The TTABlog

APRIL 1, 2024

Section 2(a) - False Suggestion of a Connection: Despite Applicant's Bad Intent, TTAB Dismisses Oppositions to EVSFOOD for Beverages Section 2(d) - Likelihood of Confusion: TTABlog Test: Is OTTO'S for Soda Pops Confusable With OTTO'S OATMEAL STOUT for Beer? Yes] TTABlog Test: How Did These Three Recent 2(d) Appeals Turn Out?

Designs 57

Designs Design Registration Trademark 57

Technology & Marketing Law Blog

JUNE 21, 2023

1125(c)(3)(C) by claiming its humorous use of the Jack Daniel’s marks was not pure commercial speech because it poked fun at the company in the Bad Spaniels design. 1125(c)(3)(C) by claiming its humorous use of the Jack Daniel’s marks was not pure commercial speech because it poked fun at the company in the Bad Spaniels design.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

Technology & Marketing Law Blog

AUGUST 17, 2021

The ads “are designed to display generic terms that consumers might associate with any personal injury firm.” It says that the Fifth Circuit has never addressed initial interest confusion in the context of keyword ads. ” Adler sued for trademark and related claims. The district court dismissed Adler’s complaint.

Advertising 105

Advertising Advertising Trademark Settlement 105

IP and Legal Filings

AUGUST 4, 2021

Innovative Cosmetic Concept filed for international registration of the word INCOCO and designated European Union for the registration in January 2014. This was for ‘soaps, perfumery, essential oils, hair lotions, toothpaste’, advertising, and others. Facts and Board of Appeals’ decision. 1 438 544 and 1 571 046. CJEU’s observation.

Registration 98

Registration Advertising Advertising Trademark 98

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Defendant has also used Plaintiffs’ trademarks “Seeking Millionaire,” “Seeking Arrangement,” “Whats Your Price,” “Carrot Dating,” and “Seeking” as search terms in the Apple Appstore and Google Play Store to yield LuxyApp as a search result. Actual confusion. Check your calendar. Yes, it’s 2021. Competitive proximity.

Advertising 99

Advertising Advertising Trademark Settlement 99

43(B)log

DECEMBER 23, 2021

This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis. Hilti claimed that it didn’t design the label, but that defendant RectorSeal did the final design. The labels of both products include the Underwriter Laboratories (UL) certification mark.

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

AUGUST 26, 2022

24, 2022) This seems like a silly result to me, shifting the burden to comparative advertisers, but it's often much harder to get summary judgment in a trademark case than in comparable cases. PennEngineering claims a PEM family of marks and sued Peninsula for trademark infringement, counterfeiting, false advertising, and unfair competition.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

43(B)log

JANUARY 19, 2024

Rampart Resources was founded in 1989 in Baton Rouge. It provides land and real estate services including right-of-way acquisition, servitudes, real estate brokerage, permitting, land services, and property management across several industries including utilities, oil and gas, renewable energy, and public works.

Advertising 59

Advertising Advertising Branding Brands 59

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’m going to start by going back to some earlier cases, Two Pesos v. Taco Cabana, from 1992. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

43(B)log

NOVEMBER 8, 2023

Malwarebytes, which allowed a false advertising claim to proceed based on one software provider’s use of the terms “malicious” and “threat” to describe its alleged competitor’s software, despite a dissent raising free speech arguments. Then I’ll talk about the 9 th Circuit case Enigma Software v. Trademark: In Jack Daniel’s v.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

The TTABlog

JANUARY 2, 2024

Yes] Lack of Actual Actual Confusion Leads to Dismissal of FICO Challenge to FIDO for Fraud Prevention Software and Services TTABlog Test: Are these Two Design Marks Confusable (for Rice)? TTABlog Test: Is METAL HEADS for Headwear Confusable With METAL for Jeans and Shirts? [No] Precedential No. Precedential No.

Registration 70

Registration Designs Design Reporting 70

The TTABlog

JULY 24, 2023

Swiss watchmaker Audemars Piquet opposed applications to register MOSSY OAK and MOSSY OAK & Design for watches and jewelry on the grounds of likely confusion with and likely dilution of the registered mark ROYAL OAK , in standard character and stylized form, for watches. But what about likelihood of confusion?

Registration 52

Registration Designs Design Advertising 52

The IPKat

FEBRUARY 5, 2024

000018762 covering ‘land, air and water vehicles and parts thereof (not included in other classes), including engines for vehicles’ in class 12 protecting the following sign: The defendant is a natural person, who sold radiator grilles customised and designed for old Audi models from the 1980s and 1990s. Background Audi owns EU trade mark no.

Art 67

Art Designs Design Advertising 67

43(B)log

FEBRUARY 25, 2023

You can get a sense for what the use of the putative mark was like at first use, if your data are rich enough. You can get a sense for what the use of the putative mark was like at first use, if your data are rich enough. Skeptical that it could help w/confusion though. What about ChatGPT? Brain scans for consumers?

Trademark 72

Trademark Marketing Marketing Advertising 72

The TTABlog

JULY 2, 2021

Section 2(a) - False Suggestion of a Connection: Gilead Science Loses Opposition to GILEAD CAPITAL: No Section 2(d) Likelihood of Confusion and No 2(a) False Connection Section 2(d) - Likelihood of Confusion: TTABlog Test: Is QUARRY VINEYARD Confusable with PEDRERA for Wine? Precedential Nos.

Registration 52

Registration Designs Design Trademark 52

The TTABlog

MAY 2, 2023

The USPTO refused to register the mark RAO'S for "Wine produced from grapes grown in a single designated vineyard in the Atlas Peak American Viticultural Area, labeled and advertised in compliance with U.S. And what about consumer sophistication? The marks are identical, but are the goods and services related? MUCKY DUCK).

Registration 78

Registration Branding Brands Branding 78

LexBlog IP

MARCH 28, 2023

Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, or instead receives heightened First Amendment protection from trademark infringement claims. She continued: “Parodies can be confusing. If so, you should not have a dog.

Branding 52

Branding Brands Branding Trademark 52

LexBlog IP

MARCH 28, 2023

Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, or instead receives heightened First Amendment protection from trademark infringement claims. ” She continued: “Parodies can be confusing.

Branding 52

Branding Brands Branding Trademark 52

43(B)log

OCTOBER 4, 2021

But genuine fact issues remained on whether J-B Weld’s advertising of “Made in USA” was false and whether Illinois Tool had standing. The use must also cause confusion.” Any confusion loomed as large from the start as it did later on.” Thus, the statute of limitations barred the state law claims.

False Advertising 69

False Advertising Advertising Advertising Trademark 69

The TTABlog

JULY 20, 2023

Rebel Wine, owner of the registered mark BANDIT for "[a]lcoholic beverages except beers," opposed an application to register the word mark EL BANDIDO YANKEE and the word-and-design mark shown below, for "[b]lue distilled agave liquor” on the ground of likelihood of confusion under Section 2(d). for what? - Rebel Wine Co.,

Registration 40

Registration Designs Design Advertising 40

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 no written agreement” will do it.] 1” therein.

False Advertising 72

False Advertising Ownership Registration Designs 72

43(B)log

MARCH 25, 2024

These warnings “shall comprise the top 50 percent of the front and rear panels of the package” of cigarettes and “at least 20 percent of the area of [any] advertisement.” R J Reynolds Tobacco Co. Food & Drug Admin., 2024 WL 1208111, F.4th 23-40076 (5 th Cir. Now it’s the 5 th Circuit’s turn.

Advertising 64

Advertising Advertising Social Media Government 64

azrights

OCTOBER 27, 2021

Some will copy blatantly, others are more savvy so will copy what they calculate they can get away with. People’s sense of what is unethical and unfair copying is often out of line with the law’s approach to regulating competition. Essentially this is the role of brand codes – to uniquely identify your brand so there is no confusion.

Branding 52

Branding Brands Branding Copying 52

IP and Legal Filings

OCTOBER 30, 2023

Introduction With Margot Robbie lighting up our screens in what is arguably the movie of the year, it is the summer of Barbie again; just like it has been, every summer, since her introduction in 1959. This transformation has elevated Barbie to the status of a widely recognized cultural icon.

Trademark 85

Trademark Branding Brands Branding 85

43(B)log

FEBRUARY 19, 2022

Sari Mazzurco, The Law of Social Roles for the Platform Internet Law’s expressive function: how law tells people what social roles various institutions are supposed to carry out. Social roles are fundamental: shorthand that help us understand what behavior is appropriate or inappropriate based on relationship context.

Law 119

Law Branding Brands Branding 119

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

While this may sound a little wacky, it makes sense that Section 230 was designed to ensure that Internet services only need to comply with a single national standard as much as possible. This creates the foundation for a possible Supreme Court review of this issue. About the Case. Hepp is a television newscaster. See, e.g., Ripple v.

Intellectual Property 134

Intellectual Property Trademark Marketing Marketing 134

The IPKat

MARCH 26, 2024

Instead, the judge had carefully evaluated the evidence and decided what assistance, if any, to derive from it, as she was required to do. Lidl, on the other hand, appealed the High Court's finding of bad faith in respect of the Wordless Mark.

Copyright 57

Copyright Copyright Infringement Copying Social Media 57

Kashishipr

JULY 13, 2022

Augmented Reality (AR) and Virtual Reality (VR) technologies are growing rapidly and becoming more noticeable and shall be transformative to the way we learn, live, work, and play. Undoubtedly, both technologies bring a complete set of novel Intellectual Property (IP) issues for business companies, brands, individuals, courts, and IP practitioners.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

IP Intelligence

JULY 26, 2022

This is not so in the US, which has a very broad definition of what comprises a trademark in 15 U.S.C. Section 1127: A trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods.

Registration 52

Registration Trademark Advertising Advertising 52

Technology & Marketing Law Blog

JULY 17, 2023

By Guest Bloggers Margaret Chon and Christine Haight Farley [Margaret Chon is a Professor of Law at Seattle University School of Law, and Christine Haight Farley is a Professor of Law at American University Washington College of Law.] In one of the last opinions announced this term, Abitron Austria GmbH v. Hetronic International Inc. ,

Trademark 70

Trademark Blogging Litigation Law 70

LexBlog IP

JULY 26, 2022

This is not so in the US, which has a very broad definition of what comprises a trademark in 15 U.S.C. Section 1127: A trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods.

Registration 52

Registration Trademark Advertising Advertising 52

SpicyIP

MAY 20, 2024

SpicyIP Tidbit: Delhi High Court grants an Ex-parte Ad interim Injunction to Designer Gaurav Gupta On DHC’s recent interim injunction to designer Gaurav Gupta, Surabhi highlights the problem with the Court’s one glove fits all approach in this tidbit. What’s in a Name? Anything we are missing out on?

Trademark 45

Trademark Advertising Advertising Copyright 45

SpicyIP

OCTOBER 16, 2023

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlights of the Week Image from here Looking at the DHC’s order in Jainemo Pvt. Apna College)’s study material online.

Due Diligence 59

Due Diligence Invention IP Copyright 59

Kluwer Copyright Blog

OCTOBER 30, 2023

The precise details of what is being appealed is not yet known. Trade mark infringement – Lidl’s trade mark for the Lidl logo was infringed by Tesco’s Clubcard Price(s) signs, which took unfair advantage of Lidl’s reputation for low prices and damaged the distinctive character of Lidl’s logo.

Copyright 60

Copyright Copying Branding Brands 60

43(B)log

AUGUST 18, 2021

were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. The Composite Design Mark registration specifically acknowledged that it made “no claim. Rushmore Photo & Gifts, Inc.,

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

Garrigues Blog

OCTOBER 11, 2022

This is why a GI usually includes the designation of the place of origin. An EU proposal for a regulation could help protect craft products and the qualities attributed to specific local skills and traditions. Talavera pottery, Elche footwear and Albacete knives are undoubtedly well-known the world over.

Registration 52

Registration Marketing Marketing Designs 52

LexBlog IP

FEBRUARY 1, 2023

Lots of people are talking about ChatGPT. Some are fueling the terror by comparing ChatGPT’s release to the unleashing of the Kraken. ” While, for some, the release of ChatGPT seems accompanied by a dramatic feel, my experience with ChatGPT started with a much more sitcom feel but had an admittedly surprising ending.

Trademark 52

Trademark Intellectual Property Branding Brands 52