The IPKat

MARCH 27, 2022

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 ). Although their products have the "country" look and feel about them, the products aren't designed for serious country wear.

Designs 52

Designs Design Copying Art 52

43(B)log

MARCH 6, 2024

1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the false advertising claims with prejudice.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

The IPKat

JANUARY 19, 2023

Later that year, the Office raised an objection in accordance with Article 7(1)(b) – (c) and 7(2) of Regulation 2017/1001 (EUTMR). The above perception by the consumer would be all the more proven given that the use of the image of famous movie character for exclusively advertising purposes is relatively common in many sectors.

Advertising 141

Advertising Advertising Registration Business 141

The TTABlog

NOVEMBER 17, 2023

125 USPQ2d 1468, 1478 (TTAB 2017). With regard to registrant's advertising, the Board found that "[n]early all of the graphical and textual matter on Respondent’s product packaging. under the other Morton-Norwich factors, it need not consider the existence or acceptability of alternative designs. See Kohler Co.

Registration 67

Registration Designs Design Advertising 67

The IPKat

MAY 26, 2024

According to the EUIPO case-law ( R-1489/2017 , R-788/2013 ), smileys or emojis are typically used in both advertising and private communication to express positive emotions. Individual emoji, such as faces, hand signs, hearts, flags, or images of everyday objects, remain generic symbols.

Advertising 62

Advertising Advertising Technology Editing 62

The IPKat

APRIL 4, 2023

designated the EU in its International Registration F **G AWESOME , which was based on three registered US trade marks (serial nos. 7(1)(b) of Regulation 2017/1001 ) and violation of public policy and accepted principles of morality ( Art. 7(1)(f) of Regulation 2017/1001 ). 7(1)(f) of Regulation 2017/1001.

Advertising 96

Advertising Advertising Art Registration 96

LexBlog IP

AUGUST 23, 2023

. (“Palacio del Rio”) sought two registrations for the river-side view and street-side view of its modular designed building for hotel services. 1 Is a Building “Product Packaging” or “Product Design” Trade Dress? See Figure 2.

Designs 52

Designs Design Advertising Advertising 52

Intepat

DECEMBER 4, 2023

Registering Foreign Trademarks in India The registration of trademarks in India is governed by the Trade Marks Act of 1999 and the Trade Mark Rules of 2017. The applicant must specify all the countries in which they seek registration, known as designated contracting parties. However, this framework primarily addresses domestic filings.

Registration 52

Registration Trademark Contracts Advertising 52

Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. 4) Social media “defective design” lawsuits go forward.

Law 103

Law Social Media Advertising Advertising 103

IPilogue

MARCH 2, 2022

The Birkin’s hefty price tag — a Diamond Himalaya Birkin sold for over $400,000 in 2017 — has made it a prime target for knockoffs. Hermès claims that beginning on December 2, 2021, Rothschild’s advertising of his MetaBirkin NFTs infringed Hermès’ “globally recognized” “BIRKIN” trademark and Birkin bag trade dress. Hermès’ Action.

Cease and Desist 105

Cease and Desist Non-Fungible Tokens Fair Use Intellectual Property 105

SpicyIP

OCTOBER 27, 2023

Interface interference is a tactic that hinders consumers from performing actions like cancelling subscriptions or deleting accounts, such as redirecting them to another page while trying to cancel a pop-up advertisement. This includes endorsements of personal experiences without disclosing the fact that they are paid for it.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

Patently-O

OCTOBER 3, 2021

The TTAB gave little weight to the fact that the agency has issued registration certificates on many different shoe designs. Now, the company has filed a civil action in the Eastern District of Virginia seeking a court order that TBL is entitled to a registration. TBL Complaint. There is no right to a jury trial in this type of case.

Trademark 132

Trademark Registration Advertising Advertising 132

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. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

IPilogue

AUGUST 4, 2022

That case centered around the issue of whether the applicant’s “JU DIAN & Design Mark” was obtained in bad faith contrary to 18(1)(e) of TMA or was otherwise invalid per 18(1)(b) or 18(1)(d) of the TMA. On June 3, 2019, Judian became aware of an advertisement for sale of the trademark on an online marketplace, VanSky. Background.

Trademark 115

Trademark Registration Designs Design 115

43(B)log

JUNE 15, 2022

Netaifm alleged that defendants engaged in anticompetitive market behavior when the Jain entities acquired majority shares of two local design firms, which connect manufacturers to growers, and alleged false advertising. Jain is Netafim’s largest competitor. Jain had approximately $25 million in Central Valley sales in 2016.

False Advertising 59

False Advertising Advertising Advertising Blogging 59

The IPKat

DECEMBER 19, 2022

KG, Inc (the Applicant) submitted a request for revocation, pursuant to Article 58(1)(a) of Regulation 2017/1001 (EUTMR), on the ground that the contested mark had not been the subject of genuine use for an uninterrupted period of five years. In 2018, Agrarfrost GmbH & Co.

Television 117

Television Advertising Advertising Designs 117

IPilogue

FEBRUARY 28, 2022

France and Switzerland used to fight for the exclusive rights to the “Controlled Designation of Origin” for Gruyère. As a result, this application has remained as “advertised” since November 1, 1995. As the debate heated up, the European Union (EU) stepped in and eventually decided to favour the Swiss in 2001.

Trademark 106

Trademark Registering Trademarks Intellectual Property Advertising 106

43(B)log

AUGUST 9, 2021

As to defendant Boyer (the relevant defendant), the class actions alleged that it falsely designated the geographic origin of its coffee with the intent to deceive, when the products actually contained little to no Kona coffee. Travelers insured Boyer, which sought coverage. And it definitely didn’t disparage Kona consumers. Nationwide Mut.

Advertising 59

Advertising Advertising Publishing Branding 59

Indiana Intellectual Property Law

DECEMBER 23, 2022

According to the complaint, Gema is a worldwide leader in the design and manufacture of electrostatic powder coating control units, and powder feed systems. The Design Patents are for a variety of powder guns and spray equipment. May 16, 2017. They allege to be an Integrator of Gema Products, not a Gema Distributor. OPTISELECT.

Trademark 52

Trademark False Advertising Patent Registration 52

The TTABlog

JANUARY 12, 2022

As to whether the mark is famous for dilution purposes, the Board considers the following factors under Section 43(c)(2)(a) of the Lanham Act: (i) The duration, extent, and geographic reach of advertising and publicity of the mark, whether advertised or publicized by the owner or third parties. (ii) Software's first use date.

Music 98

Music Advertising Advertising Registration 98

The TTABlog

JANUARY 24, 2022

In a 51-page opinion, the Board affirmed a refusal to register the product configuration shown below, for "handbags," finding the design to be generic and, alternatively, lacking in acquired distinctiveness: "Handbags embodying the proposed mark are so common in the industry that such product design is not capable of indicating source and.

Designs 52

Designs Design Registration Music 52

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. 1055/DELNP/2009 for the invention –“Process Device with Density Measurement” and the subsequent rejection order (dt July 7, 2017) passed by the Controller. Controller of Patents and Designs.

Trademark 126

Trademark Invention Patent Art 126

IP and Legal Filings

APRIL 12, 2023

iii] Prior to the introduction of the Trade Mark Rules 2017, well-known trademarks were decided upon by the Indian Courts and Tribunals, and the Trademark Registry had compiled a list of such well-known marks based on judicial pronouncements. iv] Trade Mark Rules, 2017, Rule 124. [v] ii] The Trademarks Act, 1999, Section 2 (1) (zg).

Trademark 89

Trademark Branding Brands Branding 89

TorrentFreak

MARCH 4, 2024

In 2017, Elsevier won a court case against LibGen and Sci-Hub in a New York federal court, which awarded the publisher $15 million in damages. The site is designed to be user-friendly while remaining resilient to enforcement measures. However, both shadow libraries remained online and continue to operate to this day.

Publishing 97

Publishing Social Media Copyright Infringement Copyright 97

SpicyIP

FEBRUARY 19, 2024

The Defendant had claimed that the idea of the ‘advertisement’ of the Plaintiff’s recent product launch has been copyrighted by the Defendant. The Court held that this interpretation will apply to the 2017 Rules as well, despite the removal of the one-month extension period, as the discretion of the Registrar remains absent therefrom.

Invention 105

Invention Music Art Patent Application 105

IP and Legal Filings

JULY 28, 2022

Government of India enacted the Real Estate (Regulation and Development) Act 2016 and the act came into force with effect from May 1, 2017. As a result, the Maharashtra government also issued the following regulations: Maharashtra Real Estate Regulatory Authority, Officers and Employees (Appointment and Service Conditions) Rules, 2017.

Registration 79

Registration Government Reporting Marketing 79

Intepat

JUNE 12, 2023

Registering Foreign Trademarks in India Registration of trademarks in India is governed by the Trade Marks Act, 1999 and the Trade Mark Rules, 2017. If the trademark is accepted during this stage then the same is advertised in the Trade Marks Journal. However, this framework is restricted to domestic filings.

Registration 52

Registration Trademark Contracts Intellectual Property 52

SpicyIP

AUGUST 22, 2022

On 2 nd December 2021, Mason Rothschild began advertising an NFT collection of fur-covered Birkin-like handbags that he designed, advertising them as ‘METABIRKINS’. i)advertising or promotion that permits consumers to compare goods or services; or. (ii)identifying The Hermès-Rothschild Dispute.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

The IPKat

MAY 19, 2023

In 2022, the EUIPO Examiner refused the application in its entirety and maintained that the application lacked distinctive character pursuant to Article 7(1)(b) of Regulation 2017/1001 (EUTMR). Instead, what matters is that the pattern is capable of indicating the commercial origin of the goods and/or services in question.

Advertising 96

Advertising Advertising Registration Designs 96

SpicyIP

MAY 20, 2024

SpicyIP Tidbit: Delhi High Court grants an Ex-parte Ad interim Injunction to Designer Gaurav Gupta On DHC’s recent interim injunction to designer Gaurav Gupta, Surabhi highlights the problem with the Court’s one glove fits all approach in this tidbit. Read on to know more. What’s in a Name?

Trademark 45

Trademark Advertising Advertising Copyright 45

Technology & Marketing Law Blog

JUNE 7, 2023

The plaintiffs asserted products liability and related claims against Snap, on the premise that Snap “is an inherently dangerous software product that Defendants deceptively advertise and promote in a way that facilitates sex crimes against children.” Publisher/Speaker Claims.

Blogging 88

Blogging Social Media Editing Designs 88

43(B)log

JUNE 16, 2022

It contracts with Charities Aid Foundation of America, which in turn delivers donated funds to designated charities. For certain “celebrity experiences,” 60% of the money donated goes to CAFA to be paid to the designated charity, but for Omaze-owned campaigns, Omaze keeps 85%. Omaze now buys its own swag for contests.

False Advertising 59

False Advertising Advertising Advertising Designs 59

LexBlog IP

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] ” [8]. .”

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

SpicyIP

FEBRUARY 20, 2023

Delhi High Court reiterates that the counterclaim for revocation of design is maintainable before the High Court. Mold-Tek Packaging Ltd held that the counterclaim seeking revocation of the registered design is maintainable before the High Court and is not limited to being heard before the controller. Containers Indore v.

Registration 105

Registration Designs Design Trademark 105

Above the Fold

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5]

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

The IP Law Blog

SEPTEMBER 22, 2022

Johnson Enterprises bought a copy of the P&P game, sent samples to a Chinese manufacturer, and began selling an almost identical version of P&P’s game that it called “Tailgating Pros White Connect 4” in October 2017. The expert opined that this “strongly suggests that P&P’s trade dress acquired secondary meaning.”

Copying 98

Copying Marketing Marketing Advertising 98

43(B)log

AUGUST 31, 2021

The 2017 label also references the “coast” and includes a map of Oregon with leaves denoting the locations of the Willamette, Umpqua, and Rogue Valleys. Marketing materials related to the 2016 version designate the same three valleys as “Regions of Origin,” and describes them as “premiere growing regions along Oregon’s coast.”

Graphic Design 56

Graphic Design Government Designs Design 56