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. However, on 7 May 2021, the U.S.

Trademark 52

Trademark Registration Branding Brands 52

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. Users can choose whether to accept licences or pursue alternative methods to lawfully copy works.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

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

IIPRD

JANUARY 23, 2023

Firstly, Direct infringement wherein a patented product can be literally copied element to element (Literal direct infringement) and equivalently copied with little to minimal changes not essentially affecting the effect of the product (Equivalent direct infringement). It is also generally available to Amazon Brand Registry.

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

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

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

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. Also, by the end of 2016, WCT hadn’t paid taxes since 2015 and its certificate of incorporation was therefore suspended. World Champ Tech LLC v.

Marketing 59

Marketing Marketing Trademark Branding 59

Technology & Marketing Law Blog

DECEMBER 11, 2023

MSCHF has frequently targeted major brands. 2016), aff’d , 674 F. 2016)) traded on the goodwill of Louis Vuitton; it is what made them attractive products. At this point the Second Circuit baldly states “MSCHF used Vans’ trademarks—particularly its red and white logo—to brand its own products.” 3d 252 (4th Cir.

Blogging 114

Blogging Trademark Branding Brands 114

LexBlog IP

JULY 5, 2022

” [1] The best part about a copyright is that its registration is typically inexpensive and straightforward. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] § 102(a); see also Pride Family Brands, Inc. §§ 302. [3] 5] Home Design Servs.,

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

Above the Fold

JULY 5, 2022

1] The best part about a copyright is that its registration is typically inexpensive and straightforward. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] 102(a); see also Pride Family Brands, Inc. 5] Home Design Servs., Turner Heritage Homes Inc.,

Intellectual Property 40

Intellectual Property Design Patent Designs Design 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

IIPRD

JUNE 8, 2024

Fundamentals concerning this trend’s effects on consumer perceptions, intellectual property rights, and brand integrity are brought up. Although they provide more affordable options, knockoffs and counterfeiting present a problem for luxury brands and designers who want to safeguard their creative investments.

Intellectual Property 52

Intellectual Property Designs Design Branding 52

43(B)log

AUGUST 11, 2021

Courts don’t do really prong one beyond assessing access (not independently assessing copying). 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.

Trademark 72

Trademark Copyright Branding Brands 72