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

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 48

Designs Design Registration Trademark 48

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 85

Trademark Branding Brands Branding 85

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.

Trademark 52

Trademark Government Branding Brands 52

Indiana Intellectual Property Law

JUNE 23, 2022

Merrillville, Indiana – Plaintiff, NuStar Enterprises LLC (“NuStar”), is a clothing and apparel company that markets and sells clothing and apparel and related accessories. 6,376,399 with the USPTO on June 8, 2021 alleging they began using the mark as early as September 2016. These efforts fell apart in late 2019. 1114 , N.J.

Trademark 52

Trademark Registration Designs Design 52

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

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. That both parties market and sell their products through the Internet is unpersuasive. Monster Energy Company v. Opposition No.

Designs 57

Designs Design Branding Brands 57

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. With all things moving virtually, we are starting to see new strategies for the counterfeit market. million worth of fake goods in 2016.

Web Design 106

Web Design Branding Brands Branding 106

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 244

Copyright Trademark Cease and Desist Copying 244

LexBlog IP

SEPTEMBER 22, 2021

As described in the letter, some pharmaceutical companies engage in anti-competitive patent practices that artificially extend the manufacturer’s monopoly on a drug, prevent competitors from entering the market, and drive up the cost of drugs. Fintiv, Inc. IPR2020-00019, Paper 11 (PTAB Mar.

Patent 52

Patent Designs Design Marketing 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

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

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

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?

Fair Use 45

Fair Use Branding Brands Branding 45

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

43(B)log

FEBRUARY 21, 2024

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.” But the app was not updated after 2016 and was removed from WCT’s website. Peloton’s core brand is Peloton. million lines of code,” or about 1,500 lines per day.

Marketing 59

Marketing Marketing Trademark Branding 59

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. ADOL owns a U.S.

Ownership 52

Ownership Registration Trademark Contracts 52

IPilogue

SEPTEMBER 16, 2021

“That which we call a rose by any other name would smell as sweet” … but would that which we call a brand by any other name be as hype? Founded in 2016, Los Angeles-based streetwear brand formerly known as Chinatown Market offers everything you’d need to fit in on Fairfax Avenue. Photo from Market.

Marketing 106

Marketing Marketing Branding Brands 106

TorrentFreak

MAY 17, 2022

Aside from living up to the significant functional claims in its marketing, the big questions revolve around legality. ” Given the clarity, there’s no real need to highlight why a tool designed to circumvent DRM and make unlicensed copies likely falls foul of the above, even given the existence of a lengthy disclaimer. .”

Copying 116

Copying Social Media Licensing Technology 116

IP and Legal Filings

FEBRUARY 2, 2024

Bhole Baba Milk Food Industries Ltd [8] , The Parul food Pvt ltd, sold ghee under the brand “Parul’s Lord Krishna,” which featured Krishna printed in a huge font, whereas the Appellant sold dairy products under the name “KRISHNA.” DB) [9] AIR 2016 SC 461 [10] MANU/MH/1859/2017 [11] W.P.(C).

Trademark Law 89

Trademark Law Trademark Law Service Mark 89

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

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

Intepat

MAY 8, 2023

It is a decade-long dispute between the countries for claiming the geographical indication of Basmati in the European markets. The GI recognition enables consumers to trust and distinguish quality products while also helping producers to market their products better. What is a Geographical Indication?

Marketing 52

Marketing Marketing Government Intellectual Property 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

IIPRD

FEBRUARY 23, 2021

Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention. The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. Objective 5.11.1

IP 40

IP Intellectual Property Branding Brands 40

Technology & Marketing Law Blog

MARCH 10, 2022

The analogous non-digital conduct would be to take a photograph of a crowd inside La Baguette with the caption “La Baguette, Christmas party 2016,” erase “La Baguette,” write-in “Tito & Tita,” and keep the photograph on the wall where customers can see it. Steps Brand Owners Can Take to Deal With Brandjacking on Social Networks.

Social Media 79

Social Media Contracts Ownership Business 79

IIPRD

JANUARY 23, 2023

It further expanded its domain as a manufacturer by establishing a market for its self-made products such as kindle for e-book services, audiobook and ‘cloud computing’ web storage services. Williams-Sonoma commented that Amazon’s own product line “Rivet” has infringed patents of furniture designs. [3] LEXIS 111933 & 2016 U.S.

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

LexBlog IP

NOVEMBER 29, 2022

Hetronic, a manufacturer of radio remote controls for heavy duty construction equipment, sued its former distributor Abitron for trademark infringement as Abitron continued to use the Hetronic trademark to market and sell Abitron’s own remote controls after the distribution agreement was terminated. Hetronic International, Inc.,

Trademark 52

Trademark Law Branding Brands 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings.

Settlement 52

Settlement Litigation Marketing Marketing 52

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. ” Opposer’s SPOTIFY brand is so strong that it has been ranked among the “best” or most “relevant” in the United States and beyond.

Television 40

Television Music Advertising Advertising 40

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 110

Blogging Trademark Branding Brands 110

IIPRD

SEPTEMBER 17, 2021

These items have restricted production and remain in the market only for a short duration of time. They almost never re-enter the market again. This creates scarcity of the product in the market. Basic principles of economics dictate that when a product is scarce in nature, its demand in the market tends to increase.

Editing 52

Editing IP Artistic Work Designs 52

43(B)log

MARCH 20, 2023

In 2016, the FDA removed the statement about worse clinical outcomes from the boxed warning and just warned about “diminished antiplatelet effect.” Preemption only applies when there is “clear evidence that the FDA would not have approved a change to [the brand name drug’s] label” required by state law. This one didn’t.

Law 45

Law Advertising Advertising Journalism 45

Kashishipr

MAY 11, 2022

A trademark refers to a recognizable expression, design, or sign uniquely identifying the products or services of a specific source and differentiating them from those of others. It also encourages safeguarding the interests of the traders and consumers in the market.

Trademark Law 105

Trademark Law Trademark Law Branding 105

Patently-O

SEPTEMBER 13, 2021

In 2005 HTC released the world’s first Windows 3G smartphone (the clamshell HTC Universal) and followed in 2008 with the first smartphone running Google’s Android operating system (branded as the T-Mobile G1). In 2016, HTC and Ericsson began negotiations to renew the license. Ericsson proposed a rate of $2.50 Contreras & Michael A.

Licensing 54

Licensing Contracts Patent Law Law 54