The IPKat

AUGUST 17, 2022

The quest for practical and entertaining cases often raises various dilemmas with companies: they are forced to come up with new and quirky solutions in an ever-growing competitive market where children are also in focus. The applicant maintained its request for registration.

Registration 91

Registration Designs Design Marketing 91

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 principal testified that he continued developing a new version of the Bike+ app from 2017 until 2020, writing “over 2.4 World Champ Tech LLC v. Peloton Interactive, Inc., 2024 WL 665181, No. 21-cv-03202-LB (N.D.

Marketing 59

Marketing Marketing Trademark Branding 59

IP and Legal Filings

OCTOBER 23, 2023

These E-commerce platforms make it simple to access consumer goods from a computer or smart phone, but they also, by their very nature, make it simple for counterfeiters to market their counterfeit goods. In the year 2017 the market value of the E-commerce was $38.5 Nakul Bajaj &Ors, [Civil Suit No. 344/2018]. [6]

Marketing 83

Marketing Marketing Trademark Registration 83

The TTABlog

OCTOBER 20, 2023

In a non-precedential ruling, the CAFC affirmed the TTAB's decision [ TTABlogged here ], granting a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. Actually, registrations are cancelled, not marks - ed. Text Copyright John L.

Registration 73

Registration Trademark Service Mark Marketing 73

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

Selvam & Selvam Blog

SEPTEMBER 16, 2021

The USPTO’s Post Registration Audit Program. Under the USA’s Post Registration Audit Program, a declaration of use must be filed between the fifth and sixth year of the validity of the registration of the trademark. However, the use of a trademark is rarely monitored subsequent to its registration.

Registration 52

Registration Trademark Branding Brands 52

43(B)log

DECEMBER 16, 2022

I spent years teaching fitness and developing The Sculpt Society method before launching in 2017.” Claims that a defendant invented a product to fill a gap in the market, and the resulting implications regarding the innovativeness of a defendant’s product, constitute puffery rather than an assertion of fact.”

Marketing 59

Marketing Marketing False Advertising Contracts 59

Technology & Marketing Law Blog

MARCH 7, 2022

Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. Legal Background: Registration. Unicolors, Inc.

Registration 76

Registration Blogging Copyright Designs 76

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

MAY 30, 2023

74(2) of Regulation 2017/1001 to Art. Background On 14 October 2017, Emmentaler Switzerland - Consortium Emmentaler AOP (the Applicant) obtained the International Registration No 1378524 for the word sign “EMMENTALER” from the International Bureau of the World Intellectual Property Organization.

Registration 78

Registration Intellectual Property Designs Design 78

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

Intepat

APRIL 23, 2024

The Dilemma Presented by Similar Drug Names The absence of stringent regulatory guidance has led to a market environment where some entities engage in self-serving and malafide actions. This oversight means there is no effective mechanism to prevent the registration of fraudulent or deceptively similar names for medicinal products.

Branding 52

Branding Brands Branding Trademark 52

The IPKat

FEBRUARY 27, 2023

The General Court has recently confirmed with decision T-253/22 the refusal of the application for trade mark registration of the verbal sign “ Sustainability through Quality ”. The examiner rejected the application on 23 rd March 2020. Comment This decision adds to the increasingly relevant debate on greenwashing.

Trademark 132

Trademark Advertising Advertising Marketing 132

The IPKat

JULY 7, 2022

Concern is often expressed that design rights that are limited in time may be unduly extended in perpetuity through trade mark registrations and thus extended to create a monopoly for a particular shape.

Marketing 113

Marketing Marketing Registration Designs 113

The TTABlog

APRIL 17, 2023

Applicant Chizena, a Long Island resident purportedly oblivious to the meteoric ascent of Aaron Judge in the baseball world, filed his intent-to-use applications for the word marks on July 14, 2017, and for the design mark on October 12, 2017. On July 10, 2017, he won the Home Run Derby at the All-Star Game. David Justice? -

Trademark 95

Trademark Designs Design Licensing 95

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

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

LexBlog IP

OCTOBER 13, 2021

Further, according to article 8(2) of Law 4481/2017, a CMO may exist under the form of a public limited company (SA), but all of its shares must be mandatorily registered. Legal forms of CMOs. In practice, most CMOs in Greece have chosen the form of limited liability civil cooperatives. to be organised on a non-profit basis.

Related Rights 98

Related Rights Licensing Law Copyright 98

The IPKat

DECEMBER 29, 2023

On 20 December 2023, the General Court (GC) issued its decision in the case T-564/2 regarding the registration of an EU figurative trade mark representing a lion’s head encircled by rings forming a chain in classes 14 and 25. The decision was appealed. The same reasoning can be applied to products in class 14 (jewellery).

Registration 67

Registration Marketing Marketing 67

Biswajit Sarkar Copyright Blog

JULY 19, 2023

Though these trademarks have acquired distinctiveness as well as global reputation in both national and international market, it has to follow certain procedure to get the status of being a well-known trademark. The duration of the registration of the mark under the Trade Marks Act, 1999. Well, what really is a well-known trademark?

Trademark 52

Trademark Branding Brands Branding 52

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 69

Government Marketing Marketing Business 69

Plagiarism Today

JANUARY 27, 2022

The system, which made domain registrant contact information available to the public, was inherently incompatible with the new EU General Data Protection Regulation (GDPR). These would act as a middle person between the registrant and the database. Then, one day, it was pretty much gone. However, the system hit a landmine in 2018.

Privacy 313

Privacy Registration Plagiarism Publishing 313

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

Patently-O

JUNE 29, 2022

That divide allows the company to cater to local market preferences and regulations and also avoid potential arbitrage. In the 1970’s Coca-Cola withdrew its flagship sugary cola from the Indian market at a time of heavy regulation of foreign companies. In the 1990s, the Indian market opened again to foreign competition.

Trademark 119

Trademark Trademark Law Branding Brands 119

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. EOS appealed to the EUIPO Boards of Appeal (case R 2017/2019-4 ).

Registration 90

Registration Marketing Marketing 90

Intepat

MAY 24, 2023

More than 120 years ago, nine countries established a particular unit for the international registration of marks, known as the Madrid System. More and more countries have signed up to this unique international trademark registration system. The process of trademark registration internationally under the Madrid System can be read here.

Registration 52

Registration Trademark Intellectual Property Reporting 52

SpicyIP

JULY 28, 2023

The courts have repeatedly held that in the Indian market, if the customers and services offered by the company are different, similar trademarks may be protected. Public perception which is a relevant factor is possible with Twitter due to its current foothold in the market.

Trademark 96

Trademark Marketing Marketing Branding 96

IP and Legal Filings

JANUARY 11, 2024

Patent and Trademark Office (USPTO) has stringent procedures for scent trademark registration. This conundrum is acknowledged in the Official Manual, 2017 of Trade Marks in India, which claims that since odours do not fulfil the definition of a graphical representation, they are not to be recognised. Iconic scents like Chanel No.

Trademark 87

Trademark Intellectual Property Branding Brands 87

The IPKat

NOVEMBER 1, 2021

But what happens when the proprietor of a Chinese registration is ‘beaten to the punch’ in the EU? The GC affirmed a decision of the Board of Appeal (BoA), holding that a registration for AGATE was invalid, having been made in bad faith [BoA decision here , GC decision here , case no T-592/20]. It registered on 21st June 2017.

Registration 76

Registration Public Domain Reporting Marketing 76

azrights

OCTOBER 27, 2023

What can go wrong when trademarks are not used consistently is apparent from a 9 year trademark dispute between Lacoste and Crocodile in New Zealand which concluded in 2017 with Lacoste losing its crocodile trademark. So, the reason the case was so hard fought, is that a registration effectively gives you a broad scope of protection.

Trademark 52

Trademark Branding Brands Branding 52

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.” In 2017, Defendants’ executive assistant sent emails to Steven Sikes from SoFi seeking to schedule a meeting between Mr. Sikes and Mr. Plashkes. Bar associations, do better.

IP 72

IP Advertising Advertising Copyright 72

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. 52(1)(a) and (b) of the same Regulation, autonomous and exclusive?

Art 67

Art Registration Registering Trademarks Intellectual Property 67

IP and Legal Filings

FEBRUARY 20, 2022

As a result, slogan registration is frequently denied due to a lack of distinctiveness. The criterion for distinctiveness for slogans is the same as for other word marks, i.e., it should be examined in light of the goods or services for which registration has been sought, as well as the public’s perception of the mark.

Trademark 53

Trademark Advertising Advertising Registration 53

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 111

Registration Fair Use Copyright Designs 111

IP Tech Blog

AUGUST 18, 2023

An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US. On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective.

Litigation 98

Litigation Patent Intellectual Property Branding 98

SpicyIP

APRIL 15, 2022

PPL regarding the conflict over registration as collecting societies. Importantly, the court has clarified that the registration of RMPL would not prejudice the decision on the registration of PPL. The Court has also made a prima facie observation that PPL got “hopes” of registration from correspondences with the Registrar.

Registration 105

Registration Licensing Copyright Litigation 105

43(B)log

JULY 18, 2022

Vintage counterclaimed, alleging that Penn State’s registrations were invalid and should be cancelled on account of the ornamentality of the use. Penn State registered this image in 2017 for use on metal novelty license plates and apparel. not whether Penn State could get a valid registration for its marks used as marks.)

Registration 86

Registration Trademark Licensing Branding 86