The IPKat

DECEMBER 9, 2021

The General Court rejected an appeal brought by AC Milan (nicknamed also Rossoneri) and considered that the brand characterizing Rossoneri’s emblem could not be registered as an EU trade mark (EUTM) since it would give rise to a likelihood of confusion with the earlier German trade mark ‘Milan’ held by the company InterES.

Branding 94

Branding Brands Branding Registration 94

43(B)log

JANUARY 19, 2024

Most of its current business involves land use issues but does not involve any property management, though it previously managed residential properties for ExxonMobil and multifamily apartment units for the City of Baton Rouge. Rampart Resources was founded in 1989 in Baton Rouge. Its website states: “Property Management is All We Do.”

Advertising 59

Advertising Advertising Branding Brands 59

The TTABlog

OCTOBER 26, 2023

A fancy bit of footwork by Applicant Stratio Automotive yielded a registration for the mark STRATIO & Design for diagnostic apparatus and diagnostic services for land vehicles. Opposer Stratio Big Data claimed a likelihood of confusion with its mark STRATIO for computer software for collecting and analyzing data.

Registration 51

Registration Editing Business Reporting 51

IP and Legal Filings

MAY 24, 2024

The verdict is testimony to a paradigm shift in Trademark Protection and a watershed judgement in navigating the scuffle between the rights of two sections- the commercial rights of ‘business class’ and freedom of expression vested with the ‘artists and creators’. The nine-person jury made two important observations.

Non-Fungible Tokens 79

Non-Fungible Tokens Trademark Art Branding 79

The TTABlog

APRIL 3, 2023

Section 2(a) - Deceptiveness: TTAB Affirms Two Refusals of "ROSE PETALS" for Supplements Not Containing Rose Petals Section 2(d) - Likelihood of Confusion: TTABlog Test: Is EVERWILD For Distilled Spirits Confusable With EVERCLEAR for Alcoholic Beverages? Yes] TTABlog Test: How Did These Three Section 2(d) Oppositions Turn Out?

Registration 70

Registration Designs Design Trademark 70

Corsearch

AUGUST 30, 2023

Glossary A What are absolute grounds? What is acquired distinctiveness? What are additional factors (for pharmaceutical trademarks)? What is application date? What is an application fee? What is application language (EUIPO)? What is an application number? This term is only used in Europe.

Trademark 52

Trademark Registration Registering Trademarks Designs 52

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

” I’ll focus on the false designation of origin claim regarding Troia’s keyword ads. ” I’ll focus on the false designation of origin claim regarding Troia’s keyword ads. ” he purchased keyword ads triggered by “LoanStreet” that displayed excerpts of his posts and linked to them. .”

False Advertising 98

False Advertising Advertising Advertising Trademark 98

IPilogue

DECEMBER 6, 2021

What does the colour red, an in-store family diner, and Zeddy the teddy bear remind you of? What does the colour red, an in-store family diner, and Zeddy the teddy bear remind you of? However, HBC’s registration over its design mark was expunged by the Canadian Intellectual Property Office on September 24, 2020 for failure to renew.

Trademark 111

Trademark Intellectual Property Intellectual Property Law Registration 111

Garrigues Blog

NOVEMBER 30, 2021

The proceeding involved the claim filed by Happy Pills, in what the court called “a borderline case between acts of imitation likely to cause association among consumers pursuant to article 11.2 of the Unfair Competition Law ( UCL ) and acts that generate a likelihood of confusion under article 6 UCL”.

Branding 98

Branding Brands Branding Law 98

The TTABlog

JULY 2, 2021

Section 2(a) - False Suggestion of a Connection: Gilead Science Loses Opposition to GILEAD CAPITAL: No Section 2(d) Likelihood of Confusion and No 2(a) False Connection Section 2(d) - Likelihood of Confusion: TTABlog Test: Is QUARRY VINEYARD Confusable with PEDRERA for Wine? Precedential Nos.

Registration 52

Registration Designs Design Trademark 52

azrights

OCTOBER 27, 2021

They copy business models, and any aspect of a business’ successful branding, be it, by introducing new features, copying its positioning, or even using similar names or brand identifiers. Some will copy blatantly, others are more savvy so will copy what they calculate they can get away with.

Branding 52

Branding Brands Branding Copying 52

The IPKat

SEPTEMBER 3, 2022

In 2020, the board dismissed the appeal in its entirety and found that there was a likelihood of confusion pursuant to Article 8(1)(b). In addition, it also considered that the goods were aimed at consumers with a high level of attention since those goods are intended for business customers with specific professional expertise.

Graphic Design 52

Graphic Design Designs Design Registration 52

Technology & Marketing Law Blog

AUGUST 17, 2021

The ads “are designed to display generic terms that consumers might associate with any personal injury firm.” It says that the Fifth Circuit has never addressed initial interest confusion in the context of keyword ads. ” Adler sued for trademark and related claims. The district court dismissed Adler’s complaint.

Advertising 105

Advertising Advertising Trademark Settlement 105

Garrigues Blog

MAY 25, 2022

of Unfair Competition Law 3/1911 (UCL) freely allows the imitation of third parties’ business offerings as a general principle. patents, trademarks, designs, original works), and if applicable, it must be assessed whether the unfair competition rules apply secondarily. This is precisely the subject of the debate in judgment no.

Law 52

Law Marketing Marketing Business 52

43(B)log

FEBRUARY 25, 2023

You can get a sense for what the use of the putative mark was like at first use, if your data are rich enough. You can get a sense for what the use of the putative mark was like at first use, if your data are rich enough. Skeptical that it could help w/confusion though. What about ChatGPT? Brain scans for consumers?

Trademark 72

Trademark Marketing Marketing Advertising 72

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Defendant has also used Plaintiffs’ trademarks “Seeking Millionaire,” “Seeking Arrangement,” “Whats Your Price,” “Carrot Dating,” and “Seeking” as search terms in the Apple Appstore and Google Play Store to yield LuxyApp as a search result. Actual confusion. Check your calendar. Yes, it’s 2021. Competitive proximity.

Advertising 99

Advertising Advertising Trademark Settlement 99

Patently-O

JANUARY 12, 2023

The Patent Eligibility Restoration Act of 2022 (PERA), introduced by Senator Thom Tillis (R-NC) in August 2022, is designed, among other things, to abrogate the Supreme Court’s patent eligibility decisions in Bilski , Mayo , Myriad and Alice. I have previously discussed these concerns here. When Patents Held Up Pathogen Research.

Business 90

Business Patent Technology Marketing 90

43(B)log

JULY 20, 2022

15, 2022) The parties in this case are former business associates, which is one reason there are so many different claims. Though the parties went forward, “they never signed a formal written document memorializing and defining the nature of their business relationship.” There’s no written agreement” will do it.] 1” therein.

False Advertising 72

False Advertising Ownership Registration Designs 72

The IPKat

MARCH 24, 2024

Here’s what Hans writes: Horological IP and the customization of watches by Hans Eriksson The world of high-end watchmaking is a good case study for the importance of intellectual property (IP) rights. Brands like Rolex, Patek Philippe and Audemars Piguet hold rich trade mark and design portfolios and enforce their rights vigorously.

IP 70

IP Marketing Marketing Reporting 70

LexBlog IP

FEBRUARY 16, 2022

The Hermes lawsuit raises all sorts of questions for brand owners, artists, and truthfully almost any business owner as to the intellectual property rights in emerging technology, whether it is the metaverse, NFTs, or other expressive mediums that have not yet been conceived. Grimaldi , 875 F.2d 2d 994 (2d Cir.

Art 52

Art Non-Fungible Tokens Intellectual Property Ownership 52

Patent Trademark Blog

JUNE 8, 2023

What are the signs that you need a new patent lawyer? What are some excuses that do not justify changing your patent lawyer? What are some excuses that do not justify changing your patent lawyer? Has your patent attorney advised you of options to expedite your design patent or speed up your utility patent ?

Patent 52

Patent Patent Application Cease and Desist Trademark 52

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. With that basic structure, let’s review them and sort out some of the confusing aspects of each. We’ll get back to these statements later.).

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

43(B)log

FEBRUARY 19, 2022

Sari Mazzurco, The Law of Social Roles for the Platform Internet Law’s expressive function: how law tells people what social roles various institutions are supposed to carry out. Social roles are fundamental: shorthand that help us understand what behavior is appropriate or inappropriate based on relationship context.

Law 119

Law Branding Brands Branding 119

Kashishipr

JULY 13, 2022

Undoubtedly, both technologies bring a complete set of novel Intellectual Property (IP) issues for business companies, brands, individuals, courts, and IP practitioners. The digital features could be anything perceived by the five senses, i.e., vision, smell, taste, sound, or touch. It is the primary technology of the metaverse.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

Technology & Marketing Law Blog

JULY 17, 2023

Involving a dispute between two former business partners, both doing business in more than one country with the same trademarks, the Court reversed the Tenth Circuit and remanded the case for a determination of whether the accused acts satisfied the “use in commerce” requirement. Hetronic International Inc. , In Yegiazaryan v.

Trademark 70

Trademark Blogging Litigation Law 70

IP and Legal Filings

OCTOBER 30, 2023

Introduction With Margot Robbie lighting up our screens in what is arguably the movie of the year, it is the summer of Barbie again; just like it has been, every summer, since her introduction in 1959. Rather, they exhibit a deliberate and strategic attitude, concentrating on the business’s most commercially relevant endeavours.

Trademark 85

Trademark Branding Brands Branding 85

43(B)log

OCTOBER 4, 2021

This was not a case of progressive encroachment, which only starts the laches clock when “the likelihood of confusion looms large.” “[T]hat rule is just a reminder that not every use of a rival’s trademark violates the Lanham Act. The use must also cause confusion.” Thus, the statute of limitations barred the state law claims.

False Advertising 69

False Advertising Advertising Advertising Trademark 69

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. With that basic structure, let’s review them and sort out some of the confusing aspects of each. We’ll get back to these statements later.).

Intellectual Property 52

Intellectual Property IP Invention Designs 52

43(B)log

JULY 21, 2023

19, 2023) In what seems likely a missed opportunity due to insufficient investment in the defense, the court grants summary judgment against an argument that “Taser” is generic (quick quiz before reading further: what is the generic name for a Taser device?) Likely confusion: Obviously, this is a nominative use.

False Advertising 52

False Advertising Advertising Advertising Social Media 52

IIPRD

MARCH 9, 2022

The definition covers, “any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, is liable.” [1].

Trademark 40

Trademark Branding Brands Branding 40

43(B)log

AUGUST 11, 2021

Matt Sag: What looks like an increase over time may be an artifact of the way cases became available on WL post-2002 or so. Matt Sag: What looks like an increase over time may be an artifact of the way cases became available on WL post-2002 or so. Asay, An Empirical Study of Copyright Law’s Substantial Similarity Test 1005 cases found.

Trademark 72

Trademark Copyright Branding Brands 72

Technology & Marketing Law Blog

MARCH 10, 2022

As alleged in the complaint, plaintiffs operated a bakery known as “La Baguette,” and hired defendants to manage aspects of the business. Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. It had approximately 4,000 followers.

Social Media 80

Social Media Contracts Ownership Business 80

Intepat

MAY 24, 2023

What is the Madrid System? Since then, the Madrid System has expanded and evolved to meet ever-changing business needs. Administered by the World Intellectual Property Organization (WIPO), the UN-specialized agency based in Geneva, the Madrid System has helped businesses register and protect over a million marks worldwide.

Registration 52

Registration Trademark Intellectual Property Reporting 52

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

While this may sound a little wacky, it makes sense that Section 230 was designed to ensure that Internet services only need to comply with a single national standard as much as possible. In fact, Internet publicity rights/230 cases are a jurisprudential disaster (check out some confused rulings in this category ). About the Case.

Intellectual Property 134

Intellectual Property Trademark Marketing Marketing 134

43(B)log

AUGUST 19, 2021

Zamfir alleged that the resulting confusion harmed his reputation, made it more difficult to market the genuine products of his research, and gave the false impression that his research is being financed by a relationship with CasperLabs, which made it harder for him to secure sponsorship. CasperLabs, LLC, 2021 WL 1164985, No.

Registration 72

Registration Social Media Trademark Registering Trademarks 72

LexBlog IP

FEBRUARY 1, 2023

Lots of people are talking about ChatGPT. Some are fueling the terror by comparing ChatGPT’s release to the unleashing of the Kraken. ” While, for some, the release of ChatGPT seems accompanied by a dramatic feel, my experience with ChatGPT started with a much more sitcom feel but had an admittedly surprising ending.

Trademark 52

Trademark Intellectual Property Branding Brands 52

JIPEL Copyright Blog

MARCH 16, 2022

The most recent of them is the metaverse, and similar to what has happened to other parallel realities such as video games and social media, the metaverse is being invaded by fashion brands. Therefore, it is essential for anyone interested in the business of trademarks to pay close attention to the following first cases on the matter.

Trademark 40

Trademark Non-Fungible Tokens Branding Brands 40