SpicyIP

OCTOBER 27, 2023

Example: When opt-out/ unsubscribing services are hidden or require multiple steps to arrive at the cancellation page. Interface interference is a tactic that hinders consumers from performing actions like cancelling subscriptions or deleting accounts, such as redirecting them to another page while trying to cancel a pop-up advertisement.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.” Latinfood U.S.

False Advertising 59

False Advertising Advertising Advertising Registration 59

The TTABlog

OCTOBER 6, 2023

The parties to this cancellation proceeding opted to litigate the case under the Accelerated Case Resolution (ACR) regime. Cancellation Nos. Petitioner did not challenge any of the evidence showing display of the RASCAL HOUSE marks on Jerry's Deli menus and on advertising while the RASCAL HOUSE restaurants were operating.

Branding 67

Branding Brands Branding Advertising 67

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.

Trademark 52

Trademark Cease and Desist Registration Patent Application 52

The TTABlog

AUGUST 3, 2022

Pet Go Round of Greensboro , Cancellation No. The Otto Roth rule is applicable to trademark registration cancellation proceedings as well. Natural Dog Acquisition LLC v. 92074028 (August 2, 2022) [not precedential] (Opinion by Judge Albert Zervas). Respondent established a first use date of December 2013. Universal Foods Corp.,

Law 52

Law Registration Designs Design 52

43(B)log

SEPTEMBER 7, 2021

Chunma’s motion to dismiss the cancellation claims was denied. The claim for cancellation of the ‘675 Mark was based on fraud in obtaining the trademark registration and misrepresentation of source, whereas their claim for cancellation of the ’549 and ’077 Marks was based on misrepresentation of source alone.

False Advertising 59

False Advertising Registration Trademark Registering Trademarks 59

azrights

OCTOBER 20, 2023

Apple and MacDonalds are household brands that have lost their EU trademarks in recent years, meaning that third parties may now freely use ‘Think Different’ and Big Mac in the EU. When that happens, the other party who wants to use the marks will be able to apply to have the trademark registrations cancelled.

Branding 52

Branding Brands Branding Marketing 52

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. CeramTec GmbH , Cancellations Nos. C5 Medical Werks, LLC v.

Registration 72

Registration Advertising Advertising Blogging 72

The TTABlog

JUNE 29, 2022

The Trademark Trial and Appeal Board (Tee-Tee-?-Bee) 88453313 [Refusal to register ResponsiveAds for advertising, marketing and promotional services and for marketing software, on the ground of mere descriptiveness and lack of acquired distinctiveness.] Cancellations Nos. The hearings will be held via video conference.

Music 57

Music Registration Advertising Advertising 57

Indiana Intellectual Property Law

AUGUST 18, 2021

Wayne, Indiana – Phoenix Intangibles Holding Company apparently licenses the getGo® trademark to Giant Eagle, Inc. Per the Complaint, Plaintiffs have used the getGo® trademark since at least March 2013 and have sought and secured federal trademark registrations for various getGo® trademarks and logos as set forth below (the “getGo® Marks”).

Trademark 52

Trademark Service Mark Registration Advertising 52

The TTABlog

DECEMBER 30, 2022

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine (IX) oral hearings for the month of January 2023. Cancellation No. Derma Pen IP Holdings LLC , Cancellation No. Eight of the hearings will be held via video conference; the last one will be in person. January 12, 2023 - 2 PM: Ultrasun AG v.

Registration 57

Registration Advertising Advertising Designs 57

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.

Trademark 85

Trademark Branding Brands Branding 85

The IPKat

NOVEMBER 24, 2022

The DPMA cancelled the registration of “Black Friday” due to lack of distinctiveness. It however cancelled the trademark for those services of Class 35, which are related to trade of electrical and electronic goods and for their advertising. The trademark was remained valid in Classes 9 and 41, and in part of Class 35.

Registration 117

Registration Advertising Advertising Art 117

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.

Trademark 52

Trademark Registration Branding Brands 52

The TTABlog

JULY 2, 2021

Failure to Prove "Standing" and Priority Dooms Section 2(d) Cancellation of CHUBB TRAVEL SMART Registration for Mobile Apps Catch-all Thirteenth DuPont Factor Saves HANA BANCORP & Design from Section 2(d) Refusal Precedential No. TTABlog Test: Are These Two "Bull" Designs Confusingly Similar For Auto Parts? Precedential No.

Registration 52

Registration Designs Design Trademark 52

SpicyIP

MARCH 13, 2023

Controller of Patents and Designs: Revisting the CRI Guidelines and Ferid Allani Patentability of Computer Related Inventions (CRI) in India has popped up again! The defendant had alleged that the plaintiff’s mark should be canceled for non-use and for being composed of 2 generic laudatory words. Microsoft v. Ranjan Gupta & Ors.

Intellectual Property Law 119

Intellectual Property Law Intellectual Property Trademark IP 119

SpicyIP

FEBRUARY 20, 2023

Last week on the blog we featured posts with nuanced discussions on burning issues surrounding patents, trademarks, and copyright. Numeral Marks, Passing off, Trademark Infringement – Delhi High Court’s All-in-One Approach? Case Summaries After Delhi High Court, Bombay High Court interprets Section 124 of Trademarks Act.

Registration 105

Registration Designs Design Trademark 105

The TTABlog

JULY 31, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine oral hearings for the month of August 2023. Cancellation No. All hearings will be held via video conference except for the third hearing, which will be "In Person." Briefs and other papers for each case may be found at TTABVUE via the links provided. Mealpal, Inc.

Contracts 52

Contracts Registration Designs Design 52

Garrigues Blog

JUNE 1, 2021

Autocontrol and Asociación Española de Anunciantes (Spanish Advertisers’ Association or AEA) agree on the ethical standards that should be applied to advertising by influencers from January 1, 2021. Banksy Case: registration of a trademark in bad faith and the price of anonymity. How do you protect a website?

Blogging 52

Blogging IP Advertising Advertising 52

The TTABlog

OCTOBER 2, 2023

TTABLog Test: Is "SUNSET SUSHI & Design" Confusable with "BANSHOO SUSHI BAR & Design" for Restaurant Services? [No] Specimen of Use/Nonuse/Illegal Use: TTAB Affirms Rejection of Specimen (Slide Presentation) for Oil Drilling Equipment as "Mere Advertising" Precedential No. Welch 2023.

Reporting 62

Reporting Trademark Registration Designs 62

SpicyIP

MARCH 11, 2024

A Case of Reverse Passing Off: DHC Rules In Favour Of Western Digital On Trademark Infringement Recently, the DHC passed an ex-parte interim injunction order against Geonix, holding them prima facie liable for indulging in ‘reverse passing off’ by selling Western Digital’s hard disks as their own.

Trademark 59

Trademark Registration Copyright Patent 59

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Controller of Patents & Designs Patent Office Mumbai. Controller of Patents and Designs and Raytheon Company v. Microsoft Technology Licensing v. In Microsoft v.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

OCTOBER 4, 2021

Begin with legislative action: Trademark Modernization Act, Which introduces three of the big themes of the year: (1) trademark use, (2) the harm of infringement, and (3) the role of the First Amendment in limiting the scope of trademark rights. Slides here.

IP 94

IP Trademark Advertising Advertising 94

LexBlog IP

JANUARY 4, 2023

. (“Mystery Ranch” or “Opposer”) opposed registration of the DANA DESIGN mark based on an alleged false suggestion of a connection with Mystery Ranch and Dana Gleason, Mystery Ranch’s co-owner, under Section 2(a) of the Trademark Act, 15 U.S.C. § In 1992, Dana Design Ltd. ” 15 U.S.C. §

Registration 52

Registration Designs Design Trademark 52

azrights

OCTOBER 27, 2021

For example, the law won’t generally stop copying of ideas or business models or colours of other brands unless these are trademarked. Some identifiers can be protected and owned as trademarks as soon as you create them. Others are extremely difficult to secure as trademarks and need a strategy to achieve.

Branding 52

Branding Brands Branding Copying 52

The TTABlog

DECEMBER 21, 2021

The CAFC ruled that the Board erred in concluding that Petitioner Australian Therapeutic lacked "standing" to bring its petition for cancellation, pointing out that a petitioner need not have a proprietary interest in a mark to have standing. Naked TM, LLC , Cancellation No. Australian Therapeutic Supplies Pty.

Registration 51

Registration Contracts Advertising Advertising 51

SpicyIP

FEBRUARY 13, 2023

Other Posts Honesty as a Defense vis-à-vis Trademark Infringements: Principle or Provision? Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision.

Designs 52

Designs Design Trademark Cease and Desist 52

LexBlog IP

SEPTEMBER 15, 2021

Deckers ) filed a lawsuit against Sydney-based footwear company, Australian Leather Pty Ltd ( Australian Leather ) for trademark infringement, the U.S. Trademarks that are distinctive, and therefore eligible for protection in one country, may have a generic meaning and therefore not be registrable or enforceable in another. Background.

Trademark 52

Trademark Registration Branding Brands 52

The TTABlog

JANUARY 5, 2022

A single-color mark on a product design is registrable only upon a showing of acquired distinctiveness. Dimarzio claimed use of the proposed mark since 1979, with millions of consumers observing its guitar pickups in videos, advertisements, and musical performances. In re Dimarzio, Inc. TTABlogged here ]. Wal-Mart (citing Qualitex ).

Registration 111

Registration Advertising Advertising Music 111

43(B)log

AUGUST 18, 2021

29, 2021) This is part of a long-running trademark case, now over 10 years old. 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. Sturgis Motorcycle Rally, Inc. 2021 WL 1176242, No.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

LexBlog IP

NOVEMBER 9, 2023

With decision of May 8, 2023, the EUIPO Cancellation Division provided relevant clarification concerning the use of a trademark in relation to specific registered goods.

Trademark 52

Trademark Social Media Business Advertising 52

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. Trademarks give you a wide scope of protection so that Nike could have prevented a competitor developing an icon that was similar to its own swoosh logo.

Branding 52

Branding Brands Branding Trademark 52

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. The case clarifies that the bar on arbitrability of trademark disputes is not an absolute one. Golden Tobacco Ltd [Delhi High Court]. Jorawer Singh Mundy v.

IP 143

IP Intellectual Property Copyright Trademark 143

LexBlog IP

JULY 12, 2021

What is the Supplemental Trademark Register, and how does it differ from the Principal Register? Officially called the “ Supplemental Register ,” it is one of two United States federal trademark registers. What is a Supplemental Register Trademark? Moving a Trademark From the Supplemental to the Principal Register.

Trademark 52

Trademark Graphic Design Registration Registering Trademarks 52

43(B)log

FEBRUARY 3, 2024

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? False advertising uses v different framework: consider the challenged ad as a whole, including disclaimers and qualifying language. Beer Nuts, Bulls’ Eye v. Dougies for diapers.

False Advertising 49

False Advertising Contracts Branding Brands 49

TraskBritt Intellectual Property

MARCH 22, 2021

Trademarks are powerful marketing tools that can help a potential customer not only to recall the associated brand but also to affiliate the words of the trademark with that brand. You may want to trademark a phrase to control how your brand is perceived in the minds of potential customers. Doing this has several advantages.

Trademark 52

Trademark Registration Registering Trademarks Branding 52

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. In July 2016, applicant petitioned to cancel ARSA's registration, and in 2017 it applied to register its EUCALIN word-and-design mark. In May 2015, applicant was removed from the SDNT list.

Ownership 40

Ownership Litigation Registration Business 40