43(B)log

SEPTEMBER 28, 2021

Vampire Family Brands, LLC v. MPL Brands, Inc., CV 20-9482-DMG (ASx), 2021 WL 4134841 (C.D. 6, 2021) VFB sued MPL for Lanham Act, UCL, and FAL violations based on MPL’s “vampiro” cocktail. Unsurprisingly, the trademark claims survive a motion to dismiss, but associated false advertising claims don’t.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

Intepat

MAY 28, 2024

Apple could argue transborder reputation, asserting that its brand’s recognition and reputation extend beyond national borders. Inherent Distinctiveness: The Apple logo and brand name are inherently distinctive due to their unique design and association with the company’s products, such as iPhones, iPads, MacBooks, etc.

Trademark 52

Trademark Intellectual Property Branding Brands 52

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

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

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

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 248

IP Intellectual Property Reporting Branding 248

The IPKat

DECEMBER 16, 2021

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”. Although registration of copyright in Kenya is not mandatory, the plaintiff’s certificate was used to establish prima facie case of copyright ownership.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

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). 92056381 (December 16, 2021) [not precedential] (Opinion by Judge Marc A. Nor did respondent have advertising material or seek FDA approval.

Registration 51

Registration Contracts Advertising Advertising 51

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The Indiana Secretary of State indicates that the corporation was created in 2021. BTL Industries holds several trademarks related to its products, including the EMSCULPT trademark under USPTO Registration No. 5,572,801 and 6,069,279.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

The TTABlog

JANUARY 6, 2022

Applicant pointed to five existing third-party registrations for marks containing the word SUNSET in arguing that the word "SUNSET" is a weak formative]. Applicant pointed to five existing third-party registrations for marks containing the word SUNSET in arguing that the word "SUNSET" is a weak formative]. Welch 2021.

Social Media 62

Social Media Advertising Advertising Music 62

43(B)log

APRIL 29, 2024

23, 2024) Hetronic has US registrations; Abitron sold Hetronic-branded products without permission to customers around the world, including in the United States. Hetronic terminated its licensing and distribution agreements with Abitron, but Abitron continued to sell Hetronic-branded remotes without Hetronic’s authorization.

Advertising 59

Advertising Advertising Trademark Branding 59

IP and Legal Filings

OCTOBER 26, 2023

This is generally done by giant corporations and brand names to survive the competition and swallow the small businesses for gains. The modus operandi of bullying and legal threats which are baseless by large entities gets initiated by serving a cease and desist notice which contains threats of instituting a trademark infringement suit.

Cease and Desist 96

Cease and Desist Trademark Registering Trademarks Business 96

The IPKat

DECEMBER 17, 2021

According to the SCA, the target market for the products was made up of discerning consumers who were more concerned with the precise brand of watch they required, and who would be less likely to be deceived or confused by the limited similarities between the marks.

Trademark 96

Trademark IP Registering Trademarks Branding 96

The TTABlog

APRIL 11, 2023

and which owns Registration No. which calls the CAT mark the 'cornerstone of the company’s brand portfolio.' The Board found that Puma's third-party registration evidence failed to show any conceptual weakness in the inherently distinctive standard-character CAT word mark. Embiid , 2021 USPQ2d 577, at *32 n.47.

Registration 67

Registration Advertising Advertising Blogging 67

The IPKat

DECEMBER 6, 2021

EVENTS ALAI Canada Conference “ In conversation with William Patry ” (9 December 2021) On December 9, 2021, from 12:00 p.m. Registrations are open and available here. Participation is free of charge, but registration is required by December 7, 2021, and is available here. to 1:00 p.m.

Intellectual Property 65

Intellectual Property Intellectual Property Law IP Copyright Law 65

The IP Law Blog

MARCH 5, 2021

Last month (February, 2021), Peloton filed petitions to cancel the trademarks SPIN and SPINNING for physical fitness instruction and for stationary exercise bicycles on the grounds that the marks are generic. 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

JANUARY 6, 2022

No turn around for the fortunes of Chanel’s double-C Chanel v EUIPO Case T-44/20 EU General Court (April 2021) Does Chanel’s famous double-C logo conflict with this one filed by Chinese smartphone manufacturer Huawei? The same could also apply to a company registration. Here’s another 10 highlights for your consideration. IPKat here.

Registration 96

Registration Cease and Desist Branding Brands 96

43(B)log

SEPTEMBER 7, 2021

2021 WL 1534988, No. The claim for cancellation of the ‘675 Mark was based on fraud in obtaining the trademark registration and misrepresentation of source, whereas their claim for cancellation of the ’549 and ’077 Marks was based on misrepresentation of source alone. and [the] Coach” brand. Tapestry, Inc. Chunma USA, Inc.,

False Advertising 59

False Advertising Registration Trademark Registering Trademarks 59

Dragons' Den

FEBRUARY 16, 2023

And so in December 2021, he launched an ‘in your pocket music promotions hub’. A trade mark might help to protect a brand name or logo. A design registration lasts 5 years and you must renew your design registration every 5 years to keep it protected – up to a maximum of 25 years.

Designs 52

Designs Design Music Invention 52

Garrigues Blog

JUNE 1, 2021

We take a look at our Top10 most-read posts in this first year of the IP Blog: The Influencers’ Code of conduct comes into force on January 1, 2021: are you aware of your obligations? Banksy Case: registration of a trademark in bad faith and the price of anonymity. Final act: will the Supreme Court lend bullfighting a helping hand?

Blogging 52

Blogging IP Advertising Advertising 52

IP and Legal Filings

FEBRUARY 20, 2022

Slogans are brief, memorable words that are commonly used in advertising to promote a specific company. Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. As a result, slogan registration is frequently denied due to a lack of distinctiveness. In the case of Oatly AB v.

Trademark 54

Trademark Advertising Advertising Registration 54

The TTABlog

AUGUST 23, 2021

In a 96-page opinion, the Board gave the boot to this Section 2(d) and 43(c) consolidated opposition to registration of HUDL BREWING COMPANY for beverage glassware, clothing, and beer (BREWING COMPANY disclaimed). 91247770, 91248316, and 91248342 (Augsut 20, 2021) [not precedential] (Opinion by Judge Christopher Larkin).

Registration 52

Registration Marketing Marketing Editing 52

43(B)log

APRIL 28, 2022

He also hosted a reunion and golf tournament in 2007 and engaged in other referential activities; he managed royalties from the licensed USFL apparel from 2011-2021. Defendants accounced the launch of a new professional spring football league, also called the United States Football League, in June 2021.

Licensing 45

Licensing Advertising Advertising Registration 45

LexBlog IP

OCTOBER 4, 2022

On June 13, 2021, Kardashian made an Instagram post stating the following: “Are you guys into crypto? As described by SEC Chair Gary Gensler, Kim Kardashian’s June 2021 Instagram post was not a generic product advertisement. Jump to: The Backstory. The Aftermath. Are Social Media Influencer Promotions Dead?

Social Media 52

Social Media Intellectual Property Business Registration 52

IP Tech Blog

MARCH 18, 2022

Rothschild began selling his METABIRKINS NFTs in December 2021. The Amended Complaint emphasizes the growing importance of NFTs in the fashion and brand markets, and accuses Rothschild of usurping opportunities that rightfully belong to the brand owner, Hermès. Brand owners have already begun to catch up.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

LexBlog IP

SEPTEMBER 15, 2021

The Court of Appeals affirmed the previous decision of the district court which found that Australian Leather had wilfully infringed Deckers’ “UGG” trademarks by selling less than 15 pairs of UGG branded boots in the U.S., Background.

Trademark 52

Trademark Registration Branding Brands 52

IP and Legal Filings

JANUARY 5, 2023

To profit on the reputation of another brand, competitors began copying marks or acquiring deceptively similar trade marks with a desire to obtain the goodwill of well-known marks. The ‘Cycle’ brand is registered under various classes which include food products and incense sticks, dhoop, hair oil, etc. CONCLUSION.

Trademark 81

Trademark Branding Brands Branding 81

SpicyIP

MAY 18, 2022

The Indian Trade Marks Registry is also seeing activity under classes 9, 35 and 41 for registration of trademarks in relation to ‘downloadable virtual goods’ and online virtual services. Dec 21, 2021. Dec 15, 2021. Some examples under class 9 include: S.No. But it is equipped to efficiently deal with new workload?

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

The IPKat

JANUARY 14, 2022

319 [2021], Final, Civil, Shaanxi of the High 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

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. This case was filed in early 2021. Defendants are a musical duo that also operates as Darkside and their record label.

Music 59

Music Branding Brands Branding 59

LexBlog IP

MARCH 18, 2022

Rothschild began selling his METABIRKINS NFTs in December 2021. The Amended Complaint emphasizes the growing importance of NFTs in the fashion and brand markets, and accuses Rothschild of usurping opportunities that rightfully belong to the brand owner, Hermès. Brand owners have already begun to catch up.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

IP Tech Blog

AUGUST 22, 2022

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. By using “Smart,” the application passed the formal test for registration. Since then, giant companies all over the world ? 2035???????,

Design Patent 57

Design Patent Designs Design Patent 57

LexBlog IP

NOVEMBER 17, 2021

AMUL Canada , 2021 FC 636 is the most recent example of the effectiveness of default judgment. Kaira’s brand AMUL is internationally renowned and India’s largest food brand. First, Kaira provided evidence of the goodwill that the AMUL brand and designs have acquired globally and in Canada.

False Advertising 40

False Advertising Social Media Trademark Branding 40

43(B)log

MARCH 18, 2022

4, 2022) Mosafer, a travel business that “aligns its branding with the State of Qatar,” sued several defendants for making public statements allegedly disparaging the State of Qatar and harming the Mosafer parties’ brand, which is closely aligned with the country.

Law 59

Law False Advertising Social Media Branding 59

The TTABlog

JUNE 10, 2021

In re GJ & AM, LLC , 2021 USPQ2d 617 (TTAB 2021) [precedential] (Opinion by Judge Marc A. The sales figures were modest and were not placed in context (market share), and the advertising figures lacked information as to the extent of exposure. Welch 2021. In re Gould Paper Corp., 2d 1017, 5 USPQ2d 1110, 1112 (Fed.

Advertising 52

Advertising Advertising Social Media Marketing 52

IP Intelligence

MAY 11, 2021

April 12, 2021), the U.S. In Perry , the plaintiff produced 60 bottles of his mayonnaise/ketchup and mustard/ketchup concoctions branded METCHUP. In Perry , the plaintiff produced 60 bottles of his mayonnaise/ketchup and mustard/ketchup concoctions branded METCHUP. In Perry v. Heinz Company, et al. (No. 20-30418 5th Cir.

Trademark 52

Trademark Registration Branding Brands 52

SpicyIP

FEBRUARY 13, 2023

What stands out here is that the Court granted an injunction in favour of the Plaintiff based on earlier registration without considering the non-use of the mark by them. Ltd for disobeying the Palbociclib interim injunction. Check out the post for more details. Case: Louis Vuitton Malletier vs Capital General Store & Ors.

Designs 52

Designs Design Trademark Cease and Desist 52