The TTABlog

MARCH 5, 2024

90518181 (February 27, 2024) [not precedential] (Opinion by Judge Christopher C. JM4 relied heavily on its ownership of various design patents for the ornamental designs of holsters, but they missed the mark. Welch 2024. This post will aim to hit the high points of the 44-page opinion. In re JM4 Tactical, LLC , Serial No.

Design Patent 70

Design Patent Designs Design Trademark 70

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.

Music 59

Music Intellectual Property Copyright IP 59

LexBlog IP

JANUARY 25, 2024

the Ninth Circuit revived a trademark infringement case previously dismissed on grounds that the First Amendment shields “expressive” trademarks from Lanham Act liability unless plaintiff can show the mark (1) has no artistic relevance to the underlying work, or (2) explicitly misleads as to its source. [1]

Trademark 40

Trademark Designs Design Branding 40

SpicyIP

JANUARY 31, 2024

Plus, it tries to outline possibilities based on information available from the Trademark Registry, media sources, and the court order. While the “misleading the public” claim hints at perhaps a trademark infringement and/or passing off claim, the order doesn’t clarify what rights are allegedly infringed.

Inventor 64

Inventor Ownership Reporting Registration 64

The TTABlog

JUNE 30, 2023

Yes] Finding Third-Party Registration Evidence Insufficient to Weaken Cited Mark, TTAB Affirms Section 2(d) Refusal of IMAGINE for Early Childhood instruction TTAB Renders Split Decision in "ELECTRIC LAST MILE SOLUTIONS" Section 2(d) Appeal Precedential No. 16: TTAB Finds Guitar Shape for Hotel to be Inherently Distinctive Precedential No.

Ownership 57

Ownership Registration Designs Design 57

Copyright Lately

MARCH 13, 2024

Wordle’s Copyright Registration Even if we assume that the Wordle elements in which the Times claims protection are, in fact, unique and protectable, the company’s DMCA notice still appears to misstate the scope of its rights. copyright registration doesn’t claim rights in the game’s graphics or other visual elements.

Social Media 97

Social Media Copyright Registration Copying 97

The TTABlog

MAY 9, 2024

Respondent claimed, however, that petitioner's prior use resulted in "minimal market penetration," asserted that the challenged registration should survive with a carve-out granting rights to Petitioner that are geographically limited to Jellico, Tennessee, and argued laches as an affirmative defense. Welch 2024. UBANK (TN) v.

Registration 48

Registration Marketing Marketing Settlement 48

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

43(B)log

APRIL 5, 2024

4th -, 2024 WL 1356981, Nos. plaintiff's RAW defendant's Raw Garden Also over a dissent, the panel finds that a court can order trademark applications cancelled, not just registrations. BBK sought to cancel several of CCA’s trademark applications for lack of bona fide intent to use the mark in commerce. .

Registration 59

Registration Trademark Registering Trademarks Ownership 59

The TTABlog

APRIL 10, 2024

Section 1119 of the Trademark Act gives a federal district court the power to "determine the right to registration, order cancelation of registrations, in whole or in part, restore canceled registrations, and otherwise rectify the register with respect to the registrations of any party to the action." Appeals Nos.

Registration 67

Registration Registering Trademarks Trademark Ownership 67

The TTABlog

JANUARY 5, 2024

It found the mark to be “ tertium quid ” akin to product packaging and thus eligible for registration without proof of acquired distinctiveness. Curtin v, United Trademark Holdings, Inc. In Lexmark , the Supreme Court pointed out that “[i]dentifying the interests protected by” the Trademark Act “requires no guesswork.”

Registration 78

Registration Designs Design Ownership 78

IP and Legal Filings

FEBRUARY 7, 2023

This demonstrates the succinctness and simplicity of the Metaverse’s trademarking mechanism. Their rights will be protected thanks to the metaverse brands’ trademarks. By deterring rip offs, trademarks safeguard a company’s identity and the repute of its brand(s), especially in the Metaverse.

Trademark 80

Trademark Non-Fungible Tokens Branding Brands 80

LexBlog IP

FEBRUARY 26, 2024

The USPTO is seeking public feedback on the Guidance, which is due by May 13, 2024. Its guidance also instructed on how to draft a copyright registration to effectively disclose the use of generative AI tools, and how to amend a previously submitted pending application to correct any disclosure deficiencies.

Invention 52

Invention Inventor Patent Patent Application 52

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals.

IP 124

IP Copyright Trademark Intellectual Property 124