DuetsBlog

OCTOBER 18, 2023

Instead, it held “that Section 14 [of the Lanham Act] does not authorize the Board to cancel a registration based on a fraudulent Section 15 Declaration,” correcting almost fifty years of the TTAB believing otherwise. Based on the statute, we reverse the Board’s cancellation of Great Concepts’ registration.

Registration 52

Registration Trademark 52

The IPKat

APRIL 22, 2024

Over the next few months, the following will take place and IPKat readers will have an opportunity to enroll with a 25% discount in the registration fees: Summer Course on European Intellectual Property Law Trier, 1-5 July 2024 This course will provide a thorough introduction to European intellectual property law.

Intellectual Property Law 62

Intellectual Property Law Intellectual Property IP Litigation 62

The IPKat

APRIL 30, 2024

The session considered the more traditional "AGRI GI" regime (which will be updated when the new Regulation (EU) No 2024/1143 enters into force) and the new Craft GI instrument alongside pivotal topics like the interplay between GIs and EU certification and collective marks, together with the third-country dimension to GIs.

Reporting 78

Reporting Law IP Intellectual Property 78

The IPKat

FEBRUARY 23, 2024

By decision of 17 January 2024 , the General Court (GC) ruled in a case concerning several national trade marks applications carried out with the aim of bypassing the six-month cooling-off period provided by Article 29(1) of Regulation No 207/2009. The trade mark was registered on 29 April 2014 with no. 207/2009.

Registration 67

Registration Law Patent 67

The TTABlog

APRIL 2, 2024

The Board dismissed this opposition to registration of a mark comprising the product configuration of boxes for storing board game components or dice, rejecting Opposer Chris Taylor's claims of de jure functionality and lack of acquired distinctiveness. 91255161 (March 29, 2024) [not precedential] (Opinion by Judge Elizabeth A.

Designs 57

Designs Design Social Media Registration 57

The IPKat

NOVEMBER 14, 2022

Banksy's Laugh Now But One Day We’ll Be In Charge A while ago The IPKat reported [ here and here ] on a string of cancellations of elusive artist Banksy ’s EU trade mark (EUTM) registrations relating to some of their best-known artworks. The reason? Let’s see how the Board reasoned. (Ir)relevance

Artwork 122

Artwork Copyright Registration Public Domain 122

The TTABlog

JANUARY 3, 2023

In the latest round of this 25-year-old saga, the Board granted a petition for cancellation of two registrations for the mark COHIBA (one mark in standard form, the other slightly stylized) for "cigars," on the ground of violation of Article 8 of the Pan American Convention. The Board said no. Empresa Cubana Del Tabaco d.b.a.

Registration 52

Registration Law Litigation Contracts 52

The TTABlog

FEBRUARY 27, 2024

The USPTO refused registration of the mark TABLEAU for wine, finding confusion likely with the identical mark registered for "restaurant and bar services; cocktail lounges." 97040804 (February 22, 2024) [not precedential] (Opinion by Judge Wendy B. Welch 2024. How do you think this came out? In re Caymus Vineyards , Serial No.

Registration 51

Registration Trademark Advertising Advertising 51

The IPKat

JANUARY 19, 2024

Application process for EU protection of GIs for industrial and craft products The Regulation provides for a two-step application process for registration ( Art. If the Commission agrees, the applicant can file the request directly through the EUIPO via a direct registration procedure ( Artt. 7 of the Regulation ).

Art 70

Art Registration Law Designs 70

The TTABlog

MARCH 27, 2024

90432695 (March 25, 2024) [not precedential] (Opinion by Judge Cynthia C. The CAFC there, in a case involving a failure-to-function refusal of the phrase EVERBODY VS RACISM, said: The [Trademark] Act conditions the registrability of any mark on its ability to distinguish an applicant’s goods and services from those of others.

Service Mark 54

Service Mark Registration Trademark Designs 54

IP and Legal Filings

MARCH 19, 2024

ABSTTRACT The constraints placed on trademark registration, particularly concerning common English words by recent judicial review by Justice C. This article explores real world examples, international perspectives and aims to provide comprehensive understanding of the complexities surrounding trademark restriction.

Branding 52

Branding Brands Branding Intellectual Property 52

The IPKat

NOVEMBER 19, 2023

Photo: shutterstock.com Events UCL Annual Privacy Lecture 2024 University College London‘s (UCL) Institute of Brand & Innovation Law will hold its Annual Privacy Lecture 2024 on „AI-Enabled Crime“ on Wednesday, January 31 2024. More information and registration details can be found here.

Intellectual Property 67

Intellectual Property Intellectual Property Law Privacy Editing 67

LexBlog IP

JANUARY 17, 2024

This is the first article in a new series about the CTA. To learn more about what information is required to be reported and who qualifies as a beneficial owner or company applicant, please read our other articles in this series: The Corporate Transparency Act (Parts 1-4). The CTA takes effect on January 1, 2024.

Reporting 52

Reporting Business Editing Ownership 52

Patently-O

FEBRUARY 4, 2024

by Dennis Crouch On Monday, February 5, 2024, the Federal Circuit will sit together for the first time in years to hear an en banc patent case. See you there (REGISTRATION). In LKQ Corporation v. GM Global Technology Operations LLC , the court will consider whether to apply a more stringent obviousness test to design patents.

Design Patent 51

Design Patent Designs Design Patent 51

The IPKat

JANUARY 25, 2024

By decision of 24 January 2024 ( T-537/22 ), the General Court of the European Union (GC) confirmed the validity of the Registered Community Design (RCD) by Lego A/S (Lego) “Building blocks from a toy building set” by stating that an RCD is invalid only if all its features are excluded from protection. On 2 February 2010 Lego obtained RCD No.

Designs 70

Designs Design Registration Intellectual Property 70

The TTABlog

MARCH 5, 2024

90518181 (February 27, 2024) [not precedential] (Opinion by Judge Christopher C. Under the Inwood test, a product configuration is functional under Section 2(e)(5) if (1) it is "essential to the use or purpose of the article,” or (2) it "affects the cost or quality of the article." Welch 2024. Text Copyright John L.

Design Patent 70

Design Patent Designs Design Trademark 70

LexBlog IP

DECEMBER 18, 2023

IP Australia has published a draft of its four-yearly Cost Recovery Implementation Statement (CRIS) , which outlines proposed fee changes that would take effect from October 2024. Consultation is open until Sunday, 21 January 2024.

IP 52

IP Designs Design Registration 52

LexBlog IP

AUGUST 29, 2023

This is the first article in a new series about the CTA. To learn more about what information is required to be reported and who qualifies as a beneficial owner or company applicant, please read our other articles in this series: The Corporate Transparency Act (Parts 1-4). The CTA takes effect on January 1, 2024.

Reporting 52

Reporting Ownership Business Editing 52

The IPKat

OCTOBER 13, 2023

In decision G1/22 and G/22 (press release and decision found here ), the EBA had to answer the question as to whether the co-applicant of a PCT application who is different from the inventors named in a US priority application can, in the European phase, validly rely on the priority right under Article 87(1) EPC?

Intellectual Property 67

Intellectual Property Designs Design Inventor 67

The IPKat

MARCH 4, 2024

by Spyridon Sipetas Le sac Swoosh - Instagram (@Jacquemus) On February 26, Jacquemus and Nike revealed their latest collaborative piece, ‘Le sac Swoosh’ (or ‘The Swoosh bag’), teasing their upcoming Spring/Summer 2024 collection, in the context of their partnership, dating back to 2022.

Copying 104

Copying Branding Brands Branding 104

LexBlog IP

JANUARY 17, 2024

This is the third article in a new series about the CTA. For more information related to which entities qualify as “reporting companies,” please read our other articles in this series: The Corporate Transparency Act (Parts 1-4). BOI reports must be filed with FinCEN electronically on FinCEN’s website.

Reporting 52

Reporting Ownership Business Editing 52

LexBlog IP

JANUARY 9, 2024

In a recent decision, the United States Court of Appeals for the Federal Circuit affirmed the decision of the Trademark Trial and Appeal Board (“Board”) to deny registration of “EVERYBODY VS RACISM” because the “public is unlikely to associate the mark.

Trademark 52

Trademark Trademark Law Registration Licensing 52

The IPKat

JANUARY 27, 2024

A new law entered into force on 11 January 2024 that aligns the protection of Italian artisanal and industrial products with the EU Regulation. Chanel unsuccessfully opposed the registration of the word mark ‘HiCoco’ in Germany on the basis of its trade mark for ‘COCO’. You can read her full article in GRUR International here.

Derivative Work 62

Derivative Work Intellectual Property Editing Copyright 62

The IPKat

JANUARY 12, 2024

AIPPI Rapid Reaction on Thaler in the Supreme Court next Thursday Next Thursday, 18 January, AIPPI UK is hosting their first event of 2024 and it's a good one - and online! The charge for non-members is £60.00, payable online at the time of registration. New membership applications are welcome – please see website www.aippi.org.uk

IP 67

IP Intellectual Property Law Law Invention 67

LexBlog IP

AUGUST 29, 2023

This is the third article in a new series about the CTA. For more information related to which entities qualify as “reporting companies,” please read our other articles in this series: The Corporate Transparency Act (Parts 1-4). Reports will not be accepted prior to January 1, 2024.

Reporting 52

Reporting Ownership Business Editing 52

Patently-O

APRIL 18, 2024

2024), centers on Dr. Stephen Thaler’s attempts to register a copyright for an artistic image autonomously generated by his AI system that he has named the “Creativity Machine.” Copyright Office refused registration on the basis that the work lacked the required human authorship. The case, Thaler v. Perlmutter , No.

Copyright Law 62

Copyright Law Copyright Registration Inventor 62

The IPKat

JANUARY 16, 2022

This is the second EU SME fund to support SMEs in their COVID -19 economic recovery and green and digital transformation over the next three years (2022-2024). In addition, 75% of the fees charged by IP offices (including national IP offices, EUIPO and the Benelux IP Office) for the registration of trade marks and designs will be reimbursed.

Intellectual Property 80

Intellectual Property Registration IP Copyright 80

The IPKat

SEPTEMBER 24, 2023

by Antonios Baris and Spyridon Sipetas This September’s Fashion Week introduced us to the Spring/Summer 2024 collections of all major fashion houses and brought along with it the emergence of their new signature colours. Eagerly waiting to shop Gucci ss 2024 collection. 017215237 , 017215245 , 017535832 , 017535816 ).

Branding 78

Branding Brands Branding Designs 78

Copyright Lately

MARCH 13, 2024

Wordle’s Copyright Registration Even if we assume that the Wordle elements in which the Times claims protection are, in fact, unique and protectable, the company’s DMCA notice still appears to misstate the scope of its rights. copyright registration doesn’t claim rights in the game’s graphics or other visual elements.

Social Media 97

Social Media Copyright Registration Copying 97

Plagiarism Today

JANUARY 3, 2023

It’s ruled that AI-generated content does not qualify for copyright protection and that any use of AI in a work needs to be disclosed when filing a registration so that material can be excluded. It’s unlikely that we’ll know the long-term impacts of AI in 2023 or even 2024. Copyright Office (USCO) has given us some more clear guidance.

Plagiarism 311

Plagiarism Copyright Content Creation Artwork 311

The IPKat

MAY 9, 2024

Therefore the position sign lacks of distinctive character under Article 7(1)(b) of EUTMR , as it could not serve as a badge of origin of the products. 018840401 for the padlock and for the pendants under EUTM registration no. Background of the case On 30 June 2023, fashion company Loro Piana S.p.A.

Marketing 62

Marketing Marketing Intellectual Property Designs 62

SpicyIP

APRIL 9, 2024

On 22nd February 2024, the Delhi High Court, in UPL Limited v. The problem lies in having such sweeping powers even prior to the registration of the plant variety which can be exercised arbitrarily without even examining the requisite criteria (novelty, distinctiveness, uniqueness, and stability) to be a registered plant variety.

Registration 45

Registration Law Art Government 45

LexBlog IP

JULY 25, 2023

This article provides a comprehensive exploration of the CTA’s new beneficial ownership reporting requirements, outlining who needs to report, what exceptions apply, and crucial timelines for compliance. Companies created or registered before January 1, 2024 , have until January 1, 2025, to file their initial reports.

Ownership 52

Ownership Reporting Business Registration 52

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

LexBlog IP

JANUARY 25, 2024

.—an online party, greeting card, and event planning service—sued defendant AJ Press, LLC for trademark infringement and unfair competition arising from its offering of Punchbowl News, a subscription-based online news service that provides articles and podcasts about American politics. [3] 21-55881, 2024 WL 134696 (9th Cir.

Trademark 40

Trademark Designs Design Branding 40

LexBlog IP

JULY 5, 2023

The Lanham Act applies to persons who, without the consent of the trademark registrant, “use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark.[if] Special thanks to Mattie Kleinpeter , Tulane Law Class of 2024, for her research and assistance in writing this article.

Trademark 52

Trademark Marketing Marketing Contracts 52

Technology & Marketing Law Blog

JANUARY 4, 2024

5 at 4 (“[A]ddresses provided on the e-commerce stores indicate that the registrants are in China and other neighboring countries.”). 2, 2024) Prior Blog Posts on the SAD Scheme Why Online Marketplaces Don’t Do More to Combat the SAD Scheme–Squishmallows v. See ECF No. StopTheSADScheme Case Citation : Jiangsu Huari Webbing Leather Co.,

Litigation 77

Litigation Patent Blogging Trademark 77