The TTABlog

MARCH 20, 2023

In a whopping 163-page opinion, the Board granted a petition for cancellation of two registrations for the configuration of safety helmets, rejecting Petitioner Honeywell's Section 2(e)(5) functionality claim but sustaining Honeywell's claim of lack of acquired distinctiveness. In re Morton-Norwich Prods.,

Registration 68

Registration Advertising Advertising Designs 68

LexBlog IP

APRIL 6, 2023

The USPTO’s Trademark Trial and Appeal Board (“Board”) recently ordered the cancellation of two trademark registrations for product configurations of safety helmets, shown below and both directed to “ a three dimensional configuration of two ridges located along the center of a safety helmet.”

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Registration Trademark Advertising Advertising 52

Technology & Marketing Law Blog

JULY 16, 2021

Advertising/E-Commerce. While such social media posts may not have the indicia of a traditional advertisement, there can belittle doubt that these paid posts are in fact advertisements… Today, consumers face waves of advertisements amid a sea of product choices. Ariix, LLC v. NutriSearch Corp.,

Advertising 108

Advertising Advertising Contracts Social Media 108

Kashishipr

OCTOBER 5, 2022

In the ongoing highly competitive working business environment, the elements of a good advertisement are likely to be copied or imitated by others in the industry. Brands and businesses are now exploring more innovative ways to advertise their offerings, i.e., products or services. Defendant no. Vini Cosmetics Pvt.

Intellectual Property 52

Intellectual Property Advertising Advertising Branding 52

The TTABlog

MAY 16, 2023

The Board denied a petition for cancellation of a Supplemental Registration for the mark LITTLE NOTES for address books, greeting cards, calendars, note paper, and the like, rejecting Petitioner Comptime's claim of likelihood of confusion with its alleged common law rights in the same mark for overlapping goods. Comptime, Inc.

Registration 52

Registration Advertising Advertising Copying 52

43(B)log

APRIL 29, 2024

(In brief: Meishe argued that Tiktok copied its code via an employee who departed. False advertising: Meishe pointed to statements defendants made in their copyright notice at tiktok.com, in the ByteDance Code of Conduct, in TikTok’s Intellectual Property Policy, and in TikTok’s terms of service.

False Advertising 59

False Advertising Intellectual Property Copyright Notice Advertising 59

The TTABlog

JULY 16, 2021

Respondent's rope-a-dope defense proved to be successful in this cancellation proceeding aimed at a registration for the mark ONEPACKET (standard form) for computer-related services. What if the registrant has no intent one way or the other? Then registrant wins. - Emphasis supplied.].

Registration 57

Registration Copyright Notice Service Mark Copying 57

Technology & Marketing Law Blog

AUGUST 30, 2023

This is a competitive keyword advertising lawsuit. The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising.

Advertising 86

Advertising Advertising False Advertising Trademark 86

The TTABlog

SEPTEMBER 25, 2023

Because consumers are accustomed to seeing “a new kind of soda” commonly used in beverage advertising—much less the phrase “a new kind of ” used in advertising in general—they would not perceive it as a mark identifying the source of Applicant’s goods but rather as merely conveying an informational message.

Trademark 70

Trademark Registration Advertising Advertising 70

Erik K Pelton

NOVEMBER 3, 2020

Television advertising. And, it’s even more helpful to hire an experienced trademark attorney to handle the registration process. There are decisions about expenses that tug at small business owners every single day—rent, new equipment, software programs, advertising budgets, personnel, and many more. Corporate attorney.

Business 130

Business Trademark Cease and Desist Branding 130

Intepat

DECEMBER 1, 2023

Typically, this occurs after the trademark agency has examined and published the application for advertisement. Any entity spotting an identical or similar trademark in the Trademark Journal can file an opposition to its registration. Once filed, the Registrar will dispatch a copy of the counterstatement to the opposing party.

Trademark 59

Trademark Registration Registering Trademarks Copying 59

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Maryland: First ever digital advertising tax, on gross receipts. may require disclosures and charitable registration: Draper James teachers giveaway.

Advertising 40

Advertising Advertising Law Privacy 40

The TTABlog

AUGUST 10, 2023

The Board agreed with Examining Attorney Bridget Watson that Exhart's proof of acquired distinctiveness was insufficient to justify registration. As we know, a product configuration is registrable as a trademark only upon a showing of acquired distinctiveness under Section 2(f). In re Exhart Environmental Systems, Inc.

Advertising 52

Advertising Advertising Registration Designs 52

Copyright Lately

JANUARY 29, 2024

Here are seven words you should never say in a copyright infringement case: “I don’t have a copyright registration yet.” That’s because under section 411(a) of the Copyright Act, registration with the U.S. Copyright Office is a prerequisite to filing a complaint for copyright infringement. In 2019, the U.S.

Registration 92

Registration Television Advertising Advertising 92

The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Applicant GB's design patent served as some evidence of non-functionality, but was outweighed by GB's own advertising touting the design's utilitarian benefits.

Design Patent 89

Design Patent Advertising Advertising Designs 89

43(B)log

JANUARY 18, 2022

WRB has an incontestable registration for “Hammer-Schlagen” and a registration for the trade dress of its stump, cross-peen hammer, and nails: specifically, “a three-dimensional configuration. DAMM has a registration for “Minneschlagen.” WRB’s word mark registration states that “the English translation of ‘hammer-schlagen’.

Registration 45

Registration Ownership Social Media Marketing 45

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

TorrentFreak

JULY 20, 2022

Of course, websites are easily copied so the MPA’s investigation went beyond graphics and text. Like PrimeWire’s domains, HydraWire’s has hidden registration details and sits behind Cloudflare. Too Many Coincidences. ” Efforts thus far haven’t been futile, however.

Advertising 131

Advertising Advertising Business Copying 131

LexBlog IP

FEBRUARY 26, 2024

The limitation with an unregistered design is that it merely confers the right to prevent third parties from using a design only when it occurs as a consequence of the copying the protected design. Unfair competition may protect your fashion items against copying in two scenarios. Fashion show: a work of art?

IP 52

IP Designs Design Copying 52

Kashishipr

MAY 25, 2021

However, there are a few additional benefits that are attached to the registration. It may not always prevent unauthorized copying; however, it may serve as a public notice by securing a public record in one’s favor. The process of seeking registration can be cumbersome and tedious. is being utilized?

Intellectual Property 98

Intellectual Property Blogging Fair Use Registration 98

TorrentFreak

NOVEMBER 24, 2022

It’s perhaps fitting that sites that relied heavily on copying are being copied themselves; the original operators can hardly complain about that. That isn’t a lot, but these are all people searching for something specific, which makes them more likely to click on advertising feeds. Pirate Domains Have Wild Lives.

Advertising 95

Advertising Advertising Copying Branding 95

IIPRD

MARCH 4, 2024

For example, noodles people prefer Maggie over other companies noodles because of the uniqueness in the packaging, taste and also the advertisement which creates an impact on customers to buy the product. Also, it is really important to renew the registration because there is a limit to registration.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

IP and Legal Filings

DECEMBER 6, 2023

the Apex Court held that one of the inherent aspects of the right to privacy as enshrined under Article 21 of the Constitution is the right to prevent others from using the person’s name or likeness without his consent for advertising or non-advertising purposes. State of T.N.,

Privacy 97

Privacy Intellectual Property Law Intellectual Property Advertising 97

TorrentFreak

JANUARY 11, 2022

According to Bungie, AimJunkies copied and distributed its copyrighted work, to develop and advertise its cheat software. The cheat software itself certainly isn’t a copy of Bungie’s work, they add. The cheat software itself certainly isn’t a copy of Bungie’s work, they add. Copyright Questions.

Copyright 133

Copyright Law Copying Copyright Infringement 133

Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. It currently accounts for about 15% of the entire revenue spent on global advertising. As per a report, influencer marketing investment is expected to reach $15 billion in 2022. How to Ensure Compliance with IP?

Social Media 52

Social Media Intellectual Property Registration Branding 52

Intepat

OCTOBER 7, 2022

However, suppose the designer chooses only to follow Section 15 of the copyright registration procedures and implements this registration for his use. Further, Section 11 states that the term of the Copyright in design is ten years from registration, which may be extended further for five years. Registration–.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

Technology & Marketing Law Blog

DECEMBER 27, 2023

Moreover, contrary to The Satanic Temple’s novel argument, domain registration is not the same as registration for a social media website.” Code § 3344, which is predicated upon “knowing[ ] use[ ] … for purposes of advertising.” ” * Hoffmann Brothers Heating and Air Conditioning, LLC v.

IP 73

IP Advertising Advertising Copyright 73

Plagiarism Today

OCTOBER 26, 2021

This means, theoretically, that elements such as the Superman “S” can be protected by copyright because they are separate elements that are merely copied onto the clothing. Bringing us back to our Juice Demon, the elements that are copied include the striped suit and tie. The second limitation is masks.

Trademark 243

Trademark Copyright Cease and Desist Copying 243

TorrentFreak

DECEMBER 7, 2021

The group offered hardware and software solutions that allowed people to install and play unofficial games and pirated copies on various consoles, including the popular Nintendo Switch. Among other things, he allegedly advertised and trafficked circumvention devices, while maintaining regular contact with resellers throughout the world.

Social Media 127

Social Media Copying Government Advertising 127

Kashishipr

JANUARY 5, 2022

The Trade Marks Act, 1999 governs and deals with the mechanism of registration, protection, and illegal use of trademarks in India. It is undoubtedly imperative to register your brand or business name as a trademark, especially in today’s world where first copies are easily available. For more visit: [link].

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Trademark Branding Brands Branding 105

43(B)log

JULY 20, 2022

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. There’s a similar copyright registration for this site.

False Advertising 72

False Advertising Ownership Registration Designs 72

azrights

NOVEMBER 3, 2021

You may remember from a previous blog post that Coca Cola had design protection of the bottle shape available as an interim measure while they built associations to the bottle shape through their advertising. Competitors Copying Your Colour. In practice, there is a constant interplay between use of identifiers and ownership of them.

Trademark 52

Trademark Branding Brands Branding 52

TorrentFreak

AUGUST 1, 2022

The company was accused of advertising on torrent sites such as YTS and billing itself as a “Porcorn Time VPN.” This company is owned by anti-piracy lawyer Kerry Culpepper and is the registrant of several piracy-related trademarks, including YTS, Popcorn Time, and RARBG. No Logging!

Settlement 136

Settlement Confidentiality IP Advertising 136

Intepat

OCTOBER 7, 2022

However, if the designer chooses to follow Section 15 of the Copyright registration procedures and implements this registration for industrial actions, the designer will be able to benefit from design protection up to the object’s 50th reproduction. Registration–. Registration–. COPYRIGHT ACT, 1957. Not Mandatory.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

Indiana Intellectual Property Law

JULY 26, 2022

Federal Trademarks: HEAVEN’S GATE Registration No. HEAVEN’S GATE Registration No. 3,816,596. Registration No. Literary Work How and when “Heaven’s gate” (the door to the physical kingdom level above human) may be entered: an anthology of our materials (Certificate Number TXu000817732 ); and.

Trademark 52

Trademark Copyright Copyright Infringement Intellectual Property 52

TorrentFreak

JUNE 28, 2023

According to Rights Alliance, a member of Asgaard was also part of a piracy release group known as ‘Xoro6’ Between July and December 2020, the now 41-year-old man from Funen illegally copied and shared over 1,000 eBooks, audiobooks, newspaper articles and magazines with other Asgaard users.

Reporting 126

Reporting Advertising Advertising Copying 126

azrights

OCTOBER 27, 2021

They copy business models, and any aspect of a business’ successful branding, be it, by introducing new features, copying its positioning, or even using similar names or brand identifiers. Some will copy blatantly, others are more savvy so will copy what they calculate they can get away with. Take Coca Cola as an Example.

Branding 52

Branding Brands Branding Copying 52