The IPKat

NOVEMBER 24, 2022

In 2016, the trade marks rights were transferred to a Hong Kong-based company, Super Union Holdings Ltd. Several of the recipient companies filed actions with the DPMA to invalidate the registration. The DPMA cancelled the registration of “Black Friday” due to lack of distinctiveness. 8(2)(2)), and bad faith (Sec.

Registration 117

Registration Advertising Advertising Art 117

IP and Legal Filings

MARCH 29, 2024

This urgency led to the enactment of Real Estate Regulatory Authority Act in 2016 with only 67 out of 90 sections notified at that time. The act also talks about registration of real estate agents and talks about the functions and role of agents. All the rest sections were notified in 2017 and the act came into force from that time.

Registration 52

Registration Government Advertising Advertising 52

Patently-O

JULY 19, 2023

Trademarks and trade secrets followed a different path – developing under state common law before later later gaining federal protections; with trade secrets moving federal most recently via the Defend Trade Secrets Act (DTSA) of 2016. It is common for litigation to assert both.

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

TorrentFreak

MARCH 28, 2024

“Beginning in 2016 and continuing through 2019, Freemon sold illegally modified Fire TV Stick devices. At the time, these devices were sold through firesticksloaded.com and firesticksloaded.biz, and Freemon was listed as the registrant for the latter domain.

Copyright Infringement 98

Copyright Infringement Copyright Business Copyright Law 98

The TTABlog

OCTOBER 3, 2022

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 2016 it petitioned the Mexican Institute of Industrial Property ("IMPI") for administrative statements of infringement against ARSA's label and syrup suppliers. ARSA Distributing, Inc.

Ownership 40

Ownership Litigation Registration Business 40

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

IP and Legal Filings

OCTOBER 30, 2023

A straightforward pink sans-serif typeface was used for the 1959 original trademark registration. More than 1,000 Barbie trademark registrations are held by Mattel worldwide, covering a wide range of products and services in addition to its primary toy line.

Trademark 83

Trademark Branding Brands Branding 83

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 239

Trademark Copyright Cease and Desist Copying 239

IPilogue

OCTOBER 6, 2021

Since 2016, the City of Munich has put forward applications to trademark the term; and ever since 2016, their applications have been rejected. The EUIPO allowed Munich to trademark Oktoberfest under twenty-two product classes including, most importantly, tourism advertising.

Trademark 59

Trademark Intellectual Property Advertising Advertising 59

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. 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

SpicyIP

APRIL 15, 2024

In an important development from the seldom discussed area of plant varieties, the DHC set aside the PV Registry’s order rejecting the breeder’s application for interim reliefs before the variety’s registration. The plaintiff alleged that the defendant was using identical marks and were selling counterfeit goods.

Fair Use 59

Fair Use Licensing Trademark Patent Application 59

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

IP and Legal Filings

AUGUST 14, 2023

The theory of Territoriality states that since disputes relating to the registration and validity of intellectual property rights are typically considered to fall under the exclusive jurisdiction of the State in which such registration was applied for, the choice of law should favour that State. Will there be no remedy at all?

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

LexBlog IP

DECEMBER 21, 2021

The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce. million registrations. [1]

Trademark 40

Trademark Registration Intellectual Property Litigation 40

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

SpicyIP

MAY 10, 2023

June 7, 2016) by citing new, previously unmentioned, grounds. 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

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 62

Registration Trademark Trademark Law Marketing 62

SpicyIP

NOVEMBER 2, 2021

For the benefit of the reader, the diagram taken from the Trademark registry’s portal describe the entire workflow of an application from filing to its registration. Accepted & Advertised. Advertised before acceptance. The Dataset. The dataset consisted of 309,189 marks in total. Exam Report Issued. Rectification Filed.

Reporting 126

Reporting Trademark Advertising Advertising 126

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

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 TTABlog

MARCH 17, 2022

In 2009, Viacom let lapse its registration for DOUBLE DARE for production and distribution of a children's game show. Armstrong Interactive, Inc. 91243941 (March 11, 2022) [not precedential] (Opinion by Judge David K. Opposer Viacom first aired a game show called DOUBLE DARE in 1986 but ceased airing new episodes in 2000. Reruns followed.

Television 78

Television Social Media Trademark Registration 78

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

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

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

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

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) The incontestable Registration is not based on a claim of acquired distinctiveness. Spotify AB , 2022 USPQ2D 37 at *13–14.

Television 40

Television Music Advertising Advertising 40

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. Only then does Google need to take action against the advertisement and not otherwise. Also, check Joff Wild on the Allegations Against Indian Patent Office.

Trademark 59

Trademark Publishing Journalism Copyright 59

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

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

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

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

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. A “Smart” product is a data processing object, which has several interactive functions. 2035???????

Design Patent 57

Design Patent Designs Design Patent 57

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

SpicyIP

DECEMBER 20, 2023

He also discussed the ‘license of rights’ system for GM patents in light of “Licensing and Formats for GM Technology Agreements Guidelines, 2016” (see also ). In 2014, the Bombay High Court restrained the singer Mika Singh and the recording label OCP Music from publishing an advertisement that impinged Sonu’s personality rights.

Personality Rights 59

Personality Rights IP Licensing Copyright 59