Kashishipr

AUGUST 18, 2021

Therefore, the adoption of a series of marks to commercially market goods and services would not suffice the creation of a family of marks. 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.

Trademark 105

Trademark Registration Branding Brands 105

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. 3) Examination of the application- Per the Trademarks Act 2016, the government authorities issue an examiner.

Trademark 75

Trademark Service Mark Registration Registering Trademarks 75

The IPKat

JUNE 11, 2022

However, upon further examination, it appears that the outcome was to be expected, given that revocation proceedings were based on a lack of genuine use of the mark between 2011 and 2016. from 14 October 2011 to 13 October 2016). Trying to follow Apple's words of wisdom.

Advertising 97

Advertising Advertising Reporting Branding 97

Plagiarism Today

OCTOBER 26, 2021

Wtf is a juice demon pic.twitter.com/OxYMWEuoCq — Eli Matthewson (@EliMatthewson) October 1, 2016. The name Beetlejuice, for example, has multiple registered trademarks related to it including registration number 4863369, which covers the use in “Clothing for men, women and children…”.

Trademark 241

Trademark Copyright Cease and Desist Copying 241

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 85

Trademark Branding Brands Branding 85

The IPKat

AUGUST 8, 2021

Registration was obtained in March 2018 by decision of the Opposition Division following an unsuccessful opposition filed by Aeroporto di Villanova d’Albenga SpA (Riviera-Airport) (the applicant), which was named Aeroporto Villanova d’Albenga SpA at the time of the opposition. azacilik Tekstil Sanayi ve Ticaret v EUIPO (C?104/18 104/18 P) ).

Cease and Desist 128

Cease and Desist Registration Business Marketing 128

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. That both parties market and sell their products through the Internet is unpersuasive. SS Vape Brands, Inc. 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

SpicyIP

MARCH 13, 2023

SpicyIP intern Sukarm Sharma discusses this ongoing dispute, in light of the CRI 2016 guidelines and the Ferid Allani order. Upon ensuring that the responses to both questions are negative, the court set aside the impugned order and directed to advertise the subject mark. Call for Papers: NUALS Intellectual Property Law Review (Vol.

Intellectual Property Law 119

Intellectual Property Law Intellectual Property Trademark IP 119

SpicyIP

FEBRUARY 20, 2023

Delhi High Court cancels registration to ‘VNow’ mark for being deceptively similar to Bennet Coleman’s ‘Now’ family of marks. To this, the plaintiff responded that it had filed a rectification petition before the IPAB in 2016, in which defects were raised by the IPAB in 2017. Case: Anubhav Jain vs Satish Kumar Jain & Anr.

Registration 105

Registration Designs Design Trademark 105

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

IP and Legal Filings

FEBRUARY 4, 2022

For almost a century, the Plaintiffs have been making and marketing Unani and Ayurvedic medicines, oils, syrups, and non-alcoholic beverages, among other things. ’ Plaintiffs claim that their original registration of their ‘RoohAfza’ was obtained in 1942 under Class 5 and that the registration is still valid today.

Registration 63

Registration Trademark Trademark Law Marketing 63

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

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

The TTABlog

JUNE 10, 2021

Ghiorse , 119 USPQ2d 1178, 1187 (TTAB 2016). The sales figures were modest and were not placed in context (market share), and the advertising figures lacked information as to the extent of exposure. We are constrained to resolve that doubt in favor of Applicant. The Board was not impressed. Chesapeake Marine Tours Inc.,

Advertising 52

Advertising Advertising Social Media Marketing 52

LexBlog IP

JULY 21, 2021

Applications and registrations for designs generally decreased compared to 2019, but certain classes of products pertinent to assisting with the COVID-19 outbreak, or entertainment in lockdown, saw a proportional increase. Applications and Registrations. Class 35 Advertising (14 370) +3. Trade Marks. classes per application).

Reporting 52

Reporting IP Patent Application Registration 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. This protects your underlying business because the trust that the market has in the Nike goods is what motivates them to buy the brand’s products. Getting trademark rights over shapes is not easy.

Branding 52

Branding Brands Branding Trademark 52

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

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. Spotify AB , 2022 USPQ2D 37 at *13–14. Users can search for music based on artist, album, or genre, and can create, edit, and share playlists. § 1125(c)(2)(A).

Television 40

Television Music Advertising Advertising 40

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

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. Read Yogesh’s assessment of the order. Humans of Bombay Stories Pvt.

Due Diligence 59

Due Diligence Invention IP Copyright 59

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. Marketing literature may show appropriate methods to evaluate trademark reputation, or potential harms or unfair advantages. Courts take that as a truism. Also innovation is ill defined.

Trademark 72

Trademark Copyright Branding Brands 72

SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients. The person was later convicted in 2016.

Trademark 59

Trademark Publishing Journalism Copyright 59

43(B)log

FEBRUARY 24, 2023

Collapse of separate body of unfair competition, but also old-fashioned ways of thinking what it means to use as a mark—a certain kind of way of expecting products to be introduced to the market, that is no longer reflective of lots of stuff that goes on, especially digitally. As Tushnet says, “TM law never gets less complicated.”

Trademark 49

Trademark Branding Brands Branding 49

43(B)log

FEBRUARY 24, 2024

Adjudicators need to hear about risks of overenforcement, overclaiming; defenses—he gets emails from sellers of used or grey market goods snared in a robotic search. Crystals and mud story about this: in many to many, an attractive case for more crystalline, bright line, formalist rules for cancelling registrations. NYU Press, 2016).

Fair Use 45

Fair Use Branding Brands Branding 45

Above the Fold

JULY 5, 2022

1] The best part about a copyright is that its registration is typically inexpensive and straightforward. The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. Scenario 2: Protecting Novel Designs by Patent. Peters , 488 F.3d

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

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. 1(b) – No use of mark yet, intending to use”. “44(d)

Trademark 52

Trademark Registration Web Development Advertising 52

LexBlog IP

JULY 5, 2022

” [1] The best part about a copyright is that its registration is typically inexpensive and straightforward. The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. Scenario 2: Protecting Novel Designs by Patent. ” [8].

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

IP Tech Blog

AUGUST 22, 2022

By using “Smart,” the application passed the formal test for registration. The Chinese government has in fact already adopted several polices to promote the VR industry in China since 2016. Metaverses, once introduced into the market, will no longer be patentable as designs due to lack of novelty. 2035???????

Design Patent 57

Design Patent Designs Design Patent 57

IIPRD

FEBRUARY 23, 2021

The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. 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.

IP 40

IP Intellectual Property Branding Brands 40

The IPKat

JUNE 23, 2022

In most trade mark cases waiting a little longer to see the Defendant off the market would not, in my view, cause the Claimant a huge additional loss. Those who think that securing a registration without encountering an opposition means you’re safe should think again! The judge was very much in the former camp.

Branding 73

Branding Brands Branding Litigation 73

Kashishipr

JUNE 9, 2021

The services are advertised on the idea that customers can store the files for offline usage, and that is a unique selling point of the service, and it thus is not incidental. It is an attempt to extend the statutory licensing to ‘internet broadcasters.’

Music 98

Music Licensing Television Copyright Infringement 98

43(B)log

DECEMBER 20, 2022

Plaintiffs allegedly used the 12 O’Clock Boyz trademarks since 2001 and registered the marks in 2016. But the 2013 Documentary was not a market substitute, because it was transformative of a small portion of the 2001 Documentary. “[I]t Trademark etc. Lanham Act claims based on common-law rights were barred by laches.

Fair Use 52

Fair Use Trademark Copyright Editing 52

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. provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. society at over $1 trillion annually.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

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

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 70

Trademark Blogging Litigation Law 70