The IPKat

AUGUST 4, 2023

The IPKat has received and is pleased to host the following contribution by former GuestKat Jan Jacobi (BarentsKrans) regarding a recent Dutch decision on free riding and declining reputation of a brand. Quite often, the IP of a bankrupt company is sold to a third party who continues operating all or some of the brands.

Branding 52

Branding Brands Branding Marketing 52

The TTABlog

DECEMBER 27, 2021

In an otherwise straightforward Section 2(d) analysis, the Board ruled that confusion is likely between Respondent's registered marks MIRAGE BRANDS (standard form) and MIRAGE BRANDS & Design [BRANDS disclaimed], and Petitioner Mahender Sabhnani's previously used and registered mark ROYAL MIRAGE & Design , all for perfume.

Branding 52

Branding Brands Branding Registration 52

JIPEL Copyright Blog

APRIL 26, 2021

How does an influencer and fashion designer become so despised? Danielle Bernstein is a 28-year-old New York City influencer and founder of the brand We Wore What (“WWW”). Bernstein responded by filing a suit for declaratory judgment , essentially asking the court to rule that WWW’s silhouette design did not infringe on TGE’s design.

Social Media 52

Social Media Copying Branding Brands 52

IPilogue

OCTOBER 26, 2022

French fashion brand Jean Paul Gaultier’s garments featuring Botticelli’s Birth of Venus are heading off the rack and to legal battle. In April 2022 , Uffizi sent a cease-and-desist in response to Jean Paul Gaultier’s current use of the Birth of Venus , but the fashion brand never replied and continued its unauthorized use. .

Social Media 120

Social Media Cease and Desist Public Domain Artwork 120

The TTABlog

DECEMBER 5, 2022

The Board sustained an opposition to registration of the mark DANA DESIGN in the form shown below, for backpacks, hiking equipment, tents, and related goods, on the ground that the mark comprises the name of a living individual, Dana Gleason, without his consent and is therefore barred from registration by Section 2(c) of the Trademark Act.

Designs 49

Designs Design Registration Trademark 49

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. ” In other words, it needs to be a colour that distinguishes and defines a certain brand, thereby revealing the brand’s identity.

Trademark 87

Trademark Branding Brands Branding 87

TorrentFreak

JUNE 22, 2023

Julius Bencko, Graphic Designer In the United States government’s superseding indictment dated February 16, 2012, Julius Bencko is described as a citizen and resident of Slovakia. A year later, Bencko was posting videos of car restorations under his Pixelhood brand, but showing no obvious concerns about his fate in the Megaupload case.

Graphic Design 141

Graphic Design Reporting Designs Design 141

The TTABlog

AUGUST 30, 2023

SS Vape Brands, Inc. 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. Applicant Vape SS has been using its mark since 2016 and selling nationwide since 2019, and is "No. Monster Energy Company v.

Designs 59

Designs Design Branding Brands 59

IP and Legal Filings

MAY 19, 2022

One of them is the Startup India Action plan 2016 which is a flagship program of the Indian government aimed at creating a robust ecosystem for incubating innovation and startups in the country, resulting in prolonged economic growth and large-scale employment generation. This will aid them in cutting costs throughout the early years.

Trademark 52

Trademark Government Branding Brands 52

Indiana Intellectual Property Law

JUNE 23, 2022

6,376,399 with the USPTO on June 8, 2021 alleging they began using the mark as early as September 2016. According to the Complaint, NuStar learned that Bill Omar Carrasquillo, a rapper and YouTube celebrity known as “ Omi in a Hellcat ,” intended to start an apparel company under the brand name RELOADED. 1114 , N.J. Stat § 56:3-13.16

Trademark 52

Trademark Registration Designs Design 52

Patently-O

OCTOBER 12, 2023

The recessed design keeps the pump partially hidden and out of the way when not in use. This product has been a huge seller via brands such as Intex, Bestway, Boyd, Airtek, Air Cloud, Air Comfort, AirBedz, Altimair, Pittman, and TexSport. 2016) (en banc). The key prior art references in the case are U.S. See WBIP, LLC v.

Patent 69

Patent Invention Art Designs 69

IPilogue

AUGUST 26, 2021

On July 26, 2021, the fashion brand ‘Fear of God’ publicized that they had filed a trademark and counterfeit lawsuit in Illinois in early July against several e-commerce sites operating in China. million worth of fake goods in 2016. Photo by Negative Space (Pexels).

Web Design 106

Web Design Branding Brands Branding 106

43(B)log

JULY 3, 2023

Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products. T]he one showed in the application is not mine.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

IP and Legal Filings

MARCH 1, 2022

A shoe company called Masai Barefoot Technology as well used Maasai iconography while launching their brand. Corporate giants like Louis Vuitton, Calvin Klein and Ralph Lauren, on the other hand, blatantly and unfairly used in their clothing collection the exact patterns and designs that are unique to the Maasai community.

Intellectual Property 70

Intellectual Property Branding Brands Branding 70

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 IP Law Blog

FEBRUARY 3, 2022

In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” This protected designation was superseded by adoption of the Protected Designation of Origin (“PDO”) for GRUYÈRE in 2001.

Designs 52

Designs Design Trademark Branding 52

The IPKat

APRIL 22, 2023

Over the past few years, The IPKat has hosted a number of posts on the lengthy Danish saga relating to protection and infringement of copyright in pottery created by designer Anne Black. Now, the final word seems to have been spoken, as Katfriends Hanne Kirk and Charlotte Mittet Høfler (both Gorrissen Federspiel) report.

Copyright 57

Copyright Designs Design Copyright Infringement 57

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. They are part fashion, part artwork, part branding and part character. However, there are two key exceptions to this.

Copyright 233

Copyright Trademark Cease and Desist Copying 233

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 22, 2021

The letters cites as an example that pharmaceutical companies create “patent thickets” comprising “dozens of questionable, back-to-back patents,” or engage in “product hopping” by transitioning from one branded drug to another very similar drug with a longer patent life. Fintiv, Inc.

Patent 52

Patent Designs Design Marketing 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., However, on 7 May 2021, the U.S.

Trademark 52

Trademark Registration Branding Brands 52

Technology & Marketing Law Blog

JANUARY 3, 2023

” However, Wallshoppe does not allege Defendant knew of the specific acts of infringement at issue here—Sienna Lewis selling products featuring the Palm Design on Defendant’s website. Buzzfeed’s use of screenshots, which include all the elements of the Post, such as the Instagram branding and Ms. Buzzfeed, Inc.

Copyright 91

Copyright Social Media Copyright Infringement Publishing 91

IP and Legal Filings

OCTOBER 23, 2023

The issue of counterfeiting not only compromises a brand’s reputation or brand value, but also puts consumer safety at risk by allowing the sale and uninformed purchase of sub-standard goods. The defendant was “Darveys.com”, it was a “luxury brand marketplace” [6]. 8] (CS (COMM) 980/2016. [9] 344/2018]. [6]

Marketing 87

Marketing Marketing Trademark Registration 87

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. Other examples: design patent, as Sarah Burstein has writte n. NYU Press, 2016). Human desire for TMs? Enshittification is real.

Fair Use 45

Fair Use Branding Brands Branding 45

LexBlog IP

FEBRUARY 3, 2022

In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” The test turns upon the primary significance that the term would have to the relevant public.

Designs 40

Designs Design Branding Brands 40

Patently-O

SEPTEMBER 28, 2021

1923 (2016). ” Quoting Eko Brands, LLC v. It also adds further to the complexity of Federal Circuit doctrine on enhanced damages — despite the Supreme Court’s warning against an “unduly rigid” approach in Halo Elecs., Pulse Elecs., The jury also found the infringement willful. 3d 1367 (Fed.

Litigation 75

Litigation Branding Brands Branding 75

The TTABlog

APRIL 6, 2022

Illyrian Import claimed to be the exclusive authorized distributor and brand agent of a company ("GKS") that continuously sold GJERGJ KASTRIOTI SKËNDERBEU and SKËNDERBEU brandy in the United States since 2002. Illyrian began distributing the products in 2016 and established a first use date of July 31, 2016.

Ownership 52

Ownership Registration Trademark Contracts 52

Technology & Marketing Law Blog

OCTOBER 28, 2023

In 2016, Congress enacted the Defend Trade Secret Act (DTSA). Among other provisions, it created a brand-new remedy, the ex parte seizure order, that allows trade secret owners to grab allegedly stolen trade secret items before they are spirited away from judicial process.

Litigation 78

Litigation Blogging Confidentiality Patent 78

SpicyIP

NOVEMBER 17, 2023

About the Course Designed primarily to cater to the entrepreneurial zeal of engineering and management students, this one and a half-day program provides an invaluable foundation in the principles, practices, and significance of IPR to entrepreneurship and start-up enthusiasts.

Intellectual Property 105

Intellectual Property Technology IP Registration 105

TorrentFreak

DECEMBER 21, 2021

soap2day.video: This site has familiar branding which has probably contributed to its success but from 28 million visits per month in August, now enjoys ‘just’ 13 million. The movie and TV show portal describes itself as “not technically a legal site” on its main page but that doesn’t seem to act as a deterrent.

Copyright 141

Copyright Copying Copyright Infringement Branding 141

Corsearch

FEBRUARY 28, 2024

With the challenges posed by name saturation and the reduced availability of work marks, industrial designs are increasingly important within intellectual property strategies. When people think about designs they typically think of patents, but the world of protecting designs is far more extensive than that.

Registration 59

Registration Designs Design Intellectual Property 59

LexBlog IP

DECEMBER 7, 2022

2,” and generally mimics the black and white design of the label and the square shape of the bottle: Previous decisions in the case have held that the design is a clear parody and therefore does not infringe the Jack Daniel’s trademark and/or trade dress rights. Constellation Brands, Inc., 7” with “Bad Spaniels The Old No.

Trademark 52

Trademark Intellectual Property Designs Design 52

TorrentFreak

MAY 17, 2022

The DMCA also makes it unlawful to manufacture, import, provide or otherwise traffic in any technology, product, service, device, component, or part thereof, that is “primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner.”

Copying 116

Copying Social Media Licensing Technology 116

Technology & Marketing Law Blog

FEBRUARY 27, 2022

TPG is a service built around the brand of a world-traveling man sipping champagne in first class, selling to the world his knowledge of the best rewards programs for credit cards and flights. dispute back in the Ninth Circuit in 2016. False Designation of Origin 9. This case hearkens back to the pre- hiQ Labs Facebook v.

Cease and Desist 120

Cease and Desist Blogging Contracts Social Media 120

Patently-O

AUGUST 24, 2023

In 2020, Brunswick launched a competing product under its Mercury brand and, on the same day as its product launch also filed an IPR petition challenging Volvo’s US Patent 9,630,692. 2016)(same). Nexus can be established via a presumption when the evidence is tied to a product that embodies and is coextensive with the claims.

Invention 52

Invention Copying Art Designs 52

The IPKat

DECEMBER 23, 2022

In 2016, the Government of Iceland (the cancellation applicant) - through the Ministry for Foreign Affairs and Business Iceland – filed an application for cancellation of the word mark "ICELAND" under Article 59 (1) (a) EUTMR in conjunction with Article 7(1)(b), (c) and (g) EUTMR. In 2002, the company applied to register the EUTM No.

Designs 52

Designs Design Registration Government 52

The IPKat

MARCH 27, 2022

One of these brands that has popped up on the AmeriKat's Instagram are riding boots from Fairfox & Favor. A very popular design of one of these boots is based on a traditional Spanish riding boot - the Regina boot or Heeled Regina - which looks like the below (and for a closer look click here ).

Designs 52

Designs Design Copying Art 52