The IPKat

SEPTEMBER 22, 2022

According to the Court, the advertising and promotional activities for the marks relating to hotel and ancillary services constitute acts of use of an EU trade mark. For the most part, when looking for a hotel room, Merpel does not look for "standard" services. The EU trade mark was registered in 2011.

Advertising 52

Advertising Advertising Intellectual Property Marketing 52

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

IP and Legal Filings

FEBRUARY 20, 2022

Slogans are brief, memorable words that are commonly used in advertising to promote a specific company. As a result, slogan registration is frequently denied due to a lack of distinctiveness. Using a mark as an advertising slogan, on the other hand, does not prevent it from being registered as a trademark.

Trademark 54

Trademark Advertising Advertising Registration 54

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

The TTABlog

JANUARY 17, 2024

Banc of California petitioned to cancel a registration for the mark shown below left, on the ground of likely confusion with its registered mark shown below right, both for, inter alia , banking services. Since both parties rely on issued registrations, priority was an issue in this proceeding. How do you think this came out?

Designs 67

Designs Design Registration Service Mark 67

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

IP and Legal Filings

JANUARY 19, 2023

Introduction Prior to 2017, China was the largest cryptocurrency market in the world, with 80% of Bitcoin transactions, the most popular digital currency, taking place in yuan 1. With “blockchain” in their name, almost 5,000 companies have been formally registered, up from 500 in 2017.

Government 71

Government Marketing Marketing Business 71

LexBlog IP

AUGUST 23, 2023

In the cases at issue, the Seminole Tribe of Florida (“Seminole Tribe”) sought trademark registration for a guitar-shaped building for hotel and casino services. And so, the TTAB granted registration to the Seminole Tribe’s guitar shaped building but denied registration to Palacio del Rio’s modular designed building.

Designs 52

Designs Design Advertising Advertising 52

The TTABlog

FEBRUARY 16, 2022

Third-party registrations and third-party website evidence showed the same mark used by a single entity for both restaurant services and frozen pizza sold at retail (for example, Uno Pizzeria and Grill). million on advertising from 2017-2020, garnering $81 million in revenues from 2015-2020. It spent $2.3

Advertising 89

Advertising Advertising Branding Brands 89

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. ” Nevertheless, the successor licensee sent DMCA takedown notices to Amazon targeting the registrant’s stripped-down sticker. .”

Registration 112

Registration Fair Use Copyright Designs 112

43(B)log

MARCH 1, 2022

Bell continues to market his 1982 72-page book, and also sells merchandise, “including t-shirts and posters that display the passage that was quoted in the tweets.” That’s what Chisholm Trail High School’s softball team and color guard did in 2017, on Twitter, to under 1000 followers, crediting Bell. NXIVM Corp. Ross Institute, 364 F.3d

Fair Use 90

Fair Use Social Media Licensing Marketing 90

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

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

The IPKat

DECEMBER 19, 2022

Background In 2001, McCain GmbH (the Intervener) successfully registered the following three-dimensional sign as an EUTM: Registration was obtained for goods in Class 29 (pre-cooked potato croquettes and products based on mashed potatoes frozen) of the Nice Classification. In 2018, Agrarfrost GmbH & Co.

Television 117

Television Advertising Advertising Designs 117

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. Enforcement of your rights prevents market confusion.

Trademark 52

Trademark Branding Brands Branding 52

JIPL Online

FEBRUARY 26, 2021

In June of 2020, the Supreme Court of the United States (“SCOTUS”) held that a “generic.com” is eligible for trademark registration so long as the consumer recognized the mark as a distinguishing member of a certain class of goods or services. [i] The Decision. The second problem Justice Breyer has is that adding “.com”

Trademark 98

Trademark Registration Trademark Law Advertising 98

43(B)log

FEBRUARY 15, 2022

As a plaintiff, you probably don’t want the background narrative to start with “Plaintiff started selling BoostLash, which has the same purpose and functionality as Idol Lash, in 2017, while plaintiff’s principals were still employed at Idol Lash.” Was BoostLash descriptive despite the registration? Summary judgment for Woo.

Registering Trademarks 72

Registering Trademarks Confidentiality Trademark Advertising 72

Patently-O

DECEMBER 12, 2021

. § 1052(c) provides, in pertinent part, that the PTO must deny federal registration to a trademark if it “[c]onsists of or comprises a name, portrait, or signature identifying a particular individual except by his written consent….”

Registration 69

Registration Government Advertising Advertising 69

IP and Legal Filings

JANUARY 5, 2023

1] This empowers an enterprise to market its product effectively and allows consumers to differentiate between products of identical natures or classes. The plaintiff has made various efforts to make their trademark famous like advertising and has hosted various sports and cultural events including international cricket matches.

Trademark 83

Trademark Branding Brands Branding 83

The IPKat

JANUARY 6, 2022

In my view the judgment is controversial and arguably misses the bigger picture, including the cumulative impact of more and more broadly drafted registrations on the practice of trade marks. The same could also apply to a company registration. SkyKick has said it would appeal – again – this time to the UK Supreme Court.

Registration 96

Registration Cease and Desist Branding Brands 96

The TTABlog

JANUARY 24, 2022

A design may be so common in the industry that it cannot identify a particular source, in which case registration should be refused "on the ground that the proposed mark fails to function as a mark." Applicant has sold its "Ark" bag since January 2013, with sales increasing sharply in 2017. ordinary consumers who purchase handbags.

Designs 52

Designs Design Registration Music 52

SpicyIP

FEBRUARY 20, 2023

Delhi High Court cancels registration to ‘VNow’ mark for being deceptively similar to Bennet Coleman’s ‘Now’ family of marks. To this, the plaintiff responded that it had filed a rectification petition before the IPAB in 2016, in which defects were raised by the IPAB in 2017. Case: Anubhav Jain vs Satish Kumar Jain & Anr.

Registration 105

Registration Designs Design Trademark 105

IP and Legal Filings

NOVEMBER 27, 2022

With the fast-growing media and entertainment sector, the era of digital advertising for product branding and selling has also stepped up. With the fast-growing media and entertainment sector, the era of digital advertisement for the products branding and selling have also stepped up. Nestle contended that.

Trademark 52

Trademark Branding Brands Branding 52

SpicyIP

OCTOBER 27, 2023

False urgency is a marketing tactic that creates a false sense of scarcity to pressure consumers into making a purchase, often resulting in dark patterns, limited stock, and unexpected delivery. False advertising and misleading representations: Dark patterns often involve misleading representations about products, services, or offers.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

IP Tech Blog

MAY 19, 2022

This case follows successful oppositions by Match.com to Muzmatch’s registration of its marks in 2018, and unsuccessful attempts by Match.com to purchase Muzmatch between 2017 and 2019. The decision by Nicholas Caddick Q.C Match.com is one of the largest and most recognisable dating platforms in the UK. The lack of the suffix ‘.com’

Branding 57

Branding Brands Branding Intellectual Property 57

Intepat

MAY 16, 2023

The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks. 14 provides that if anyone files an application for the registration of a trademark, the consent of the living person must be taken and it should not be falsely or fraudulently obtained. DAP & Co.

Branding 98

Branding Brands Branding Personality Rights 98

LexBlog IP

MAY 19, 2022

This case follows successful oppositions by Match.com to Muzmatch’s registration of its marks in 2018, and unsuccessful attempts by Match.com to purchase Muzmatch between 2017 and 2019. The decision by Nicholas Caddick Q.C Match.com is one of the largest and most recognisable dating platforms in the UK.

Branding 52

Branding Brands Branding Intellectual Property 52

The IPKat

JUNE 23, 2022

In most trade mark cases waiting a little longer to see the Defendant off the market would not, in my view, cause the Claimant a huge additional loss. Those who think that securing a registration without encountering an opposition means you’re safe should think again! The judge was very much in the former camp.

Branding 73

Branding Brands Branding Litigation 73

SpicyIP

DECEMBER 30, 2023

Asst Controller of Patents and Designs , (passed on May 15) the Court meandered through the legislative history of Section 3(k) of the Patents Act and observed that there is a lack of clarity on the meaning of “technical effect” and “contribution” under the present 2017 CRI guidelines used by the Patent Office. First, in Toyota v.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

OCTOBER 16, 2023

The court held that the defendant’s advertising falls under the ambit of permissible comparative advertising, rejecting the plaintiff’s claims and emphasized on a competitor’s right to prevent disparagement while allowing reasonable product promotion. Read Yogesh’s assessment of the order. Humans of Bombay Stories Pvt.

Due Diligence 59

Due Diligence Invention IP Copyright 59

Kluwer Copyright Blog

NOVEMBER 8, 2021

17 of the Directive on Copyright in the Digital Single Market (DSM Directive). Such a long time – almost a year has passed since the Advocate General opinion (see here) – that a casual observer of copyright law may conclude that the judgment has lost its practical significance. ” 2) Beware of Michelangelo’s David. 106-108). .

Blogging 52

Blogging Non-Fungible Tokens Law IP 52

Above the Fold

JULY 5, 2022

1] The best part about a copyright is that its registration is typically inexpensive and straightforward. The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. Scenario 2: Protecting Novel Designs by Patent. 3d 114, 118 (2d Cir.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

SpicyIP

FEBRUARY 13, 2023

What stands out here is that the Court granted an injunction in favour of the Plaintiff based on earlier registration without considering the non-use of the mark by them. Delhi High Court directs Registry to advertise KFC’s ‘Chicken Zinger’ trademark. Case: Louis Vuitton Malletier vs Capital General Store & Ors.

Designs 52

Designs Design Trademark Cease and Desist 52

LexBlog IP

JULY 5, 2022

” [1] The best part about a copyright is that its registration is typically inexpensive and straightforward. The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. Scenario 2: Protecting Novel Designs by Patent. ” [8].

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

LexBlog IP

NOVEMBER 30, 2022

1002 (2017), a case about cheerleading uniforms for most, but an invitation to me to examine the intellectual feast of issues about food porn. Since my 2017 article, there seems to have been great attention paid by legal commentators to efforts to protect recipes. Varsity Brands , 137 S.Ct. ” Id.

IP 52

IP Intellectual Property Fair Use Trademark 52

IP Tech Blog

AUGUST 22, 2022

By using “Smart,” the application passed the formal test for registration. In order to pass the formal examination and obtain registration, all these design applications were titled in a way so as not to emphasize the metaverse dimension (which was put in brackets as secondary description).

Design Patent 57

Design Patent Designs Design Patent 57

IIPRD

FEBRUARY 23, 2021

The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. The National IPR Policy of 2016 has resulted in increasing IP registration since its inception. The pendency in IP registration applications have also decreased. Objective 5.11.1

IP 40

IP Intellectual Property Branding Brands 40