Kashishipr

DECEMBER 15, 2021

Trademarks indicate the origin of a product. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. A 3D shape cannot be registered as a trademark if the shape: Arises from the inherent nature of the object or goods; Provides a technical function; or.

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Trademark Intellectual Property Registration Designs 105

SpicyIP

DECEMBER 15, 2023

A cropped version of a scanned copy of a US newspaper named ‘The Examiner’ (image from here ) This post is co-authored with Swaraj. Previously, the exams were canceled just a day after they were conducted, owing to unspecified “ irregularities/ technical reasons ”. for appointment to the post.

Patent 59

Patent Higher Education Designs Design 59

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

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

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. Take Coca Cola as an Example.

Branding 52

Branding Brands Branding Copying 52

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

The IPKat

MAY 5, 2023

According to the Trademarks, Patents and Designs Registry , one would receive an acknowledgement of filing of an application immediately upon making/filing an application for trade mark registration. The Tribunal also made an order cancelling the acceptance notice earlier issued to Njemanze. Given the wording of s.22,

Registration 121

Registration Ownership Copyright Trademark 121

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. Its cancellation petition for Zenú has been suspended during this litigation. Industria De Alimentos Zenu S.A.S. Latinfood U.S.

False Advertising 59

False Advertising Advertising Advertising Registration 59

SpicyIP

SEPTEMBER 6, 2021

& Anr passed an interim injunction in favour of the plaintiff restraining the defendants and its associates from using in any manner the trademark RAJDHANI or any other trademark which is deceptively similar to the trademark of the plaintiff [September 1, 2021]. Delhi High Court in Dassault Systems v. Bombay High Court.

Designs 113

Designs Design Inventor Trademark 113

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

IP Tech Blog

MARCH 21, 2022

On January 14, 2022, the China National Intellectual Property Administration (CNIPA) issued the Measures for Fast-Track Examination of Trademark Registration Applications (for Trial Implementation), which took effect on the same day. Trademark Applications Subject to the Measures. Use e-filing.

Trademark 109

Trademark Intellectual Property Intellectual Property Management IP 109

LexBlog IP

JULY 27, 2023

Patent and Trademark Office (“Office”) will accept color drawings in utility patent applications only after granting a petition filed explaining why the color drawings are necessary. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.

Patent Application 52

Patent Application Patent Invention Copying 52

Patent Trademark Blog

MAY 31, 2023

Are competitors copying your products? Would it make sense to send them a trademark infringement letter. Need to enforce your patent and trademark rights, or reply to a cease-and-desist letter? Accordingly, the patent owner or trademark owner becomes the defendant in a DJ action. Should you send a C&D letter?

Cease and Desist 52

Cease and Desist IP Trademark Registration 52

Garrigues Blog

JUNE 1, 2021

Banksy Case: registration of a trademark in bad faith and the price of anonymity. The EUIPO has cancelled street artist Banksy’s trademark for the well-known artwork ‘Flower Bomber” on the grounds that it was filed in bad faith. My product was copied and I haven’t registered it. How do you protect a website?

Blogging 52

Blogging IP Advertising Advertising 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

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

MARCH 21, 2022

On January 14, 2022, the China National Intellectual Property Administration (CNIPA) issued the Measures for Fast-Track Examination of Trademark Registration Applications (for Trial Implementation), which took effect on the same day. Trademark Applications Subject to the Measures. Use e-filing.

Trademark 52

Trademark Intellectual Property Intellectual Property Management Government 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.

Designs 52

Designs Design Trademark Cease and Desist 52

LexBlog IP

JANUARY 11, 2022

There are three distinct trademark symbols you may use is the registered trademark symbol “R” (®) , the small “ TM” ( ) symbol , and the “SM” (℠) symbol. Overview: Which Trademark Symbol Should I Use? Put the ® to the upper right of your trademark. What Are Trademarks?

Trademark 52

Trademark Registering Trademarks Registration Copying 52

Patent Trademark Blog

MARCH 18, 2022

This is where trademarks play a role. Unlike patents, the role of a trademark is not to signify something new, but rather to indicate the source of the product or service. Trademarks can last indefinitely. Unlike patents, trademarks do not necessarily need to be registered in order to be protectable. Is IP time sensitive?

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 52

43(B)log

FEBRUARY 23, 2024

That can have problems, but a whole bunch of marks that are extraordinarily narrow/cast no shadow and are only going to be applied against identical copying doesn’t necessarily create a terrible system, especially under conditions of congestion. 74 have had an outcome: 32 partial cancellation, 42 full cancellation.

Registration 59

Registration Branding Brands Branding 59

IP and Legal Filings

APRIL 24, 2023

The Designs Act, 2000 (“the Act”), is a complete code in itself and protection under it is totally statutory in nature. It protects the visual design of objects that are not purely utilitarian. Designs are registered in different classes as per the Locarno Agreement. These classes are mainly function oriented.

Designs 72

Designs Design Registration Law 72

43(B)log

DECEMBER 28, 2022

Barilla’s Italianate campaign allegedly included websites, a Barilla Historical Archive, a Barilla Pasta Museum, and Barilla Academy, which Plaintiffs allege were “all designed to promote the brand and company’s Italian identity” and “convince consumers that Barilla® brand pastas. Plaintiffs brought the usual California claims.

Branding 59

Branding Brands Branding False Advertising 59

LexBlog IP

DECEMBER 2, 2022

The Trademark Trial and Appeal Board (“TTAB”) found that there was no likelihood of confusion between the “SMOKES & Design” mark owned by Fancy Pants Products, LLC (“Applicant”), generally used in connection with cannabis products, and the “SMOK” mark owned by Shenzhen IVPS Technology Co.

Designs 40

Designs Design Registration Copying 40

LexBlog IP

DECEMBER 3, 2021

In order to utilize The Registry, the brand owner must have a federally-registered trademark that appears on products or packaging. The owner must apply for registration and will need to provide the trademark registration number, product categories, and a list of countries where products are manufactured and distributed. 13, 2021). [2]

Branding 52

Branding Brands Branding Intellectual Property 52

43(B)log

FEBRUARY 19, 2022

At least in its “explicit falsity” prong, though, Rogers tailors potential liability for noncommercial speakers more closely to classic fraud, excluding most noncommercial speech from trademark liability. The answers are yes, no, and sometimes, a list both comprehensive and dismaying. But there are several remaining problems.

Trademark Law 72

Trademark Law Trademark Art Branding 72

IP and Legal Filings

NOVEMBER 1, 2022

Regarding the IPR matters, Cambodia has issued the following legal documents: • Law concerning Marks, Trade Name and Acts of Unfair Competition dated January 8, 2002; • Law on Patents, Utility Model Certificates and Industrial Designs, in force since January 2003; • Law on Copyright and Related Right, in force since March 2003.

Trademark 52

Trademark Service Mark Intellectual Property Registration 52

LexBlog IP

DECEMBER 23, 2021

Earlier this month, certain regulations implementing the Trademark Modernization Act (TMA) went into effect. Per the final rule , the new tools are primarily to clear the “deadwood” – that is, unused registered trademarks – from the Registry and are now available for use.

Trademark 52

Trademark Registration Registering Trademarks Ownership 52

IP Intelligence

DECEMBER 23, 2021

Earlier this month, certain regulations implementing the Trademark Modernization Act (TMA) went into effect. Per the final rule , the new tools are primarily to clear the “deadwood” – that is, unused registered trademarks – from the Registry and are now available for use. The filing fee for each of these proceedings is $400 per class.

Trademark 52

Trademark Registration Registering Trademarks Ownership 52

SpicyIP

SEPTEMBER 11, 2023

Tejaswini writes on this order by the Division Bench and its subsequent acknowledgment by the court, highlighting how this order can correct the practice of granting unfair ex parte ad-interim interim injunctions in Trademark litigation disputes. Preliminary Exams for the Recruitment of Patent and Designs Examiners Cancelled!

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Registration Trademark Copyright Music 105

LexBlog IP

OCTOBER 25, 2023

They also resulted in the Boston Book Festival cancelling its annual One City, One Story event, which had planned to feature The Kindest in 2018. But Lady Gaga is nonetheless a creation: After dropping out, she began transforming herself from Germanotta into Lady Gaga, whose style combined glam rock and over-the-top fashion design.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

43(B)log

AUGUST 18, 2021

29, 2021) This is part of a long-running trademark case, now over 10 years old. One defendant’s principal testified that it “specifically tried very hard to differentiate” its products with a disclaimer expressly disavowing any affiliation with SMRI and a separate color scheme on its tags, which SMRI copied. 2021 WL 1176242, No.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

SpicyIP

NOVEMBER 1, 2021

The Court noted that the plaintiff’s claim concerning the originality of the product had been recanted in a subsequent affidavit filed and thus could not prove that the defendant’s product was a copy of the plaintiff’s product. M/S TRN Corporation granted an ex-parte injunction in favour of the plaintiff in a trademark infringement case.

Intellectual Property 104

Intellectual Property Trademark Registering Trademarks Confidentiality 104

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 19, 2021

However, buried deep within the bill are three important acts that could have far-reaching implications for trademark and copyright owners: the Trademark Modernization (TM) Act, the Copyright Alternative in Small-Claims Enforcement (CASE) Act, and the Protecting Lawful Streaming Act. The Trademark Modernization Act.

Trademark 52

Trademark Copyright Registration Law 52

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

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

In calendar year (CY) 2021, the total number of post-grant petitions in the biopharma space, which we define as petitions involving United States Patent and Trademark Office (USPTO) Technology Center 1600 patents, was 100, which accounted for ~7% of all petitions filed. LG then filed petitions that copied and joined Facebook’s original pair.

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Reporting Art Invention Patent 52

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. Allow PTO to unilaterally cancel marks. Dinwoodie and Janis taken out of context?

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Trademark Law Branding Brands 45