LexBlog IP

JUNE 15, 2023

2020), vacated and remanded , No. When artistic expression is at issue, however, the general likelihood-of-confusion test fails to account for the full weight of the public’s interest in free expression. Grimaldi , 875 F.2d 2d 994 (2d Cir. Jack Daniel’s Properties, Inc. , 3d 1170 (9th Cir. 22-148, 2023 WL 3872519 (U.S.

Trademark 52

Trademark Fair Use Design Designs 52

IP Intelligence

JUNE 15, 2023

2020), vacated and remanded , No. When artistic expression is at issue, however, the general likelihood-of-confusion test fails to account for the full weight of the public’s interest in free expression. Grimaldi , 875 F.2d 2d 994 (2d Cir. Jack Daniel’s Properties, Inc. , 3d 1170 (9th Cir. 22-148, 2023 WL 3872519 (U.S.

Trademark 52

Trademark Fair Use Design Designs 52

The IPKat

SEPTEMBER 3, 2022

In 2020, the board dismissed the appeal in its entirety and found that there was a likelihood of confusion pursuant to Article 8(1)(b). It followed that, contrary to what the applicant had submitted, first, the relevant public was likely to break down the mark applied for into ‘tiger’ and ‘cat’. In a judgment (Case T?251/21

Graphic Design 52

Graphic Design Designs Design Registration 52

The TTABlog

JULY 2, 2021

Section 2(a) - False Suggestion of a Connection: Gilead Science Loses Opposition to GILEAD CAPITAL: No Section 2(d) Likelihood of Confusion and No 2(a) False Connection Section 2(d) - Likelihood of Confusion: TTABlog Test: Is QUARRY VINEYARD Confusable with PEDRERA for Wine? Precedential Nos.

Registration 52

Registration Design Designs Trademark 52

The IPKat

NOVEMBER 27, 2023

Floor cleaning appears to be big business, with the claimant enjoying more than £17m in turnover in 2020 (boosted by the pandemic, perhaps?). Darren Meale of Simmons & Simmons presents the thirteenth volume in his rundown of notable trade mark cases over the past six months. ICE, ICE, acquiescence maybe?

Editing 67

Editing Registration Branding Brands 67

43(B)log

SEPTEMBER 1, 2021

What about other evidence of sales etc.? What about other evidence of sales etc.? May 19, 2021) Mandabach produces the TV series Peaky Blinders , and it alleged that it owned trademarks and other intellectual property of the show “and certain quotations/sayings/phrases from the show.” Did Mandabach have valid marks?

Social Media 93

Social Media Television False Advertising Artistic Work 93

The IPKat

AUGUST 4, 2023

Here’s what Jan writes: Court of appeal The Hague: free-riding not possible if reputed brand has suffered continuous decline by Jan Jacobi Bankruptcies happen all the time. Yet, what is the impact to a reputation when a brand has been slowly dying due to decreased sales and gradual closing downs of shops?

Branding 52

Branding Brands Branding Marketing 52

43(B)log

AUGUST 19, 2021

CVS Pharmacy, 2020 WL 8991698, No. 15, 2020) Youngblood bought an acetaminophen product for infants, believing based on its packaging that it was specifically formulated for infants and therefore different from CVS’s acetaminophen product for children. Youngblood v. 20-cv-06251-MCS-MRW (C.D. However, they are both dosed at 160 mg/5 mL.

False Advertising 59

False Advertising Advertising Advertising 59

IP Intelligence

JUNE 14, 2023

2020), vacated and remanded , No. When artistic expression is at issue, however, the general likelihood-of-confusion test fails to account for the full weight of the public’s interest in free expression. Grimaldi , 875 F.2d 2d 994 (2d Cir. Jack Daniel’s Properties, Inc. , 3d 1170 (9th Cir. 22-148, 2023 WL 3872519 (U.S.

Trademark 40

Trademark Fair Use Design Designs 40

TorrentFreak

AUGUST 13, 2024

In the UK, the Premier League has been taking a similar approach for years, with the High Court – and now the Paris Court – weighing piracy services’ past behavior against the likelihood of piracy resuming when the new season begins. However, under Article L. For example, the domain lol-foot.ru

Reporting 90

Reporting IP Copyright 90

The IPKat

JANUARY 6, 2022

Darren Meale of Simmons & Simmons presents the tenth volume in his rundown of notable trade mark cases over the past six months. Here we go! Retromark Volume X: the last six months in trade marks by Darren Meale Retromark turns ten volumes, making it about four and a half human years old. Here’s another 10 highlights for your consideration.

Registration 96

Registration Cease and Desist Branding Brands 96

The IPKat

SEPTEMBER 4, 2023

Background This case relates to the “Cobra” sports car (pictured below) which came into being in 1962 when the American racing driver Caroll Shelby (famously depicted by Matt Damon in the film Ford vs Ferrari ) requested that a Ford engine be installed into the modified chassis of a car produced by a firm called AC Cars, at its factory in Surrey.

IP 67

IP Litigation Intellectual Property Registration 67

The TTABlog

SEPTEMBER 30, 2021

Section 2(a) - False Suggestion of a Connection: TTAB Denies Fraud Claim But Grants Petition to Cancel SEYIDOGLU Registration on Section 2(a) False Connection Ground Section 2(d) - Likelihood of Confusion: TTABlog Test: Which of These Three Section 2(d) Refusals Was Reversed? You may also follow the TTABlog on Twitter: @TTABlog.

Registration 57

Registration Designs Design Trademark 57

IPilogue

DECEMBER 6, 2021

What does the colour red, an in-store family diner, and Zeddy the teddy bear remind you of? What does the colour red, an in-store family diner, and Zeddy the teddy bear remind you of? However, HBC’s registration over its design mark was expunged by the Canadian Intellectual Property Office on September 24, 2020 for failure to renew.

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Trademark Intellectual Property Intellectual Property Law Registration 111

The IPKat

JULY 16, 2021

Readers may remember that, back in September 2020, the CJEU considered whether there was a likelihood of confusion where a mark being filed for registration was that of MESSI, renowned football player that everyone has heard of in one context or another (the existing mark upon which opposition was based which was ‘MASSI’).

Music 52

Music Television Registration Law 52

Patently-O

MAY 9, 2024

As the dissent by Justice Gorsuch notes, this is a big caveat for the case, and there is some likelihood that in a separate case the court will entirely eliminate the discovery accrual rule. 2020), which imposed a three-year damages cap even on claims that were timely under the discovery accrual rule. Nealy , No. 22-1078, 601 U.S.

Copyright 89

Copyright Music Due Diligence Licensing 89

Patent Trademark Blog

APRIL 21, 2022

What is the design patent infringement test? What seems so hard about looking at two designs and determining whether appear substantially similar to an ordinary observer? Practically speaking, it means that the ordinary observer knows that what designs already existed before the filing of the patented design.

Design Patent 52

Design Patent Patent Infringement Designs Design 52

43(B)log

AUGUST 19, 2021

By August 2020, CasperLabs had begun referring to its blockchain protocol and forthcoming token as “Casper.” It filed an application to register CASPER as a trademark in connection with blockchain technology; the registration issued in November 2020. CasperLabs, LLC, 2021 WL 1164985, No. 21cv474-GPC(AHG) (S.D.

Registration 72

Registration Social Media Trademark Registering Trademarks 72

The TTABlog

JUNE 14, 2021

3d 1370, 2020 USPQ2d 10837, at *3 (Fed. 2020) (citing Lexmark Int’l, Inc. 3d 1298, 2020 USPQ2d 11277, at *6-7 (Fed. 2020), cert. AWP claim didn't travel very far because it failed to prove its entitlement (f/k/a standing) to bring this cancellation petition and it also failed to prove priority. AWP USA Inc. 4 (2014)).

Registration 52

Registration Ownership Advertising Advertising 52

43(B)log

MAY 2, 2022

28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. Chanel, Inc. WGACA, LLC, 2022 WL 902931, No. 2253 (LLS) (S.D.N.Y. The rest had to await a factfinder.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

The IPKat

AUGUST 30, 2024

The First Defendant, UK Innovations Group Limited (UKIG), was set up in 2020 to launch a product known as the “Stone Cooker”, a range cooker with an electric control system (eControl System) developed by the Second Defendant, Mr McGinley.

Artistic Work 56

Artistic Work Design Designs Marketing 56

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. Copyright Confusion: Sony Upsetting Nintendo YouTubers by Natalie Bravo. Photo by Engin Akyurt ( Unsplash ). 2021 was an exciting year for the IPilogue. David Vaver. David Vaver.

IP 105

IP Copyright Infringement Inventor Intellectual Property 105

IP and Legal Filings

OCTOBER 23, 2024

That which we call a rose by any other name would smell as sweet.” [1] 1] Shakespeare couldn’t have foreseen the importance a name could hold and that a lot is actually in a name. This is because names mean so much in today’s society, especially when it comes to business and intellectual property.

Trademark 62

Trademark Registration Branding Brands 62

SpicyIP

AUGUST 7, 2023

Last week was full of exciting discussions on the blog. Lokesh wrote a post on the 2023 amendments to the Cinematograph Act, 1952 and put out the second post in our ‘SpicyIP Flashback’ series. Anything important we’re missing out on? Drop us a comment below! The last date to apply is August 12, 2023. Case: Dr. Reddys Laboratories Ltd.

Copyright Infringement 88

Copyright Infringement Trademark Law Copyright 88

The IPKat

JUNE 23, 2022

Darren Meale of Simmons & Simmons presents the eleventh volume in his rundown of notable trade mark cases over the past six months. A bumper crop of candidates presented themselves for inclusion in this volume, these are the 10 that made the cut. The parties were back in court in January for a form of order hearing.

Branding 70

Branding Brands Branding Litigation 70

Garrigues Blog

OCTOBER 11, 2022

An EU proposal for a regulation could help protect craft products and the qualities attributed to specific local skills and traditions. Talavera pottery, Elche footwear and Albacete knives are undoubtedly well-known the world over. The challenge now is to protect them on the register as geographical indications of craft and industrial products.

Registration 52

Registration Marketing Marketing Design 52

IP Whiteboard

OCTOBER 15, 2020

There are conflicting views on whether content generated by AI should be eligible for copyright protection, on what basis and who should benefit from it. Countries and organisations around the world are paying greater attention to the intersection of artificial intelligence ( AI ) and intellectual property ( IP ).

IP 40

IP Intellectual Property Invention Copyright 40

43(B)log

MARCH 25, 2024

Let’s just say that, five years ago, this would have struck me as an unlikely result, and in 2020 the decision to file in Texas would have been much less complicated; even in 2022, I would have expected the district court to be upheld. 21, 2024) The sudden shift in the political valence of the commercial speech doctrine strikes again!

Advertising 64

Advertising Advertising Social Media Government 64

The IPKat

FEBRUARY 23, 2023

Former GuestKat Darren Meale of Simmons & Simmons presents the twelfth volume in his rundown of notable trade mark cases over the past six months: Retromark Volume XII: the last six months in trade marks by Darren Meale Volume XII has taken a little longer than usual to pull together, but there’s been plenty of good material to squeeze into it.

Registration 73

Registration Advertising Advertising Law 73

Patently-O

JANUARY 12, 2023

The genomic sequence of SARS-CoV-2 (the virus responsible for COVID-19) was first identified in early January 2020 by a team of researchers in China. Like many others , I am concerned that PERA would make newly identified human genetic variants with significant health implications (e.g., I have previously discussed these concerns here.

Business 90

Business Patent Technology Marketing 90

Kluwer Copyright Blog

OCTOBER 30, 2023

The precise details of what is being appealed is not yet known. As part of this scheme, in September 2020, Tesco introduced the Clubcard Prices promotion: Tesco Clubcard holders were given discounts at the point of sale on certain products. The judge held that certain of these Wordless Marks were invalid for bad faith.

Copyright 57

Copyright Copying Branding Design 57

Technology & Marketing Law Blog

MARCH 10, 2022

In March 2020, plaintiffs began to have concerns about defendants’ loyalties to the business. The court says plaintiffs adequately allege likelihood of confusion and also satisfy standing under Lexmark. This is an employer/ex-employee dispute over a Facebook page. It had approximately 4,000 followers.

Social Media 76

Social Media Contracts Ownership Business 76

The IPKat

MARCH 25, 2022

Let’s see what happened. On 30 July 2020, DC filed a Notice of Opposition and Statement of Grounds. Such a case would inevitably make a reappearance, this time before the England and Wales High Court (EWHC), which found - in its decision of 2 March 2022 - that DC’s appeal should be dismissed once more. This decision was appealed.

Artistic Work 94

Artistic Work Registration Law IP 94

Technology & Marketing Law Blog

DECEMBER 6, 2022

The next part debunks some of the myths that have grown up around the hiQ case during the years of judicial confusion it has caused.]. In the fall of 2020, hiQ Labs had its antitrust claims dismissed. [Eric’s note: this is the first of a two-part series on the denouement of the hiQ v. LinkedIn case. hiQ Labs, Inc. LinkedIn Corp.

Blogging 72

Blogging Contracts Litigation Law 72

Technology & Marketing Law Blog

DECEMBER 11, 2023

by guest blogger Christine Haight Farley Because it is grading season, when I read the Second Circuit’s per curiam decision in Vans, Inc. MSCHF Prod. Studio, Inc. LEXIS 32063 (2d Cir. 2023), I already had my red grading pen out. The last is a classic Fall semester 1L error that I admonish my students to never make. VIP Prods. , Grimaldi , 875 F.2d

Blogging 107

Blogging Trademark Branding Brands 107

The IPKat

JANUARY 29, 2024

The Court's ruling The Court began by clarifying what the sign complained of was, given some lack of clarity in Thatchers' pleadings on this issue.

Branding 60

Branding Brands Branding Marketing 60

IP Tech Blog

MAY 19, 2022

Muzmatch argued that as both marks share this descriptive common element, so it is difficult to conclude that there is a likelihood of confusion between the two marks as the term just describes what each business does. The decision by Nicholas Caddick Q.C com’ or stylistic fonts/devices. com’ or stylistic fonts/devices.

Branding 57

Branding Brands Branding Intellectual Property 57