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TTAB Quarterly Index: January - March 2024

The TTABlog

First DuPont Factor Brings TTAB Dismissal of Monster Energy's Opposition to LAIKABEAST & Design for Mugs and Plates TTABlog Test: Is TABLEAU for Wine Confusable with TABLEAU for Bar Services? Yes] TTABlog Test: Is CROSSFIRST BANK & Circle Design Confusable with Banc of California's RIng Design? Precedential No. Guess What?

Designs 57
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TTAB Affirms 2(e)(4) Surname Refusal of "BASQUIAT" for Alcoholic Beverages, Rejecting Transferred Distinctiveness Claim

The TTABlog

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other BASQUIAT registrations, but the Board found that its supporting evidence fell short. 97291105 (May 1, 2024) [not precedential] [not precedential] (Opinion by Judge Thomas L.

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Italian Supreme Court refers questions to CJEU on conflicts between GIs and trade marks

The IPKat

The dispute concerned the geographical indication "Salaparuta" for Sicilian wine, which received protection in Italy in 2006, and then was registered as a Protected Designation of Origin (PDO) by the European Commission in 2009. The wine brand had been around since the nineteenth century but changed ownership a few times. Article 14.3

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TTAB Affirms Section 2(e)(5) Functionality Refusal of Holster Configuration

The TTABlog

Once again, the existence of a patent established the functional benefits of the design: it "enables the user to secure the holster within the waistband, and the gun within the holster, with minimal bulkiness and weight and with maximum comfort." 90518181 (February 27, 2024) [not precedential] (Opinion by Judge Christopher C.

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Never Too Late: If you missed the IPKat last week!

The IPKat

The book can be purchased here with a special discount until 7 April 2024. IPKat readers can take advantage of a 15% discount on the registration fee. The post evaluates whether a brand’s reproduction of a design comprised of an unauthorized use of their own trade mark in 3D form can be considered as design copying.

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Important Notice Regarding the Corporate Transparency Act Filing Requirements

The IP Law Blog

The Corporate Transparency Act (“ CTA ”), a new federal filing requirement for many business entities, became effective on January 1, 2024. In addition to the Reporting Company’s information, the CTA Report must also include the specified personal information of the Reporting Company’s ownership, each referred to as a “Beneficial Owner”.

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What Business Owners Need to Know About the Corporate Transparency Act

LexBlog IP

The reporting rule goes into effect on January 1, 2024. CTA defines a beneficial owner as an individual who, directly or indirectly, either (1) exercises substantial control over a Reporting Company or (2) owns or controls at least 25% of the ownership interests of a Reporting Company. What is Considered an Ownership Interest?