azrights

MARCH 15, 2021

There are two drivers of brand asset strength: uniqueness and fame. For example, when you see the swoosh logo of the Nike brand you know it represents Nike even though it may be featured on its own with no name accompanying it. If an asset is less famous, it is more likely to be mistakenly attributed to a competitor’s brand.

Branding 52

Branding Brands Branding Trademark 52

Kashishipr

SEPTEMBER 20, 2021

The label in question was designed by an employee of SK Oil Industries. It was in October 2020 when SSPL came to know about NTC’s use of a similar label and trade dress for its set of soya bean edible oil products. It is also the successor of SK Oil Industries. In May 2007, the label mark ‘SOYA DROP’ was registered.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

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 and Legal Filings

JANUARY 26, 2023

2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.

Registration 78

Registration Trademark Trademark Law Law 78

IP and Legal Filings

AUGUST 11, 2021

The Khadi and Village Industries Commission (KVIC) has secured trademark registration for the brand name “Khadi” in three more countries which were Mexico, United Arab Emirates, and Bhutan. With trademark registration in UAE, it was the first time that the brand gets trademark registration in a gulf country.

Registration 52

Registration Trademark Branding Brands 52

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

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

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

The IPKat

APRIL 6, 2023

This decision concerns an opposition to a figurative trade mark registration based on Article 8(5) EUTMR. This application designated goods in classes 10, including “adult sexual simulation kit comprised primarily of adult sexual stimulation aids”, and 25 ("clothing, namely t-shirts, undergarments, and hats being headwear").

Registration 52

Registration Designs Design Music 52

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

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

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

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

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. This registration covered, among other services at Zellers, the overall “operation of department stores”. In 2013, the chain of Zellers stores officially closed.

Trademark 111

Trademark Intellectual Property Intellectual Property Law Registration 111

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). Respondent's evidence and testimony showed that its principal had worked in the birth control industry since 1989, designing a "relaxed-fit" condom.

Registration 51

Registration Contracts Advertising Advertising 51

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

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

Indiana Intellectual Property Law

JUNE 23, 2022

NuStar was granted a registration for its mark RELOADED® under Registration No. According to the Complaint, NuStar learned that Bill Omar Carrasquillo, a rapper and YouTube celebrity known as “ Omi in a Hellcat ,” intended to start an apparel company under the brand name RELOADED. These efforts fell apart in late 2019.

Trademark 52

Trademark Registration Designs Design 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

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

SpicyIP

APRIL 4, 2022

The case decided by a single-judge bench, concerned an allegation of infringement of trademark, disparagement, dilution and tarnishment, damage to reputation, and tarnishment of brand equity filed by Hamdard National Foundation (Hamdard) against Sadar Laboratories (Sadar Labs).

Trademark 119

Trademark Registration Trademark Law Branding 119

Kluwer Copyright Blog

NOVEMBER 26, 2023

Copyright registration may be obtained to create a public record of the work and to assist the copyright owner in enforcement of their rights. Copyright registration in the U.S. On 5 February 2020, the U.S. Copyright Office have failed to show sufficient human involvement to allow their registration to proceed.

Registration 60

Registration Copyright Law Artwork Copyright 60

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. The defendant was “Darveys.com”, it was a “luxury brand marketplace” [6]. Nakul Bajaj & Ors. [4] 344/2018]. [6] 344/2018]. [7]

Marketing 85

Marketing Marketing Trademark Registration 85

IP and Legal Filings

JANUARY 29, 2024

The intended strategy, which calls for a significant investment of time, money, and patience in order to get the international GI brand and introduce GI products to the global market, may be beyond the means of the average artisan or rural producer. Additional analysis has revealed that the registration status varies greatly.

Registration 92

Registration Blogging Designs Design 92

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 60

Copyright Copying Branding Brands 60

The TTABlog

DECEMBER 31, 2021

35: TTAB Grants MIRAGE BRANDS Cancellation Petition Due To Likelihood of Reverse Confusion On Remand from the CAFC, TTAB Denies Petition for Cancellation of "NAKED" Registration for Condoms TTABlog Test: Three Recent Section 2(d) Inter Partes Cases - How Did They Come Out? & Design" for Beer? Yes] Precedential No.

Cinema 67

Cinema Registration Trademark Reporting 67

The IPKat

OCTOBER 19, 2022

If this seems like a déjà vu , it is because it is: indeed, back in 2020 the EU General Court (GC) already considered this question ( T-105/19 , covered on The IPKat here ). Vuitton's Damier Azur Is Louis Vuitton’s Damier Azur pattern distinctive enough to be a trade mark? So, after that, the matter went back to Alicante.

Registration 98

Registration Branding Brands Branding 98

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

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.

Litigation 98

Litigation Patent Intellectual Property Branding 98

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 Branding Brands Branding 142

The TTABlog

AUGUST 25, 2021

Petitioner Jim Beam filed a voluntary withdrawal, without prejudice, of its petition for cancellation of a registration for the mark shown immediately below, for "distilled spirits." Jim Beam Brands Co. In the petition, Jim Beam claimed that JL Beverage's "Lips Mark" was merely ornamental and lacked acquired distinctiveness.

Registration 52

Registration Branding Brands Branding 52

IP and Legal Filings

JUNE 24, 2021

At the latest EPO Index 2020, all countries show a small dip in the patent filing activity, China taking up the 4 th spot has shown an increase in the filing for the said year in 2020 amid pandemic. These increases in the filing show the influx of major companies and foreign brands in China and the growing influence in the region.

Trademark 52

Trademark Registration Business Copying 52

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. Welch 2020-2021. The United States Olympic Committee v.

Registration 111

Registration Advertising Advertising Music 111

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

The IPKat

JANUARY 15, 2024

Background On 6 March 2020, a private individual filed for registration of German word mark no. 363419 ‘COCO’ designating the Federal Republic of Germany and the former Democratic Republic of Germany. It designates their ingredients or scent. 302020101825 ‘HiCoco’. CHANEL opposed the trade mark on the basis of IR no.

Branding 67

Branding Brands Branding Designs 67

LexBlog IP

SEPTEMBER 1, 2021

Schiedmayer Celesta GmbH , [2020-1196] (September 1, 2021), the Federal Circuit affirmed the TTAB’s cancellation of Piano Factory’s registration on Schiedmayer for falsely suggesting a connection with Schiedmayer in violation of Section 2(a). In Piano Factory Group, Inc.

Registration 52

Registration Music Branding Brands 52