SpicyIP

JANUARY 31, 2024

Upon cross-checking, while I couldn’t see a separate registration for the above tagline, I found the registered mark “ Daryaganj – By the inventors of Butter Chicken and Dal Makhani (Logo and device) ” Given these details (i.e., The plaintiffs’ precise argument and its foundation—be it registration or reputation—remain ambiguous.

Inventor 64

Inventor Ownership Reporting Registration 64

LexBlog IP

JULY 5, 2023

On June 29, 2023, the Supreme Court adopted a restrictive view of the extraterritorial application of the Lanham Act, holding that federal trademark law cannot support a claim for trademark infringement against solely foreign conduct. The case is Abitron Austria GmbH v. Hetronic International, Inc. Read the opinion here.

Trademark 52

Trademark Marketing Marketing Contracts 52

The TTABlog

FEBRUARY 6, 2024

Brunetti on the registration of trademarks that refer to LGBTQ+ persons. With the door opened to registration of slurs as trademarks, what LGBTQ+-oriented marks have been registered? The article may be downloaded here , and it appears in 2024 U. LGBTQ+ slurs can now be registered as federal trademarks.

Trademark 70

Trademark Registration Trademark Law Law 70

The TTABlog

APRIL 17, 2024

April 15, 2024). Citing Wal-Mart , the court observed that trademark law does not protect "product designs that lack distinctive meaning as a source identifier." That same principle applies to trademark registration. Welch 2024. The district court had also found the configuration to be de jure functional.

Designs 62

Designs Design Advertising Advertising 62

Patently-O

JANUARY 26, 2024

by Dennis Crouch The Federal Circuit has just reissued this important trademark decision as precedential. Although registration was refused, the opinion explains that there is no per se prohibition on registering marks containing informational content as long as the mark also serves to identify a single commercial source.

Registration 62

Registration Trademark Service Mark Trademark Law 62

SpicyIP

FEBRUARY 21, 2024

Rather, after analysing the legislative intent of the TRA, conflicting High Court judgements on the said issue and the earlier position of trademark law in India, the Court referred the matter to a larger bench for reconsideration. Stay of proceedings where the validity of registration of the trade mark is questioned Absent in the Act.

Trademark 105

Trademark Intellectual Property Designs Design 105

SpicyIP

DECEMBER 12, 2023

The matter is listed before the court on 22 March 2024. 316 US 203] “the protection to trademark is the law’s recognition of the psychological functions of the symbols”. Mr. Jacob Jacoby in his article, “The Psychological Foundations of Trademark Law: Secondary Meaning, Generism, Fame, Confusion, Dilution.”

Trademark 59

Trademark Branding Brands Branding 59

IP and Legal Filings

FEBRUARY 7, 2023

According to a Bloomberg Intelligence report [2] , the worldwide revenue opportunity from the metaverse is predicted to hit $800 billion in 2024, up from the estimated $500 billion in revenue generated by the metaverse in 2020. The trademark registration safeguards the owner’s rights and establishes the business’s legal standing.

Trademark 85

Trademark Non-Fungible Tokens Branding Brands 85

SpicyIP

DECEMBER 30, 2023

Ujoy Technology and Toyota Jidosha Kabushiki Kaisha vs Tech Square Engineering Pvt Ltd [Delhi High Court] This year the concept of transborder reputation in trademark law saw two important interpretations from the Delhi High Court. First, in Toyota v. The Delhi High Court in Ayur United Care v.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

FEBRUARY 16, 2023

On January 13, the China National Intellectual Property Administration (CNIPA) circulated a draft amendment to the PRC Trademark Law for public comment (“TML Draft Amendment”). The CNIPA Draft Amendment is comprised of a total of 101 articles in 10 chapters (as opposed to 73 articles in 8 chapters in the current law).

Trademark Law 40

Trademark Law Trademark Law Registering Trademarks 40

The TTABlog

JANUARY 23, 2024

14, 2023, re-designated as precedential, January 22, 2024). The CAFC observed that "[i]f the nature of a proposed mark would not be perceived by consumers as identifying the source of a good or service, it is not registrable," citing TMEP § 1202.04(b) 2022-1961 (Fed.

Designs 62

Designs Design Registration Service Mark 62

Patently-O

DECEMBER 12, 2021

. § 1052(c) provides, in pertinent part, that the PTO must deny federal registration to a trademark if it “[c]onsists of or comprises a name, portrait, or signature identifying a particular individual except by his written consent….”

Registration 69

Registration Government Advertising Advertising 69