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 Hostess Brands, LLC v. 91272724 (April 18, 2024) [not precedential] (Opinion by Judge Cheryl S.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

The IPKat

MARCH 24, 2024

Brands like Rolex, Patek Philippe and Audemars Piguet hold rich trade mark and design portfolios and enforce their rights vigorously. Horology is however a market steeped in history with its own unwritten rules and customs. A recent trend in this field is the customization or personalization of luxury timepieces, or “modding”.

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IP Marketing Marketing Reporting 70

The TTABlog

APRIL 18, 2024

91244891 (April 11, 2024) [not precedential] (Opinion by Judge Thomas W. Turning to the second DuPont factor, the similarity of the goods, opposer argued that the involved goods are related because tobacco products and alcohol are "complementary" in that they are marketed together for "simultaneous consumption." Welch 2024.

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Registration Advertising Advertising Marketing 44

The IPKat

MARCH 11, 2024

Here’s what Thato writes: Tax Court of South Africa wrestles with “arm’s length” royalties rate for IP licenses by Thato Moloto On 14 February 2024, the Tax Court of South Africa handed down a judgement in the seminal transfer pricing case of ABD Limited v The Commissioner of the South African Revenue Service ( IT 14302 ).

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Licensing Intellectual Property IP Branding 57

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.

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Trademark Branding Brands Branding 79

The IPKat

DECEMBER 10, 2023

Image: flickr.com Katfood SMEs and Chinese market opportunities webinar 4IP council is organising a webinar session titled "SMEs and patent holdouts: how European SMEs fight back", dedicated to European SMEs and startups interested in the opportunity that the Chinese market can bring to their businesses. For details, click here.

Intellectual Property 67

Intellectual Property IP Registration Privacy 67

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. You may have launched new brands or drastically redesigned your logo since you last interacted with the USPTO. Maybe your filings are all in the US, but the EU and Brazil have become major markets for you.

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Trademark Registration Branding Brands 52

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! The parties compete in the shoe market. We are fiercely protective of the Crocs brand and our iconic DNA. Double Diamond Distribution Ltd. Crocs, Inc.,

False Advertising 59

False Advertising Advertising Advertising Branding 59

TorrentFreak

MARCH 18, 2024

In a saturated market where most innovation takes place behind the scenes, if it happens at all, the next big thing may struggle to make any kind of serious impression. plus affiliates Netflix Studios and Netflix Worldwide Entertainment.

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Branding Brands Branding Marketing 100

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).

Branding 78

Branding Brands Branding Designs 78

Kluwer Copyright Blog

APRIL 22, 2024

In fact, on 11 January 2024, Barcelona Commercial Court number 9 handed down what is indeed the first judgment in Spain in a case where NFTs and copyright are at a crossroads. Findings of the Court The long-awaited judgment of 11 January 2024 of Barcelona Commercial Court number 9 dismisses the Authors’ complaint in its entirety.

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Copyright Artwork Moral Rights Non-Fungible Tokens 121

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. tradeshows or marketing Abitron’s infringing products online to U.S.

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Advertising Advertising Trademark Branding 59

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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Reporting Non-Fungible Tokens IP Intellectual Property 130

TorrentFreak

AUGUST 7, 2023

The injunction allows the Premier League to block pirate IPTV services during the 2023/24 season and then the 2024/2025 season after that. Operating from various domains, the brand GenIPTV has been a target for rightsholders for some time. The studios claimed that, at least in part, the service was operated out of the UK.

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Branding Brands Branding Public Domain 87

43(B)log

MARCH 29, 2024

2024 WL 1251284, No. 22, 2024) Stop & Shop allegedly deceptively advertised cleansing wipe products as “flushable” in violation of Mass. The Stop & Shop Wipes, which vary in fragrance and style, are all marketed and sold with bold, prominent font labeling them as “flushable” on the front of the packaging.

Law 59

Law Advertising Advertising Branding 59

Corsearch

NOVEMBER 8, 2023

It’s one of the most important things for your visitors to know and remember, and it’s a critical component of your omnichannel marketing strategy. 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.

Music 52

Music Privacy Branding Brands 52

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. And they targeted school districts in their marketing. Defendants market only their K12 brand nationally.

Branding 59

Branding Brands Branding Marketing 59

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. Pixels.com, LLC , 2024 WL 885356 (W.D. Case Citation : Canvasfish.com, LLC v.

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Artwork Trademark Publishing Marketing 96

The TTABlog

FEBRUARY 28, 2024

The Board concluded that the involved marks are "too dissimilar overall to warrant a finding of likelihood of confusion," and it found that Applicant Rodriguez had the capacity to market his products and had taken steps to create a small Internet business, thus defeating the lack-of-bona-fide-intent claim. Welch 2024.

Designs 62

Designs Design Registration Business 62

SpicyIP

JANUARY 29, 2024

In a major development concerning the Ibrutinib patent, DHC restrains generic manufacturers from manufacturing and marketing the life-saving anti-cancer drug. Last date to Register: 29th February 2024 Case Summaries Premier Spg And Wvg Mills Pvt. But what about the public interest? Read Tejaswini’s post to know more.

Music 59

Music Intellectual Property Copyright IP 59

The TTABlog

MARCH 15, 2024

92075021 (March 8, 2024) [not precedential] (Opinion by Judge Martha B. VEUVE CLICQUOT brand champagne is sold everywhere in the United States, through both online and in more than 50,000 brick-and-mortar stores. Welch 2024. The Board found the goods to be, in part, legally identical, since champagne is a type of sparkling wine.

Advertising 48

Advertising Advertising Branding Brands 48

43(B)log

FEBRUARY 16, 2024

2024 WL 629985, No. 30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. Lashify, Inc. Qingdao Lashbeauty Cosmetic Co., W-22-CV-00776-ADA-DTG, No.

False Advertising 59

False Advertising Advertising Advertising Patent 59

The IPKat

APRIL 29, 2024

She walked the audience through the history of the Puma brand and shared the interesting story behind it, including the evolution of the “jumping cat”. Last but not least, Ms Russo tackled the challenges of revamping trademarks from an in-house counsel’s perspective.

Reporting 57

Reporting IP Law Trademark 57

TorrentFreak

JULY 19, 2023

Many later branched out into the lucrative mobile phone market, but as operators of wired telephone networks, major phone companies all over the world would soon become the gatekeepers of a brave new world – the internet. In 2024, telephone company Compañía Telefónica Nacional de España will celebrate its 100th birthday.

Marketing 79

Marketing Marketing Branding Brands 79

Dragons' Den

FEBRUARY 9, 2024

What is its appeal to the market? Touker Suleyman felt that her idea of an app was not the best way to promote the brand and was soon out. After her pitch, the entrepreneur quickly felt the heat of the Dragons with some heavy grilling on profit margins and projected sales by Deborah Meaden.

Blogging 52

Blogging IP Designs Design 52

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.” Old label showing "San Marzano" on top of elongated, pointed tomatoes But now it sells a variety of Roma tomato products under the “San Merican Tomato” or “SMT” brand. Valiente v. Simpson Imports, Ltd.,

Designs 69

Designs Design Branding Brands 69

The IPKat

MARCH 1, 2024

On 22 February 2024, the UK Intellectual Property Office (UKIPO) released its report on “ The impact of complicit social media influencers on male’s consumption of counterfeit goods in the UK ”. These are directed at industry, regulators, educators, brand owners, platforms and online marketplaces alike. Photo by Barbara Bonora

Social Media 62

Social Media Reporting Intellectual Property Publishing 62

Kluwer Copyright Blog

APRIL 3, 2024

On 19 March 2024, the Court of Appeal handed down its decision on the appeal in the Lidl v Tesco case ( [2024] EWCA Civ 262 ), holding as follows. These were used as part of a marketing campaign by Tesco to indicate to customers which products were subject to discounted prices for Clubcard holders.

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Copyright Infringement Copyright Copying Artistic Work 60

IP Tech Blog

FEBRUARY 13, 2023

In the first few months of 2023, the UK Regulator – the Competition and Markets Authority (“ CMA ”) – continues to be active in cracking down on misleading green claims, this time targeting the fast-moving consumer goods industry (“ FMCG ”). Squire Patton Boggs has an international team focussing on the Advertising, Media and Brands sector.

Business 57

Business Advertising Advertising Blogging 57

IIPRD

NOVEMBER 14, 2023

of the population of India having ingress to the world wide web and ever growing e-commerce market which is forecasted to reach about twenty billion euros by 2030, it becomes pertinent to analyse the interconnect between these two. [1] Interplay Between Intellectual Property and E-commerce With 48.7% 26, 2023, 11:00 AM), [link].

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

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

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%

Branding 59

Branding Brands Branding Advertising 59

Technology & Marketing Law Blog

JANUARY 24, 2024

Can you imagine how much better off they both would have been if they had worked out a deal initially and then spent all of their time and money doing marketing and focusing on their customers’ needs rather than paying lawyers? Gutman , 2024 WL 172609 (2d Cir. 17, 2024) Selected Related Posts : Who Owns Social Media Accounts?–In

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Social Media Ownership Designs Design 79

SpicyIP

MARCH 6, 2024

On 26 February 2024, the Delhi High Court (DHC) in Western Digital Technologies Inc & Anr vs Geonix International Private Limited , granted an ex-parte ad interim injunction to the plaintiff on the basis of trademark infringement and reverse passing off. In the extant suit, the plaintiff, Western Digital Technologies Inc. (WD),

Trademark 59

Trademark Branding Brands Branding 59

LexBlog IP

FEBRUARY 13, 2023

In the first few months of 2023, the UK Regulator – the Competition and Markets Authority (“ CMA ”) – continues to be active in cracking down on misleading green claims, this time targeting the fast-moving consumer goods industry (“ FMCG ”).

Business 52

Business Advertising Advertising Blogging 52

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. 2024 WL 283641 (S.D.N.Y. 25, 2024) Related posts * Ninth Circuit Highlights the Messy Law of Contributory Trademark Infringement Online–YYGM v.

Publishing 75

Publishing Trademark Designs Design 75

43(B)log

MARCH 29, 2024

2024 WL 1282368, No. 25, 2024) Gerber Good Start Gentle formula isn’t like most other infant formulas, which are made with “intact” cow’s milk protein. Gerber’s marketing team described “being challenged to find ways to push the envelope with bringing the allergy message forward.” Hasemann v. Gerber Prods.

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False Advertising Advertising Advertising Reporting 104