IIPRD

JUNE 29, 2022

Louis Vuitton Malletier is a French fashion house and one of the most recognisable luxury goods brands in the world. It was awarded the world’s most valuable luxury brand for six consecutive years (2006-2012), topping even Chanel, Gucci, and Dior. After 12 decades, it has become one of the most identifiable marks on the planet!

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

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

LexBlog IP

SEPTEMBER 22, 2022

In today’s age, the importance of brands (and in turn trademarks) cannot be undermined. It is through brands that businesses (be it domestic or international) are able to thrive and flourish in various highly competitive sectors. At a fundamental level, it is an accepted fact that a trademark serves as a source identifier viz.

Registration 52

Registration Trademark Branding Brands 52

Technology & Marketing Law Blog

NOVEMBER 27, 2023

The United States Patent and Trademark Office (USPTO) refused registration of “Trump Too Small” under Section 2(c) of the Lanham Act ( 15 USC 1052(c) ) because the phrase includes a living individual’s name without his written consent. Tam (2017) and Iancu v. The text of Section 2(c) is viewpoint-neutral.

Registration 74

Registration Trademark Blogging Law 74

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. 1 Is a Building “Product Packaging” or “Product Design” Trade Dress? Thus, brand owners can, and do, register their trade dress at the PTO.

Designs 52

Designs Design Advertising Advertising 52

The IPKat

MAY 26, 2024

The course is delivered both offline and online, and the registration is available here. 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. Interested candidates are welcome to apply here.

Advertising 62

Advertising Advertising Technology Editing 62

Selvam & Selvam Blog

DECEMBER 16, 2021

If a mark is not distinctive, it would lead to confusion among consumers between the mark and existing brands present in the market, as well as be unable to distinguish the source/origin of the goods/services. The basic purpose of a trademark is that it serves to distinguish the goods or services of one person from those of another.

Registration 40

Registration Trademark Branding Brands 40

The IPKat

DECEMBER 9, 2021

Katfriend Federica Combariati (TM IP Counsel at Assa Abloy) discusses a recent decision relating to AC Milan’s attempt to extend its international trade mark registration for its club logo to the territory of the European Union. InterES… (Yet nothing to do with Inter Milan FC … at least this time!)

Branding 94

Branding Brands Branding Registration 94

The IPKat

AUGUST 4, 2023

The IPKat has received and is pleased to host the following contribution by former GuestKat Jan Jacobi (BarentsKrans) regarding a recent Dutch decision on free riding and declining reputation of a brand. Quite often, the IP of a bankrupt company is sold to a third party who continues operating all or some of the brands.

Branding 52

Branding Brands Branding Marketing 52

The IPKat

SEPTEMBER 24, 2023

Gucci Ancora's Roblox event Colour is known to be one of the most predominant visual elements in products and consequently in their brand identity. It is common knowledge that - especially in the luxury sector - the brand can be one of the most valuable assets of the company. 017215237 , 017215245 , 017535832 , 017535816 ).

Branding 78

Branding Brands Branding Designs 78

IP and Legal Filings

APRIL 12, 2023

However, the Delhi High Court recently declared that the stylized “H” mark of French luxury brand Hermes International qualifies as a “well-known trademark” under the terms of section 2(1)(zg) of the Trademark Act, 1999 (hereinafter, the act). This is the extra protection that a brand obtains after being named Popular.

Trademark 89

Trademark Branding Brands Branding 89

IPilogue

OCTOBER 28, 2021

In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. In Pyrrha Design Inc. where original jewellery designs are automatically protected under copyright law as sculptural or pictorial works.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

The IPKat

FEBRUARY 19, 2023

Conferences, Seminars and other Events UCL – Question to Trade Mark Judges The UCL Institute of Brand and Innovation La (IBIL) and MARQUES , the European Association of Trade Mark Owners, will host the event “ Question to the Trade Mark Judges ” on the 7th March 2023. Info and registration here. More information on the event here.

Intellectual Property 67

Intellectual Property Branding Brands Branding 67

The IPKat

AUGUST 12, 2023

This is an important judgment on the interaction of brands within a crowded marketplace. Former GuestKat Jan Jacobi (BarentsKrans) presented an analysis of the recent decision of the Dutch Court of Appeal in the Mexx case, concerning free riding and declining reputation of a brand. More information is available here.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Publishing Journalism 52

43(B)log

JULY 3, 2023

Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products. T]he one showed in the application is not mine.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

IP and Legal Filings

NOVEMBER 27, 2022

Trademark refers to the cumulation of distinctive sign/symbol, design, or combination which is exclusively associated with the products or services helping the targeted customers identify the same easily. With the fast-growing media and entertainment sector, the era of digital advertising for product branding and selling has also stepped up.

Trademark 52

Trademark Branding Brands Branding 52

The TTABlog

JANUARY 26, 2023

Tam (2017), holding a portion of the nation’s statutory trademark law unconstitutional, Justice Alito wrote: “It is unlikely that more than a tiny fraction of the public has any idea what federal registration of a trademark means.” Client: “But wait—if I already have a trademark why do I need registration?” Cumbow 2023.

Trademark 62

Trademark Registration Trademark Law Business 62

SpicyIP

OCTOBER 27, 2023

Challenges Under IP Law Dark patterns are deceptive or manipulative design elements or techniques used in user interfaces to trick users into taking actions they may not want to take. For instance, when a person copies the unique packaging design of a popular energy drink, it confuses consumers and potentially infringes the trade dress.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

IP and Legal Filings

OCTOBER 23, 2023

The issue of counterfeiting not only compromises a brand’s reputation or brand value, but also puts consumer safety at risk by allowing the sale and uninformed purchase of sub-standard goods. In the year 2017 the market value of the E-commerce was $38.5 Nakul Bajaj & Ors. [4]

Marketing 85

Marketing Marketing Trademark Registration 85

IPilogue

MARCH 2, 2022

The Birkin’s distinctive shape has acquired a secondary meaning, such that its trade dress has a trademark registration with the US Patent & Trademark Office. 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’ Action.

Cease and Desist 105

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

The IPKat

JUNE 5, 2023

In 2017, Ferrero sued Czech company Mocca Spol. Therefore, the more the shape whose registration is sought is similar to the shape that the product in question is likely to have, the more likely it is that this shape is devoid of distinctiveness. The contested candy boxes were exposed in a trade show in Paris.

Registration 132

Registration Reporting Branding Brands 132

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. Shell Brands International AG v.

Trademark 126

Trademark Invention Patent Art 126

IP Tech Blog

AUGUST 18, 2023

Has the Chinese Patent linkage framework worked as designed? Under the patent linkage framework, the first generic applicant who has (1) successfully challenged a brand drug’s patent, and (2) is the first approved to enter the market in China, can enjoy a 12-month market exclusivity period. ZL201210201489.X,

Litigation 98

Litigation Patent Intellectual Property Branding 98

LexBlog IP

OCTOBER 13, 2021

De Luca considered whether modifications to the appearance of a trademark went beyond the scope of the registration. The Court also highlighted important factors for brand owners to consider when licensing and refreshing a corporate logo. The Use of Variants. A trademark license does not need to be written to be valid.

Licensing 52

Licensing Registering Trademarks Registration Trademark 52

The IP Law Blog

FEBRUARY 3, 2022

In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” This protected designation was superseded by adoption of the Protected Designation of Origin (“PDO”) for GRUYÈRE in 2001.

Designs 52

Designs Design Trademark Branding 52

azrights

NOVEMBER 3, 2021

The difficulty with colour as a brand identifier is that there is no interim legal protection available to rely on as you build up recognition. Staples, Office Depot and Office World were the 3 brands left standing in their category. Colour Trade Marks. Enforcement of your rights prevents market confusion.

Trademark 52

Trademark Branding Brands Branding 52

LexBlog IP

SEPTEMBER 29, 2022

–Kat Eschner, The Story of Hollywood’s Most Famous Lion (2017). Here in a nutshell is the query the Court addressed: 16 Under Article 7(1)(b) of Regulation 2017/1001, trade marks which are devoid of any distinctive character shall not be registered. There’s no roar quite like a Nittany Lion’s!

Trademark 52

Trademark Registration Music Intellectual Property 52

The IPKat

JANUARY 12, 2023

As different as these brands may be, both are certainly well-known among the general public. 2017/1001 ). 2017/1001 ). A challenging question, isn’t it? While Puma’s sportswear is more present in the everyday life of consumers, Rolex watches enjoy a more luxurious aura. 8(5) of the former Community Trade Mark Regulation No.

Art 123

Art Branding Brands Branding 123

The IPKat

JULY 20, 2021

Part 1: The trade mark registration process Chapter 2, by Barton Beebe and Jeanne Fromer , addresses "trade mark depletion", i.e. the hypothesis that there is a limited supply of signs that can usefully serve as a trademark and that we're running out [earlier work here ]. here or here ].

Trademark Law 96

Trademark Law Law Trademark Registration 96

Technology & Marketing Law Blog

DECEMBER 11, 2023

MSCHF has frequently targeted major brands. At this point the Second Circuit baldly states “MSCHF used Vans’ trademarks—particularly its red and white logo—to brand its own products.” Unlike the defendant in Jack Daniel’s , MSCHF, at least amongst its relevant consumers, has a valuable brand. 218 (2017); Iancu v.

Blogging 112

Blogging Trademark Branding Brands 112

SpicyIP

FEBRUARY 19, 2024

Case Summaries Hmd Mobile India Private Limited vs Mr Rajan Aggarwal & Anr on 9 February, 2024 (Delhi HC) image from here The Plaintiff had filed a petition under Section 50 of the Copyright Act, 1957 for expunging the copyright registration against the Defendant.

Invention 105

Invention Music Art Patent Application 105

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.” Peloton’s core brand is Peloton. 2024 WL 665181, No.

Marketing 59

Marketing Marketing Trademark Branding 59

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. Ltd for disobeying the Palbociclib interim injunction. Check out the post for more details. Case: Louis Vuitton Malletier vs Capital General Store & Ors.

Designs 52

Designs Design Trademark Cease and Desist 52

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." 124 USPQ2d 1028, 1033-34 (TTAB 2017). registration for GJERGJ KASTRIOTI SKËNDERBEU in standard character form, which it secured without objection from GKS.

Ownership 52

Ownership Registration Trademark Contracts 52

The IPKat

DECEMBER 23, 2022

Both EUTM registrations were granted. It reiterated that the Grand Board had to decide on the scope of opposition to the registration of a trade mark arising from Article 7(1)(c) EUTMR where a sign is a geographical name. In 2002, the company applied to register the EUTM No. In 2014, it sought to register the EUTM No.

Designs 52

Designs Design Registration Government 52

IP and Legal Filings

NOVEMBER 30, 2022

With a share of approximately 30% in the GDP, the manufacturing sector is expanding at an average rate of 11.9%, services are increasing at an average rate of 8.1%, and agriculture contributed 25% of the GDP in 2017 with an annual growth rate of 3.8%. One of ASEAN’s most liberal and open economies is Cambodia. Conclusion.

Intellectual Property 66

Intellectual Property Marketing Marketing IP 66

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