IP and Legal Filings

JUNE 14, 2023

When used in a marketing context, the brand has two primary goals: first, to represent the company in public to create maximum awareness and recognition for the organization and its business proposition. The expenses associated with trademark registration pale in comparison to this.

Marketing 52

Marketing Marketing Intellectual Property Branding 52

The TTABlog

MAY 9, 2024

Respondent claimed, however, that petitioner's prior use resulted in "minimal market penetration," asserted that the challenged registration should survive with a carve-out granting rights to Petitioner that are geographically limited to Jellico, Tennessee, and argued laches as an affirmative defense.

Registration 48

Registration Marketing Marketing Settlement 48

Technology & Marketing Law Blog

JULY 9, 2023

The EU IPO denied a trademark registration for the following symbol in various real estate-related classes: The trademark examiner determined that the symbol means “I love you” in American Sign Language (ASL). The post European IP Office Denies Trademark Registration for “I Love You” Emoji ?

Registration 85

Registration Trademark IP Advertising 85

Technology & Marketing Law Blog

JULY 16, 2021

Advertising/E-Commerce. While such social media posts may not have the indicia of a traditional advertisement, there can belittle doubt that these paid posts are in fact advertisements… Today, consumers face waves of advertisements amid a sea of product choices. Robinhood Markets, Inc., Ariix, LLC v.

Advertising 108

Advertising Advertising Contracts Social Media 108

43(B)log

APRIL 26, 2023

The parties compete in the market for skid steer attachments and other products. Creager sells Montana post drivers (made in China) that compete with the Texas post drivers sold by IDT (advertised as made in the USA). The parties had other disputes, including accusing each other of posting false reviews of the other.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

43(B)log

AUGUST 7, 2023

2, 2023) A smoothly written opinion: As the complaint tells it, Paul Mitchell has long marketed its business and its products as “cruelty-free.” Although not all the purchased products appeared in the Chinese import registry, “in its marketing, Paul Mitchell doesn’t just advertise that it sells ‘cruelty-free’ goods.

Marketing 52

Marketing Marketing False Advertising Advertising 52

LexBlog IP

AUGUST 16, 2023

Essential Benefits of Trademark Registration – Part 3 This is the third in a series of posts about the benefits of having your trademark registered. Preserving Distinctiveness At the heart of trademark registration lies the preservation of a brand’s distinctiveness.

Registration 40

Registration Branding Brands Branding 40

43(B)log

FEBRUARY 21, 2024

16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. He posted about the app on social media but didn’t encourage others to do so; he didn’t have a written business or marketing plan before launch, and he did not create investor presentations, solicit investors, or raise capital.

Marketing 59

Marketing Marketing Trademark Branding 59

43(B)log

OCTOBER 11, 2022

Boston Carriage’s principals voluntarily shared their business knowledge with Boston Suburban, including Boston Carriage’s business and marketing strategies and its online presence.” It also allegedly resumed promoting and advertising the domain name “logan-car-service.com” and re-routing visitors to its own website.

False Advertising 83

False Advertising Advertising Advertising Copying 83

Kashishipr

OCTOBER 5, 2022

In the ongoing highly competitive working business environment, the elements of a good advertisement are likely to be copied or imitated by others in the industry. Brands and businesses are now exploring more innovative ways to advertise their offerings, i.e., products or services. In this case, the plaintiff was Bright Lifecare Pvt.

Intellectual Property 52

Intellectual Property Advertising Advertising Branding 52

Intepat

APRIL 10, 2022

Trademark Registration for MSME. It assists in market development, quality, and technology up-gradation. Additionally, trademark registrations for MSMEs are relatively cost-effective, and it is a simple trademark process that can be done online. Registration fee. Every trademark is unique. 4500/- per class.

Registration 52

Registration Trademark Branding Brands 52

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. Consistent Visual Identity Trademark registration solidifies your brand’s visual identity.

Branding 40

Branding Brands Branding Registration 40

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. Establishing Legal Ownership and Exclusivity Trademark registration establishes your legal ownership over a distinctive mark.

Branding 40

Branding Brands Branding Registration 40

The TTABlog

SEPTEMBER 13, 2022

As to applicant's stylized mark, the degree of stylization "is not notable apart from the literal element "hifi," and does not serve to distinguish it from Registrant's Mark." The Board found the services to be overlapping, but what about the marks? How do you think this appeal came out? In re HIFI Brands, LLC , Serial Nos.

Marketing 70

Marketing Marketing Graphic Design Branding 70

43(B)log

OCTOBER 11, 2021

Certified alleged Lanham Act false advertising based on allegations that the Clorox defendants and Avicenna engaged in a scheme to falsely advertise the source of chicken collagen used in dietary supplements sold to retail consumers. But Certified argued that defendants were advertising their producst as 100% sternal chicken cartilage.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

The TTABlog

DECEMBER 29, 2022

The TTAB upheld three refusal to register the proposed mark POSITIVE ONLINE PRESENCE for "Providing marketing consulting in the field of social media." In other word, "[a]n applicant’s failure to address the refusals or requirements in its appeal brief is a basis for affirming an examining attorney’s refusal of registration on those grounds."

Marketing 70

Marketing Marketing Social Media Advertising 70

LexBlog IP

MARCH 30, 2022

There has been an outpouring of concerned citizens the world over who are hoping to help provide assistance, and a number of brands have launched “cause marketing” campaigns aimed at expressing support for the Ukrainian cause and providing financial assistance to those who are displaced. The Bottom Line.

Marketing 52

Marketing Marketing Cease and Desist Branding 52

The IPKat

SEPTEMBER 12, 2022

From time to time, this Kat receives queries from clients in relation to the registrability of slogans as trade marks. Well, NO… but… According to the Collins English Dictionary , a slogan is “ a short phrase that is easy to remember ”, and is “ used in advertisements… who want people to remember what they are saying or selling ”.

Registration 113

Registration Advertising Advertising Reporting 113

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.

Marketing 52

Marketing Marketing Trademark Invention 52

43(B)log

JULY 21, 2023

but also narrows the issues somewhat; the larger infringement, cybersquatting, and false advertising claims can’t be resolved on summary judgment. When it was an authorized Axon distributor, LHB’s owner registered various domain names including taser.org and tasers.org to help it market Tasers online.

False Advertising 52

False Advertising Advertising Advertising Social Media 52

43(B)log

SEPTEMBER 28, 2021

Entrepreneur has 15 federal registrations that include the word “entrepreneur.” Roach, meanwhile, makes frequent use of the phrase “The Unstoppable Entrepreneur” and applied to register the phrase for “Business consultancy; Business marketing consulting services.” Entrepreneur’s opposition remains pending.

False Advertising 45

False Advertising Advertising Advertising Contracts 45

Plagiarism Today

FEBRUARY 23, 2022

” The decision was made by the three-person Copyright Review Board, which was reviewing an earlier denial of registration by the U.S. The lawsuit claims that the song is a valuable licensing asset and notes that it has appeared in several films, TV shows and advertisements. Copyright Office on the work.

Copyright 220

Copyright Copyright Infringement Licensing Marketing 220

The TTABlog

MAY 16, 2023

The Board denied a petition for cancellation of a Supplemental Registration for the mark LITTLE NOTES for address books, greeting cards, calendars, note paper, and the like, rejecting Petitioner Comptime's claim of likelihood of confusion with its alleged common law rights in the same mark for overlapping goods. Comptime, Inc.

Registration 52

Registration Advertising Advertising Copying 52

Technology & Marketing Law Blog

AUGUST 30, 2023

This is a competitive keyword advertising lawsuit. The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising.

Advertising 86

Advertising Advertising False Advertising Trademark 86

The TTABlog

APRIL 18, 2024

Oddly, Opposer pleaded 35 registrations, 27 of which have been cancelled. The Board focused on one of the pleaded, live registrations, as noted above. It submitted website evidencing same, as well as four third-party registrations covering both types of products. Nemiroff Intellectual Property Establishment v. Wellington).

Registration 44

Registration Advertising Advertising Marketing 44

43(B)log

SEPTEMBER 28, 2021

Unsurprisingly, the trademark claims survive a motion to dismiss, but associated false advertising claims don’t. VFB owns several trademark registrations including “Vampire,” specifically for wine and pre-mixed alcoholic beverages other than beer, and “Vampyre,” specifically for spirits.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

The TTABlog

DECEMBER 12, 2022

Applicant sought registration under Section 66(a). As to commercial strength, Wrangler provided worldwide sales and advertising figures, not limited to the marks at issue here, and so the Board "cannot accord the evidence much weight." There was some "look-for" advertising involving the "W" mark. Wrangler Apparel Corp.

Marketing 40

Marketing Marketing Social Media Registration 40

43(B)log

APRIL 15, 2024

It provides farmers, ranchers, and butchers with marketing education and technical assistance; incubates “Meat Collectives” across the country; and educates consumers about responsible meat production and consumption practices. GOOD Meat, Inc., 3d - , 2024 WL 1083462, No. 23-cv-04145-RFL (N.D. Disfavors confusion.

False Advertising 64

False Advertising Advertising Advertising Marketing 64

The TTABlog

APRIL 19, 2024

The Board sustained this opposition to registration of the proposed mark WOOLWAX for "corrosion inhibitors in the nature of a coating; rust preventatives in the nature of a coating" and for "all purpose lubricants," on the ground of mere descriptiveness under Section 2(e)(1).

Advertising 57

Advertising Advertising Registration Marketing 57

The IPKat

JULY 20, 2023

By decision dated June 15, 2023 ( original Romanian version and English machine translation ) the EUIPO rejected the application for registration of a European Union sound trade mark featuring the nursery rhyme “ Johnny Johnny Yes Papa ” on the grounds of lack of distinctiveness.

Registration 40

Registration Music Branding Brands 40

The IPKat

FEBRUARY 17, 2022

In this case, the UK IPO rejected a revocation action on the ground that the proprietor had put its registration to genuine use [decision here , No. sought EU protection for the trade mark shown below (the “ Masters Logo ”) for “ Gin, namely London Dry Gin ” in Class 33 under its International Registration.

Registration 52

Registration Public Domain Marketing Marketing 52

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Maryland: First ever digital advertising tax, on gross receipts. may require disclosures and charitable registration: Draper James teachers giveaway.

Advertising 40

Advertising Advertising Law Privacy 40

Intepat

MAY 28, 2024

The logo, consisting of a stylized apple with a bite taken out of it, is instantly recognizable amongst the consumer base and needs no introductions amongst the market & trade channels. has invested heavily in marketing and brand promotion, making its trademark well-known to consumers. Prior Registration and Use: Apple Inc.

Trademark 52

Trademark Intellectual Property Branding Brands 52

43(B)log

SEPTEMBER 21, 2021

“[R]eferences to classroom locations and physical attendance requirements in Columbia’s syllabi, departmental policies and handbooks, and course registration portal … merely memorialize the pre-pandemic practice; they offered no guarantee that it would continue indefinitely.”

False Advertising 59

False Advertising Contracts Advertising Advertising 59

43(B)log

DECEMBER 16, 2022

False advertising: Plaintiffs alleged that the following statements from Roup’s website bio were false or misleading: “I knew that there was something missing from the boutique fitness community, so I combined my passion for dance and love for fitness to create The Sculpt Society. [Not sure how those could be nonpublic, but ok.]

Marketing 59

Marketing Marketing False Advertising Contracts 59

The IPKat

FEBRUARY 27, 2023

The General Court has recently confirmed with decision T-253/22 the refusal of the application for trade mark registration of the verbal sign “ Sustainability through Quality ”. The examiner rejected the application on 23 rd March 2020. Comment This decision adds to the increasingly relevant debate on greenwashing.

Trademark 132

Trademark Advertising Advertising Marketing 132

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Trademarks perform the following functions- Trademark or logo helps identify the goods and services easily: A trademark serves as a means of identification for a certain brand, corporation, or other entity, allowing it to be clearly distinguished from the other brands on the market. It takes years for them to get registration.

Business 52

Business Trademark Registration Cease and Desist 52