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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The IPKat

APRIL 29, 2024

Events Virtual Roundtable on Artificial Intelligence, Intellectual Property and Sustainability in Africa (6 May 2024) On 6 May 2024, the Data Science Law Lab at the University of Pretoria (South Africa) will host a virtual Roundtable on Artificial Intelligence, Intellectual Property and Sustainability in Africa.

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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. INTRODUCTION For consumer identification and brand protection a crucial mechanism is important which is served by trade mark law. Computer of computers, medicines names.

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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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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!

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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 In re Global Brand Partners Pte Ltd , Serial No. 97102423 (March 18, 2024) [not precedential] (Opinion by Judge David K. Welch 2024.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? Maquinas Agricolas “Jacto” S.A., 215 U.S.P.Q.

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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.

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LexBlog IP

MARCH 15, 2024

2024 appears to be a year of change in the Australian Intellectual Property realm, with the adoption by IP Australia of the Madrid Goods and Services List and the introduction of the Intellectual Property Laws Amendment (Regulator Performance) Act 2023.

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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. Welch 2024. How do you think this came out? Nemiroff Intellectual Property Establishment v.

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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. The event, titled “Copyright and Generative AI: Putting input issues under the spotlight”, will be held on March 20, 2024 in London and live streamed. For details, click here.

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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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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.

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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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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. More information and registration details can be found here.

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LexBlog IP

FEBRUARY 28, 2024

A recent UK court of Appeal decision has, however, underlined that this technical, square-on comparison does not in fact reflect the real worlds that brands inhabit, and the various ways in which the average consumer can be confused by them even after a product has been sold.

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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.

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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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The IPKat

OCTOBER 19, 2023

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. The event is free, and it is possible to register here.

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TorrentFreak

FEBRUARY 16, 2024

The company’s complaint filed last year targeted the unknown domain registrant of kokoatv.net, kokoa.tv, and vidground.com. All three domains were registered at Namecheap which requires registrants to consent to personal jurisdiction in Arizona when in dispute with a third party. Liburdi handed down his order on February 6, 2024.

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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. Welch 2024. Michael Pitsokos , Cancellation No.

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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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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). Welch 2024. Victor Rodriguez , Opposition No. UNLEASH THE NITRO BEAST! Text Copyright John L.

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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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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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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

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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.

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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. Welch 2024. But what about the marks? Text Copyright John L.

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LexBlog IP

FEBRUARY 7, 2024

The Canadian Trademarks Office is experiencing significant delays and it is difficult to obtain a registration in less than 3 years. This is likely why Draft Regulations issued on January 10, 2024, expanded the scope of “registered trademark” to include trademarks for which an application is pending before the Trademarks Office.

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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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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”).

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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. Hetronic International, Inc. Hetronic Germany GmbH, F.4th 4th -, Nos. What about foreign sales? trademark.”

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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.

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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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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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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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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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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]. Amazon.com, Inc.,

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