The IPKat

APRIL 2, 2023

Wales Regional Meeting 2023 - Thursday 20 April at 12:30 pm in Cardiff The meeting will cover a wide range of topics including the transformation at the IPO, the UP and the UPC, and other issues relating to legal developments in the field. Info and registration here. More information here. More details here.

Social Media 67

Social Media Music Registering Trademarks Registration 67

The TTABlog

OCTOBER 19, 2023

2023 USPQ2d XXXX (Fed. The CAFC panel majority focused on the language of Section 14 of the Trademark Act, which "permits a third party to file '[a] petition to cancel a registration of a mark' '[a]t any time if' the registered mark’s 'registration was obtained fraudulently.'" Welch 2023. Chutter, Inc.

Registration 70

Registration Registering Trademarks Trademark Copyright 70

The TTABlog

JANUARY 24, 2023

claiming trademark infringement and dilution of two registered trademarks for medical gloves, one mark consisting of the color purple and the other the color gray. Sri Trang then filed at the TTAB petitions for cancellation of the two registrations. Texas January 18, 2023). Welch 2023. O&M Halyard, Inc.

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Registration Litigation Registering Trademarks Trademark 70

The TTABlog

JUNE 7, 2023

The Board granted a petition to cancel a registration for the mark ARTNCRAFT for, inter alia , ceramic knobs and pulls, finding confusion likely with petitioner's identical, prior-used common law mark for overlapping goods. 92077340 (June 5, 2023) [not precedential] (Opinion by Judge Cynthia C. Welch 2023. Text Copyright John L.

Registering Trademarks 52

Registering Trademarks Registration Trademark Copyright 52

Patent Trademark Blog

NOVEMBER 16, 2021

Why is nonuse of a trademark registration a problem? The US trademark registration system differs from those of foreign countries which do not require usage of their registered trademarks. In the US, a registered trademark must be used continuously on the goods or services identified in the registration.

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Trademark Registration Registering Trademarks Blogging 40

LexBlog IP

JULY 12, 2023

The new social media platform Threads was launched on July 5, 2023. As users rush to join the platform, brands should also prioritize claiming accounts in order to guarantee the availability of their choice names—and to prevent potential bad faith registrants.

Social Media 52

Social Media Branding Brands Branding 52

SpicyIP

AUGUST 7, 2023

Lokesh wrote a post on the 2023 amendments to the Cinematograph Act, 1952 and put out the second post in our ‘SpicyIP Flashback’ series. Discussing the key amendments within the 2023 Act, Lokesh highlights the contentious issues within the law and how they may warrant clarification in the future. Case: VR Holdings v.

Copyright Infringement 98

Copyright Infringement Trademark Law Copyright 98

Patently-O

OCTOBER 18, 2023

by Dennis Crouch In the trademark case of Great Concepts, LLC v. 18, 2023) , the Federal Circuit addressed whether fraud in a declaration of incontestability justifies cancelling the underlying trademark registration. The DANTANA’S mark registered in 2005 as Registration No. Chutter, Inc. ,

Registration 62

Registration Trademark Law Registering Trademarks 62

Garrigues Blog

NOVEMBER 6, 2023

The General Court of the European Union recently refused to allow registration of the “BECAUSE THERE IS NO PLANET B” mark for cosmetic products, stationery and other accessories, holding that it lacked the distinctive character required for the general public to identify it as a trademark.

Advertising 52

Advertising Advertising Trademark Registration 52

Corsearch

FEBRUARY 14, 2023

While the price of consumer goods continues to climb, Valentine’s Day spending in the US is still on course to reach $26 billion in 2023 [1]. The average US consumer is planning to spend $192 on Valentine’s Day gifts in 2023, up by 8% from 2022 – and just shy of 2020’s record ($196), according to The National Retail Federation [2].

Trademark 52

Trademark Non-Fungible Tokens IP Branding 52

The TTABlog

JANUARY 26, 2023

Tam (2017), holding a portion of the nation’s statutory trademark law unconstitutional, Justice Alito wrote: “It is unlikely that more than a tiny fraction of the public has any idea what federal registration of a trademark means.” It certainly is not the way you “get” a trademark. It’s not legally required.

Trademark 62

Trademark Registration Trademark Law Business 62

LexBlog IP

APRIL 19, 2023

To legally put their own trademark on a product originally made by a third party, the seller should first obtain permission from the third party in writing. Registering trademarks with the U.S. Registering copyrights with the U.S. This can lead to expensive “false marketing” litigation.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

LexBlog IP

MARCH 10, 2022

The Trademark Modernization Act (“TMA”) was signed into law on December 27, 2020. Below are the most notable changes made by the TMA and key takeaways for trademark practitioners and brand owners. New Procedures for Challenging Registered Trademarks and Pending Applications.

Trademark 52

Trademark Registration Intellectual Property Intellectual Property Law 52

IP and Legal Filings

MARCH 5, 2023

Riju Ghoshal, 2022 SCC OnLine Bom 626 acknowledged that the plaintiff’s “RPG” marks have grown to be recognised trademarks under Section 2(1)(zg) of the Act. The plaintiff had been utilising the RPG Enterprises Logo (Label) since 1987 and was the registered copyright owner of that logo in India.

Trademark 52

Trademark Registration Business Social Media 52

SpicyIP

DECEMBER 5, 2022

The last date to send the entries is January 2, 2023. Delhi High Court decreed the suit in favor of the Plaintiff and inter alia directed the Defendant to assign its trademark ‘Saptrishi Sandhi Sudha India’ in favor of the Plaintiff, as undertaken by it in its affidavit. Case Summaries. on 25 November, 2022 (Delhi High Court).

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Trademark Registering Trademarks Registration IP 105

43(B)log

JULY 3, 2023

16-6576 (KM) (MAH), 2023 WL 4200169, -- F. 27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. The order was temporarily stayed pending full authentication of the Colombian registrations.

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False Advertising Advertising Advertising Registration 59

LexBlog IP

APRIL 27, 2023

It found that the plain meaning of “proceeding” includes court cases because court cases can “affect” a trademark. This includes, among other things, determining whether someone has the right to register a mark, canceling a registered mark or restoring canceled registrations. [3] 9] 2023 U.S.

Trademark 52

Trademark Designs Design Registration 52

SpicyIP

FEBRUARY 13, 2023

The court further held that “mere international usage of the ‘ALPHARD’ trademark by the Petitioner company is not sufficient to prove spillover of its transnational reputation in India” Delhi High Court grants an interim injunction to the Plaintiff, despite non-use of the mark for 30 years.

Designs 52

Designs Design Trademark Cease and Desist 52

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

DECEMBER 24, 2023

UK Supreme Court Confirms No Patent for “AI-invented” Inventions Image from here On December 20, the UK Supreme Court affirmed its previous decision to deny registration to inventions by Dr. Stephen Thaler’s AI DABUS, holding that an AI software cannot be listed as an inventor. SpicyIP intern Vedika discusses this development.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

Kashishipr

SEPTEMBER 29, 2022

A strong and robust IP portfolio should be created through appropriate IP registrations as they act as primary evidence in any litigation or enforcement proceedings. Patents safeguard novel inventions and innovations. Since it is possible to claim the priority date, counterfeits do not stand a chance against such brands.

Branding 52

Branding Brands Branding Intellectual Property 52

IIPRD

OCTOBER 14, 2022

It is overwhelming that the value of FinTech transactions is projected to increase from $66 billion in 2019 to US$138 billion in 2023 with a current rate of 20% compound annual growth. Thus, the programmers in FinTech are always to register their work before the competent Authority and protect their work from violation.

Intellectual Property 52

Intellectual Property Confidentiality Copyright Technology 52

LexBlog IP

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

43(B)log

APRIL 5, 2024

plaintiff's RAW defendant's Raw Garden Also over a dissent, the panel finds that a court can order trademark applications cancelled, not just registrations. plaintiff's RAW defendant's Raw Garden Also over a dissent, the panel finds that a court can order trademark applications cancelled, not just registrations.

Registration 59

Registration Trademark Registering Trademarks Ownership 59

SpicyIP

JANUARY 9, 2023

Registrar of Trademarks and Ors., whereby the court held the mark to be in custody of the court and held the registration of the mark ‘Jawa’ in favor of Respondent no. SpicyIP Tidbit: CGPDTM notifies Trademark and Patent Agent Examinations. vs Controller Of Patents on 4 January, 2023 (Delhi High Court).

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Trademark IP Registration Reporting 105

SpicyIP

DECEMBER 17, 2023

Ankit Sahni’s AI “Co-authored” Artwork Denied Registration by US, Continues to be Registered in India Can AI (co)author art? US Copyright Office says no to “RAGHAV”s work, even as the same work remains registered as a copyright in India. The last date for submission of entries is February 29, 2024. M/S Loreal S.A

IP 59

IP Trademark Advertising Advertising 59

IP and Legal Filings

JANUARY 22, 2023

It is simply the unauthorised use of the exclusive rights associated with a registered trademark without the owner’s or licensees’ consent. They might improperly profit from the well-earned reputation of the registered trademark. On the other hand, Defendant No. 1 is Imperial Cycle Mfg. Defendant No.

Trademark 78

Trademark Registering Trademarks Social Media Business 78

SpicyIP

DECEMBER 11, 2023

vs LDD Bioscience Private Limited on 30 November, 2023 (Delhi High Court) The Delhi High Court granted an ad interim injunction to the plaintiff against the defendant’s use of “Tumotin” mark. The court held that the defendant’s mark is deceptively similar to the plaintiff’s “Tumorin” trademark. Inventphile Ventures Private Ltd.

Trademark 103

Trademark Fair Use Moral Rights Art 103

SpicyIP

AUGUST 14, 2023

Controller General of Patents on 9 August, 2023 (Delhi High Court) The Delhi High Court illustrated the prescribed process to file a post grant opposition within the Indian Patent Act and Rules and set aside the recommendations of the Opposition Board. Image from here Case: Akebia Therapeutics Inc v. Case: Econcore vs Anjali Technoplast Ltd.

Trademark 98

Trademark Registration Art Reporting 98

SpicyIP

MAY 15, 2023

Deadline for the Applications: 11:59pm IST, 23rd June, 2023. Case: Brompton Lifestyle Brands Pvt Ltd vs Yves Saint Laurent And Anr on 9 May, 2023 (Delhi High Court) Image from here Earlier, in the proceedings before the Ld. Registrar to rectify the Register by removal of the impugned mark. Case: Holyland Marketing Pvt.

Trademark 104

Trademark Registration Cease and Desist IP 104

SpicyIP

FEBRUARY 12, 2024

Introduced to incorporate the Jan Vishwas Act amendments within the Trade Marks Act, the proposed Rules prescribe an adjudication mechanism to hear complaints alleging false representation of a mark as a registered trademark. Read the detailed comments authored by Pranav, Praharsh, Swaraj, and Reva on these Rules. Read on for more!

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

SpicyIP

JANUARY 8, 2024

Wrapping up the first week of 2024, here is a brief recap of our hard-hitting post on TKDL, the detailed comments on the draft Calcutta High Court IPR Division Rules, and an informative take on scandalous and obscene trademark prosecution in India. Discussing the historical foundation of refusing registration to such marks Prof.

Trademark 59

Trademark Registering Trademarks Public Domain Registration 59

SpicyIP

FEBRUARY 27, 2023

on 23.02.2023 (Delhi High Court) The plaintiff who was engaged in the business of pipes, plumbing and the likes had obtained various registrations in respect of the ‘CPVC PRO’ and ‘CPVC PRO’ formative trademarks prior to launching Chlorinated Polyvinyl Chloride (CPVC) piping systems in India. Case: Astral Ltd. Ashirvad Pipes Pvt.

Trademark 104

Trademark IP Registration Technology 104

SpicyIP

SEPTEMBER 8, 2023

Within weeks of its grant, Dabur raised concerns about the ex parte nature of the order, asserting that it had not been granted the due opportunity to present its opposing arguments since the initial hearing took place on August 7, and the order was issued on August 9, 2023, before they could respond.

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Registration Trademark Marketing Marketing 111

43(B)log

SEPTEMBER 11, 2023

4th -, 2023 WL 5735552, No. 6, 2023) Doctrinal evolution is so fascinating! Because the plaintiff doesn’t own the relevant registration, its §32 claims fail, but the court allows §43(a) claims to proceed, partially reversing the district court’s grant of summary judgment—but read on for more on what that might look like.

Advertising 69

Advertising Advertising Marketing Marketing 69

SpicyIP

DECEMBER 12, 2022

Please note: we no longer have any internship vacancies till after February 2023 now). Calcutta High Court allowed an application for rectification directing the Trademarks Registrar to cancel the registration granted to and remove the impugned mark ‘Neemyle’. Case Summaries. Prabhakar v. Louis Vuitton Malletier v.

Copyright Infringement 105

Copyright Infringement Settlement Registration Trademark 105

SpicyIP

DECEMBER 8, 2023

The Delhi High Court, on 30 November 2023, determined that a mark’s global reputation or asserted goodwill alone would not suffice to establish a trans-border reputation claim. This lack of differentiation led to a limited discussion on the standalone importance of the reputational aspect associated with trademarks.

Technology 59

Technology Trademark Business Branding 59