The TTABlog

OCTOBER 29, 2021

Bee) has scheduled eight (VIII) oral hearings for the month of November 2021. November 2, 2021 - 10 AM: In re Garan Services Corp. 88674888 [Section 2(d) refusal of MATCH STUDIO for "clothing, namely, tops and bottoms," in view of the mark MATCH in standard character and design form for overlapping clothing items.]

Designs 57

Designs Design Music Advertising 57

Technology & Marketing Law Blog

JULY 5, 2021

LLC, 2021 WL 466975 (S.D.N.Y. 9, 2021): “At the motion to dismiss stage, Kidmoto has plausibly alleged more than just the purchase of a competitor’s mark as a search engine keyword standing alone. 2021 WL 1163117 (E.D.N.Y. March 18, 2021). 2021 WL 1226156 (S.D.N.Y. April 1, 2021). June 7, 2021).

IP 85

IP Social Media Fair Use Branding 85

The TTABlog

JULY 2, 2021

Failure to Prove "Standing" and Priority Dooms Section 2(d) Cancellation of CHUBB TRAVEL SMART Registration for Mobile Apps Catch-all Thirteenth DuPont Factor Saves HANA BANCORP & Design from Section 2(d) Refusal Precedential No. TTABlog Test: Are These Two "Bull" Designs Confusingly Similar For Auto Parts? Precedential No.

Registration 52

Registration Designs Design Trademark 52

IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

Design Patent 57

Design Patent Designs Design Patent 57

LexBlog IP

JULY 21, 2021

Intellectual Property ( IP ) Australia published their 9 th annual edition of the Australian IP Report (the IP Report ) on 29 April 2021. It outlines trends, data and legal rights pertaining to patents, trade marks, designs, plant breeder rights ( PBR ) and copyright. Applications and Registrations. Trade Marks.

Reporting 52

Reporting IP Patent Application Registration 52

IPilogue

NOVEMBER 17, 2022

Beijing Judian is a reputable barbeque bar restaurant with over 40 locations in China with established Ju Dian character marks, including the JU DIAN & Design Mark. A month later, the restaurant found an advertisement posted by Meng for the sale of the registration of the JU DIAN & Design Mark for $100,000.

Trademark 111

Trademark Registration Advertising Advertising 111

Intepat

MAY 28, 2024

This success is largely attributed to Apple’s effective trademarking of various designs and sounds related to its products and services. Notably, Apple trademarked its store design in the United States in 2011. Prior Registration and Use: Apple Inc. Cracking the Code: What Sets Apple’s Trademark Apart?

Trademark 52

Trademark Intellectual Property Branding Brands 52

The TTABlog

DECEMBER 26, 2023

The Board sustained this opposition to registration of JUICY FRUIT & Design (shown below) for" t-shirt for adults," finding that pro se Applicant David Neal Seller's lacked a bona fide intent to use the mark for t-shirts at the time he filed his application. That application issued to registration in December 2021.

Designs 70

Designs Design Marketing Marketing 70

43(B)log

FEBRUARY 9, 2022

The Sports Mall LLC, 2021 WL 6804246, No. In August 2020, Krikor discovered that Sports Mall had posted at least six of her photographs on its website and advertised the depicted items for sale on its site…. This alleged chutzpah triggered the false advertising element of the case. “[T]he Kevorkian v. CV 21-2747-DMG (MRWx) (C.D.

False Advertising 59

False Advertising Advertising Advertising Copyright 59

The IPKat

DECEMBER 16, 2021

CPL had a registered trademark in the word “Conphamol” and the design of the product packaging. The Court of Appeal rightly held that registration of copyright is not a requirement in Nigeria, and the High Court erred by relying solely on the fact of registration of the plaintiff’s “registered” proposal.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

The IPKat

OCTOBER 16, 2023

Background On 9 October 2021, Tesla held its ‘Gigafactory Berlin County Fair’ at the site of the Gigafactory in Grünheide near Berlin. In the background, the bottle design was displayed (see pictures below). One day after this event, on 10 October 2021, Juicyphant GmbH (‘Juicyphant’) filed for registration of EU trade mark no.

Art 78

Art Registration Social Media Publishing 78

IP and Legal Filings

FEBRUARY 2, 2023

Introduction The Ministry of Electronics and Information Technology (MeitY) was designated as the focal ministry for all issues pertaining to the online gaming sector on December 23, 2022. MeitY has extended a deadline for comments on the proposed amendment of January 17, 2023. Self-regulatory Bodies.

Due Diligence 82

Due Diligence Registration Government Technology 82

43(B)log

SEPTEMBER 16, 2021

PureThink, LLC, 2021 WL 2483778, No. May 18, 2021) Neo4j specializes in graph database management systems. It has trademark registrations for the word mark “NEO4J.” Summary judgment granted on state and federal false advertising claims. False designation of origin: Yep. Neo4j, Inc. 5:18-cv-07182-EJD (N.D.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

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

IPilogue

MARCH 2, 2022

The Birkin’s distinctive shape has acquired a secondary meaning, such that its trade dress has a trademark registration with the US Patent & Trademark Office. Hermès claims trademark infringement, false designation of origin, and trademark dilution. Hermès’ Action.

Cease and Desist 105

Cease and Desist Non-Fungible Tokens Fair Use Intellectual Property 105

The IPKat

AUGUST 17, 2022

In a somewhat comparable situation, a trade mark holder has surrendered some of their registered marks, even though they were accepted by the UK Intellectual Property Office (IPO), after receiving public backlash against the registrations. What does this mean for the hundreds of other registrations that include these, or similar, words?

Social Media 137

Social Media Registration Intellectual Property Ownership 137

The TTABlog

JANUARY 6, 2022

[Section 2(d) refusal of the word-plus-design mark shown below for, inter alia , "non-metal tiles for countertops, walls, sinks, and floors in bathrooms and kitchens," in view of the registered mark BELLAVITA TILE registered for “Non-metal tiles for walls and floors; ceramic tiles; porcelain tiles; glass tiles.” Welch 2021.

Social Media 62

Social Media Advertising Advertising Music 62

The TTABlog

OCTOBER 5, 2023

This suggestion was confirmed by Opposer's advertising, which "touts the California sunshine under which Opposer’s citrus fruits are grown." As to commercial strength, there were no third-party uses or registrations of the same or similar sun-kissed formative marks in the industry. It failed to do so.

Advertising 67

Advertising Advertising Marketing Marketing 67

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Maryland: First ever digital advertising tax, on gross receipts. may require disclosures and charitable registration: Draper James teachers giveaway. Chemence, Feb.

Advertising 40

Advertising Advertising Law Privacy 40

The IPKat

NOVEMBER 24, 2022

Several of the recipient companies filed actions with the DPMA to invalidate the registration. The DPMA cancelled the registration of “Black Friday” due to lack of distinctiveness. It however cancelled the trademark for those services of Class 35, which are related to trade of electrical and electronic goods and for their advertising.

Registration 117

Registration Advertising Advertising Art 117

Patently-O

OCTOBER 3, 2021

Jun 04, 2021). Now, the company has filed a civil action in the Eastern District of Virginia seeking a court order that TBL is entitled to a registration. Now, the company has filed a civil action in the Eastern District of Virginia seeking a court order that TBL is entitled to a registration. by Dennis Crouch. TBL Complaint.

Trademark 132

Trademark Registration Advertising Advertising 132

SpicyIP

APRIL 17, 2023

Krbl Limited was alleged infringement and passing off of the plaintiff’s trademark registrations for marks that include the word ‘Royal’, by the defendant’s mark ‘Zabreen Royal’ (‘Impugned Mark’). Responding in the affirmative, the Calcutta High Court has swung the interpretative pendulum back in favor of GUIs being registrable.

Advertising 105

Advertising Advertising Confidentiality Trademark 105

TorrentFreak

OCTOBER 18, 2022

Paramount, Universal, Warner, Columbia, Disney, and Netflix teamed up to file the complaint in 2021, hoping to shut down a site that had endured blocking injunctions since 2014 while serving millions of users worldwide. Arm’s Length Advertising. There is no suggestion that PrimeWire is connected to any of these crimes in any way.

Advertising 116

Advertising Advertising Business Reporting 116

SpicyIP

SEPTEMBER 20, 2021

We informed our readers that the DPIIT IPR Chair of the Inter University Centre for IPR Studies at the Cochin University of Science and Technology and the Third World Network are jointly organizing a free webinar on “Trade Secret and Access to Medicine” on September 22, 2021. The deadline for submission is 20th November, 2021.

Artistic Work 87

Artistic Work Intellectual Property Law Journalism Intellectual Property 87

43(B)log

APRIL 15, 2024

GMP owns two federally registered trademarks: the “GOOD MEAT” standard character mark and the “GOOD MEAT BREAKDOWN” design mark. The court denies a preliminary injunction on the trademark claims based on lack of likely success on the merits, but declines to dismiss either infringement or false advertising claims.

False Advertising 64

False Advertising Advertising Advertising Marketing 64

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The EMSCULPT is a non-invasive medical device designed to stimulate muscle contraction using electromagnetic energy. The Indiana Secretary of State indicates that the corporation was created in 2021. filed suit against Plaintiff JV Medical Supplies, Inc.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

The TTABlog

SEPTEMBER 24, 2021

Applicant Weber State successfully relied on third-party use and registration evidence in arguing that ASCENT is a weak source indicator in the field of banking and financial services. 88675314 (September 14, 2021) [not precedential] (Opinion by Judge Robert H. Welch 2021. In re Weber State Federal Credit Union , Serial No.

Registration 40

Registration Advertising Advertising Designs 40

Dragons' Den

FEBRUARY 16, 2023

In this week’s blog, I’ll focus on two pitches and consider what is patentable and the difference between designs and patents. And so in December 2021, he launched an ‘in your pocket music promotions hub’. Zoe told the Dragons that she has applied for a ‘design utility patent’. system, this is basically a registered design.

Designs 52

Designs Design Music Invention 52

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.” The new app then launched in January 2021.

Marketing 59

Marketing Marketing Trademark Branding 59

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. ” Nevertheless, the successor licensee sent DMCA takedown notices to Amazon targeting the registrant’s stripped-down sticker. .” per sticker set.

Registration 112

Registration Fair Use Copyright Designs 112

SpicyIP

JULY 19, 2021

The Cinematograph (Amendment) Bill 2021: Overbroad, Disproportionate and Unnecessary. In this post , Adyasha analyses the Cinematograph (Amendment) Bill 2021 (‘Bill’) which seeks ‘ to tackle the menace of film piracy ’, and is a revision of the Cinematograph (Amendment) Bill 2019. Topical Highlight. Thematic Highlights. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

The TTABlog

DECEMBER 6, 2021

A single color mark on a product design is registrable only upon a showing of acquired distinctiveness. 87213400 (December 3, 2021) [precedential] (Opinion by Judge Mark Lebow). The Board concluded that DiMarzio's advertising fell short of supporting its Section 2(f) claim. Welch 2021. Wal-Mart (citing Qualitex ).

Advertising 100

Advertising Advertising Marketing Marketing 100

SpicyIP

FEBRUARY 20, 2023

Furthermore, it was also observed that, such warnings were mandated under the Information Technology Rules, 2021 to guard internet users against potential risks and threats and several other internet browsers besides Goggle followed the same. Delhi High Court clarifies application of Section 15(1)(b) of the Designs Act.

Registration 105

Registration Designs Design Trademark 105

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. Tapestry, Inc. Chunma USA, Inc., 20-CV-0271 (JMF) (S.D.N.Y.

False Advertising 59

False Advertising Registration Trademark Registering Trademarks 59

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Thus, even though it would be possible to have a registrable llama logo that functioned as a trademark, that’s not what Epic had.

IP 94

IP Trademark Advertising Advertising 94

Indiana Intellectual Property Law

AUGUST 18, 2021

Per the Complaint, Plaintiffs have used the getGo® trademark since at least March 2013 and have sought and secured federal trademark registrations for various getGo® trademarks and logos as set forth below (the “getGo® Marks”). Registration No. Service Mark Registrations, Nos. 5,040,314 and 5,040,321 for the mark “GET 2 GO.”

Trademark 52

Trademark Service Mark Registration Advertising 52

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. 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?

Trademark 85

Trademark Branding Brands Branding 85