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. It misses you!

Trademark 52

Trademark Registration Branding Brands 52

The IPKat

DECEMBER 10, 2023

More information and registration details are available here. More information, including registration details and the programme can be found here. More information, including registration details and the programme can be found here. The event will take place on June 12-13, 2024. For details, click here.

Intellectual Property 67

Intellectual Property IP Registration Privacy 67

The TTABlog

MARCH 20, 2024

Applicant Global Brand Partners asserted that "the marks are sufficiently different” to avoid a likelihood of confusion. In re Global Brand Partners Pte Ltd , Serial No. 97102423 (March 18, 2024) [not precedential] (Opinion by Judge David K. Text Copyright John L. Welch 2024. What do you think? 215 U.S.P.Q.

Branding 48

Branding Brands Branding Registration 48

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

Corsearch

MARCH 13, 2023

The copyright for one of the first depictions of Mickey Mouse will expire in 2024. Copyright © Walt Disney Animation Studios Interestingly, Mickey started as a character known as “Oswald the Lucky Rabbit”. Copyright protection is usually granted for 95 years to works published between 1923 and 1977. Steamboat Willie.

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

The IPKat

OCTOBER 31, 2023

Photo: shutterstock.com Book launch: Copyright and the CJEU UCL’s Institute of Brand and Innovation Law (‘IBIL’) will host the launch of the new edition of PermaKat Eleonora Rosati’s book ‘ Copyright and Court of Justice of the European Union ’ published by Oxford University Press. The launch will be chaired by The Rt.

Intellectual Property 62

Intellectual Property Intellectual Property Law Journalism Registration 62

The TTABlog

APRIL 18, 2024

91244891 (April 11, 2024) [not precedential] (Opinion by Judge Thomas W. Oddly, Opposer pleaded 35 registrations, 27 of which have been cancelled. The Board focused on one of the pleaded, live registrations, as noted above. Text Copyright John L. Welch 2024. How do you think this came out? Wellington).

Registration 44

Registration Advertising Advertising Marketing 44

The TTABlog

APRIL 22, 2024

Hostess Brands, owner of the registered mark SUZY Q'S for "cake," opposed the application of Holly Sue Williams to register the mark SUZYQ for "Backpacks; Wallets” and “purses," claiming a likelihood of confusion under Section 2(d). Hostess Brands, LLC v. 91272724 (April 18, 2024) [not precedential] (Opinion by Judge Cheryl S.

Branding 44

Branding Brands Branding Social Media 44

Biswajit Sarkar Copyright Blog

NOVEMBER 1, 2023

The commencement of the Spring/Summer Fashion Week 2024 has seen luxury brands display their designs on the ramp again. Apart from designer clothes, this year also saw the debut of new signature colours of two beloved luxury brands-Burberry and Gucci. A colour, if distinctive enough can revolve the image of a brand.

Trademark 79

Trademark Branding Brands Branding 79

SpicyIP

JANUARY 29, 2024

Here is another round of SpicyIP flashbacks by Lokesh, where he looks into Rahul Cherian’s legacy regarding Copyright Disability Exceptions, National Pharmaceutical Policies and Drug Pricing, and the complicated relationship between Taxation and IP. Last date to Register: 29th February 2024 Case Summaries Premier Spg And Wvg Mills Pvt.

Music 59

Music Intellectual Property Copyright IP 59

Kluwer Copyright Blog

OCTOBER 30, 2023

Copyright infringement – Copyright subsists in the Lidl logo and this was copied by Tesco in creating their Clubcard Price(s) signs. On copyright subsistence, the judge held that the Mark with Text is an artistic work, failing within the sub-category of “graphic works”. Another example of a “discounter” supermarket is Aldi.

Copyright 60

Copyright Copying Branding Brands 60

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

MARCH 25, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., M/S Asm Traders & Ors on 18 March 2024 (Delhi High Court ) The case centers on trademark infringement and passing off allegations brought by the Plaintiffs against the Defendants. Baxalta Incorporated v.

Trademark 52

Trademark Patent Copyright Confidentiality 52

The TTABlog

FEBRUARY 23, 2024

Petitioner Oregon Grain requested reconsideration of the Board's denial of its petition for cancellation of a registration for the mark TORPEDO JUICE for "Alcoholic beverages, except beer; Gin; Liquor; Rum" [ TTABlogged here ]. Oregon Grain Growers Brand Distillery Inc. Text Copyright John L. Welch 2024.

Law 62

Law Branding Brands Branding 62

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]. Text Copyright John L. Welch 2024. Naterra International, Inc.

Branding 54

Branding Brands Branding Registration 54

The TTABlog

FEBRUARY 28, 2024

Frequent TTAB litigant Monster Energy Company got mugged in this opposition to registration of the mark shown immediately below, for mugs and plates. 91271109 (February 26, 2024) [not precedential] (Opinion by Judge Mark Lebow). Text Copyright John L. Welch 2024. Victor Rodriguez , Opposition No. UNLEASH THE NITRO BEAST!

Designs 62

Designs Design Registration Business 62

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. Text Copyright John L. Welch 2024.

Advertising 48

Advertising Advertising Branding Brands 48

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. Dow Chem.Co.

Registration 52

Registration Law Litigation Contracts 52

IP and Legal Filings

MAY 8, 2024

Karanveer Singh Chhabra, emerges as a poignant saga, pitting the stalwarts of the liquor industry against each other in a quest for brand integrity and consumer trust. The plaintiffs have obtained registration in respect of their trademark in Class-33. Whether the consumers of such products be able to differentiate between both brands?

Trademark 52

Trademark Intellectual Property Branding Brands 52

The IPKat

NOVEMBER 27, 2023

The claimant had goodwill dating back to 1992 and registrations from October 2015. The defendant had been using since 2013 with registrations from June 2015. The claimant successfully claimed infringement and the invalidity of the defendant’s registrations before HHJ Melissa Clarke sitting in the IPEC.

Editing 70

Editing Registration Branding Brands 70

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

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].

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

The TTABlog

JANUARY 26, 2024

The Board granted a petition for cancellation of a registration for the mark FREEDOM PARTY for "organizing and conducting dance parties" on the ground that Respondent Hyman was not the sole owner of the mark when he filed his underlying use-based application. 92068029 (January 12, 2024) [not precedential] (Opinion by Judge Thomas W.

Registration 67

Registration Ownership Advertising Advertising 67

SpicyIP

FEBRUARY 12, 2024

Comments on the Proposed Trademarks (1st Amendment) Rules, 2024 The recently proposed Trademark Rules amendments were open for comments in a period ending today. Image from here A SARAL Analysis of the Proposed Trade Marks (1st Amendment) Rules, 2024 Just Keep it Simple! Well, it appears the courts think most consumers would.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

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. Other defendants manufactured and sold the Cube with their unique branding through Kitchen Cube’s affiliate program. Leszczynski v. 8-23-cv-01698-MEMF-ADS (C.D.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

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 26, 2024

on 14 February 2024 (Delhi High Court) The petitioner sought the removal of the respondent’s mark ‘CLOVER,’ registered in Class 9. The petitioner, with a prior registration since 2010 and evidence of use since 2000, argued against the respondent’s mark registered in December 2018 on a proposed-to-be-used basis.

Trademark 59

Trademark Copyright Registration Designs 59

The TTABlog

MAY 14, 2024

90978154 (May 8, 2024) [not precedential] (Opinion by Judge Cheryl S. This evidence is more akin to department store evidence as it shows the offering of a wide variety of differently-branded goods by a retailer. TTABlogger comment: Text Copyright John L. Welch 2024. In re Dileep Essentials Pvt.

Designs 51

Designs Design Registration Branding 51

SpicyIP

DECEMBER 24, 2023

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. To read these, along with a round up of IP developments around the country, and world, read on below. Inventprise Inc.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

The IPKat

MAY 15, 2024

Here’s what Jack writes: Conference Report – Fashion Reborn: The Age of AI by Jack Cooper It was with great pleasure that I was able to attend Fashion Law London's latest event held on 13 May 2024 focusing on the impact which AI innovation is having within the Fashion industry. The question remains whether this is achievable for all brands.

Reporting 57

Reporting Branding Brands Branding 57

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. Sun Pharma Laboratories Ltd. vs Dabur India Ltd. &

Invention 105

Invention Music Art Patent Application 105

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?

Registration 62

Registration Copying Trademark Branding 62

The TTABlog

JANUARY 4, 2024

Gibson Brands, Inc. 2024 USPQ2d 11 (TTAB 2023) [precedential] (Order by Ellizabeth J. The Board noted that a counterclaim to cancel a registration owned, but not pleaded, by an adverse party is a permissive counterclaim.] Text Copyright John L. Welch 2024. Paul Reed Smith Guitars and The Estate of Theodore M.

Music 51

Music Registration Licensing Settlement 51

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Thus clarifying that copyright in the screenplay exists independently of the copyright in the film. HarperCollins Publishers India Pvt. the licensee. Hari Shankar.

IP 124

IP Copyright Trademark Intellectual Property 124