IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Corporations must establish online identities, such as logos, slogans, product names, and brands, to build consumer awareness, loyalty, and trust.

Trademark 86

Trademark Social Media Advertising Advertising 86

LexBlog IP

JANUARY 18, 2022

NFTs (non-fungible tokens, not thoroughbreds) were not a disappointment but instead were all the rage for holiday giving this year, including offerings from brands such as Adidas and Balmain x Barbie. But if your clients are launching NFTs for sale in 2022, making clear to consumers what they are buying is key.

Non-Fungible Tokens 52

Non-Fungible Tokens Advertising Advertising Branding 52

IP and Legal Filings

JANUARY 31, 2023

[Image Sources : Istock] Metaverse- a Magnet to Fashion Brands Virtual worlds provide fashion brands with the opportunity to significantly cut down on the excessive resource consumption of lifestyle and create sustainability. Fashion brands are no strangers to the continuous fight against fake and counterfeit items in the real world.

Law 84

Law Branding Brands Branding 84

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

The TTABlog

AUGUST 15, 2022

In an exhaustive and exhausting opinion, the Board granted petitions to cancel two registration for the mark OLD SCHOOL for various clothing items, on the ground of abandonment. The Board found that the registrant, despite claiming attempts to sell or license the mark, had discontinued use of the mark with an intent not to resume use.

Registration 52

Registration Cease and Desist Branding Brands 52

The TTABlog

SEPTEMBER 13, 2022

In re HIFI Brands, LLC , Serial Nos. 88905094 and 88905116 (September 9, 2022) [not precedential] (Opinion by Judge Melanye K. As to applicant's stylized mark, the degree of stylization "is not notable apart from the literal element "hifi," and does not serve to distinguish it from Registrant's Mark." Welch 2022.

Marketing 70

Marketing Marketing Graphic Design Branding 70

TorrentFreak

JULY 20, 2022

When a lawsuit directly attacks a site’s ability to operate using specific domains or branding, for example, the ‘hydra effect’ comes into play. The MPA’s anti-piracy team became aware of the site around May 31, 2022, and they’re convinced that PrimeWire’s operators are involved.

Advertising 131

Advertising Advertising Business Copying 131

IP and Legal Filings

OCTOBER 30, 2023

Conceived by Ruth Handler and named after her own daughter, Barbie has, from its inception, been a driving force behind Mattel’s successful branding efforts, resulting in the sale of over a billion Barbie dolls and the expansion of the franchise into various media, including video games, merchandise, and a live-action movie.

Trademark 85

Trademark Branding Brands Branding 85

TorrentFreak

FEBRUARY 23, 2023

Domain Name Registrations Surge According to Russian cybersecurity firm Angara Security , registrations of domain names with a movie or TV show theme began to surge at the start of the month. The company says that between February 1 and February 10 alone, registrations were up 64% on similar registrations for the whole of January.

Cinema 131

Cinema Registration Reporting Licensing 131

43(B)log

DECEMBER 28, 2022

3d -, 2022 WL 10128276, No. 17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. Barilla America, Inc., 22-cv-03460-DMR (N.D.

Branding 59

Branding Brands Branding False Advertising 59

43(B)log

JANUARY 18, 2022

DAMM, LLC, 2022 WL 136914, No. WRB has an incontestable registration for “Hammer-Schlagen” and a registration for the trade dress of its stump, cross-peen hammer, and nails: specifically, “a three-dimensional configuration. DAMM has a registration for “Minneschlagen.” 21-CV-1899 (NEB/TNL) (D. Very entertaining to play!”

Registration 45

Registration Ownership Social Media Marketing 45

The TTABlog

JANUARY 6, 2022

87627828 (January 3, 2022) [not precedential] (Opinion by Judge Christopher Larkin). 88933368 (January 4, 2022) [not precedential] (Opinion by Judge Jonathan Hudis). 90114652 (January 4, 2022) (Opinion by Judge Linda A. Here are the first three TTAB decisions of the new year in appeals from Section 2(d) refusals. No hints today.

Social Media 62

Social Media Advertising Advertising Music 62

The IPKat

NOVEMBER 30, 2023

The case concerned the registration of 'Prosecco' as a GI in Singapore. This Kat was interested to see a court finally address this argument Singapore has offered protection for GIs since 1999, but it only adopted a registration-based system in the last decade with the Geographical Indications Act 2014 ('GIA').

Registration 134

Registration Advertising Advertising Law 134

43(B)log

JULY 3, 2023

Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products.

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

APRIL 15, 2024

A notice of allowance issued in 2022. 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. GMI sent a C&D to GMP in April 2022 (whoops!)

False Advertising 64

False Advertising Advertising Advertising Marketing 64

Patently-O

NOVEMBER 21, 2022

With the trademark registration in-hand, the district court partially granted SoClean’s motion for preliminary injunction. However, instead of barring Sunset from selling its competing products, it prohibited Sunset marketing or advertising its filter in any bare form. is a Sunset brand filter.” is a Sunset brand filter.”

Designs 74

Designs Design Registration Trademark 74

Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. As per a report, influencer marketing investment is expected to reach $15 billion in 2022. It currently accounts for about 15% of the entire revenue spent on global advertising.

Social Media 52

Social Media Intellectual Property Registration Branding 52

The IPKat

DECEMBER 14, 2023

February: In Nigeria, the Business Facilitation (Miscellaneous Provisions) Bill, 2022 , was signed into law. Things, however, took a different turn in when Njemanze's application and registration of Domittila as a trademark were revoked by the Trademark Tribunal. Today, it’s about the trade marks. Katpost on the decision here.

IP 83

IP Service Mark Cease and Desist Registration 83

IP and Legal Filings

FEBRUARY 7, 2023

In an effort to connect with a younger, tech-savvy consumer base, more and more firms are deciding to debut their products and advertise them electronically through the Metaverse. Their rights will be protected thanks to the metaverse brands’ trademarks. What is the Metaverse?

Trademark 83

Trademark Non-Fungible Tokens Branding Brands 83

TorrentFreak

OCTOBER 18, 2022

All members of the MPA, the studios won a default judgment and injunction in April 2022. Arm’s Length Advertising. Oksara LP’s registration documents, available on the UK’s Companies House portal, list B2B Consultants Ltd and BTD Enterprises Ltd as Oksara LP partners. KickassTorrents.

Advertising 116

Advertising Advertising Business Reporting 116

The IPKat

JANUARY 7, 2024

Background In 2022, Prada filed to register the pattern mark below as an EU trade mark (EUTM; No 18683223) for goods and services in classes 3, 9, 14, 16, 18, 20, 24, 25, 27, 28, 35 of the Nice Classification. Eventually, the Examiner’s decision was to refuse registration in great part, including having regard to class 25.

Branding 89

Branding Brands Branding Registration 89

The TTABlog

FEBRUARY 16, 2022

91251606 (February 11, 2022) [not precedential] (Opinion by Judge Cheryl S. Third-party registrations and third-party website evidence showed the same mark used by a single entity for both restaurant services and frozen pizza sold at retail (for example, Uno Pizzeria and Grill). Welch 2022. How do you think this came out?

Advertising 89

Advertising Advertising Branding Brands 89

43(B)log

DECEMBER 26, 2022

8:21-cv-02121-JVS (ADSx), 2022 WL 17887590 (C.D. 28, 2022) Brick and mortar infringement still exists, and this opinion considers both copyright and trademark claims. The logo is registered with the Copyright Office, and AFK applied for trademark registration as well. LCF Labs Inc., AKF sued LCF etc. 3d 1068 (9th Cir.

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

The IPKat

DECEMBER 6, 2021

Registrations are open and available here. Participation is free of charge, but registration is required by December 7, 2021, and is available here. ATRIP 40th Annual Congress and call for paper proposals “ IPR in Times of Crisis: Lessons Learned from the COVID-19 Pandemic ” (20-23 June 2022) ATRIP is holding its 40th Annual Congress.

Intellectual Property 67

Intellectual Property Intellectual Property Law IP Copyright Law 67

azrights

NOVEMBER 3, 2021

The difficulty with colour as a brand identifier is that there is no interim legal protection available to rely on as you build up recognition. It takes a very substantial marketing and advertising budget, over many years and even then there is no guarantee of successfully trademarking a colour. Competitors Copying Your Colour.

Trademark 52

Trademark Branding Brands Branding 52

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. While OpenSea, the NFT exchange platform, removed the NFTs, Rothschild still advertises and offers his NFTs. Hermès’ Action.

Cease and Desist 105

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

43(B)log

FEBRUARY 18, 2022

Traditional advertising can change firsthand consumer impressions, both pre and post experience—telling consumers coffee isn’t bitter makes their impressions of bitterness change, etc. If it’s cheaper to compete on subjective brand characteristics than on other metrics of quality, then producers will do that.

Copyright 69

Copyright Business Branding Brands 69

IP Tech Blog

MARCH 18, 2022

On January 14, 2022, Hermès filed a Complaint in the Southern District of New York alleging trademark and trade dress infringement, trademark dilution, false designation of origin, cybersquatting, injury to business reputation, and misappropriation, under the federal Lanham Act and New York state law.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

The TTABlog

FEBRUARY 2, 2022

The United States District Court for the District of Oregon reversed the Board's decision dismissing an opposition to registration of the mark M ANIMAL for a wide variety of clothing, including "children’s clothing." [ TTABlogged here ]. Oregon January 25, 2022). Welch 2022. Manimal, LLC , Case No. 3:20-cv-00623-IM (D.

Registration 40

Registration Advertising Advertising Branding 40

Intepat

MAY 16, 2023

Due to the extent of unlawful activity associated with the petitioner’s name and personality, the court granted a restraining order on 25 th November 2022 against various people and companies. The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks.

Branding 98

Branding Brands Branding Personality Rights 98

SpicyIP

JUNE 12, 2023

Calcutta High Court clarifies that a civil court does not have jurisdiction to determine the validity of registration granted under the Plant Varieties Act. an interim relief against Dabur’s Amla oil print advertisement. The plaintiff was granted an ex-parte interim injunction but the same was later suspended on July 19, 2022.

Copyright 98

Copyright Advertising Advertising Trademark 98

IP and Legal Filings

APRIL 12, 2023

On December 23, 2022, the court ruled in favour of Hermes International, permanently restrained the defendant from using the mark, and ordered it to remove the infringing listings from its website. Because of the unauthorised use of such a mark, consumers are confused about the quality of the items, which affects the brand’s reputation.

Trademark 89

Trademark Branding Brands Branding 89

IP Tech Blog

MAY 19, 2022

A recent Intellectual Property Enterprise Court Decision (IPEC) on 20 April 2022 has decided that ‘Muzmatch’, an online matchmaking service to the Muslim Community has infringed Match.com’s registered trade marks. The decision by Nicholas Caddick Q.C Match.com is one of the largest and most recognisable dating platforms in the UK.

Branding 57

Branding Brands Branding Intellectual Property 57

43(B)log

FEBRUARY 28, 2022

2022 WL 562265, No. 23, 2022) Healthvana operates a health app, Healthvana, and has a trademark (registration) for use in connection with software and software as a service. Healthvana, Inc. Telebrands Corp., CV 20-04305 DDP (SKx) (C.D. Those bottles were filled and shipped to big box customers sometime after April 17.”

False Advertising 64

False Advertising Marketing Marketing Branding 64

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. Defendants market only their K12 brand nationally.

Branding 59

Branding Brands Branding Marketing 59

LexBlog IP

MARCH 18, 2022

On January 14, 2022, Hermès filed a Complaint in the Southern District of New York alleging trademark and trade dress infringement, trademark dilution, false designation of origin, cybersquatting, injury to business reputation, and misappropriation, under the federal Lanham Act and New York state law.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

LexBlog IP

MAY 19, 2022

A recent Intellectual Property Enterprise Court Decision (IPEC) on 20 April 2022 has decided that ‘Muzmatch’, an online matchmaking service to the Muslim Community has infringed Match.com’s registered trade marks. The decision by Nicholas Caddick Q.C

Branding 52

Branding Brands Branding Intellectual Property 52