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.

Trademark 52

Trademark Registration Branding Brands 52

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

JULY 2, 2021

TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out? 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. Apple, Inc. Precedential Nos.

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Registration Designs Design Trademark 52

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. Read on to know more!

Trademark 59

Trademark Registration Copyright Patent 59

SpicyIP

MARCH 13, 2023

Noting how the Indian Government is in the process of coming up with a new bill with significant amendments, Prashant suggests that perhaps other countries should look to learn from India’s experience. ChatGPT and the Underlying Copyright Malady Can the output(s) generated by ChatGPT be protected under copyright law?

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Intellectual Property Law Intellectual Property Trademark IP 119

LexBlog IP

DECEMBER 26, 2023

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. There’s no doubt AI is incredibly useful for generating content, though there is still no substitute for a real human author or artist.

Designs 52

Designs Design Trademark Copyright 52

LexBlog IP

DECEMBER 20, 2021

The Trademark Modernization Act of 2020 (“TMA”) went into effect on December 18, 2021. Applicants and registrants now have new tools at their disposal to clear the federal register of unused trademarks and the USPTO can move applications through the registration process more efficiently.

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Trademark Registration Advertising Advertising 40

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. Ingredients v.

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False Advertising Contracts Branding Brands 49

The TTABlog

SEPTEMBER 23, 2022

Petitioner JNF LLC was undoubtedly unhappy with the result of its petition to cancel a registration for the mark HAPPIEST HOUR for bar and restaurant services. Its claim of use analogous to trademark use failed because its prior publicity "was not sufficiently clear, widespread and repetitive." TMEP Section 903.06 (2022).

Service Mark 52

Service Mark Registration Advertising Advertising 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

SpicyIP

OCTOBER 24, 2022

We’re pleased to bring to you a guest post by Akshay Ajayakumar that continues his scrutiny of the trademark registry’s standard of examination. There exist numerous certification marks which have been granted registrations erroneously. In this post, he focuses on certification marks. All views in the post are personal.

Journalism 81

Journalism Advertising Advertising Registration 81

43(B)log

OCTOBER 31, 2022

He alleged trademark and related claims based on CasperLabs’ use of the name. Zamfir alleged that, though continued to inquire about the status of the CASPER trademark application CasperLabs represented it would file on his behalf, he didn’t learn that CasperLabs had registered the CASPER mark until early 2021.

Registration 59

Registration Trademark Ownership Marketing 59

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

LexBlog IP

DECEMBER 21, 2021

The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce.

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Trademark Registration Intellectual Property Litigation 40

43(B)log

JANUARY 5, 2024

Plaintiff has seven registered trademarks involving Florida Virtual School or FLVS; two of the registrations are incontestable. registrations with graphical elements The “Florida Online School” mark included an image of a Florida panther. statements as evidence of confusion.

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Branding Brands Branding Marketing 59

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? What is a Supplemental Register Trademark?

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Trademark Graphic Design Registration Registering Trademarks 52

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.

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Trademark Registration Registering Trademarks Branding 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

43(B)log

FEBRUARY 24, 2024

We like how they sort us/how we get to identify with them? How much of that is cultural? Focused on Amazon: free riding on gov’t mechanisms, particularly TM law, to communicate to gov’t not to regulate it—product liability, intermediary liability. It’s also cheaper, and Amazon is notoriously cheap. Human desire for TMs?

Fair Use 45

Fair Use Branding Brands Branding 45

IIPRD

FEBRUARY 23, 2021

Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention. Advances in science and technology, as well as business innovations have transformed the economy, making way for new industries and modern ways of doing business.

IP 40

IP Intellectual Property Branding Brands 40

SpicyIP

DECEMBER 17, 2023

Highlights of the Week By Whom and How Are Our Patent Examiners Being Recruited? Digging Past the Recent Re-Notification of the Exams Following the cancellation of the preliminary exams conducted by the QCI, the recruitment of 553 patent examiners has been re-notified, this time with the assistance of NTA. Sidhi is a final year B.A.

IP 59

IP Trademark Advertising Advertising 59

SpicyIP

DECEMBER 11, 2023

Ever wonder how they’d describe themselves to each other? Lokesh, in this lovely poem, describes how he’d imagine that conversation would happen, highlighting the overlap between the two. Lokesh, in this lovely poem, describes how he’d imagine that conversation would happen, highlighting the overlap between the two.

Trademark 103

Trademark Fair Use Moral Rights Art 103

The TTABlog

JANUARY 2, 2024

No] Section 2(e)(1) - Mere Descriptiveness: REALITY COMPOSER and REALITY CONVERTER Merely Descriptive of Augmented Reality Software, Says TTAB TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out? E-mail subscriptions to the TTABlog are available. Precedential No.

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Registration Designs Design Reporting 70

The TTABlog

OCTOBER 2, 2023

27: TTAB Renders Split Decision in Appeal From Section 2(d) Refusal of IMPACT for Various Healthcare Services TTABlog Test: How Did These Three Recent 2(d) Appeals Turn Out? No] TTABlog Test: How Did These Three Likelihood of Confusion Cases Come Out? No] TTABlog Test: How Did These Three Appeals from Section 2(d) Refusals Turn Out?

Reporting 62

Reporting Trademark Registration Designs 62

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. Here’s wishing all our readers a very happy, safe, and healthy new year! b) Top 10 IP Judgments/Orders (Jurisprudence/Legal Lucidity) and. H Lundbeck A/S v.

IP 143

IP Intellectual Property Copyright Trademark 143

The TTABlog

JANUARY 5, 2022

The TTAB dismissed the Olympic Committee’s opposition to registration of the mark PIERRE DE COUBERTIN for various goods in classes 3, 9, 14, 18, 25, and 28, including perfume, sunglasses, jewelry, luggage, clothing, and sporting goods. A single-color mark on a product design is registrable only upon a showing of acquired distinctiveness.

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Registration Advertising Advertising Music 111

LexBlog IP

OCTOBER 25, 2022

Patent and Trademark Office (“USPTO”) has received more than 170 petitions for expungement and reexamination since it began accepting these new filings late last year. Expungement petitions may be filed between the third and tenth years of registration if a mark is alleged to have never been used in interstate commerce.

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Registration Trademark Reporting Publishing 52

43(B)log

FEBRUARY 24, 2023

JDPI amicus brief was describing how LOC factors were not developed for these kinds of cases. How tightly are they connected and do they reflect same doctrine/different circumstances or something else? We may be teaching a doctrine modeled on commercial activity that doesn’t take up much of the space of the way people use TMs.

Trademark 49

Trademark Branding Brands Branding 49

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. 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. Nataraj, Ms.

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. My presentation, galloping across a bunch of developments. Slides here.

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IP Trademark Advertising Advertising 94

43(B)log

FEBRUARY 23, 2024

Introduction: Rebecca Tushnet What might we derive from things the Court has said about trademark of late? The purpose of trademark is consumer protection; source-identification is the most relevant consideration but not the entirety of TM law. Maybe to this we can add in Dastar. Dinwoodie and Janis taken out of context?

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Trademark Law Branding Brands 45