IP and Legal Filings

OCTOBER 23, 2024

A brand’s name, particularly when it takes the shape of a trademark, can define its identity, reputation, and value, making it an asset that is valuable to safeguard. Trademarks are unique “marks”, names, symbols, signs, words or phrases that define a brand or company’s products or services.

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Trademark Registration Branding Brands 62

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.

Brands 52

Brands Branding Branding Trademark 52

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

IP and Legal Filings

JANUARY 11, 2024

Trademarks are traditionally considered to be connected with visual elements that include logos, brand names, as well as packaging however, the field of trademarks has widened and it includes non-traditional marks, such as smells, sounds, colors etc. Iconic scents like Chanel No. Iconic scents like Chanel No.

Trademark 105

Trademark Intellectual Property Branding Brands 105

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

IP and Legal Filings

JANUARY 27, 2023

Trademark protection also prevents unscrupulous rivals, such as counterfeiters, from using similar unique marks to market inferior or unrelated goods or services. This is a defensive registration, and the Supreme Court has repeatedly ruled that such registrations should not be promoted.

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Trademark Registering Trademarks Registration Intellectual Property 96

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

LexBlog IP

APRIL 4, 2022

Colorful Roots LLC, the Opposer, Roots Corporation, relied on several of its trademark registrations of ROOTS and its derivatives. Opposer made of record its four ROOTS trademark registrations as well as the testimony declaration of its Chief eCommerce Officer. In Roots Corporation v. b) Relatedness of the goods.

Trademark 52

Trademark Brands Branding Branding 52

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

IP and Legal Filings

APRIL 14, 2023

One such instance was the recent case involving the renowned Basmati Rice Brand ‘DAAWAT’. The suit was filed by the proprietors of the brand, LT Foods Limited ( “Plaintiff” ) against Saraswati Trading Company ( “Defendant” ), who were accused of having diluted the trademarks of the Plaintiff [1]. 2,000 Crores in Financial Year 2020-21.

Trademark 98

Trademark Branding Brands Branding 98

Patently-O

NOVEMBER 21, 2022

The SoClean device has a compact filter that should be replaced every six-months–creating a nice subscription market. With the trademark registration in-hand, the district court partially granted SoClean’s motion for preliminary injunction. is a Sunset brand filter.” is a Sunset brand filter.”

Designs 75

Designs Design Registration Trademark 75

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 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

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. Floor cleaning appears to be big business, with the claimant enjoying more than £17m in turnover in 2020 (boosted by the pandemic, perhaps?).

Editing 67

Editing Registration Branding Brands 67

The TTABlog

OCTOBER 18, 2023

The Board denied a petition to cancel a registration for the mark TORPEDO JUICE for "Alcoholic beverages, except beer; Gin; Liquor; Rum" because Petitioner Oregon Grain failed to prove prior trademark rights in support of its Section 2(d) claim, and failed to provide any evidence to support its nonuse claim.

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Registration Branding Brands Branding 70

TorrentFreak

APRIL 5, 2024

Pressure Increases on Players in the Illicit Market In common with its counterparts in Europe, Sweden had already been paying more attention to those involved in the supply and sale of pirate IPTV subscriptions. A resident of southern Sweden, the man was the alleged registrant of the service’s domain name.

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Reporting Marketing Marketing Copying 100

Indiana Intellectual Property Law

JUNE 23, 2022

Merrillville, Indiana – Plaintiff, NuStar Enterprises LLC (“NuStar”), is a clothing and apparel company that markets and sells clothing and apparel and related accessories. NuStar was granted a registration for its mark RELOADED® under Registration No. Reloaded Merch LLC was organized and created on November 10, 2020.

Trademark 52

Trademark Registration Design Designs 52

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

Biswajit Sarkar Copyright Blog

JULY 19, 2023

Have you ever wanted a pair of PUMA shoes instead of just any local brand? 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. Well, what really is a well-known trademark?

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

JANUARY 29, 2024

Unveiling Merchant Privileges in the Shadows of Craftsmanship Developing nations like India require financial and technical support to market their products internationally and attain the sustainability of GI. Additional analysis has revealed that the registration status varies greatly.

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Registration Blogging Design Designs 98

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. Tsingtao’s choice. The MSA Decision.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

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

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

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

NOVEMBER 14, 2023

of the population of India having ingress to the world wide web and ever growing e-commerce market which is forecasted to reach about twenty billion euros by 2030, it becomes pertinent to analyse the interconnect between these two. [1] Interplay Between Intellectual Property and E-commerce With 48.7%

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. Build your market reputation. Trademarks. Make intangible assets.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

IP and Legal Filings

APRIL 28, 2022

The Trademark Modernization Act of 2020 came into force in December 2020 in the US bringing some of the substantial change in the Lanham Act hoping to better protect the consumer from the confusion with regards to the source of the goods and service. Challenge to Registration. Office Action Response Time.

Registration 52

Registration Trademark Intellectual Property IP 52

The IPKat

JANUARY 14, 2022

In 2019, after spotting a perfume product in China’s market highly similar to its classic N°5 perfume, Chanel took a ‘notarization-throughout purchase’ online and located the alleged infringing product shown below on the right. 26 [2020], First, Civil, IP, 01, Shaanxi Intermediate People’s Court of Shaanxi Province.

Law 142

Law Registration Branding Brands 142

Technology & Marketing Law Blog

JULY 26, 2021

It passed in December 2020, when the CASE Act was attached to an unrelated spending/COVID19 relief bill that politically Congress had to pass. Federal courts typically require the copyright owner to have a copyright registration in hand before suing ( see 17 U.S.C. The CCB is a brand-new legal procedure. 881 (2019)).

Copyright 138

Copyright Law Registration Copyright Infringement 138

LexBlog IP

MAY 10, 2022

The system establishes a drug marketing review and approval process for marketing license applicants who have been found to infringe on a previously granted patent. applied to the State Food and Drug Administration for a generic drug registration and a marketing license as well as a “Type 4.2 Eliezer, Esq.

Intellectual Property 52

Intellectual Property Patent Marketing Marketing 52

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

IP and Legal Filings

NOVEMBER 30, 2022

By integrating 16 nations’ markets, the Regional Comprehensive Economic Partnership (RCEP) aspires to make it simpler for each nation’s goods and services to be available throughout the region. By 2050, the predicted $0.5 The RCEP offers a chance to expand agricultural exports in terms of production, processing, and exports.

Intellectual Property 86

Intellectual Property Marketing Marketing IP 86

IIPRD

MARCH 17, 2023

Subsequently, the healthcare sector has gained precedence and command over the market. The global nutraceutical market (including functional food, functional beverages, and dietary supplements) is anticipated to grow by 7.5% (CAGR) between 2022 and 2027, in which the United State market share is considered to be the biggest.

IP 52

IP Intellectual Property Marketing Marketing 52

The IPKat

NOVEMBER 6, 2021

Here's what Federica writes: The subtle line between “historical” and “reputed” marks – a bird’s-eye view by Federica Pezza Friday, 15 October 2021: we are in Sardinia and an Alitalia-branded plane is about to take-off. Starting from the day after, Italia Trasporto Aereo (ITA) replaced the airline after 74 years of activity.

Intellectual Property 90

Intellectual Property Registration Branding Brands 90

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

IP and Legal Filings

OCTOBER 31, 2023

Indian Trademarks Act of 1999 prohibits the registration of generic trademarks under section 9(1). Ltd (CS(COMM) 217/2020) court determined that the name “DELHIVERY” is a phonetically generic term and cannot be registered as a trademark. Would exclusivity to the term.com indirectly promote anti-competitive market practices?

Trademark 59

Trademark Trademark Law Registration Fair Use 59

SpicyIP

AUGUST 16, 2024

Image by wirestock on Freepik Playing from a “Safe Distance”: Analysing the Rule, its Roots and Application in India By Samridhi Chugh In today’s age of ever-intensifying market competition and mounting infringement litigation, it is only inevitable that the judiciary finds itself compelled to continually update its enforcement arsenal.

Intellectual Property 91

Intellectual Property Litigation Trademark Artistic Work 91