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

The IPKat

DECEMBER 21, 2023

Those machines have been imported into the UK for distribution and sale since June 2013, and marketed using the acronym ICE and the following logo: Both the Claimant and the First Defendant have trade mark registrations in the United Kingdom.

Registration 67

Registration Intellectual Property Designs Design 67

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. NuStar was granted a registration for its mark RELOADED® under Registration No. 1114 , N.J. Stat § 56:3-13.16 1125 and IC 27-4.

Trademark 52

Trademark Registration Designs Design 52

The IPKat

JULY 4, 2021

Registration is available here. The event is free of charge, and registration is available here. Participation is possible both on-site and online and registration is taken here. Other WIPO, Ministry of Economy of Ukraine and the Ukrainian IPO have opened registration for the Ukraine Summer School on Intellectual Property.

Intellectual Property 70

Intellectual Property Journalism Social Media Intellectual Property Law 70

The IPKat

SEPTEMBER 25, 2023

Pursuant to Article 58(1)(a) of Regulation 2017/1001 (EUTMR), a trade mark which has not been put to genuine use by its holder within five years after its registration may be liable to revocation unless there are valid reasons for its non-use.

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Fair Use Registration Designs Design 117

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. In 2016, the Latinfood website contained the phrase “We have products from” followed by marks of imported brands, among which was an image of Industria’s Zenú mark.

False Advertising 59

False Advertising Advertising Advertising Registration 59

LexBlog IP

MAY 12, 2023

In 2016, National Concession Group, Inc. 87168058) and this stylized drop design mark (Serial No. Alternatively, NCG argued that even if it is considered paraphernalia under the CSA, the item was lawful under Colorado state law and registration was proper under Sections 863(f)(1) and 863(f)(2) of the CSA. § 1051 (a)(1)).

Trademark 52

Trademark Registration Designs Design 52

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

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

TorrentFreak

APRIL 12, 2022

In a complaint filed this month in an Indiana court, clothing and apparel company NuStar Enterprises LLC states that since September 2016, it has continually used the ‘Reloaded’ trademark in commerce. Trademark Registration No. “To protect its rights in the RELOADED trademark NuStar obtained and owns U.S. .

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Branding Brands Branding Trademark 123

The IPKat

FEBRUARY 20, 2024

Among other products, CeramTec markets a pink-coloured hip-replacement implant. The patent, which included France among the designated states, expired on 5 August 2021. In 2016, the EUTM court sided with Coorstek and invalidated the three EUTMs. Coorstek’s counterclaim was essentially based on Art.

Art 67

Art Registration Registering Trademarks Intellectual Property 67

The TTABlog

APRIL 28, 2022

The Board dismissed Kate Spade LLC's opposition to registration of the mark WOLV & Design (shown below left) for watches, finding the mark to be too dissimilar to the KATE SPADE word mark and the "spade logo" mark (below right) to support opposer's Section 2(d) likelihood-of-confusion and its Section 43(c) dilution-by-blurring claims.

Designs 68

Designs Design Social Media Registration 68

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.

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Registration Designs Design Intellectual Property 59

The TTABlog

APRIL 6, 2022

Applicant ADOL sought registration of the marks SKËNDERBEU and GJERGJ KASTRIOTI SKËNDERBEU (Stylized) for "beverages from wine distillates, namely, brandy and grape brandy." Illyrian began distributing the products in 2016 and established a first use date of July 31, 2016. See Moreno v. Pro Boxing Supplies, Inc.,

Ownership 52

Ownership Registration Trademark Contracts 52

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. "The SS Vape Brands, Inc. Opposition No. TTABlogged here. Welch 2023.

Designs 57

Designs Design Branding Brands 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. However, one of the areas that is generally less talked about is copyright’s impact on Halloween costumes.

Copyright 244

Copyright Trademark Cease and Desist Copying 244

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

SpicyIP

MARCH 13, 2023

Controller of Patents and Designs: Revisting the CRI Guidelines and Ferid Allani Patentability of Computer Related Inventions (CRI) in India has popped up again! SpicyIP intern Sukarm Sharma discusses this ongoing dispute, in light of the CRI 2016 guidelines and the Ferid Allani order. Microsoft v.

Intellectual Property Law 119

Intellectual Property Law Intellectual Property Trademark IP 119

IP and Legal Filings

FEBRUARY 2, 2024

The Trademarks Act of 1999 does not forbid the use of names of gods or goddesses, religious symbols, or figurines in and of themselves; But it simply limits the registration of the mark under the Trademarks Act’s Section 9(2)(b), as is shown while reading the clause. 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

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

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

DECEMBER 23, 2022

Both EUTM registrations were granted. 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.

Designs 52

Designs Design Registration Government 52

The IPKat

AUGUST 4, 2023

C&S Designs (CS) is a competitor of Mexx and also sells clothes in the Netherlands under the brand ‘G-maxx’, which it registered as a EUTM for the goods of class 25 in 2016, the same year it started selling clothes under the brand. An interesting point was raised concerning the moment in time when reputation had to be assessed.

Branding 52

Branding Brands Branding Marketing 52

43(B)log

FEBRUARY 21, 2024

16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. 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.” World Champ Tech LLC v. Peloton Interactive, Inc.,

Marketing 59

Marketing Marketing Trademark Branding 59

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

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.

Branding 52

Branding Brands Branding Trademark 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

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

Television 40

Television Music Advertising Advertising 40

43(B)log

AUGUST 4, 2023

Room 204 Christopher Buccafusco (w/ Joseph Blocher), Firearms, Innovation, and Regulation How do law and markets affect the pace and direction of innovation for firearm related safety in the US? 2016 survey says 59% of Americans would be willing to buy a smart gun, including 56% of political conservatives and 4 of 14 gun owners.

Copyright 52

Copyright Fair Use Marketing Marketing 52

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. Other examples: design patent, as Sarah Burstein has writte n. NYU Press, 2016). The judge isn’t hearing that they’re not counterfeiters.

Fair Use 45

Fair Use Branding Brands Branding 45

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

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

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. Zazu Designs v. Lower Risk.

Trademark 52

Trademark Registration Web Development Advertising 52

43(B)log

FEBRUARY 24, 2021

may require disclosures and charitable registration: Draper James teachers giveaway. Quebec: registration requirements (doesn’t apply below a certain monetary threshold, and to non-advertising promotions like a contest for employees) + French language availability. Designed in US” can also work. Loot boxes are on the horizon.

Advertising 40

Advertising Advertising Law Privacy 40

SpicyIP

FEBRUARY 20, 2023

Delhi High Court cancels registration to ‘VNow’ mark for being deceptively similar to Bennet Coleman’s ‘Now’ family of marks. Delhi High Court reiterates that the counterclaim for revocation of design is maintainable before the High Court. Delhi High Court clarifies application of Section 15(1)(b) of the Designs Act.

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Registration Designs Design Trademark 105

The IPKat

MARCH 25, 2024

Background On 8 September 2015, BIW Invest AG (‘BIW’) applied for registration of EU trade mark no. On 27 June 2016, BIW filed another application for EU trade mark no. On 27 June 2016, BIW filed another application for EU trade mark no. The picture was created with Image Creator from Microsoft Designer.

Music 107

Music Cinema Designs Design 107

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