azrights

OCTOBER 27, 2023

Last week’s newsletter How to avoid the biggest brand management mistakes , highlighted that the role of our business name and signs like logos, taglines, characters, or sounds is to enable buyers to recognise that it’s us. The cancellation of Lacoste’s trademark paved the way for Crocodile to register its own crocodile logo in New Zealand.

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Trademark Branding Brands Branding 52

Kashishipr

AUGUST 25, 2021

Several times, we see that luxury brands come up with limited edition products, whether it is cars, watches, cosmetics, chocolates, electronics, etc., Protection for Limited Edition Products under Trademark Law. As a result, Ferrari’s mark was cancelled concerning vehicles due to non-use but remains valid for toy cars.

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Editing Law IP Designs 105

The TTABlog

MAY 7, 2024

Trademark Rule 41(a)(1) provides that "In appropriate cases, ownership of one or more active prior registrations on the Principal Register. Turning to the articles submitted by applicant, the Board pointed out that they deal with collaborations between fashion designers and alcoholic beverage brands. Casagrande).

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Registration Branding Brands Branding 62

LexBlog IP

JANUARY 27, 2022

Trademark Scam Alert: Fraudulent Low-cost trademark design & filing sites. The United States Patent and Trademark Office (USPTO) has announced a number of show-cause orders and exclusion orders issued by the Commissioner for Trademarks. Design Iconix. Design Logo USA. Designing Territory.

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Designs Design Trademark Branding 52

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. I made a logo for Bob’s Burgers for selling burgers on Tailor Brands’ logo maker website.

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Designs Design Trademark Copyright 52

LexBlog IP

DECEMBER 3, 2021

Branding has become more important than ever, particularly in developing an online presence through search engines, various online platforms, and social media. Further, the rise of the “influencer” has opened additional opportunities to deliver brands and products to targeted demographics. Online Marketplace Protection.

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Branding Brands Branding Intellectual Property 52

JD Supra Law

DECEMBER 1, 2021

Fashion brand Thom Browne has taken its trademark battle with Adidas overseas, urging a London court to cancel more than 20 of Adidas’s U.K. trademarks for its three-stripe design. This suit is part of an ongoing dispute between the brands that has spanned the globe for more than three years. By: Arent Fox

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IAM Magazine

DECEMBER 15, 2021

US trademark owners will have fresh options for expunging, re-examining and cancelling trademarks once key provisions of the Trademark Modernisation Act come into effect later this week.

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Trademark Branding Brands Branding 52

IAM Magazine

DECEMBER 15, 2021

US trademark owners will have fresh options for expunging, re-examining and cancelling trademarks once key provisions of the Trademark Modernisation Act come into effect later this week.

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Trademark Branding Brands Branding 52

Kashishipr

DECEMBER 15, 2021

Trademarks indicate the origin of a product. While they commonly consist of a brand name or logo, the shape of a product may also be an indication of its origin. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character.

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The TTABlog

DECEMBER 27, 2021

In an otherwise straightforward Section 2(d) analysis, the Board ruled that confusion is likely between Respondent's registered marks MIRAGE BRANDS (standard form) and MIRAGE BRANDS & Design [BRANDS disclaimed], and Petitioner Mahender Sabhnani's previously used and registered mark ROYAL MIRAGE & Design , all for perfume.

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Branding Brands Branding Registration 52

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. It constitutes, at most, an attempt to take advantage of residual good will in a past iconic brand in connection with services rendered under other brands, such as JERRY’S or EPICURE."

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Branding Brands Branding Advertising 67

Kashishipr

MARCH 2, 2022

What happens after you get your mark registered as a trademark? Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Furthermore, it will also never enforce your trademark rights on your behalf.

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Registering Trademarks Trademark Registration Trademark Law 105

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.

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Intellectual Property False Advertising Designs Design 52

IP and Legal Filings

MARCH 19, 2024

ABSTTRACT The constraints placed on trademark registration, particularly concerning common English words by recent judicial review by Justice C. This article explores real world examples, international perspectives and aims to provide comprehensive understanding of the complexities surrounding trademark restriction.

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Branding Brands Branding Intellectual Property 52

The TTABlog

DECEMBER 5, 2022

The Board sustained an opposition to registration of the mark DANA DESIGN in the form shown below, for backpacks, hiking equipment, tents, and related goods, on the ground that the mark comprises the name of a living individual, Dana Gleason, without his consent and is therefore barred from registration by Section 2(c) of the Trademark Act.

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Designs Design Registration Trademark 48

The IPKat

MAY 12, 2024

The dispute concerned the geographical indication "Salaparuta" for Sicilian wine, which received protection in Italy in 2006, and then was registered as a Protected Designation of Origin (PDO) by the European Commission in 2009. The wine brand had been around since the nineteenth century but changed ownership a few times.

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Registration Branding Brands Branding 67

SpicyIP

FEBRUARY 26, 2024

Last week we published 3 posts on the MHC’s interpretation of Section 3(d) in the Novozymes case, DHC’s referral of 3 questions concerning the jurisdiction of High Courts in trademark rectification matters, and DHC’s decision on infringement of product by process claims. Anything we are missing out on? Legislative Oversight?

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Trademark Copyright Registration Designs 59

43(B)log

DECEMBER 28, 2022

17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. Could “ITALY’S #1 BRAND OF PASTA” mislead reasonable consumers? Barilla America, Inc., 22-cv-03460-DMR (N.D.

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Branding Brands Branding False Advertising 59

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.

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Trademark Branding Brands Branding 85

The TTABlog

JANUARY 4, 2024

By this interlocutory order, the Board unsurprising severed Respondent Gibson's permissive counterclaim that had a minimal relationship to the petitioners' cancellation claim. Gibson Brands, Inc. Gibson Brands, Inc. The petition for cancellation will involve Petitioner Estate's rights and its licensing agreement with PRS.

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Music Registration Licensing Settlement 51

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.

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False Advertising Registration Trademark Registering Trademarks 59

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. Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. Latinfood U.S.

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False Advertising Advertising Advertising Registration 59

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.

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Trademark Registration Branding Brands 52

Corsearch

AUGUST 30, 2023

We’ve put together a comprehensive glossary of trademark terms for both seasoned practitioners and those that are new to the field. Whether you’re interested in trademark screening, searching, clearance, registration, or watching, refer to this glossary of key terms to help you in your day-to-day role.

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Trademark Registration Registering Trademarks Designs 52

The TTABlog

DECEMBER 31, 2021

35: TTAB Grants MIRAGE BRANDS Cancellation Petition Due To Likelihood of Reverse Confusion On Remand from the CAFC, TTAB Denies Petition for Cancellation of "NAKED" Registration for Condoms TTABlog Test: Three Recent Section 2(d) Inter Partes Cases - How Did They Come Out? & Design" for Beer? Yes] Precedential No.

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Cinema Registration Trademark Reporting 67

LexBlog IP

FEBRUARY 16, 2023

On January 13, the China National Intellectual Property Administration (CNIPA) circulated a draft amendment to the PRC Trademark Law for public comment (“TML Draft Amendment”). It includes the addition of 23 new articles, as well as organizational or substantive revisions to 51 articles of the current Trademark Law.

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Trademark Law Trademark Law Registering Trademarks 40

LexBlog IP

NOVEMBER 30, 2023

On November 30, 2023, the United States Patent and Trademark Office (“USPTO”) officially retires their clunky, 90s-era Trademark Electronic Search System (the “Old TESS”). NOTE: “True” may mean a mark is pending or registered, while “false” may mean a mark is either abandoned or canceled.

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Registration Designs Design Trademark 52

IIPRD

SEPTEMBER 17, 2021

The famous brand Lays, during the ICC World Cup 2011 launched 6 new flavors, named after the countries playing the match, India, Sri Lanka, West Indies, Australia, England, and South Africa. COPYRIGHT OR DESIGN. It is possible for a product to fall under both Copyright and Design categories. TRADEMARK.

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Editing IP Artistic Work Designs 52

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. August 30, 2023 - 1 PM: Four Seasons Brands, LLC v. All hearings will be held via video conference except for the third hearing, which will be "In Person." Kenneth Thomas , Opposition No.

Contracts 52

Contracts Registration Designs Design 52

IP and Legal Filings

JULY 28, 2022

The company recently filed 10 applications with the US Patent and Trademark Office for the McDonald’s brand and McCafe. The trademarks are for virtual food and beverage products. The trademark of Mc/Mac has been under the debate all around the globe. The trademark of Mc/Mac has been under the debate all around the globe.

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Trademark Branding Brands Branding 72

The TTABlog

NOVEMBER 28, 2022

The CAFC explained that an entity that is the source of a varietal may use a particular term as a trademark for its specific varietal, but it must be clear that there is also a generic name for the varietal. This notion reflects the Board’s earlier decisions that if the term is used as a designation of source (i.e.,

Trademark 52

Trademark Registration Designs Design 52

LexBlog IP

OCTOBER 13, 2021

De Luca considered whether modifications to the appearance of a trademark went beyond the scope of the registration. The Court also highlighted important factors for brand owners to consider when licensing and refreshing a corporate logo. Trademark Licensing. A trademark license does not need to be written to be valid.

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The TTABlog

SEPTEMBER 7, 2021

The CAFC soundly upheld the TTAB's decision ordering cancellation of a registration for the mark SCHIEDMAYER for pianos [ TTABlogged here ] on the ground of false association under Section 2(a). The end result of the Court’s decision in Arthrex was to create a regime very similar to the trademark statutory scheme in place as of 2019.

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Trademark Registration Intellectual Property Music 98

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.

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IP Copyright Trademark Intellectual Property 124

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.

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Trademark Registration Branding Brands 52

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.

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