IP and Legal Filings

JANUARY 11, 2024

Although scents are implicitly included in the Act’s protection of trademarks, the U.S. Patent and Trademark Office (USPTO) has stringent procedures for scent trademark registration. The objective of these requirements is to guarantee the legitimacy of graphical representations of smell trademarks.

Trademark 87

Trademark Intellectual Property Branding Brands 87

IPilogue

DECEMBER 21, 2022

A quick search on the USPTO’s trademark database shows that Apple first filed the trademark registration for SMART KEYBOARD back in December 2015 as an iPad Pro accessory. The USPTO rejected the application in 2018, and the Trademark Trial and Appeal Board (“TTAP”) upheld this decision in 2021.

Trademark 105

Trademark Registration Technology Trademark Law 105

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

The TTABlog

DECEMBER 14, 2021

Sink your teeth into this Harvard Law Review note that strikes at the heart of trademark infringement doctrine: " Trademark Injury in Law and Fact: A Standing Defense to Modern Infringement ," 35 Harv. 667 (December 2021). This note posits that trademark law and the law of standing have grown apart.

Trademark 75

Trademark Law Trademark Law Registration 75

Erik K Pelton

DECEMBER 28, 2020

The number of applications filed, and registrations granted in FY2020 both grew over the prior year, to the highest in history. trademark registrations! Hundreds of trademark applications filed this year referenced masks , COVID, quarantine, social distancing, and other pandemic topics. Looking ahead to 2021.

Trademark 130

Trademark All Rights Reserved Registration Branding 130

IPilogue

NOVEMBER 17, 2022

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. Two sections recently added to Canada’s Trademark Act of 1985 (“the Act ”) mention bad faith. million dollars for Beijing Judian to purchase the mark from him. Beijing Judian refused.

Trademark 111

Trademark Registration Advertising Advertising 111

IPilogue

FEBRUARY 16, 2023

On November 7, 2018, Pest Control, Banksy’s authentication body, filed an EU trademark claim on behalf of the artist for Laugh Now. Typically, artists protect their artwork using only copyright law. Trademark law allows Banksy to remain anonymous and maintain his mysterious artistic persona. street artist Banksy.

Trademark 105

Trademark Artwork Registration Art 105

IPilogue

OCTOBER 18, 2022

This motion represents the latest development in the greater claim and counterclaim between the two companies which was initiated in December 2021. . For its part, WOTC claims that it retains common law interest in these marks, on the basis that it has continued to use the marks since at least 2012.

Trademark 101

Trademark Trademark Law Intellectual Property Law Publishing 101

The IPKat

MAY 11, 2024

33,544 ) in 2021. Why does the patent use a different name from the registered trademark? Indeed, this principle was the basis for Australia's unsuccessful argument that the name 'Prosecco' for sparkling wine should be refused registration as a geographical indication in Singapore (previously discussed by this Kat here ).

Trademark 104

Trademark Registering Trademarks Marketing Marketing 104

IPilogue

AUGUST 2, 2021

European trademark law requires genuine use of a trademark to maintain registration. Lack of use may cancel a trademark’s registration; as well, any oppositions based on a trademark without genuine use may not withstand a non-usage defense. . Hasbro v EUIPO. In 2015, Doga?aji’s

Trademark 59

Trademark Registration Trademark Law Intellectual Property 59

The TTABlog

JANUARY 7, 2022

Thomas McCarthy has provided to me his comments on the CAFC's October 27, 2021 decision in the Brooklyn Brewery case, in which the appellate court largely affirmed the TTAB's denial of Plaintiff Brooklyn Brewery's petition for cancellation of a registration for the mark BROOKLYN BREW SHOP (in standard form) for beer-making kits.

Registration 91

Registration Trademark Law Trademark Law 91

IIPRD

AUGUST 27, 2022

On July 14, 2021, the General Court of the European Union delivered leading cosmetics and skincare label Guerlain a win in the fight to register the distinctive shape of its “Rouge G de Guerlain Lipstick.” trademark law which was later borrowed and adopted in a more limited sense in the European trademark law.

Trademark Law 52

Trademark Law Registration Marketing Marketing 52

IP and Legal Filings

OCTOBER 28, 2022

10 of 2021, dated May 21, 2021. registration requirements. Provisions of intellectual property law will be applicable to NFTs. Article 143 of the Patent Law provides patent holders recourse to file claims in the Commercial Court if the rights under their patent are infringed by another party. MOCI Regulation No.

Non-Fungible Tokens 83

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 83

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2022

TTAB Cancellation Actions: Terminating an Infringing Trademark Registration. One option is to institute a cancellation action with the Trademark Trial and Appeal Board (the “TTAB”) to challenge the registration of the mark. If you win, the TTAB “cancels” the registration of the trademark at issue.

Registration 52

Registration Trademark Litigation Blogging 52

Technology & Marketing Law Blog

OCTOBER 5, 2023

I wrote an expert declaration about them in 2021). The court could have cited two recent Supreme Court cases (Jack Daniels and Abitron) for the proposition that trademark law only applies when parties are using a trademark as a mark , i.e., to identify and distinguish the source of marketplace goods.

Trademark 120

Trademark Fair Use Trademark Law Branding 120

IP and Legal Filings

OCTOBER 26, 2023

In its process to debunk the claims Daily basket through its website also mentioned That except the word basket there existed no similarities or trademark violations in the brand logo and the name,colour and font itself was different. [4] 4] That Daily Basket had an entirely different user interface and the get-up was also way different.

Cease and Desist 95

Cease and Desist Trademark Registering Trademarks Business 95

IPilogue

OCTOBER 19, 2021

Hall Law School. . On September 28, 2021 , The Hershey Co. Hershey’s Kisses trademark may not be considered inherently distinctive since Kisses look like any other chocolate chip on the shelf, making Hershey’s Kisses a descriptive good rather than a mark registrable on the USPTO’s Principal Register.

Cease and Desist 106

Cease and Desist Branding Brands Branding 106

43(B)log

FEBRUARY 16, 2023

The court says the PTO “granted” the application on June 14, 2021, but that’s the filing date—the ITU application was published for opposition in April 2022, allowed June 2022, and an extension of time to file a statement of use has been granted as of this writing.

False Advertising 87

False Advertising Trademark Registration Advertising 87

BYU Copyright Blog

OCTOBER 25, 2021

In a Complaint filed on October 7, 2021, in the Western District of Louisiana, Louisiana Tech University Foundation, Inc., LTF provided evidence of a current version of the bulldog, in use since 2008, along with a copyright registration and a trademark registration for the Bulldog.

Derivative Work 52

Derivative Work Advertising Advertising Intellectual Property 52

IPilogue

OCTOBER 7, 2021

The court ultimately decided against the band because “Aboriginal rights are outside the scope of trademark law.”. Cases like this raise questions about the scope of intellectual property (IP) law in Canada. Trademark law in particular has the benefit of granting collective rights and can also provide perpetual protection.

IP 105

IP Intellectual Property Trademark Law Ownership 105

Erik K Pelton

MARCH 11, 2022

The FTC’s Proposed Trade Regulation Rule on Impersonation of Government and Businesses (FTC-2021-0077) aims to prevent fraudulent or harmful acts caused by impersonation of government and businesses. Pelton & Associates, PLLC (“EMP&A”) is a boutique trademark law firm located in Falls Church, Virginia. About Erik M.

Government 147

Government Business Trademark Blogging 147

The IPKat

JUNE 12, 2022

Generally speaking, such applications would be refused registration in that they inter alia fail to perform their basic function – namely to indicate commercial origin. It is Matthias Zirnsack vs. EUIPO (Case R-260/2021-G ). Let’s see more in detail what this case is about and what INTA’s take consists of.

Registration 94

Registration Intellectual Property Law Trademark Law 94

The TTABlog

OCTOBER 13, 2021

In a non-precedential ruling, the CAFC upheld the TTAB's decision ( here ) denying a petition for cancellation of a General Motors registration for the mark SUPER CRUISE for "computer software, cameras, ultrasonic sensors, global positioning system and radar object detectors fro the semi-autonomous driving of motor vehicles." 2021-1591 (Fed.

Registration 52

Registration Trademark Law Designs Design 52

LexBlog IP

JANUARY 13, 2022

In 2021, applications filed in Canada went up 13.7%, partly due to Canada’s accession to the Madrid Protocol. When Canada is designated via the Madrid Protocol, the Canadian Intellectual Property Office (CIPO) will communicate directly with the applicant if a Canadian trademark agent is not appointed. Classification. Coming Soon!

Trademark 52

Trademark Intellectual Property Intellectual Property Law Registration 52

IPilogue

MARCH 20, 2023

The motion court first hearing the case misapplied the fundamental principles of trademark law. because they were the first to file a trademark application for “Bombay Frankies” despite not having yet used the mark. s entitlement to the trademark manifests on the application date or registration date.

Trademark 105

Trademark Social Media Registering Trademarks Trademark Law 105

IP and Legal Filings

MAY 30, 2023

What does Trademark laws Say? The Trade Marks Act of 1999 provides protection for trademarks in India. The legislation defines a trademark as any image, phrase, or combination thereof that may be used to differentiate one person’s products or services from those of another.

Trademark 59

Trademark Business Intellectual Property Trademark Law 59

IP Intelligence

NOVEMBER 15, 2021

If you are contemplating registering a service mark that primarily benefits your company and not others, don’t bother; it will be refused registration. This issue was recently addressed by the Trademark Trial and Appeal Board (TTAB) in In re California Highway Patrol, SN 88796327 (TTAB Nov. 4, 2021) [not precedential] ( CHiP ).

Service Mark 52

Service Mark Registration Trademark Business 52

LexBlog IP

OCTOBER 27, 2021

After months (or, perhaps, years) of diligent legal work, your business has finally secured its intellectual property rights through a patent , a trademark registration, a copyright registration or some combination thereof. Trademark Maintenance. The hallmark of trademark law is use. Copyright Maintenance.

Intellectual Property 52

Intellectual Property Registration IP Trademark 52

SpicyIP

MAY 18, 2022

Nike has also brought an action for trademark infringement against StockX alleging that StockX’s NFTs depicting Nike shoes violates its trademarks. Dec 21, 2021. Dec 15, 2021. However, when it comes to virtual goods, classification is not straightforward. But it is equipped to efficiently deal with new workload?

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

LexBlog IP

DECEMBER 21, 2021

The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce.

Trademark 40

Trademark Registration Intellectual Property Litigation 40

IP and Legal Filings

SEPTEMBER 17, 2021

Fashion, in 2021, has evolved to become a form of art that acts as a vehicle for cultural commentary and is not just merely restricted to the process of manufacturing apparel. In India, as of 2018, the industry was valued at over five trillion INR and is expected to reach about 223 billion dollars by 2021. dollars in the USA.

Designs 69

Designs Design Artistic Work Technology 69

IP and Legal Filings

APRIL 14, 2023

700 crores in 2020-2021. The Plaintiff also cited several cases wherein it had initiated action against the infringement of its trademark. The Plaintiff had gained the knowledge about Defendant’s business in the year 2021. The Plaintiff claimed its sales promotion to the tune of Rs.33

Trademark 81

Trademark Branding Brands Branding 81

Biswajit Sarkar Copyright Blog

JANUARY 19, 2022

Since domain names have a worldwide outreach, its registration is done by an international organization called the Internet Corporation for Assigned Names and Numbers (ICANN). Even before applying for registration, the registrant will have to check whether his domain name is similar to any other registered domain name in the WHOIS.

Registration 52

Registration Trademark Cinema Business 52

Garrigues Blog

JULY 6, 2021

For example, when the main purpose of the registration is to sell it, if it has been to obstruct the third party, if it is used to attract traffic and obtain benefits or to mislead consumers about the products or services of others.

Branding 52

Branding Brands Branding Registration 52

SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. The Hermès-Rothschild Dispute. Concluding Remarks.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

The IPKat

MARCH 17, 2022

Okonkwo In April 2021, the Intellectual Property Rights and Innovation Project in Africa ( AfrIPI ) organised a high-level public sector workshop on geographical indications (GI) and following the workshop, the Nigerian Technical Working Group (TWG) on GI was established. The TWG split the task across its members.

Intellectual Property 76

Intellectual Property Registration Government Law 76

IPilogue

OCTOBER 6, 2021

On Saturday, September 18, 2021, locals and travellers from around the globe should have filled the streets of Munich, while being intoxicated and laughing with old and new friends. After months of discussions and the DPMA appealing the decision, Munich successfully achieved its goal on May 1, 2021.

Trademark 59

Trademark Intellectual Property Advertising Advertising 59