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 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

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

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 131

Trademark Registration Advertising Advertising 131

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

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

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

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

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 86

Trademark Branding Brands Branding 86

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 77

Registration Government Reporting Marketing 77

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

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

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

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Defendant had not obtained the Deposit Design from the Copyright Office. Defendant had not tried to find out why Amazon kept reinstating Plaintiff’s listing.

Registration 111

Registration Fair Use Copyright Designs 111

SpicyIP

FEBRUARY 13, 2023

However, regarding the affidavit of user, the court noted that the application was filed before the 2017 Trademark Rules that prescribe for an affidavit of user, and thus the same cannot be subjected to the provision that was introduced during its pendency. Delhi High Court directs Registry to advertise KFC’s ‘Chicken Zinger’ trademark.

Designs 52

Designs Design Trademark Cease and Desist 52

The IPKat

FEBRUARY 23, 2023

In Standard International, the US hotel in question lost its trade mark registration for non-use before both the EUIPO Cancellation Division and the EUIPO Board of Appeal, despite ample evidence of advertisements and promotional campaigns aimed at customers in the EU. In MARCO POLO , an application for invalidity was filed against an IR(UK).

Registration 76

Registration Advertising Advertising Law 76

IP and Legal Filings

JANUARY 24, 2023

Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings. The test involved that natural language conversations would take place between a machine designed for generating human like responses and a human. [15]

Copyright 89

Copyright Ownership Artistic Work Intellectual Property 89

azrights

NOVEMBER 3, 2021

You may remember from a previous blog post that Coca Cola had design protection of the bottle shape available as an interim measure while they built associations to the bottle shape through their advertising. In practice, there is a constant interplay between use of identifiers and ownership of them.

Trademark 52

Trademark Branding Brands Branding 52

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

SpicyIP

OCTOBER 30, 2023

Descriptive marks usually ‘consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service (again, tyres don’t smell like roses!)

Registration 52

Registration Trademark Intellectual Property Law Intellectual Property 52

IP and Legal Filings

NOVEMBER 8, 2022

IS RIGHT TO PRIVACY VIOLATED UNDER SUCH AUTONOMOUS VEHICLES (PRIVACY BY DESIGN PRINCIPLE). In conjunction, these vehicles also create user advertising profiles based on individual travel habits and patterns derived from everyday driving. A way through which we can implement this is the privacy by design principle. [37]

Privacy 52

Privacy Technology Government Designs 52

Garrigues Blog

NOVEMBER 15, 2021

Although these assets are similar, their purpose is not identical, and this fact should be taken into consideration when designing an effective protective strategy to ensure that the rights in these signs are enforced in respect of third parties. In particular, article 7.1

Trademark 52

Trademark Intellectual Property Trademark Law Registration 52

The TTABlog

OCTOBER 3, 2022

Deemed a Specially Designated Narcotics Trafficker (SDNT), applicant was banned from doing business in the United States from 2008 to 2015. In July 2016, applicant petitioned to cancel ARSA's registration, and in 2017 it applied to register its EUCALIN word-and-design mark. Who Owned the Mark?:

Ownership 40

Ownership Litigation Registration Business 40

Intepat

APRIL 19, 2023

In other words, copyright does not prevent others from creating a similar software program or user interface, as long as they do not copy the original code or design. The existing examination guidelines for CRIs were issued by the Office of Patents on 30 th June in the year 2017. Controller of Patents & Rediff.com India Ltd.

Invention 52

Invention Intellectual Property Patent Copyright 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising. cum laude , from Georgetown University Law Center in 2017, his Ph.D. She received her J.D.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

43(B)log

NOVEMBER 19, 2021

Neurelis received orphan drug designation from the FDA for its Valtoco for management of ARS in 2015. It then received fast strack designation, which allowed it priority review, and filed an NDA for Valtoco in 2018; this was pending at the time of the operative complaint.

Designs 56

Designs Design Patent Prosecution Art 56

43(B)log

OCTOBER 31, 2022

He alleged that he used the CBC Casper and Casper names exclusively to promote his work to the public, and that, by 2017, he used the Casper mark in commerce in connection with distributing downloadable Casper CBC software and specifications under open-source licensing agreements in the United States.

Registration 59

Registration Trademark Ownership Marketing 59

IP and Legal Filings

JANUARY 26, 2023

22] However, to remedy this caveat, the court propounded that designating a colour using an internationally recognised identification code (such as Pantone) will constitute a graphical representation, being precise and stable. [23] 14] Rule 2(2)(k), The Trademark Rules, 2017 (‘Rules’). 63 at paragraph 21 [13] Deere & Company v.

Registration 76

Registration Trademark Trademark Law Law 76

azrights

MAY 10, 2022

Compumark an industry leader in trademark research and protection reported in 2020 that trademark infringement is rising year on year with 85% of brands experiencing trademark infringement in the previous year, showing a steady upward trend from 81% in 2018 and 74% in 2017. Successful business owners are constantly looking to learn.

Business 98

Business Branding Brands Branding 98