for EU trade mark no. The evidence submitted by New Yorker did not show that a significant part of the public knew Compton at the filing dates in 2015 and 2016.

Music 107

Music Cinema Designs Design 107

IIPRD

FEBRUARY 23, 2021

The Department for Promotion of Industry & Internal Trade (Formerly, Department of Industrial Policy & Promotion) which is the nodal department of IPR, introduced a National IPR Policy in 2016. 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

SpicyIP

FEBRUARY 20, 2023

Delhi High Court cancels registration to ‘VNow’ mark for being deceptively similar to Bennet Coleman’s ‘Now’ family of marks. Delhi High Court reiterates that the counterclaim for revocation of design is maintainable before the High Court. Delhi High Court clarifies application of Section 15(1)(b) of the Designs Act.

Registration 105

Registration Designs Design Trademark 105

LexBlog IP

JULY 21, 2021

It outlines trends, data and legal rights pertaining to patents, trade marks, designs, plant breeder rights ( PBR ) and copyright. Design certifications remained generally stable (with a small decrease) in 2020. Applications and Registrations. Class 35 Advertising (14 370) +3. Trade Marks. classes per application).

Reporting 52

Reporting IP Patent Application Registration 52

43(B)log

FEBRUARY 24, 2023

Session 1: Identifying and Explaining Anachronisms Introduction: Mark McKenna: Every year, a TM exam could be written differently: one a very conventional exam question with Company A using one mark and Company B using a similar mark/similar goods, conventional walk through confusion factors in the way the test was designed to deal with.

Trademark 49

Trademark Branding Brands Branding 49

LexBlog IP

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. ” [1] The best part about a copyright is that its registration is typically inexpensive and straightforward. ” [8]. .”

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

Above the Fold

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. 1] The best part about a copyright is that its registration is typically inexpensive and straightforward. The reviewal process for the U.S.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

SpicyIP

OCTOBER 16, 2023

The court held that the defendant’s advertising falls under the ambit of permissible comparative advertising, rejecting the plaintiff’s claims and emphasized on a competitor’s right to prevent disparagement while allowing reasonable product promotion. Tejaswini writes on this development. Image from here Raytheon Company v.

Due Diligence 59

Due Diligence Invention IP Copyright 59

LexBlog IP

JULY 21, 2021

It can also mean as the proxy or substitute holder of rights here on earth because no spiritual being will receive a copyright certificate, trademark registrations, or letters patent. courts have denied registration to religious marks as being offensive to other believers or to non-believers. places the value of faith to U.S.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

43(B)log

DECEMBER 20, 2022

Plaintiffs allegedly used the 12 O’Clock Boyz trademarks since 2001 and registered the marks in 2016. In addition, the design of the title of the 2013 Documentary was allegedly similar to plaintiffs’ registered 12 O’Clock Boyz logo. Trademark etc. Lanham Act claims based on common-law rights were barred by laches.

Fair Use 52

Fair Use Trademark Copyright Editing 52

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

JUNE 21, 2023

So watch the docket to see how this case plays out, and to see how it impacts the concept of the registration of historic figure trademarks. As the holiday approached this year, it seemed the term “Juneteenth” was everywhere – in broadcast and local media, in advertisements and on social media.

Registration 52

Registration Trademark Trademark Law Law 52

Technology & Marketing Law Blog

JULY 17, 2023

2016), the plaintiff had no trademark rights in Canada where all of the allegedly infringing and/or diluting activity took place. Under §1114 (1)(a), liability hinges on both use in commerce and one of the following activities: The “sale, offering for sale, distribution, or advertising of any goods or services.” Hallatt (9th Cir.

Trademark 68

Trademark Blogging Litigation Law 68

IP Whiteboard

NOVEMBER 19, 2020

In Australia, Manolo Blahnik owns a number of trade mark registrations including: Reg No. 17 Oct 2016. Between 1997 and 2016, “MANOLO BLAHNIK” branded products were sold to a number of Australian retailers including Myer and David Jones by a Hong Kong based distributor either directly or via third parties. Trade mark.

Branding 52

Branding Brands Branding Designs 52

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. Not all innovations are good or desirable: innovative advertising may target consumers in vulnerable positions; innovative branding can be employed for discriminatory/racist ad targeting.

Trademark 72

Trademark Copyright Branding Brands 72