Technology & Marketing Law Blog

JANUARY 9, 2022

As you can see, emoticon references peaked in 2016, and the number has roughly stayed steady since then (but see the footnote above). Individual emoji symbols can obtain copyright registrations… sometimes. The post 2021 Emoji Law Year-in-Review appeared first on Technology & Marketing Law Blog. When exactly?

Law 137

Law Registration Settlement Litigation 137

The IPKat

MAY 16, 2023

The purpose of this grace period is to allow the designer or its successor to test the products in which the design is embodied in the market ( Recital 20 CDR ). 14 to 16 CDR , which deal with the rightful owner of a Community design and the consequences of registration of a Community design by a non-entitled third party.

Designs 91

Designs Design Art Registration 91

The IPKat

FEBRUARY 22, 2022

The thorny issue of the registration of a 3D trade mark never ceases to challenge the trade mark system. EOS maintained that the trade mark was inherently distinctive and, in the alternative, was registrable based on acquired distinctiveness, under Article 7(3) EUTMR. The Boards of Appeal (BoA), too, denied registration.

Registration 90

Registration Marketing Marketing 90

SpicyIP

JANUARY 7, 2024

Volker Bertram Medical,” leading to confusion in the market and the consequent infringement of its mark. In 2016, VBMIC obtained the registration of the ‘VBM’ device mark for medical equipment in India. It asserted that it represented “Mr.

Trademark 59

Trademark Registration Marketing Marketing 59

TorrentFreak

APRIL 5, 2024

Swedes and the New Piracy Boogeyman Starting around 2016, give or take depending on region, pirate IPTV services exploded globally. Pressure Increases on Players in the Illicit Market In common with its counterparts in Europe, Sweden had already been paying more attention to those involved in the supply and sale of pirate IPTV subscriptions.

Reporting 95

Reporting Marketing Marketing Copying 95

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

IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. 11 of 2008, dated April 21, 2008, regarding Electronic Information and Transactions, as amended by Law No 19 of 2016, dated November 25, 2016.• registration requirements.

Non-Fungible Tokens 83

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 83

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.

Trademark 52

Trademark Registration Designs Design 52

The TTABlog

OCTOBER 18, 2023

The Board denied a petition to cancel a registration for the mark TORPEDO JUICE for "Alcoholic beverages, except beer; Gin; Liquor; Rum" because Petitioner Oregon Grain failed to prove prior trademark rights in support of its Section 2(d) claim, and failed to provide any evidence to support its nonuse claim. 28 (TTAB 2016).

Branding 70

Branding Brands Branding Registration 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.

Fair Use 117

Fair Use Registration Designs Design 117

The IPKat

FEBRUARY 20, 2024

Among other products, CeramTec markets a pink-coloured hip-replacement implant. It also argued that the pink colour was not part of a marketing strategy, but rather the result of the chromium oxide, present in the implants and covered by the now-expired patent. Coorstek’s counterclaim was essentially based on Art.

Art 67

Art Registration Registering Trademarks Intellectual Property 67

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

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. .

Branding 122

Branding Brands Branding Trademark 122

LexBlog IP

JULY 26, 2022

A trademark registration for the mark PROHEAR for audio headphones and related goods has been cancelled based on a likelihood of confusion with the mark PROTEAR for similar goods. Here, the Petitioner’s application for its PROTEAR Mark was December 9, 2016. Trademark Trial and Appeal Board. Hangzhou Johnson Tech Co.,

Trademark 52

Trademark Registration Law Marketing 52

Technology & Marketing Law Blog

JULY 26, 2021

1979 (2016)), but only if copyright owners register their copyrights before infringement occurred or within three months of first publication. Federal courts typically require the copyright owner to have a copyright registration in hand before suing ( see 17 U.S.C. 505; Kirtsaeng v. John Wiley & Sons, Inc. , 881 (2019)).

Copyright 140

Copyright Law Registration Copyright Infringement 140

The IPKat

NOVEMBER 27, 2023

The claimant had goodwill dating back to 1992 and registrations from October 2015. The defendant had been using since 2013 with registrations from June 2015. The claimant successfully claimed infringement and the invalidity of the defendant’s registrations before HHJ Melissa Clarke sitting in the IPEC.

Editing 70

Editing Registration Branding Brands 70

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 process can go on forever until the liquidation.

Trademark 52

Trademark Government Branding Brands 52

Kashishipr

JANUARY 12, 2022

Protecting a hashtag can be a good marketing strategy as it enables businesses to connect and reach a wider audience that enjoys the same kind of goods or services. Therefore, if the hashtag is inherently distinctive, it would support and ease registration, and if not, additional efforts may be needed to amass publicity and extensive use.

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

LexBlog IP

MAY 12, 2023

In 2016, National Concession Group, Inc. The examiner refused registration because the identified goods (The Dabaratus) were prohibited under Section 863 of the Controlled Substance Act (CSA), and thus could not be used in commerce as required by Sections 1 and 45 of the Trademark Act. § 1051 (a)(1)). 1987) (citing 15 U.S.C. §

Trademark 52

Trademark Registration Designs Design 52

Garrigues Blog

JULY 6, 2021

When we start any business, one of the first things to choose is the name that will identify you in the market and, if the homework is done, it will be registered as a trademark (see a related post here ). These issues can have a major impact on brand strategy and affect credibility in the market. Let us see it. An unpleasant surprise.

Branding 52

Branding Brands Branding Registration 52

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

Technology & Marketing Law Blog

DECEMBER 27, 2023

Moreover, contrary to The Satanic Temple’s novel argument, domain registration is not the same as registration for a social media website.” For more on the irrationality of this ethics opinion, see this 2016 paper. The post 2023 Quick Links: IP, Keyword Ads appeared first on Technology & Marketing Law Blog.

IP 72

IP Advertising Advertising Copyright 72

Patently-O

NOVEMBER 21, 2021

In responding to our article, practitioner Perry Saidman and Professor Mark McKenna suggested that the design patent regime can be justified in part based on the tighter functionality screen that the PTO applies to design patents than the low threshold that the Copyright Office applies to copyright registrations to useful articles.

Designs 73

Designs Design Copyright Design Patent 73

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 83

Trademark Branding Brands Branding 83

LexBlog IP

AUGUST 22, 2022

2022) the United States Court of Appeals for the Federal Circuit (“CAFC”) reversed a Trademark Trial and Appeal Board (“TTAB”) decision cancelling two registrations for marks identical to those used outside of the US by The Coca-Cola Company (“Coca-Cola”).

Registration 40

Registration Ownership Trademark Marketing 40

Corsearch

NOVEMBER 20, 2023

A study published in 2018 found that overall incidents of drug name confusion of all types had decreased when comparing two periods, 2000-2004 and 2012-2016 1. That said, as the market becomes more congested, that work becomes more and more challenging to maintain and improve.

Trademark 59

Trademark Branding Brands Branding 59

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 87

Trademark Law Trademark Law Service Mark 87

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 242

Trademark Copyright Cease and Desist Copying 242

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

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.

Designs 57

Designs Design Branding Brands 57

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

The IPKat

JANUARY 25, 2024

In the meantime many competitors have entered the market with their “bricks” that perfectly combine with Lego’s bricks. In the meantime many competitors have entered the market with their “bricks” that perfectly combine with Lego’s bricks. Background It is worth recalling the long history of this case.

Designs 70

Designs Design Registration Intellectual Property 70

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

IP and Legal Filings

FEBRUARY 4, 2022

For almost a century, the Plaintiffs have been making and marketing Unani and Ayurvedic medicines, oils, syrups, and non-alcoholic beverages, among other things. ’ Plaintiffs claim that their original registration of their ‘RoohAfza’ was obtained in 1942 under Class 5 and that the registration is still valid today.

Registration 62

Registration Trademark Trademark Law Marketing 62

SpicyIP

MARCH 13, 2023

SpicyIP intern Sukarm Sharma discusses this ongoing dispute, in light of the CRI 2016 guidelines and the Ferid Allani order. Call for Papers: NUALS Intellectual Property Law Review (Vol. The court however rejected both these contentions.

Intellectual Property Law 119

Intellectual Property Law Intellectual Property Trademark IP 119

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

NOVEMBER 7, 2022

Businesses can use this intangible right to gain a competitive edge in the market. The goal of competition law is to ensure fair functioning of the market. [1] 1] At a glance both the laws may seem to be conflicting but Intellectual property ensures fair amount of competition in the market which is also the goal of competition law. [2]

Patent Law 52

Patent Law Law Patent Intellectual Property 52