LexBlog IP

AUGUST 31, 2021

. – a leading furniture brand and purveyor of the iconic Eames Chair Design – suffered a loss at US Trademark Trial and Appeal Board (TTAB) in its bid to protect as “trade dress” the design of the chair. De facto functionality is not a ground for refusal. In re Ennco Display Sys. 52 USPQ2d 1628, 1631 n.4

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LexBlog IP

AUGUST 16, 2023

Essential Benefits of Trademark Registration – Part 6 This is the sixth in a series of posts about the benefits of having your trademark registered. A registered trademark serves as a deterrent to potential infringers. Minimizing Brand Confusion Brand confusion can erode consumer trust and loyalty.

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The IPKat

APRIL 18, 2023

Google offers an advertising service called Dynamic Search Ads. However, instead of using a text from the advertiser, Google’s proprietary algorithm automatically generates the text, including the headline and landing page, from the advertiser’s website content. The Court applied by analogy the case law on keyword advertising.

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IPilogue

NOVEMBER 17, 2022

Can you file a trademark application for a restaurant and proceed to demand 1.5 Beijing Judian is a reputable barbeque bar restaurant with over 40 locations in China with established Ju Dian character marks, including the JU DIAN & Design Mark. Meng’s advertisement revealed Meng’s knowledge of Beijing Judian’s reputation.

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The TTABlog

JANUARY 17, 2024

Banc of California petitioned to cancel a registration for the mark shown below left, on the ground of likely confusion with its registered mark shown below right, both for, inter alia , banking services. Since both parties rely on issued registrations, priority was an issue in this proceeding. How do you think this came out?

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LexBlog IP

AUGUST 16, 2023

Essential Benefits of Trademark Registration – Part 7 This is the seventh in a series of posts about the benefits of having your trademark registered. Trademark registration aids in building a cohesive brand identity. Consumer Trust and Loyalty A registered trademark inspires consumer trust.

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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. referred to as the "Ridge Designs").

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Indiana Intellectual Property Law

OCTOBER 27, 2023

also known as TerreMax ) for Trademark infringement under 15 U.S.C. 1114(1) , unfair competition , use of false designations of origin and false advertising under 15 U.S.C. Court documents show that Banjo has received a Trademark registration ( No. Continue reading

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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.

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Corsearch

NOVEMBER 23, 2023

Popular trends in fashion, pharmaceuticals and health, technology, entertainment, and society are often drivers in the words found in trademark registrations. With increasing name saturation, finding a unique trademark is becoming a more difficult task in many industries – and this is in turn fueling likelihood of confusion.

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Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. First, design elements that are “physically or conceptually separate” from the article can be protected. Trademark and Halloween Costumes. Copyright and Halloween Costumes.

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LexBlog IP

JANUARY 31, 2024

We presented a webinar last week entitled How to Win Your Next Trademark Battle: Lessons Learned in 2023 to give brand owners and their lawyers an overview of key takeaways from last year’s trademark cases. misuse of their trademarks when drafting license or distribution agreements with non-U.S. Rothschild is appealing.

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Patently-O

NOVEMBER 21, 2022

The company had waited too long to file for patent protection and so it turned to trademark. The USPTO complied and issued registered two trademarks on the filter shape. With the trademark registration in-hand, the district court partially granted SoClean’s motion for preliminary injunction. Important note here.

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IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] 2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks.

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LexBlog IP

JANUARY 31, 2024

However, a work’s copyright expiration does not extinguish any trademark rights that the owner may maintain in that same work. But it is important to remember that any existing trademark protection in them subsists. Further, Disney still owns valid copyright and trademark rights in other, more modern versions of Mickey Mouse.

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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. Tam and Brunetti, striking down various bars on registration. Taco Cabana, from 1992. Then, in Lexmark v.

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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. Additionally, it also deals with the exclusive rights of a trademark owner, penalties for Trademark Infringement , remedies for damaged goods, and modes of transference of a Registered Trademark.

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Patent Trademark Blog

APRIL 5, 2022

Can you expedite a US trademark application? While it’s not impossible, bumping up a US trademark application can only occur under very limited circumstances. Actually, it is significantly more difficult to expedite a trademark application than a patent application. So this extraordinary remedy is limited by design.

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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. A trademark is a valuable intellectual property that businesses use to differentiate their brand from their competitors’ in the market.

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IP and Legal Filings

APRIL 12, 2023

I ntroduction Hermes International recently filed a lawsuit against Crimzon Fashion Accessories Private Limited, alleging Trademark Infringement. The act defines a well-known trademark in Section 2(z)(g). For example, if someone mentions the well-known trademark Bisleri , one immediately thinks of bottled mineral water.

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Patently-O

OCTOBER 3, 2021

Now, the company has filed a civil action in the Eastern District of Virginia seeking a court order that TBL is entitled to a registration. The TTAB gave little weight to the fact that the agency has issued registration certificates on many different shoe designs. TBL Complaint. Booking.com B.V. Matal , 278 F. 3d 891, 900 (E.D.

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IP Tech Blog

AUGUST 22, 2022

Fashion brands, for example, are filing trademark applications in the US, Japan and the EU to secure protection for the use of their brands on digital projections of their apparel, shoes and accessories that are transacted in the Metaverse. Are they protectable by design patents? Other countries are lagging behind. Article 2.4

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Intepat

NOVEMBER 14, 2022

Trademark Classification. When you file for a trademark in India, an indispensable requirement is finding out the trademark classification of your goods or services under which you must file your brand. ” The system of trademark classification eases the process of registration of a trademark. .”

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Kashishipr

JANUARY 19, 2022

The role that trademarks play in the marketing of a brand can help us unwind what commercial players and business houses should consider in the development of their brand marketing strategies to best incentivize their assets for better returns. Noting the Difference between a Brand and a Trademark.

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Intepat

DECEMBER 21, 2021

QR codes were first utilised in the automotive business, but they are now widely used in advertising, payments, product tracing, and counterfeit detection, among other things. Is the Trademark Act applicable to QR Codes? One can, however, file a Trademark Application to register a logo that incorporates a QR code.

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SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. Assistant Controller of Patents and Designs , N.V.

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The TTABlog

DECEMBER 8, 2022

In an exhaustive 107-page opinion, the Board granted petitions for cancellation of two registrations on the Supplemental Register for the color pink applied to the entire surface of hip joint implants, on the ground of Section 2(e)(5) functionality. As to the availability of alternative "designs" (i.e., C5 Medical Werks, LLC v.

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Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern. Many companies exploit renowned person identities without obtaining proper consent, leading intellectual property experts to advocate for the safeguarding of image rights through registration under Intellectual Property laws.

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SpicyIP

AUGUST 22, 2022

We are pleased to bring our readers a guest post by Abhijay Srekanth and Vivek Basanagoudar on interaction of trademarks with free speech. Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute. Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice.

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The IP Law Blog

MARCH 5, 2021

, the executives at Peloton believe that the trademark SPIN is of great importance. Last month (February, 2021), Peloton filed petitions to cancel the trademarks SPIN and SPINNING for physical fitness instruction and for stationary exercise bicycles on the grounds that the marks are generic. This is commonly referred to as Genericide.

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Kashishipr

AUGUST 24, 2022

Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India.

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SpicyIP

MAY 18, 2022

Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse. In the US too, several companies are protecting their trademarks for similar goods and services. Aparajita Lath. Image from here. Application date.

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The TTABlog

MAY 25, 2023

Applying the Morton-Norwich factors, and giving some weight to applicant's design patents, the Board concluded that the USPTO failed to make a prima facie case of functionality. There were no utility patents of record, nor any evidence showing that JBL touted any utilitarian advantages of this product design.

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Velocity of Content

JULY 26, 2022

But trademarks are not mentioned in that foundational document. This blog has already discussed the differences between copyright and trademark– which are, unfortunately, too frequently confused as two alternative ways of protecting non-technical IP. See discussion at this blog for a longer discussion of the differences.)

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LexBlog IP

AUGUST 23, 2023

Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB”) in a pair of precedential decisions published this summer. 1 Is a Building “Product Packaging” or “Product Design” Trade Dress? 1 Is a Building “Product Packaging” or “Product Design” Trade Dress?

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IP and Legal Filings

JULY 17, 2023

Introduction ABU DHABI GLOBAL MARKET lodged an appeal against the rejection of its trademark registration application contending that the rejection by the Trade Marks Registry was unfounded both in fact and in law, while the respondent centered their objections around the use of a geographical name and the lack of distinctiveness.

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LexBlog IP

FEBRUARY 26, 2023

I asked: “ What were the first trademarks? “ ChatGPT replied: The use of trademarks can be traced back to ancient times, when craftsmen and traders marked their goods with unique symbols or designs to identify their origin or quality. However, trademark protection in the U.S.

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