IIPRD

JUNE 13, 2024

AI and intellectual property rights (IPR) aren’t just something for the patent and copyright geeks to nerd out on although it is that, it is something that going to have a lot of commercial and social impacts as AI challenges a lot of the ways we function in IPR.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

Technology & Marketing Law Blog

MARCH 5, 2024

The plaintiff paints fish, has a trademark in his name, “DeYoung,” and has registered copyrights. The plaintiff claims that Pixels’ users upload infringing images and refer to them by the trademark DeYoung. Trademark Infringement. Trademark Counterfeiting. eBay and Multi-Time Machine v.

Artwork 100

Artwork Trademark Publishing Marketing 100

The TTABlog

FEBRUARY 22, 2022

“become ordained” or “become a minister,” is strong evidence that Applicant’s consumers will perceive “get ordained” not as a service mark but rather for the commonly understood meaning of the words. Applicant's use of the "TM" symbol does not transform the phrase into a trademark. Text Copyright John L. Welch 2022.

Service Mark 76

Service Mark Advertising Advertising Registration 76

The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. These rules were introduced in the 2021 amendment to Article 1360 of the Civil Code.

IP 132

IP Branding Brands Branding 132

The TTABlog

AUGUST 26, 2022

The Board found that Applicant's specimen of use "does not reflect that consumers of Applicant's services will perceive [either mark] as trademarks indicating. television entertainment services." Text Copyright John L. In re Caracol Televisión S.A. Serial Nos. Velcro, Inc. Clairol, Inc., In re Eagle Crest Inc. ,

Television 62

Television Designs Design Service Mark 62

The TTABlog

OCTOBER 6, 2022

19: TTAB Affirms Section 2(b) Refusals of Orange County "Unofficial" Insignia Section 2(d) - Likelihood of Confusion: TTABlog Test: Is "MOXIE SCRUBS" & Design Confusable with "MOXIE" for Clothing? [No] 13th DuPont Factor Saves Four "GAIA" Marks For Supplements From Section 2(d) Refusal Precedential No. Abandonment: Precedential No.

Service Mark 82

Service Mark Designs Design Ownership 82

IP and Legal Filings

JUNE 14, 2023

Introduction It often happens that a company’s trademark is confused with its brand and on top of that, the brand name or trade name. A trade name often is designated by the term “doing business as,” “trading as,” or “operating as” to make this distinction from the legal name.

Marketing 52

Marketing Marketing Intellectual Property Branding 52

The IPKat

JULY 4, 2021

Kluwer Trademark Blog reported on the application. Recently, Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia have made a collective endeavor to move towards the formation of a regional system dealing with trade marks, service marks and appellations of origin of goods in the Eurasian Economic Union (EAEU).

Blogging 85

Blogging IP Designs Design 85

The TTABlog

MARCH 27, 2024

The Board affirmed a refusal to register the proposed mark WE’RE HERE TO HELP WITH YOUR LEGAL NEEDS! finding that the phrase fails to function as a service mark for "legal services." That opinion had originally been deemed nonprecedential, but at the USPTO's request, the court re-designated it as precedential.

Service Mark 54

Service Mark Registration Trademark Designs 54

The TTABlog

JUNE 11, 2024

The Leathernecks Motorcycle Club was thwarted in its attempt to register the collective membership mark LEATHERNECKS in the design form shown immediately below. Nothing in Section 4 exempts collective membership marks from Section 2(a). Text Copyright John L. In re Leathernecks Motorcycle Club International, Inc.

Registration 51

Registration Service Mark Government Trademark 51

The TTABlog

DECEMBER 18, 2023

While this fact saved Game Plan's Opposition from dismissal for failure to prosecute under Trademark Rule 2.132, it leaves Game Plan with no other evidence to support [its] claims." Without evidence, Game Plan's claim of common law rights was baseless and so the Board considered only its registered service mark rights.

Law 70

Law Registration Service Mark Litigation 70

The TTABlog

DECEMBER 31, 2021

Crowded Field of Third-Party Registrations and Uses Leads to TTAB Reversal of "MATCH STUDIO" Over "MATCH" for Clothing Licensee's Prior Common Law Use Established Priority for "SNORE MD" Mark TTABlog Test: Is "BEDLAM VODKA & Design" for Vodka Confusable With "BEDLAM! & Design" for Beer? Text Copyright John L.

Cinema 67

Cinema Registration Trademark Reporting 67

The TTABlog

OCTOBER 10, 2023

Opposer and applicant agreed in the Asset Purchase Agreement ("APA") that opposer would “maintain sole rights in the designation ‘KME’ for use as a trademark” and that applicant would “eliminate references to ‘KME’” and “cease making use of the trade names and product or service marks of [Opposer] or confusingly similar designations or trademarks.”

Marketing 70

Marketing Marketing Ownership Registration 70

Kashishipr

JULY 27, 2022

In simple terms, it pertains to the original creations of the human intellect, including inventions, symbols, designs, artistic works, literary works, and so on. In M&A, IP promotes the growth and development of the business when companies acquire assets like trade secrets, copyright, patents, etc. Now let us define IPRs.

Intellectual Property 52

Intellectual Property Artistic Work IP Marketing 52

The TTABlog

AUGUST 24, 2022

The Board affirmed refusals to register the product design shown below as a trademark for acupressure mats and pillows, and as a service mark for retail store services featuring those goods, finding that the product shape lacked acquired distinctiveness as a trademark and failed to function as a service mark.

Service Mark 52

Service Mark Designs Design Social Media 52

43(B)log

SEPTEMBER 16, 2021

It has trademark registrations for the word mark “NEO4J.” The parties previously partnered nonexclusively so that PureThink would sell and support the commercial version of Neo4j; upon termination, PureThink expressly agreed to “cease using any trademarks, service marks and other designations of Plaintiffs.”

False Advertising 64

False Advertising Advertising Advertising Licensing 64

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

SEPTEMBER 29, 2022

(I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). The object then is to hear out all sides, and offer some thoughts on the recent clamor around acoustic marks and the questions that they present.

Trademark 52

Trademark Registration Music Intellectual Property 52

The IPKat

MAY 29, 2023

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

43(B)log

OCTOBER 4, 2021

Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were. It argued that defendants copied, but didn’t identify a particular word, name, or symbol, or combination thereof, within the highlighted paragraphs, as the alleged trademark(s).

False Advertising 59

False Advertising Advertising Advertising Contracts 59

The TTABlog

JANUARY 23, 2024

e), the CAFC has re-designated as precedential its opinion in In re GO & Associates, LLC , Appeal No. 14, 2023, re-designated as precedential, January 22, 2024). It pointed out that in Elster there was no issue as to whether the proposed mark TRUMP TOO SMALL functioned as a source identifier. Text Copyright John L.

Designs 62

Designs Design Registration Service Mark 62