43(B)log

SEPTEMBER 28, 2021

Vampire Family Brands, LLC v. MPL Brands, Inc., Unsurprisingly, the trademark claims survive a motion to dismiss, but associated false advertising claims don’t. Similarly, VFB alleged that a real “margarita” is made with tequila and, therefore, the absence of tequila from MPL’s Margarita Cocktail constituted false advertising.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

The IPKat

JULY 20, 2023

By decision dated June 15, 2023 ( original Romanian version and English machine translation ) the EUIPO rejected the application for registration of a European Union sound trade mark featuring the nursery rhyme “ Johnny Johnny Yes Papa ” on the grounds of lack of distinctiveness.

Registration 40

Registration Music Branding Brands 40

Plagiarism Today

APRIL 11, 2022

Earlier this month, the ecommerce site Etsy announced that they are launching a new intellectual property portal that they hope will make it easier for brands, creators and other rightsholders to report listings that are infringing on their rights. Users login with their Etsy account and then first register their brand.

IP 247

IP Intellectual Property Reporting Branding 247

The TTABlog

APRIL 22, 2024

Hostess Brands, owner of the registered mark SUZY Q'S for "cake," opposed the application of Holly Sue Williams to register the mark SUZYQ for "Backpacks; Wallets” and “purses," claiming a likelihood of confusion under Section 2(d). Hostess Brands, LLC v. million for the years ended December 31, 2022, 2021 and 2020 respectively.

Branding 44

Branding Brands Branding Social Media 44

Erik K Pelton

DECEMBER 20, 2022

And the number of active trademark registrations in the USPTO database is larger than ever. Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

The TTABlog

DECEMBER 21, 2021

The NAKED condom case returned to the TTAB after a CAFC reversal [ TTABlogged here ] and the Supreme Court's denial of the registrant's petition for writ of certiorari (September 2021). Nor did respondent have advertising material or seek FDA approval.

Registration 51

Registration Contracts Advertising Advertising 51

Patently-O

NOVEMBER 21, 2022

With the trademark registration in-hand, the district court partially granted SoClean’s motion for preliminary injunction. However, instead of barring Sunset from selling its competing products, it prohibited Sunset marketing or advertising its filter in any bare form. is a Sunset brand filter.” is a Sunset brand filter.”

Designs 75

Designs Design Registration Trademark 75

The IPKat

APRIL 13, 2023

filed an application for registration of a multimedia trade mark consisting of a 22-second video featuring super-hero “Super Simon” going on holiday in comic book style. On 4 th February 2020 (the decision is available in Dutch), the EUIPO examiner refused the application due to lack of distinctiveness pursuant to art.

Television 95

Television Advertising Advertising Registration 95

LexBlog IP

MARCH 30, 2022

There has been an outpouring of concerned citizens the world over who are hoping to help provide assistance, and a number of brands have launched “cause marketing” campaigns aimed at expressing support for the Ukrainian cause and providing financial assistance to those who are displaced.

Marketing 52

Marketing Marketing Cease and Desist Branding 52

The IP Law Blog

MARCH 5, 2021

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. Xerox ran an advertising campaign “You can’t Xerox a Xerox on a Xerox. This is commonly referred to as Genericide.

Trademark 85

Trademark Branding Brands Branding 85

The IPKat

NOVEMBER 12, 2021

As a fan of gin, this guest Kat could not help but notice a recent decision of the UK IPO Opposition division involving two “Hare” brands. The application was published for opposition on 27th March 2020. On 26th June 2020, Whittaker’s opposed part of Little Hare Gin’s application. So let’s take a look at what happened.

Branding 110

Branding Brands Branding Public Domain 110

The IPKat

NOVEMBER 29, 2021

Whilst there are conflicting views as to whether this technological concept should be taken seriously, it is without a doubt that metaverse is appearing more frequently in company’s branding efforts. The Fashion Law recently wrote a post specifically discussing what the metaverse means for trade mark owners.

Blogging 73

Blogging IP Contracts Reporting 73

43(B)log

JANUARY 5, 2024

Plaintiff has seven registered trademarks involving Florida Virtual School or FLVS; two of the registrations are incontestable. registrations with graphical elements The “Florida Online School” mark included an image of a Florida panther. blurry panther mark Strength: Plaintiff’s marks at issue were all highly descriptive.

Branding 59

Branding Brands Branding Marketing 59

The IPKat

JANUARY 14, 2022

26 [2020], First, Civil, IP, 01, Shaanxi Intermediate People’s Court of Shaanxi Province. To support that, SLC cited the once high-profile J’adore Dior trade mark case in China (IPKat post here ) in which the three-dimensional mark at issue, also a perfume bottle, was not granted trade mark registration at that time.

Law 142

Law Registration Branding Brands 142

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

LexBlog IP

JANUARY 17, 2024

In Australia, the burger debate was first brought to our attention in 2020 following a marketing campaign by Hungry Jack’s Pty Ltd ( Hungry Jack’s ) for its limited-edition Big Jack burger. From the Big Mac v Big Jack to the KFC v HFC – 2023 was the year of the burger.

Marketing 52

Marketing Marketing Branding Brands 52

IP Tech Blog

AUGUST 22, 2022

The concept of Metaverse as an online framework for economic interoperability was born in and around 2020. Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and commodities. Article 2.4

Design Patent 57

Design Patent Designs Design Patent 57

TorrentFreak

MARCH 1, 2024

New Law Isn’t a VPN Ban, Illegal VPNs Are Already Banned Sites blocked by the government, whether they’re pirate sites or those branded extremist by the state, are blocked for good reasons, authorities insist. As a result, 167 unregistered VPN providers and 200 email providers were blocked according to a report last October.

Government 115

Government Privacy Publishing Law 115

Kluwer Copyright Blog

OCTOBER 30, 2023

Lidl is described in the judgment as a “discounter” supermarket: it focuses on own-branded products and a “more curated selection of goods thus enabling greater control over price” (Paragraph [51]). Trade mark infringement Lidl relied on various registrations for each of: the Mark with Text, and the Wordless Mark.

Copyright 57

Copyright Copying Branding Design 57

The IPKat

NOVEMBER 27, 2023

Background On 12 April 2022 Paredes Holding Center SL (the Applicant) filed an application for the EU registration of the position trade mark no. The public has become accustomed to identifying a particular brand of running shoe or sports shirt based solely on a distinctive sign. 7 (1)(b) of the EUTMR.

Television 70

Television Branding Brands Branding 70

Garrigues Blog

JUNE 1, 2021

Autocontrol and Asociación Española de Anunciantes (Spanish Advertisers’ Association or AEA) agree on the ethical standards that should be applied to advertising by influencers from January 1, 2021. Banksy Case: registration of a trademark in bad faith and the price of anonymity. There will be a sequel!

Blogging 52

Blogging IP Advertising Advertising 52

IIPRD

AUGUST 4, 2022

However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. In today’s market, a distinct brand identity is critical in all company sectors. Influencers that make a lot of money from internet marketing must also defend their own brand identification. Trademarks.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

JUNE 20, 2022

It has a 2014 registration for “Darkside NYC” for live musical performances by a band; the production of musical sound recordings; and websites with information about music or entertainment. The music on Spotify between 2014 and 2020 held “the same potential to confuse Plaintiff’s fans as it does now.” Fans often call it “Darkside.”

Music 59

Music Branding Brands Branding 59

The TTABlog

JUNE 10, 2021

In July 2020, the CAFC remanded to the TTAB the Board's decision that found the proposed mark COOKINPELLETS.COM to be generic for "Processed wood fuel in the nature of pellets for use in barbecue grills," and alternatively merely descriptive of those goods. 2020 USPQ2d 10729 (2020). TTABlogged here ]. Booking.com B.V.

Advertising 52

Advertising Advertising Social Media Marketing 52

IP Tech Blog

AUGUST 17, 2022

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. The smaller brewery was filling legitimately recycled Tsingtao bottles with their own beer. The MSA Decision.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. I made a logo for Bob’s Burgers for selling burgers on Tailor Brands’ logo maker website. Can you use it in the ways you want to?

Designs 52

Designs Design Trademark Copyright 52

IP and Legal Filings

FEBRUARY 4, 2022

Plaintiffs saw an advertising for Defendants’ syrup/sharbat, which had the mark ‘DilAfza’ on it and was packaged in deceptively similar ringlet bottles to the ‘RoohAfza’ bottle.As Plaintiffs have Class 32 registrations as well. ” Judgment.

Registration 81

Registration Trademark Trademark Law Marketing 81

IPilogue

JANUARY 14, 2022

Our hard-working students and community members published more than twice as many articles than in 2020 and the most articles in a calendar year since 2011. Like most countries, Canada bars the registration of “clearly descriptive” trademarks to prevent applicants from monopolizing words that merely describe the goods or services at hand.

IP 105

IP Copyright Infringement Inventor Intellectual Property 105

The IPKat

OCTOBER 15, 2021

Stone had began marketing an online ‘metaphysical education’ course under the brand ‘ARCHANGEL ALCHEMY’ in or around July 2019, with the course first starting on 23 September 2019 and running until 21 September 2020. In that regard, the use made of the sign in advertising and commercial correspondence is of particular relevance.”

Business 81

Business Social Media Registration Intellectual Property 81

TorrentFreak

DECEMBER 6, 2021

“This site is stripped of all AATV branding and designed to appear like it sells VPN software to consumers,” the complaint notes, adding: “Defendants’ actions are consistent with an intent to operate the AATV service in covert manner because they know the service is illegal.”

Copyright Infringement 133

Copyright Infringement Licensing Copying Copyright 133

The IPKat

JUNE 23, 2022

Given that finding and clearing a new brand purely from a legal perspective can take months, it is interesting to note that when a Defendant loses an infringement case it will almost certainly be ordered to rebrand within days, weeks at the most. The parties were back in court in January for a form of order hearing.

Branding 70

Branding Brands Branding Litigation 70

The IPKat

DECEMBER 16, 2021

Interested readers can find the Africa IP Highlights 2020, here. While Morison branded its medicine with the generic “PARACETAMOL”, with reference to its registered trademarks “MSJ” and “MORISON” on the packaging, CPL used the name “CONPHAMOL”. CPL and Morison were both manufacturers of paracetamol painkillers.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

IP Intelligence

MAY 9, 2024

Color marks are considered inherently nondistinctive for the purpose of eligibility for federal trademark registration. In April 2020, Post Foods LLC (Post) applied to register a trademark for the various colors of its Fruity Pebbles cereal in International Class 30 for “breakfast cereals.” puff rice balls and other shapes).

Advertising 98

Advertising Advertising Trademark Registration 98

IP Whiteboard

NOVEMBER 18, 2020

The first is a recent decision of the Australian Federal Court in Manly Warringah Cabs (Trading) Co-operative Limited v Sydney Taxis Pty Ltd, in the matter of Sydney Taxis Pty Ltd (No 2) [2020] FCA 1336. The Disputed Numbers were associated with the Manly Cabs brand, with some featuring as part of the livery of Manly Cabs’ taxis.

Branding 40

Branding Brands Branding Business 40

Kashishipr

SEPTEMBER 8, 2021

A trademark is typically a sign, logo, symbol, word, phrase, design, or combination of them, which identifies the product or service of a particular brand. It recognizes the corporate identity of the brand. To sell the product, using the brand name makes it a trademark. Acquiring Secondary Meaning.

Trademark 105

Trademark Registration Branding Brands 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 principal testified that he continued developing a new version of the Bike+ app from 2017 until 2020, writing “over 2.4 After an inquiry, Apple confirmed in December 2020 that the bug was fixed. World Champ Tech LLC v.

Marketing 59

Marketing Marketing Trademark Registration 59

The TTABlog

JANUARY 5, 2022

Tempting Brands Netherlands B.V. The TTAB dismissed the Olympic Committee’s opposition to registration of the mark PIERRE DE COUBERTIN for various goods in classes 3, 9, 14, 18, 25, and 28, including perfume, sunglasses, jewelry, luggage, clothing, and sporting goods. The United States Olympic Committee v. TTABlogged here ].

Registration 111

Registration Advertising Advertising Music 111