The TTABlog

JANUARY 12, 2024

Here are the first three Section 2(d) appeals decided by the TTAB in 2024. 90690591 (January 3, 2024) [not precedential] (Opinion by Judge Elizabeth A. In re Master Brands , Serial No. 88892357 (January 9, 2024) [not precedential] (Opinion by Judge Cynthia C. Welch 2024. How do you think they came out?

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Contracts Technology Branding Brands 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 In re Global Brand Partners Pte Ltd , Serial No. 97102423 (March 18, 2024) [not precedential] (Opinion by Judge David K. Welch 2024. What do you think? Read comments and post your comment here.

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Branding Brands Branding Registration 48

IP and Legal Filings

MARCH 19, 2024

INTRODUCTION For consumer identification and brand protection a crucial mechanism is important which is served by trade mark law. However brands like fast food nation having managed to create a unique identity by incorporating the term into distinctive brand. [ii] Computer of computers, medicines names.

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Branding Brands Branding Intellectual Property 52

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. People buy things not for what they can do, but also for what they mean” (Levy, 1959).

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Branding Brands Branding Designs 78

43(B)log

MARCH 14, 2024

2024 WL 1051951No. 11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! We are fiercely protective of the Crocs brand and our iconic DNA. Double Diamond Distribution Ltd. Crocs, Inc., 23-cv-01790-PAB-KAS (D.

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False Advertising Advertising Advertising Branding 59

Dragons' Den

FEBRUARY 9, 2024

Emma is a fashion designer and founder of denim company, Good American. Touker Suleyman felt that her idea of an app was not the best way to promote the brand and was soon out. This episode of Dragons’ Den had a distinct health and hair care flavour, aimed at keeping us healthy in mind and body.

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Blogging IP Designs Design 52

Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

False Advertising 101

False Advertising Invention Advertising Advertising 101

The TTABlog

APRIL 18, 2024

91244891 (April 11, 2024) [not precedential] (Opinion by Judge Thomas W. The Board found the amount spent on advertising and marketing (designated "confidential") was "particularly impressive." Welch 2024. Are the goods sufficiently related? How do you think this came out? Nemiroff Intellectual Property Establishment v.

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Registration Advertising Advertising Marketing 44

The IPKat

MARCH 24, 2024

In addition to being works of scientific achievement, many luxury timepieces are artistic wonders with innovative designs, like some of the reportedly 100 000 (!) Brands like Rolex, Patek Philippe and Audemars Piguet hold rich trade mark and design portfolios and enforce their rights vigorously.

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IP Marketing Marketing Reporting 70

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. It will be held on December 7-8 2023 in Hong Kong.

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Intellectual Property Intellectual Property Law Journalism Registration 62

43(B)log

FEBRUARY 22, 2024

20, 2024) According to the complaint, San Marzano tomatoes “originate[] from the town of San Marzano sul Sarno, near Naples, Italy.” San Marzano tomatoes “bear a special designation: D.O.P. Denominazione d’Origine Protetta, ‘Protected Designation of Origin’).” designation. designation.

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Designs Design Branding Brands 69

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

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.

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Trademark Patent Copyright Confidentiality 52

The TTABlog

FEBRUARY 23, 2024

Oregon Grain Growers Brand Distillery Inc. 92076817 (reconsideration denied February 9, 2024) [not precedential] (Opinion by Judge Cheryl S. Welch 2024. Oregon here claimed that the Board erred in ruling that the issue of the lack of distinctiveness of Oregon's mark was tried by implied consent. What new issue would you raise?

Law 62

Law Branding Brands Branding 62

The IPKat

APRIL 29, 2024

He said that the rational of the provision is “designed solely for the benefit of the rights holder, who is given the opportunity to develop and modernize his trademark without having to register a new trademark and without the risk of being penalized for lack of serious use”.

Reporting 57

Reporting IP Law Trademark 57

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

Technology & Marketing Law Blog

JANUARY 30, 2024

Printify doesn’t process consumer purchases for its merchants (except in its “Pop-Up Shops” offering) and doesn’t display its brand on any manufactured items. Sunfrog decision: there is no evidence in this record that Printify engages in any advertising or trains or encourages anyone to use infringing designs.

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Publishing Trademark Designs Design 75

Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. The court explains: They describe steps in the process of fashion design and capture much (if not all) of the creative output that Gutman might produce in her role as a designer.

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Social Media Ownership Designs Design 79

Technology & Marketing Law Blog

MARCH 5, 2024

On the other end are brick and mortar stores that sell trademark-infringing items directly to consumers, regardless of whether the stores design or manufacture those items. Pixels.com, LLC , 2024 WL 885356 (W.D. March 1, 2024) Related posts * Atari’s Lawsuit Against a Print-on-Demand Service Fizzles Out–Atari v.

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Artwork Trademark Publishing Marketing 96

Corsearch

MARCH 13, 2023

The copyright for one of the first depictions of Mickey Mouse will expire in 2024. Looking at the clip of Oswald below, you can clearly see elements of the character in Mickey’s modern design. Why Mickey Mouse is still protected The copyright on Steamboat Willie is set to expire in January 2024. So, why aren’t Disney concerned?

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Public Domain Trademark Copyright Registering Trademarks 52

LexBlog IP

APRIL 15, 2022

When it comes to Disney, branding is everything. But what happens if one of the most recognizable faces of one of the world’s most recognizable brands falls out of copyright protection and can be used by the masses? copyright protection in 2024. That also includes the version of Mickey Mouse we all know and love today.

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Derivative Work Trademark Law Branding Brands 52

IPilogue

APRIL 22, 2022

ViiV Healthcare (“ViiV”), majority-owned by GlaxoSmithKline (“GSK”), claims that Gilead’s bictegravir (sold under the brand name “Biktarvy”) directly copied its dolutegravir’s formulation under U.S. Under this doctrine, the inventor could not then sue another for using the three-wheeled or four-wheeled design.

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Patent Settlement Invention Inventor 120

43(B)log

APRIL 5, 2024

2024 WL 1356220, No. 29, 2024) The court partially grants class certification and rejects motions to exclude experts. No other elderberry brand can make the same claim”; “Developed by a world renowned virologist, Sambucol® has been trusted by millions worldwide. PharmaCare U.S., 21cv137-JES (AHG) (S.D. versus 24.2%, or 27.7%

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Branding Brands Branding Advertising 59

TorrentFreak

MARCH 11, 2024

Concerns Over Comments in Brazil In its submission to the USTR’s 2024 Special 301 Review, the International Intellectual Property Alliance (IIPA), which counts the MPA among its members, raised concerns over the situation in Brazil. The agreement was considered confidential and that ran counter to a requirement for transparency.

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Cinema Reporting Copyright Government 83

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

LexBlog IP

JANUARY 25, 2024

.” [5] Applying this test, the Ninth Circuit upheld the lower court’s dismissal, rejecting plaintiff’s contention that the Rogers test does not extend to the use of brand names. 21-55881, 2024 WL 134696 (9th Cir. 12, 2024) (“ Punchbowl II” ). [2] 12] 2024 WL 134696,at *7. [13] 2] 599 U.S.

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Trademark Designs Design Branding 40

IPilogue

JANUARY 21, 2022

billion USD by 2024. As the industry continues to grow, we can expect to see more IP-related disputes, including ones involving trademarks for things like game titles, gamer tags, team brands and merchandise, or even popular characters, as well as patents protecting gaming consoles, software programs, and user interfaces.

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Publishing Intellectual Property IP Copyright 110

LexBlog IP

JULY 13, 2022

” The budget designates $50 million for the development of biosimilar insulin products and the remaining $50 million to build an insulin manufacturing facility in California. million general fund in the 2022-2023 budget, and a $700,000 annual fund in 2023-2024 and 2025-2026. Newsom’s office. ” The post CA Gov.

Contracts 52

Contracts Branding Brands Branding 52

IIPRD

NOVEMBER 14, 2023

Musical Arts, designs, pictures, software, material, and many other sorts of Intellectual Property can be transferred using an e-commerce platform in the digital age. There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. 26, 2023, 11:00 AM), [link]. Amazon.com, Inc.,

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Intellectual Property Due Diligence Journalism IP 59

LexBlog IP

JULY 5, 2023

These agreements authorized Hydronic to build and sell Hetronic-branded products so long as the parts were purchased directly from Hetronic. such as when an American traveler purchases counterfeit designer purses in another country and then resells them inside of the U.S. or who engages in online activities that penetrate U.S.

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Trademark Marketing Marketing Contracts 52

LexBlog IP

AUGUST 12, 2021

California and Washington state recently enacted legislation establishing a tiered system designed to increase the amount of postconsumer recycled plastic (PCR) content required for sale. 31, 2024, plastic bottles sold in California must contain no less than 15% PCR. 1, 2022, to Dec.

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Marketing Marketing Business Advertising 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

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. He posted the Cube design and 3D print files on Thingiverse.com, the largest site for 3D print objects. Leszczynski v. 8-23-cv-01698-MEMF-ADS (C.D.

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False Advertising Advertising Advertising Copyright Infringement 59

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.

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Trademark Social Media Registering Trademarks Copyright 103

Technology & Marketing Law Blog

JUNE 27, 2022

Today’s example is AB 2273, the Age-Appropriate Design Code Act (AADC), Before we get overwhelmed by the bill’s details, I’ll highlight three crucial concerns: First, the bill pretextually claims to protect children, but it will change the Internet for EVERYONE. Age-Appropriate Design Code. New Regulations.

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Privacy Designs Design Business 137

Indiana Intellectual Property Law

FEBRUARY 7, 2024

7269882 TO THE ROOT OF YIELD 7291384 PENCE MEDIA GROUP 7289684 RUOFF INSURANCE 7273966 MAYFAIR CAPITAL PARTNERS 7283933 UNIQUELEE CREATIONS 7262222 ZEN BUFFALO CO 7274302 NEW SHOE DAY 7291383 PENCE MEDIA GROUP 7293550 SEW VIVID DESIGNS 7262669 FALCON PINS 7263474 7291941 CARE. POWERING THE FUTURE. COMPASSION. COLLABORATION. COMPETENCY.

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Registration Trademark Technology Designs 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. Do you think this move will help in grievance redressal?

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Invention Music Art Patent Application 105