Trademark and Copyright Law Blog

JANUARY 3, 2024

As we ring in 2024, sip some champagne and make a resolution to check in on your trademark portfolio more often. Here are a few productive questions to ask: Do your registrations cover your reality? You may have launched new brands or drastically redesigned your logo since you last interacted with the USPTO.

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Erik K Pelton

NOVEMBER 12, 2023

Pelton & Associates (EMP&A) is a boutique firm focusing on trademark protection for businesses and brands, including trademark and copyright applications, trademark disputes, matters with the Trademark Trial and Appeal Board, trademark clearance searches, and other matters.

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Law Intellectual Property Intellectual Property Law Trademark 162

TorrentFreak

FEBRUARY 16, 2024

Somewhat unusually, however, federal trademark infringement and cybersquatting allegations also played a key role, alongside other claims including unfair competition. The company’s complaint filed last year targeted the unknown domain registrant of kokoatv.net, kokoa.tv, and vidground.com. Judge Michael T.

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Copyright Trademark Copyright Infringement Registration 112

Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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IP and Legal Filings

MAY 8, 2024

Introduction The labyrinthine world of trademark disputes often unveils intricate legal debates and subtle nuances, where the discerning eye of the judiciary must navigate through layers of visual, phonetic, and structural intricacies. The plaintiffs have obtained registration in respect of their trademark in Class-33.

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Trademark Intellectual Property Branding Brands 52

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.

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Branding Brands Branding Intellectual Property 52

The TTABlog

MAY 7, 2024

The application was filed under Section 1(b) and the mark had not been put into use, so the applicant claimed acquired distinctiveness from three other BASQUIAT registrations, but the Board found that its supporting evidence fell short. 97291105 (May 1, 2024) [not precedential] [not precedential] (Opinion by Judge Thomas L.

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Registration Branding Brands Branding 62

Corsearch

MARCH 13, 2023

The copyright for one of the first depictions of Mickey Mouse will expire in 2024. Why Mickey Mouse is still protected The copyright on Steamboat Willie is set to expire in January 2024. So, will other content creators, brands, and consumers be able to use Mickey Mouse in their own works? So, why aren’t Disney concerned?

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Public Domain Trademark Copyright Registering Trademarks 52

The IPKat

MAY 12, 2024

The wine brand had been around since the nineteenth century but changed ownership a few times. Duca di Salaparuta appealed, arguing that when pre-existing national GI registrations were converted into EU unitary registrations, they were fully subject to the validity requirements of the 2008 Regulation on wines. Article 14.3

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Registration Branding Brands Branding 67

SpicyIP

MARCH 25, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the new Patent (Amendment) Rules, and some thoughts on safeguards which can be used by intermediaries to prevent trademark infringement. In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T.,

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The IPKat

MAY 15, 2024

By decision of 8 May 2024 (T-320/23, only available in Spanish), the General Court (GC) confirmed that the sign "NOT MILK" is descriptive of the products in classes 29 and 32, and that the graphical elements do not significantly alter its descriptive nature. The Applicant appealed. We may recall word EU trade mark no.

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Registration Intellectual Property Trademark Branding 57

LexBlog IP

JANUARY 25, 2024

the Ninth Circuit revived a trademark infringement case previously dismissed on grounds that the First Amendment shields “expressive” trademarks from Lanham Act liability unless plaintiff can show the mark (1) has no artistic relevance to the underlying work, or (2) explicitly misleads as to its source. [1]

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Trademark Designs Design Branding 40

Corsearch

NOVEMBER 8, 2023

However, there are a few things that can be disruptive or destructive to your brand like bad actors stealing your company’s domain name and doing with it whatever they wish. See the following new extensions to ensure that your brands are protected in the domain space.TH (Thailand) Application Phase is scheduled to re-open for second-level.th

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Music Privacy Branding Brands 52

LexBlog IP

FEBRUARY 7, 2024

Presently, all product labelling and commercial signs appearing in Quebec must be in French – but the Charter provides certain exceptions for trademarks. Those amendments will significantly restrict those trademark exceptions and have other important consequences for trademark and business owners operating in Quebec.

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Registering Trademarks Advertising Advertising Social Media 52

LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”).

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

SpicyIP

JANUARY 29, 2024

Last date to Register: 29th February 2024 Case Summaries Premier Spg And Wvg Mills Pvt. on 19 January, 2024 (Delhi High Court) The plaintiff filed the present suit against the defendants for operating the impugned Croma websites and defrauding people by charging them money under the pretext of offering part time jobs.

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Music Intellectual Property Copyright IP 59

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. trademark.” Hetronic International, Inc. Hetronic Germany GmbH, F.4th 4th -, Nos. What to do here?

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Advertising Advertising Trademark Branding 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. ERB Industries applied to register I-FIT FLEX for protective and safety eyewear sold at hardware stores such as Home Depot.

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Branding Brands Branding Marketing 63

The IPKat

OCTOBER 19, 2023

The discussion will cover trademarks, patents and designs. The UCL’s Institute of Brand & Innovations Law is holding an event on the topic of the relationship between the EPO and the UPC on Wednesday 29 November. The theme is ‘Digital and Green’ and the call for paper’s deadline is set on the 8 January 2024.

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Intellectual Property Intellectual Property Law Editing Patent Law 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.

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Branding Brands Branding Marketing 59

The TTABlog

FEBRUARY 20, 2024

The CAFC vacated the Board's decision [ here ] denying a petition for cancellation of a registration for the mark BABIES' MAGIC TEA for "medicated tea for babies that treats colic and gas and helps babies sleep better." 14, 2024) [precedential]. Welch 2024. Naterra International, Inc. Samah Bensalem , Appeal No. 2022-1872 (Fed.

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Branding Brands Branding Registration 54

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. 3d 620, 629, 115 USPQ2d 2024, 2030 (Fed. General Cigar Co.,

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Registration Law Litigation Contracts 52

LexBlog IP

JULY 5, 2023

On June 29, 2023, the Supreme Court adopted a restrictive view of the extraterritorial application of the Lanham Act, holding that federal trademark law cannot support a claim for trademark infringement against solely foreign conduct. commerce, meaning that profits lost to trademark infringers abroad cannot be recovered in U.S.

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Trademark Marketing Marketing Contracts 52

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.

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Intellectual Property Registration IP Copyright 80

IIPRD

NOVEMBER 14, 2023

There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. The scam can be at various levels and multi-facet forms including mimicking websites, selling cheaper copies of brands or even stealing ideas of originators [4]. 26, 2023, 11:00 AM), [link].

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Intellectual Property Due Diligence Journalism IP 59

Kluwer Copyright Blog

OCTOBER 30, 2023

These are currently expected to be heard by September / October of 2024. Lidl is described in the judgment as a “discounter” supermarket: it focuses on own-branded products and a “more curated selection of goods thus enabling greater control over price” (Paragraph [51]). The precise details of what is being appealed is not yet known.

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Copyright Copying Branding Brands 60

IP Intelligence

MAY 9, 2024

The Trademark Trial and Appeal Board’s (Board) precedential decision to uphold a refusal to register a proposed color mark in In re Post Foods, LLC [1] highlights the strategic and technical aspects involved in registering a color trademark as applied to a product. Post then appealed the examiner’s refusal to the Board.

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Advertising Advertising Trademark Registration 98

Indiana Intellectual Property Law

FEBRUARY 7, 2024

POWERING THE FUTURE.

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Registration Trademark Technology Designs 52

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

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IP and Legal Filings

FEBRUARY 7, 2023

This demonstrates the succinctness and simplicity of the Metaverse’s trademarking mechanism. Their rights will be protected thanks to the metaverse brands’ trademarks. By deterring rip offs, trademarks safeguard a company’s identity and the repute of its brand(s), especially in the Metaverse.

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Trademark Non-Fungible Tokens Branding Brands 80

43(B)log

APRIL 5, 2024

4th -, 2024 WL 1356981, Nos. 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. BBK sells smoking-related products with RAW branding; CCA allegedly infringed by selling cannabis products with the mark “Raw Garden.”

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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.

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Trademark Registering Trademarks Public Domain Registration 59

SpicyIP

FEBRUARY 26, 2024

Last week we published 3 posts on the MHC’s interpretation of Section 3(d) in the Novozymes case, DHC’s referral of 3 questions concerning the jurisdiction of High Courts in trademark rectification matters, and DHC’s decision on infringement of product by process claims. Anything we are missing out on? Legislative Oversight?

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Trademark Copyright Registration Designs 59

The TTABlog

MARCH 28, 2024

Applicant C&D Brewing argued that the marks differ in sound, appearance, and connotation, and C&D pointed to "83 pairs of registrations that contain identical or nearly identical marks where one in the pair is registered for beer and the other for soda pop/soft drinks (from distinct owners)." How do you think this appeal came out?

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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.

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Registration Trademark Copyright Registering Trademarks 52

SpicyIP

FEBRUARY 19, 2024

Case Summaries Hmd Mobile India Private Limited vs Mr Rajan Aggarwal & Anr on 9 February, 2024 (Delhi HC) image from here The Plaintiff had filed a petition under Section 50 of the Copyright Act, 1957 for expunging the copyright registration against the Defendant. Let us know your thoughts in the comments below!

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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. It sued Peloton for trademark infringement and other claims after the defendant launched a new line of interactive stationary bicycles under the name “Peloton Bike+.” 21-cv-03202-LB (N.D.

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