43(B)log

APRIL 29, 2024

20-6057 & 20-6100, 2024 WL 1724995 (10 th Cir. 23, 2024) Hetronic has US registrations; Abitron sold Hetronic-branded products without permission to customers around the world, including in the United States. products and to market them at U.S. distributor’s advertising at U.S. distributor’s advertising at U.S.

Advertising 59

Advertising Advertising Trademark Branding 59

The TTABlog

MARCH 15, 2024

Petitioner MHCS sought cancellation of a registration for the mark VEUVE OLIVIER for sparkling wines, claiming a likelihood of confusion with the registered mark VEUVE CLICQUOT for champagne. 92075021 (March 8, 2024) [not precedential] (Opinion by Judge Martha B. Welch 2024. But what about the marks? Text Copyright John L.

Advertising 48

Advertising Advertising Branding Brands 48

LexBlog IP

JANUARY 31, 2024

On January 1, 2024, the copyrights in a number of recognizable works entered the public domain, including, among others, Disney’s iconic Mickey Mouse film “Steamboat Willie,” along with the specific depictions of Mickey Mouse and other characters in the film; A. .”

Public Domain 52

Public Domain Trademark Copyright False Advertising 52

The TTABlog

JANUARY 17, 2024

Banc of California petitioned to cancel a registration for the mark shown below left, on the ground of likely confusion with its registered mark shown below right, both for, inter alia , banking services. 92075496 (January 14, 2024) [not precedential] (Opinion by Judge Michael B. It all boiled down to the first DuPont factor.

Designs 67

Designs Design Registration Service Mark 67

SpicyIP

MARCH 11, 2024

Case Summaries Therelek Machines Private Limited vs Therelek Engineers Private Limited on 28 February, 2024 (Karnataka High Court) The petitioner challenged the rejection of its interim application under Section 124 of the Trade Marks Act, seeking a stay in a suit for trademark infringement.

Trademark 59

Trademark Registration Copyright Patent 59

Patently-O

MAY 5, 2024

by Dennis Crouch In its initial decision, the TTAB dismissed iFIT’s opposition to ERB’s I-FIT FLEX registration — finding no likelihood of confusion because the goods were in separate markets. Specifically, iFIT contends that it actively markets its fitness training services and exercise equipment to cyclists.

Branding 62

Branding Brands Branding Marketing 62

43(B)log

JANUARY 5, 2024

2024 WL 22039, No: 6:20-cv-2354-GAP-EJK (M.D. 2, 2024) Some interesting comments on when individual instances of “confusion” don’t count, as well as their relevance to evaluating out-of-court social media etc. Plaintiff has seven registered trademarks involving Florida Virtual School or FLVS; two of the registrations are incontestable.

Branding 59

Branding Brands Branding Marketing 59

The IPKat

JANUARY 1, 2024

The US copyright for Winnie the Pooh expired in 2021 and it will expire for the original (‘Steamboat Willie’) Mickey Mouse in 2024. here ), car advertisements ( here ) and Hollywood films. Hence it is found to be normal that the earlier mark is exploited outside its market sector, for instance, through licensing or merchandising.

Art 73

Art Music Journalism Marketing 73

Garrigues Blog

OCTOBER 11, 2022

The new regulation that Brussels wants to have in place in 2024, will replace existing national geographical indications schemes. How will the registration process work in practice? The idea is to have a quick and efficient registration system in place from a cost standpoint.

Registration 52

Registration Marketing Marketing Designs 52

43(B)log

APRIL 29, 2024

Kitchen Cube LLC, 2024 WL 1829620, No. 17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. Kitchen Cube cube Leszczynski sued for (1) copyright infringement; (2) violation of Creative Commons license terms; and (3) false advertising and misrepresentation.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

43(B)log

FEBRUARY 21, 2024

2024 WL 665181, No. 16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. All of Peloton’s marketing materials that mention the term ‘Bike+’ are also branded with the [Peloton] mark.” World Champ Tech LLC v. Peloton Interactive, Inc., 21-cv-03202-LB (N.D.

Marketing 59

Marketing Marketing Trademark Branding 59

The TTABlog

MAY 9, 2024

Respondent claimed, however, that petitioner's prior use resulted in "minimal market penetration," asserted that the challenged registration should survive with a carve-out granting rights to Petitioner that are geographically limited to Jellico, Tennessee, and argued laches as an affirmative defense. UBANK , Cancellation No.

Registration 48

Registration Marketing Marketing Settlement 48

SpicyIP

NOVEMBER 26, 2023

Though the defendant’s mark was also registered, the court reiterated that the prior use of the mark has to be protected and the registration will not have any bearing. The respondent had rejected the application holding that the mark is devoid of distinctive character and is ineligible for registration under Section 9(1)(a) or 9(1)(b).

Trademark 59

Trademark Registration Invention Social Media 59

Kluwer Copyright Blog

OCTOBER 30, 2023

These are currently expected to be heard by September / October of 2024. Trade mark infringement Lidl relied on various registrations for each of: the Mark with Text, and the Wordless Mark. Subsequent registrations of the Wordless Mark were also found to be invalid for bad faith. The judgment focused on the Mark with Text.

Copyright 60

Copyright Copying Branding Brands 60

43(B)log

APRIL 15, 2024

3d - , 2024 WL 1083462, No. 12, 2024) GMP is a nonprofit focused on sustainable butchery and meat production practices. 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. Good Meat Project v.

False Advertising 64

False Advertising Advertising Advertising Marketing 64

The TTABlog

APRIL 17, 2024

April 15, 2024). That same principle applies to trademark registration. The lower court found that Timberland's advertising did not call attention to the features that were the subject of its trademark application, but rather depicted the entire boot. Welch 2024. TBL Licensing v. Vidal , Appeal No. 23-1150 (4th Cir.

Designs 62

Designs Design Advertising Advertising 62

43(B)log

JANUARY 19, 2024

2024 WL 195999, No. 18, 2024) The court, grappling with the Fifth Circuit’s rather inconsistent law on misdirected communications, denies a preliminary injunction (subject easily guessable by party names). It has a registration for its logo, comprising stylized wording and a graphic of roads. Rampart Resources, Inc.

Advertising 59

Advertising Advertising Branding Brands 59

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. and Ors. ,

Registration 52

Registration Trademark Copyright Registering Trademarks 52

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? 14 [Submissions by February 29, 2024] NALSAR’s Indian Journal of Intellectual Property Law (IJIPL) is inviting submissions for its 14th Volume. The last date for submission of entries is February 29, 2024.

IP 59

IP Trademark Advertising Advertising 59

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. The trademark registration safeguards the owner’s rights and establishes the business’s legal standing.

Trademark 82

Trademark Non-Fungible Tokens Branding Brands 82

SpicyIP

DECEMBER 12, 2023

The matter is listed before the court on 22 March 2024. But the facts pertaining to its market share indicate that the mark has achieved distinctiveness. product, advertisement or store) before using what we have in our memory to interpret and identify that object.

Trademark 59

Trademark Branding Brands Branding 59

SpicyIP

DECEMBER 30, 2023

Tech Square which was passed against a cancellation petition filed by Toyota against the registration of “Alphard” by Tech Square. Apart from the Madras High Court, the Calcutta High Court has recently published the Draft IPD Rules for public comments by January 5, 2024. Meticulous Market Research Pvt. First, in Toyota v.

IP 124

IP Copyright Trademark Intellectual Property 124

Patently-O

DECEMBER 12, 2021

. § 1052(c) provides, in pertinent part, that the PTO must deny federal registration to a trademark if it “[c]onsists of or comprises a name, portrait, or signature identifying a particular individual except by his written consent….”

Registration 69

Registration Government Advertising Advertising 69