Garrigues Blog

NOVEMBER 24, 2022

It contended that the registration sought only to circumvent copyright provisions In particular, the fact that any enforcement initiatives would require the author to disclose his identity, thus waiving his preciously guarded anonymity. Finally, the Board holds that there is no requirement to use the mark prior to registration.

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Garrigues Blog

NOVEMBER 22, 2022

It contended that the registration sought only to circumvent copyright provisions In particular, the fact that any enforcement initiatives would require the author to disclose his identity, thus waiving his preciously guarded anonymity. Finally, the Board holds that there is no requirement to use the mark prior to registration.

Registration 52

Registration Trademark Art Blogging 52

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

The TTABlog

MAY 16, 2024

Rarely does the Board find that a product configuration clears the hurdles of functionality and acquired distinctiveness to reach the registrability finish line. 90688260 (May 13, 2024) [not precedential] (Opinion by Judge Mark A. Applicant’s evidence is limited to the off road and motocross market segment, but the Application is not.

Designs 51

Designs Design Registration Marketing 51

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91244891 (April 11, 2024) [not precedential] (Opinion by Judge Thomas W. Oddly, Opposer pleaded 35 registrations, 27 of which have been cancelled.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.

Registration 44

Registration Advertising Advertising Marketing 44

The TTABlog

MAY 8, 2024

97281194 (May 2, 2024) [not precedential] (Opinion by Judge Wendy B. Can registration of a mark cause confusion? - 3d at 1307 (“The third DuPont factor --like the second factor--must be evaluated with an eye toward the channels specified in the application and registration, not those as they exist in the real world.”). (p.

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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.

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The TTABlog

JANUARY 30, 2024

On appeal, Applicant MetaBev argued that "something more" is required than merely showing that the goods are alcoholic beverages, and that the involved goods are marketed to different consumers in different areas of the stores in which they are sold. 90897101 (January 22, 2024) [Not precedential] (Opinion by Judge Melanye K.

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Registration Marketing Marketing Advertising 51

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? Or perhaps your business has expanded or evolved, and the scope of your registrations ignores some now-crucial products or services.

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Trademark Registration Branding Brands 52

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. encourages creativity ; to stand out in the market , businesses will be creative in developing unique brand names and identities which is forced by limitation on the common words.

Branding 52

Branding Brands Branding Intellectual Property 52

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! Case Summaries Gujarat Cooperative Milk Marketing v.

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Trademark Social Media Registering Trademarks Copyright 103

The IPKat

NOVEMBER 21, 2023

New acquisition: Merpel and Girl with a Pearl Earring As The IPKat reported a while ago, on 22-24 January 2024, the Pharma and Biotech Patent Litigation Summit will return to Amsterdam (Netherlands). With the central case law and regulatory updates, this event focuses on the European market and those working within life science IP.

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The TTABlog

MARCH 19, 2024

97015288 (March 8, 2024) [not precedential] (Opinion by Judge Mark Lebow). But recently, many marks are being rejected by presenting extrinsic evidence that improperly extends the rights of registrants in an ex parte proceeding based on being so-called substantially related. Welch 2024. In re Salvation Nutraceuticals Inc.

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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?

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Registration Copying Trademark Branding 62

The TTABlog

APRIL 19, 2024

The Board sustained this opposition to registration of the proposed mark WOOLWAX for "corrosion inhibitors in the nature of a coating; rust preventatives in the nature of a coating" and for "all purpose lubricants," on the ground of mere descriptiveness under Section 2(e)(1). Welch 2024. Not good enough, said the Board. Opposition No.

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SpicyIP

MARCH 11, 2024

Case Summaries Therelek Machines Private Limited vs Therelek Engineers Private Limited on 28 February, 2024 (Karnataka High Court) The petitioner challenged the rejection of its interim application under Section 124 of the Trade Marks Act, seeking a stay in a suit for trademark infringement.

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The TTABlog

JANUARY 31, 2024

97219378 (January 29, 2024) [Not precedential] (Opinion by Judge Angela Lykos). The Board concluded that "no mental leap or multi-stage reasoning is required to understand that Applicant intends to market high-end cruise services." Welch 2024. How do you think this came out? In re Seven Seas Cruises S. Text Copyright John L.

Registration 51

Registration Marketing Marketing Advertising 51

LexBlog IP

AUGUST 24, 2023

In continuation of Goodwin’s previous webinar series concerning biosimilars, Big Molecule Watch is launching the 2023-2024 webinar series , which will dive deep into some of the key topics pertaining to this burgeoning industry and corresponding area of law. The post Biosimilars Webinar Series appeared first on Big Molecule Watch.

Marketing 52

Marketing Marketing Registration Litigation 52

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.

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Trademark Registering Trademarks Public Domain Registration 59

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. After dealing with jurisdiction/proof of service, the court dismissed the copyright infringement claim because no registration had yet been received. Leszczynski v.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

The IPKat

MAY 15, 2024

By decision of 8 May 2024 (T-320/23, only available in Spanish), the General Court (GC) confirmed that the sign "NOT MILK" is descriptive of the products in classes 29 and 32, and that the graphical elements do not significantly alter its descriptive nature. The Applicant appealed. We may recall word EU trade mark no.

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Registration Intellectual Property Trademark Branding 57

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

APRIL 17, 2024

April 15, 2024). That same principle applies to trademark registration. The record was "replete with pictures of boots marketed and sold in the United States that appear 'substantially similar' to the design TBL sought to register, which suffices to prevent TBL from proving it exclusively used that design." Welch 2024.

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Designs Design Advertising Advertising 62

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. This post will attempt to hit the highlights of the 53-page opinion.

Designs 62

Designs Design Registration Business 62

Technology & Marketing Law Blog

FEBRUARY 17, 2024

” Nevertheless, without a call-to-action, the court says that the users were on inquiry notice because (1) “to complete the registration of the account, a user must press a continue button”; and (2) “a reasonable user would know that there was some legal significance attached to the continue button.”

Privacy 89

Privacy Litigation Marketing Marketing 89

The TTABlog

JANUARY 17, 2024

Banc of California petitioned to cancel a registration for the mark shown below left, on the ground of likely confusion with its registered mark shown below right, both for, inter alia , banking services. 92075496 (January 14, 2024) [not precedential] (Opinion by Judge Michael B. It all boiled down to the first DuPont factor.

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The IPKat

MARCH 17, 2024

The judgment of Justice Beach in Societe Civile et Agricole du Vieux Chateau Certan v Kreglinger (Australia) Pty Ltd [2024] FCA 248 found that there was no damage, and therefore passing off was not established. VCC also failed to have the NEW CERTAN trade mark registration cancelled. The registration of that trade mark was unopposed.

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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

Patently-O

MAY 5, 2024

by Dennis Crouch In its initial decision, the TTAB dismissed iFIT’s opposition to ERB’s I-FIT FLEX registration — finding no likelihood of confusion because the goods were in separate markets. Specifically, iFIT contends that it actively markets its fitness training services and exercise equipment to cyclists.

Branding 62

Branding Brands Branding Marketing 62

The TTABlog

APRIL 22, 2024

91272724 (April 18, 2024) [not precedential] (Opinion by Judge Cheryl S. As to the strength of opposer's registered mark, two third-party registrations for non-food items were insufficient to dent the commercial strength of SUZY Q'S, and there was no evidence of use in the marketplace of SUZY or SUZY Q’S with cake. Welch 2024.

Branding 44

Branding Brands Branding Social Media 44

The TTABlog

APRIL 2, 2024

The Board dismissed this opposition to registration of a mark comprising the product configuration of boxes for storing board game components or dice, rejecting Opposer Chris Taylor's claims of de jure functionality and lack of acquired distinctiveness. 91255161 (March 29, 2024) [not precedential] (Opinion by Judge Elizabeth A.

Designs 57

Designs Design Social Media Registration 57

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. Domain must be based on company name, Thai Trademark Registration or exactly match an existing.co.th Music Community Organization phase opens October 16, 2023 and will close March 10, 2024.

Music 52

Music Privacy Branding Brands 52

The IPKat

FEBRUARY 29, 2024

Registration process Building on the already existing rules, registration process under the GI Regulation will consist of a national phase, followed by an EU-wide phase. It is foreseen that the GI Regulation will be published in the Official Journal in April 2024. Next steps The text will now be formally adopted by the Council.

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43(B)log

FEBRUARY 26, 2024

Arm or Ally, LLC, 2024 WL 756474, No. 23, 2024) The AG sued sellers of “unfinished frames and receivers” — also known as “80% lowers” or “receiver blanks” —designed to evade restrictions on gun sales. Defendants contended that marketing unfinished frames and receivers as “legal” was protected by the First Amendment. It was not.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

APRIL 15, 2024

3d - , 2024 WL 1083462, No. 12, 2024) GMP is a nonprofit focused on sustainable butchery and meat production practices. Marketing channels: “Merely showing that both businesses advertise on the internet is insufficient to show marketing channel convergence.” Good Meat Project v. GOOD Meat, Inc., 23-cv-04145-RFL (N.D.

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False Advertising Advertising Advertising Marketing 64

LexBlog IP

JANUARY 17, 2024

The CTA takes effect on January 1, 2024. Any reporting company that is created or registered before January 1, 2024, must file a BOI report no later than January 1, 2025. Any reporting company that is created or registered before January 1, 2024, must file a BOI report no later than January 1, 2025.

Reporting 52

Reporting Business Editing Ownership 52

The IPKat

JANUARY 19, 2024

Its purpose is to assist producers in preserving the heritage of locally sourced craft and industrial products, allowing them to compete in specific niche markets while maintaining their local knowledge and culture. What is new in Italy On 11 January 2024, Italian Law No. 7 of the Regulation ). 12 of the Regulation ).

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