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

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 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

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 52

Design Patent Designs Design Patent 52

The TTABlog

MAY 29, 2024

The same applicant met the same fate in this attempt to register that same phrase for "Online retail store services featuring clothing, jewelry, bags, gifts, home goods, hats, blankets, mugs, belts, branded gift bags, floor mats, keychains, novelty toys for playing jokes, and pillows." See Mayweather , 2020 WL 6689736, at *3.

Service Mark 116

Service Mark Branding Brands Branding 116

Patently-O

NOVEMBER 21, 2022

Rather, the defendant must “prominently display the Sunset brand name in a manner that leaves no reasonable confusion that what is being sold. is a Sunset brand filter.” ” In general, that amount of evidence is insufficient to support a product design trade dress registration. District Court Opinion.

Designs 74

Designs Design Registration Trademark 74

Dragons' Den

SEPTEMBER 21, 2023

In 2020, Ben launched his own trade marked brand called ‘Uptheir Clothing’. Now, having trade marked ‘Uptheir’ as a brand name, more than 90% of Ben’s products are ‘own brand’. This means more favourable margins by not having to pay other brands for use of their brand name. Can you tell me how that happened?

Branding 119

Branding Brands Branding Business 119

IP Intelligence

MAY 9, 2024

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.” Despite all the detailed evidence, the examiner continued to refuse to register the mark because it consisted of a nondistinctive product design. 2] 15 U.S.C.

Advertising 98

Advertising Advertising Trademark Registration 98

IPilogue

JULY 15, 2021

Behind every costume is a designer whose vision and design breathes life into characters. But behind every designer, other figures may undercut and miscredit them. Disney’s Cruella , released in May 2021 , tells the story of two haute couture designers battling for recognition in the fashion industry.

Licensing 106

Licensing Contracts Designs Design 106

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings.

Litigation 52

Litigation Settlement Marketing Marketing 52

IP Close Up

FEBRUARY 13, 2024

Between 2005 and 2020 the number of U.S. design patent grants almost tripled. The increased focus on product form (“look”) as a part of function, Continue reading

Design Patent 77

Design Patent Designs Design IP 77

The IPKat

DECEMBER 9, 2021

The General Court rejected an appeal brought by AC Milan (nicknamed also Rossoneri) and considered that the brand characterizing Rossoneri’s emblem could not be registered as an EU trade mark (EUTM) since it would give rise to a likelihood of confusion with the earlier German trade mark ‘Milan’ held by the company InterES.

Branding 94

Branding Brands Branding Registration 94

IPilogue

MARCH 6, 2023

On December 26, 2022, the Japanese IP High Court dismissed an appeal from Christian Louboutin (“Louboutin”), a shoe designer known for its iconic red-bottom heels, in its action against Japanese shoe designer, Eizo Collection Co., Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. 2015-29921 ).

IP 59

IP Branding Brands Branding 59

Bio Law Blog

JANUARY 8, 2020

2020 will also usher in some notable changes expanding the scope of products that are regulated and litigated under the BPCIA. In particular, after March 23, 2020 , a marketing application for a biological product that historically could have been submitted under Section 505 of the FD&C Act (e.g.,

Marketing 40

Marketing Marketing Settlement Litigation 40

Patently-O

DECEMBER 20, 2022

I have one branded FIDELO with a carbon-fiber case that claims to block scammers trying to read the chip on my credit card. Mosaic Brands, Inc. In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation.

Art 124

Art Branding Brands Branding 124

azrights

MARCH 10, 2022

In my case, I wish my podcast had more than 10,000 downloads, but there again when I set it up two years ago on 6 May I was primarily aiming to use the podcast as a way to interview people and learn more about branding for the book I wanted to write. Steep Learning Curve to Learn About Branding.

Business 52

Business Branding Brands Branding 52

Intellectual Property Office Blog

JUNE 30, 2021

There can be very few clothes designers who can create bespoke pants for every shape and size, from your youngest cousin to your grandad. But Dundee-based designer, Deborah, does exactly that as she sells clothes from sizes XXS to 6XL. She protects her designs from copycat products using intellectual property rights.

IP 78

IP Intellectual Property Designs Design 78

azrights

MAY 10, 2022

Not understanding the role of Brand Names in Business led to China Tang having to rebrand even though they had been using the name for 12 years. Read, listen to podcasts and audio books, take courses such as Brand Tuned to discover better ways to design your business, get clients, and serve your existing ones. Business is hard.

Business 98

Business Branding Brands Branding 98

The IPKat

NOVEMBER 9, 2021

The event was, as ever, chaired by PermaKat Prof Dr Eleonora Rosati together with Giulia Gasparin, and the calibre and range of the speakers was bound to result in lively discussion; with panellists from marketplaces such as Amazon, Zalando and Etsy engaging in discussion with brand and consumer voices as well as private practice lawyers.

Reporting 128

Reporting Law Due Diligence Branding 128

SpicyIP

JANUARY 23, 2023

Aparajita discusses the key arguments made by Pfizer/ BioNTech in her piece and raises question on enforceability of Moderna’s patents in light of its 2020 patent pledge. The Defendant argued that the suit design was published prior to the date of registration under a different trade name.

Designs 105

Designs Design Invention Registration 105

IPilogue

APRIL 13, 2022

Since this discovery, companies and brands in the food and beverage industry have sought to carve out a unique space in the marketplace for food and sound pairings, making the combination itself the centrepiece for more extensive marketing campaigns invoking a particular “atmosphere” or “experience.” Beer companies like North Brewing Co.

Trademark 122

Trademark Intellectual Property Intellectual Property Law Music 122

The IP Law Blog

MARCH 5, 2021

Put in common parlance, if the general public primarily understands the word to designate the product rather than the producer , the word is generic. There is a two-part test used to determine whether a designation is generic: (1) What is the class of goods or services at issue? This is commonly referred to as Genericide.

Trademark 85

Trademark Branding Brands Branding 85

LexBlog IP

DECEMBER 26, 2023

I made a logo for Bob’s Burgers for selling burgers on Tailor Brands’ logo maker website. If you asked for something that looks like the Starbucks logo, rather than just asking it to design a logo for a coffee shop, that would weigh on the side of what it created being infringement. This isn’t limited to logo design.

Designs 52

Designs Design Trademark Copyright 52

Biswajit Sarkar Copyright Blog

SEPTEMBER 14, 2022

These innovations and technologies have resulted in the increased use of intellectual property rights, so that the inventions and all the new creations designs by the automotives are protected and the works are not exploited. Designing as a whole is a very long and a time-consuming process.

Intellectual Property 52

Intellectual Property Invention Branding Brands 52

IP and Legal Filings

FEBRUARY 7, 2023

Their rights will be protected thanks to the metaverse brands’ trademarks. According to a Bloomberg Intelligence report [2] , the worldwide revenue opportunity from the metaverse is predicted to hit $800 billion in 2024, up from the estimated $500 billion in revenue generated by the metaverse in 2020. What is the Metaverse?

Trademark 83

Trademark Non-Fungible Tokens Branding Brands 83

IP and Legal Filings

MARCH 14, 2022

. (“Chanel”), is an iconic fashion company based in New York known for its luxury fashion products and owns rights to several Chanel and CC monograms trademarks associated with the brand design. The brand was not involved with selling second handed or vintage goods. RealReal, Inc. 3d 422 (S.D.N.Y.

False Advertising 52

False Advertising Branding Brands Branding 52

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

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. App’x 16 (2d Cir. Dr. Seuss Enters.,

Blogging 112

Blogging Trademark Branding Brands 112

43(B)log

FEBRUARY 21, 2024

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.” WCT’s principal testified that he continued developing a new version of the Bike+ app from 2017 until 2020, writing “over 2.4 Peloton’s core brand is Peloton.

Marketing 59

Marketing Marketing Trademark Branding 59

IPilogue

DECEMBER 6, 2021

However, HBC’s registration over its design mark was expunged by the Canadian Intellectual Property Office on September 24, 2020 for failure to renew. However, HBC retains other registered marks, such as the Zellers Optical , Zellers More Credit Card , and the Zellers Portrait Studio & Design. Pestco Co. , Stay Tuned.

Trademark 111

Trademark Intellectual Property Intellectual Property Law Registration 111

IPilogue

JULY 27, 2021

French champagne producers are protected by intellectual property rules established by the World Trade Organization (WTO) that gives them a monopoly over the use of their brands. Franck Riester, France’s foreign trade minister, discussed the possibility of defending the interests of French champagne producers through legal action.

Trademark Law 106

Trademark Law Intellectual Property Branding Brands 106

IPilogue

MARCH 28, 2023

The Los Angeles-based (“San Antonio”) is known for their Stella Rosa brand that they have produced under the trademarks since 1998. Jiaxing registered “RIBOLI” in 2018 for clothing and shoes and in 2020 for kitchen products. they can designate a person in the U.S. They did so under s. 1051(e) which allows U.S.

Trademark 105

Trademark Government Ownership Designs 105

Dragons' Den

FEBRUARY 15, 2024

Perfect for any naughty puppy owners, these cards are designed to be safe for dogs to eat. A quick look on the IPO trade mark register shows that she registered her business name as a trade mark in 2020. You can register up to 50 designs for £150, which can last up to 25 years if renewed every 5 years.

Blogging 52

Blogging IP Business Designs 52

IIPRD

SEPTEMBER 17, 2021

The famous brand Lays, during the ICC World Cup 2011 launched 6 new flavors, named after the countries playing the match, India, Sri Lanka, West Indies, Australia, England, and South Africa. COPYRIGHT OR DESIGN. It is possible for a product to fall under both Copyright and Design categories. It is an either-or choice.

Editing 52

Editing IP Artistic Work Designs 52

43(B)log

FEBRUARY 4, 2022

Since in or about late 2020, ML Fashion has been receiving calls from vendors about unpaid bills or about where to ship certain goods that have turned out to be for Nobelle.” The merchandise was neither branded “Nobelle” or with any mark owned by plaintiffs. This allegedly showed confusion about whether plaintiffs backed defendants.

False Advertising 83

False Advertising Advertising Advertising Designs 83

Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 1125(c)(3)(A). 1125(c)(3)(A).

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

The IPKat

JANUARY 29, 2024

In a recent decision which has divided trade mark practitioners across the UK, the High Court of Justice of England and Wales (the Court) found that Aldi's own-brand cloudy lemon cider product had not infringed the trade mark rights in the packaging of the product it was inspired by.

Branding 62

Branding Brands Branding Marketing 62