Indiana Intellectual Property Law

SEPTEMBER 11, 2023

Trademark Office issued the following 174 trademark registrations to persons and businesses in Indiana in August 2023 based on applications filed by Indiana trademark attorneys: Reg. 70% SYNTHETIC HAIR. 70% SYNTHETIC HAIR.

Registration 52

Registration Trademark Designs Design 52

The IPKat

SEPTEMBER 27, 2022

The Office underlined that the 2023 draft Guidelines (see here ) will set out such a practical approach (see here the draft of Trade Marks Guidelines , section “6.25 Challenges involving designs in the metaverse were also addressed. Downloadable goods and virtual goods” ), on which stakeholders can still comment before 3 October 2022.

Designs 144

Designs Design Non-Fungible Tokens Editing 144

Patent Trademark Blog

JULY 13, 2023

Can you copyright product designs and shapes? In addition to patents and trademarks, copyright registrations can be valuable in protecting certain products. Copyright registrations, therefore, may help to protect the 2-dimensional artwork of a design, the 3-dimensional shape of a product or a combination of both.

Designs 52

Designs Design Copyright Artwork 52

TorrentFreak

NOVEMBER 30, 2023

That included those whose names appeared in public WHOIS databases as registrants or owners of domains. In an August 2023 joint submission to the United States Patent and Trademark Office (USPTO), Hollywood, the recording industry, TV companies, the gaming industry and publishers left little doubt that patience had run out.

Registration 88

Registration Public Domain Privacy Intellectual Property 88

The TTABlog

OCTOBER 31, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled six oral hearings for the month of November 2023. November 2, 2023 - 1 PM: Baxter S.r.l. 91263387 [Opposition to registration of BAXTON STUDIO for furniture, on the ground of likelihood of confusion with the registered mark BAXTER for furniture.] Welch 2023.

Registration 67

Registration Business Designs Design 67

The TTABlog

OCTOBER 24, 2023

The Board recently decided three Section 2(d) oppositions in which it held oral arguments in August 2023. 91263939 (September 28, 2023) [not precedential] (Opinion by Judge Frances S. 91247343 (September 6, 2023) [not precedential] (Opinion by Judge George C. Kuhlke) [Opposition to registration of FOUR SEASONS OUTDOOR LIVING CO.

Registration 67

Registration Designs Design Branding 67

The TTABlog

JULY 31, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine oral hearings for the month of August 2023. August 3, 2023 - 11 AM: TF Intellectual Property Pty Ltd v. August 3, 2023 - 1 PM: Mealpass, Inc. August 8, 2023 - 11 AM: In re Molina Healthcare, Inc. August 9, 2023 - 11 AM: Billy Stott v.

Contracts 52

Contracts Registration Designs Design 52

Indiana Intellectual Property Law

FEBRUARY 10, 2023

Trademark Office issued the following 132 trademark registrations to persons and business in Indiana in January 2023 based on applications filed by Indiana trademark attorneys: Reg. 6944877 LAKE ESCAPE 6939584 REPAIRWARES GET IT RIGHT THE FIRST TIME. 6944877 LAKE ESCAPE 6939584 REPAIRWARES GET IT RIGHT THE FIRST TIME.

Registration 52

Registration Trademark Designs Design 52

Indiana Intellectual Property Law

AUGUST 4, 2023

Trademark Office issued the following 176 trademark registrations to persons and businesses in Indiana in July 2023 based on applications filed by Indiana trademark attorneys: Reg. 7101841 7101840 HEATING + AIR PARAMEDICS 7101839 DON’T WORRY, WE’RE HERE TO HELP.

Registration 52

Registration Trademark Branding Brands 52

LexBlog IP

MARCH 8, 2023

Save the Date to Attend the 16 th Annual USPTO Design Day The 2023 iteration of the United States Patent and Trademark Office (USPTO)’s annual Design Day will be held on May 4, 2023, with options to attend either in-person at USPTO headquarters in Alexandria, Virginia or virtually.

Designs 40

Designs Design Intellectual Property Intellectual Property Law 40

The TTABlog

NOVEMBER 17, 2023

In a highly detailed and instructive opinion, the Board granted a petition for cancellation of a registration for the product configuration shown below, for a "spring-loaded glass-breaking device," on the ground of de jure functionality under Section 2(e)(5). 92078038 (November 14, 2023) [not precedential[ (Opinion by Judge Jonathan Hudis).

Registration 67

Registration Designs Design Advertising 67

The TTABlog

JANUARY 31, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled six (6) oral hearings for the month of February 2023. February 7, 2023 - 1 PM: Eden Foods, Inc. February 9, 2023 - 1 PM: National Academy of Television Arts and Sciences and Academy of Television Arts and Sciences v. Kraferd , Opposition No. Haas Outdoors, Inc.

Television 57

Television Registration Art Designs 57

The TTABlog

JULY 25, 2023

The latest issue of Allen's Trademark Digest includes a compilation of my capsule summaries of the precedential "Decisions of the Federal Circuit and the Trademark Trial and Appeal Board on Registrability Issues - July 2022 to June 2023." Welch 2023. download pdf here ]. Set out below is my brief introduction to the compilation.

Registration 52

Registration Music Trademark Designs 52

The TTABlog

FEBRUARY 28, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled eight oral hearings for the month of March 2023. March 7, 2023 - 10 AM [Virtual]: Alaskan Brewing & Bottling Co. 91264066 [Section 2(d) opposition to registration of ALASKA TRAILS PALE ALE. March 8, 2023 - 11 AM [Virtual]: In re Garan Services Corp.

Designs 57

Designs Design Registration Journalism 57

The IPKat

FEBRUARY 29, 2024

In a decision delivered this week, the Court of Appeal of England and Wales (the Court) has upheld the design infringement claim brought by Marks and Spencer (M&S) against Aldi in respect of their gin-based flavoured liqueur range, in what may be a catalyst for a shift from trade mark law to design law for product "lookalike" claims.

Designs 62

Designs Design Registration Intellectual Property 62

The TTABlog

OCTOBER 11, 2023

Plus, the designs are different, and surely "indestructible" is a laudatory and weak term. 88615185 (October 3, 2023) [not precedential] (Opinion by Judge Mark Lebow). As to the goods, applicant's "shoes" encompass registrant's athletic "footwear." Welch 2023. How do you think this appeal came out? Text Copyright John L.

Designs 62

Designs Design Registration Copyright 62

The TTABlog

DECEMBER 1, 2023

Global Commodities petitioned for cancellation of a registration for the mark shown below left, claiming likely confusion with its registered mark shown below right, both for "rice." 92078857 (November 29, 2023) [not precedential] (Opinion by Judge Mark A. The Board found petitioner's "fawn" design mark to be inherently distinctive.

Designs 70

Designs Design Registration Marketing 70

Patently-O

JULY 20, 2023

2023) The Timberland Boot trade dress case is pending before the Fourth Circuit, raising some interesting questions about the role of product trade dress vs design patents vs copyright vs utility patents. Timberland boots were first sold in the 1970s with a unique design that quickly resonated with consumers. Vidal (4th Cir.

Designs 74

Designs Design Cease and Desist Design Patent 74

IP Tech Blog

JANUARY 22, 2024

Copyright Office’s AI Initiative launched in early 2023. Among other things, the Initiative’s portal compiles registration decisions for AI-generated materials. Particularly instructive is a December 11, 2023 decision by the Copyright Review Board affirming the denial of registration to an AI-generated artwork.

Registration 62

Registration Art Copyright Editing 62

LexBlog IP

JANUARY 31, 2024

We presented a webinar last week entitled How to Win Your Next Trademark Battle: Lessons Learned in 2023 to give brand owners and their lawyers an overview of key takeaways from last year’s trademark cases. If you missed our live presentation, you can view a recording here. In Abitron Austria GmbH et al v. Jianxing Micarose Trade Co.,

Trademark 52

Trademark Registration Branding Brands 52

The TTABlog

APRIL 3, 2023

TTAB Sustains Section 2(d) Opposition to RAMEN HOOD & Design for Asian-Themed Restaurant Services TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out? Yes] TTABlog Test: Is AGI2 for Lighting Fixtures Confusable With AGI & Design for Architectural Signage Lighting? Precedential No.

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Registration Designs Design Trademark 70

Indiana Intellectual Property Law

JUNE 9, 2023

Trademark Office issued the following 190 trademark registrations to persons and businesses in Indiana in May 2023 based on applications filed by Indiana trademark attorneys: Reg.

Registration 52

Registration Trademark Designs Design 52

The TTABlog

DECEMBER 12, 2023

In this battle of the birds, frequent TTAB plaintiff Abercrombie & Fitch opposed an application to register the mark shown below left, for various clothing items, claiming a likelihood of confusion with its registered design mark shown below right, for overlapping clothing items. So it all boiled down to the marks. The Wet Seal, Inc.

Designs 56

Designs Design Registration Business 56

The TTABlog

MARCH 20, 2023

In a whopping 163-page opinion, the Board granted a petition for cancellation of two registrations for the configuration of safety helmets, rejecting Petitioner Honeywell's Section 2(e)(5) functionality claim but sustaining Honeywell's claim of lack of acquired distinctiveness. referred to as the "Ridge Designs"). ERB Industries, Inc.

Registration 68

Registration Advertising Advertising Designs 68

The IPKat

DECEMBER 14, 2023

This Africa IP Highlights 2023 is the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. Interested readers can find the Africa IP Highlights 2022, here. Today, we begin with developments in the copyright field.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

Dear Rich IP Blog

AUGUST 27, 2023

Dear Rich: I am adapting needlework-like designs used in pottery/chinaware by creating patterns for needleworkers. What are the laws covering those designs for which I cannot get permission? What will happen if you use chinaware designs without permission? That depends on these factors: Do you need permission?

Designs 52

Designs Design Copyright Notice Public Domain 52

Indiana Intellectual Property Law

JULY 13, 2023

Trademark Office issued the following 119 trademark registrations to persons and businesses in Indiana in June 2023 based on applications filed by Indiana trademark attorneys: Reg.

Registration 40

Registration Trademark Designs Design 40

The TTABlog

DECEMBER 30, 2022

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine (IX) oral hearings for the month of January 2023. January 10, 2023 - 1 PM: In re OptConnect Management, LLC , Serial Nos. January 12, 2023 - 2 PM: Ultrasun AG v. January 17, 2023- 1 PM: In re Nature Cravings Pet Treats LLC , Serial Nos.

Registration 57

Registration Advertising Advertising Designs 57

The TTABlog

JUNE 30, 2023

TTABlog Test: Is CLAIM WATCHER Confusable With CLAIM WATCH & Design for Certain Insurance Claim Services? [No] TTABlog Test: Is "K2 MOTORCARS & Design" Confusable With "K2 MOTOR & Design" For Automobile-Related Services? [No] Welch 2023. Goods in Trade: Precedential No.

Ownership 57

Ownership Registration Designs Design 57

The TTABlog

JUNE 30, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled four (IV) oral hearings for the month of July 2023. July 13, 2023 - 11 AM: In re Molina Healthcare, Inc. July 18, 2023 - 2 PM: In re Locals Technology Inc. July 19, 2023 - 1 PM: TF Intellectual Property Pty Ltd v. Welch 2023. Serial Nos. Serial Nos.

Television 57

Television Technology Designs Design 57

Kluwer Copyright Blog

APRIL 13, 2023

Photo by Markus Spiske on Unsplash Welcome to the first trimester of the 2023 round up of EU copyright law! In this edition, we report on an AG Opinion that came out late in 2022 and update you on what has happened in the first trimester of 2023 in EU copyright law.

Copyright Law 75

Copyright Law Law Copyright Copying 75

LexBlog IP

JANUARY 22, 2024

Copyright Office’s AI Initiative launched in early 2023. Among other things, the Initiative’s portal compiles registration decisions for AI-generated materials. Particularly instructive is a December 11, 2023 decision by the Copyright Review Board affirming the denial of registration to an AI-generated artwork.

Registration 52

Registration Copyright Art Editing 52

The TTABlog

MAY 1, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine oral hearings for the month of May 2023. May 2, 2023 - 2 PM [In-person]: In re Puma SE , Serial No. May 9, 2023 - 10 AM [In-person]: In re International Technology Law Association, Inc. May 9, 2023 - 1 PM [In-person]: In re MercadoLibre, Inc.

Branding 57

Branding Brands Branding Designs 57

The TTABlog

MARCH 31, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled eight (8) oral hearings for the month of April 2023. April 11, 2023 - 1 PM [Virtual]: In re Panini America, Inc. April 11, 2023 - 1 PM [Virtual]: In re Panini America, Inc. April 12, 2023 - 1 PM [Virtual]: In re Garan Services Corp. Welch 2023.

Journalism 57

Journalism Contracts Trademark Registration 57

IP and Legal Filings

JANUARY 26, 2023

2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.

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Registration Trademark Trademark Law Law 80

The TTABlog

AUGUST 7, 2023

The USPTO refused to register the mark SUNSET SUSHI & Design on the ground of likelihood of confusion with the registered mark BANSHOO SUSHI BAR & Design , for overlapping restaurant services. According to the cited registration, the English translation of "BANSHOO" is "SUNSET." Welch 2023. Text Copyright John L.

Designs 40

Designs Design Registration Copyright 40

Patently-O

OCTOBER 18, 2022

The USPTO is seeking comment on two proposals that would expand the scope of who may become a “patent attorney” Expanding admission criteria for registration to practice in patent cases before the USPTO. Comments should be submitted by Jan 17, 2023 via the eRulemaking Portal.

Design Patent 56

Design Patent Designs Design Litigation 56