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

The TTABlog

APRIL 1, 2024

First DuPont Factor Brings TTAB Dismissal of Monster Energy's Opposition to LAIKABEAST & Design for Mugs and Plates TTABlog Test: Is TABLEAU for Wine Confusable with TABLEAU for Bar Services? Yes] TTABlog Test: Is CROSSFIRST BANK & Circle Design Confusable with Banc of California's RIng Design? Precedential No. Guess What?

Designs 57

Designs Design Registration Trademark 57

IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The players can collect up to 30 NFTs in the game, 10 of which are designed by the artist Beeple [i].

Law 85

Law Branding Brands Branding 85

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

The TTABlog

DECEMBER 21, 2021

The NAKED condom case returned to the TTAB after a CAFC reversal [ TTABlogged here ] and the Supreme Court's denial of the registrant's petition for writ of certiorari (September 2021). According to Section 2(d), Australian was required to show ownership of a mark "previously used in the United States. equally oxymoronic? -

Registration 51

Registration Contracts Advertising Advertising 51

IP and Legal Filings

OCTOBER 30, 2023

Barbie, a name synonymous with an unattainable standard of femininity and the concept of commercial feminism, was designed to captivate the toy market with all its glittery pink magnificence. Hence, it is no wonder that the battle for ownership of her trademark is also highly sought after.

Trademark 86

Trademark Branding Brands Branding 86

The TTABlog

OCTOBER 10, 2023

In an exhaustive and exhausting decision, the Board sustained an opposition to registration of the mark HME in the stylized from shown below, for various types of pipes and other building products, finding confusion likely with opposer's mark KME for overlapping goods.

Marketing 70

Marketing Marketing Ownership Registration 70

Intellectual Property Law Blog

MAY 2, 2023

is to “offer a resource to the organizations designing, developing, deploying, or using AI systems to help manage the many risks of AI and promote trustworthy and responsible development and use of AI systems.” For pending applications and registrations that have already issued, the applicant must update them to meet the duty of disclosure.

Government 237

Government Business Licensing Copyright 237

The IPKat

DECEMBER 16, 2021

CPL had a registered trademark in the word “Conphamol” and the design of the product packaging. The Court of Appeal however found that there was enough evidence before the court to prove CPL’s ownership of the copyright in the artwork (as it had commissioned and paid for the artwork). NTA-Star used photos of Banire on their billboards.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. ” Nevertheless, the successor licensee sent DMCA takedown notices to Amazon targeting the registrant’s stripped-down sticker. .” per sticker set.

Registration 111

Registration Fair Use Copyright Designs 111

azrights

OCTOBER 27, 2021

Therefore, legal protection needs to be an uppermost consideration when choosing or changing brand codes because legal ownership is fundamental to effective protection of uniqueness of a brand’s identifiers. This initial design registration gave the company a way to preserve the uniqueness of the shape to the Coca Cola brand.

Branding 52

Branding Brands Branding Copying 52

IP and Legal Filings

JULY 5, 2023

Introduction Trademarks are recognised phrases, words, or symbols that designate a certain item and lawfully distinguish it from all other items of the same type. Examples of service categorization classes include: Advertisement, business administration, business management, and office functions are all part of Class 35.

Trademark 59

Trademark Registration Branding Brands 59

The IPKat

DECEMBER 14, 2023

In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements. The warning came as a result of complaints from various artists and designers who assert that their works are being distributed on various platforms without benefitting them.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

43(B)log

OCTOBER 31, 2022

Zamfir has the burden of rebutting the presumption of ownership conferred by CasperLabs’ registered mark, but that burden can be met by showing that the registrant had not established valid ownership rights in the mark at the time of registration. He pled falsity, but didn’t sufficiently plead harm.

Registration 59

Registration Trademark Ownership Marketing 59

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

2,990,814 (the “‘814 Registration”), has been used in U.S. 1057(b), Poulsen claims the ‘814 Registration is prima facie evidence of the validity of the Mark, Poulsen’s ownership of the Mark, and Poulsen’s exclusive right to use the Mark in commerce. Poulsen claims the Mark, protected under U.S. Federal Trademark Reg.

Trademark 52

Trademark Branding Brands Branding 52

43(B)log

AUGUST 3, 2023

So too w/false advertising. Advertising: false endorsement potential. Assumptions skipped over in TM/false advertising analysis.] Dustin Marlan, Trademark Disclosure TM registration requires disclosures just as patent does: undertheorized. Death closes things off. Property law: somewhere between all and nothing.

Registration 52

Registration False Advertising Advertising Advertising 52

43(B)log

MARCH 10, 2023

The highway protocol allegedly suffered from performance issues and never met the design requirements that Zamfir had previously advertised when working with CasperLabs on the product, thus allegedly harming his reputation.

Registering Trademarks 45

Registering Trademarks Trademark Registration Ownership 45

SpicyIP

MAY 18, 2022

The Indian Trade Marks Registry is also seeing activity under classes 9, 35 and 41 for registration of trademarks in relation to ‘downloadable virtual goods’ and online virtual services. Some examples under class 9 include: S.No. However, when it comes to virtual goods, classification is not straightforward.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

The TTABlog

OCTOBER 3, 2022

Deemed a Specially Designated Narcotics Trafficker (SDNT), applicant was banned from doing business in the United States from 2008 to 2015. Although it did not resume use of the mark for seven years, it commenced TTAB litigation with ARSA in 2016 regarding ownership of the mark. In May 2015, applicant was removed from the SDNT list.

Ownership 40

Ownership Litigation Registration Business 40

IIPRD

NOVEMBER 22, 2023

Ensuring Compliances of IP laws Trademarks and logos: On media platforms, names and emblems are commonly used to advertise companies and services, both visually and orally. Designs: Many companies now sell via media platforms, for many it is their only means of marketing.

Social Media 59

Social Media IP Intellectual Property Copying 59

SpicyIP

NOVEMBER 7, 2022

The Division Bench of the Delhi High Court upheld that order of the commercial court and reiterated that registration over a composite mark does not guarantee a protection over any specific part of the mark. The court relied on its previous orders which dealt with identical facts and had ordered for advertisement therein.

Patent Prosecution 111

Patent Prosecution Invention Journalism IP 111

TraskBritt Intellectual Property

MARCH 22, 2021

Trademarks are a word, phrase, symbol, and/or design that identifies goods and/or services and also distinguishes the source of those goods from other sources of similar goods. In the United States, trademark protection is available at common law without the need for registration. Why Should you File a Trademark Application?

Trademark 52

Trademark Registration Registering Trademarks Branding 52

IIPRD

AUGUST 4, 2022

However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. For modern designers, this may be both a blessing and a curse. If the Artist had registered his work as Copyright, he would have had legal proof of ownership in this situation. Trademarks.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

azrights

MARCH 15, 2021

A distinctive asset such as the Nike Swoosh would have been capable of registration as a trademark as soon as the design was created. Even if your advertising budget is tiny, you can confidently build up recognition to such an asset because you have powerful rights available to you to fend off copyists.

Branding 52

Branding Brands Branding Trademark 52

LexBlog IP

NOVEMBER 17, 2021

Kaira also owns common law design marks which are displayed on the websites www.amul.com and www.amuldairy.com. The Defendants were advertising, marketing and selling milk products in Canada through LinkedIn in association with the trademark AMUL and claiming to be Kaira. Kaira also established trademark infringement. Disposition.

False Advertising 40

False Advertising Social Media Trademark Branding 40

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. In practice, there is a constant interplay between use of identifiers and ownership of them.

Trademark 52

Trademark Branding Brands Branding 52

Kashishipr

JULY 21, 2021

Counterfeit goods can include fake designer clothes, bags, watches, accessories, perfumes, pirated DVDs, CDs, smartphones, computer games, and many more. Proof of IP Ownership – IP Registration Certificate or Copyright Recordal Certificate is necessary. Counterfeit Products Online. Educating the consumers is imperative.

Branding 105

Branding Brands Branding Cease and Desist 105

Technology & Marketing Law Blog

OCTOBER 19, 2021

The Kremen case involved the alleged theft of the sex.com domain name by improperly modifying the electronic records evidencing ownership of the domain name. Thus, other cases have applied conversion law to alleged theft of domain name registrations (e.g., .” This abstract statement requires more clarification.

Licensing 88

Licensing Copyright Contracts Advertising 88

LexBlog IP

MAY 2, 2023

is to “offer a resource to the organizations designing, developing, deploying, or using AI systems to help manage the many risks of AI and promote trustworthy and responsible development and use of AI systems.” Some companies are advising employees not to advertise the use of AI. ” AI RMF 1.0 Both the U.S.

Government 52

Government Business Copyright Licensing 52

Intepat

DECEMBER 6, 2022

The Appellant had been using the mark since 1981 and had gained popularity due to resources employed in advertisements and promotional activities. iii) The impugned mark is used for goods or services different from those for which registration has been granted, and does the registered trade mark have a reputation in India.

Trademark 98

Trademark Trademark Law Registering Trademarks Law 98

43(B)log

AUGUST 4, 2021

If your whole service is designed so that content can be transmitted to people, then hard to deny knowledge that it will get transmitted. Sometimes hard to tell whether something is a design or a brand. Seabrook Farms: design elements around a name/logo are not marks. Giganews can be right too (Perfect 10?). Matt Sag: intent?

Copyright 90

Copyright Trademark Copying Fair Use 90

SpicyIP

FEBRUARY 20, 2023

In the context of certain questions that arose in the proceedings, Tanvi then brings up an interesting hypothetical i.e. what if the defendants had challenged the ownership of the copyright early on, instead of the attempt to amend it later on? Delhi High Court clarifies application of Section 15(1)(b) of the Designs Act.

Registration 105

Registration Designs Design Trademark 105

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

IIPRD

FEBRUARY 23, 2021

The National IPR Policy of 2016 has resulted in increasing IP registration since its inception. The pendency in IP registration applications have also decreased. The registration at USPTO is required to protect the creditor from bona fide purchasers and mortgages. The security agreement has to be registered with the USPTO.

IP 40

IP Intellectual Property Branding Brands 40

Kashishipr

MAY 4, 2022

Even if you have the Trademark Registration in place, it is essential to understand that the trademark rights are not self-executing; being the trademark owner, you are ultimately responsible for monitoring the marketplace and your use as well to safeguard well against losing the rights. Send Cease-&-Desist Letters Automatically.

Social Media 105

Social Media Trademark Cease and Desist Registering Trademarks 105

43(B)log

SEPTEMBER 11, 2023

Because the plaintiff doesn’t own the relevant registration, its §32 claims fail, but the court allows §43(a) claims to proceed, partially reversing the district court’s grant of summary judgment—but read on for more on what that might look like. Assignments before registration need not be in writing, but the evidence must be clear. “[R]equiring

Advertising 69

Advertising Advertising Marketing Marketing 69

43(B)log

SEPTEMBER 7, 2021

Wakefern operates approximately 353 supermarkets under various brands such as ShopRite and Fairway Market across several states, and has a registration for ShopRite. False advertising: Not commercial advertising or promotion. Trademark infringement: This just wasn’t use in commerce.

False Advertising 45

False Advertising Advertising Advertising Marketing 45