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Indy’s Dive into Legal Waters: FullBeauty Brands, Inc. Faces Trademark Lawsuit over Swimwear

Indiana Intellectual Property Law

The lawsuit alleges that certain swimsuits marketed by FullBeauty Brands and affiliated entities bear a striking resemblance to designs owned by competitors. Global Trademarks, operating under the umbrella of Swim USA , claims ownership of swimwear designs and brands like MIRACLESUIT ® and SWIM SOLUTIONS ®. Continue reading

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TTAB Affirms Section 2(e)(5) Functionality Refusal of Holster Configuration

The TTABlog

Once again, the existence of a patent established the functional benefits of the design: it "enables the user to secure the holster within the waistband, and the gun within the holster, with minimal bulkiness and weight and with maximum comfort." indicates that the design is not de jure functional.

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TTAB Reverses Functionality Refusal of Rocking Chair Design But Finds Acquired Distinctiveness Lacking

The TTABlog

Applying the Morton-Norwich factors, and giving some weight to applicant's design patents, the Board concluded that the USPTO failed to make a prima facie case of functionality. There were no utility patents of record, nor any evidence showing that JBL touted any utilitarian advantages of this product design.

Designs 52
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Recent IP Tweets

LexBlog IP

Recommended Reading: Germain and Sitler, “The Constitution Commandeth: Thou Shalt Not Protect the Same Subject Matter Under Design Patent and Trade Dress Laws” [link] pic.twitter.com/JCpHwspoIH. —D938,144, for a design for a “Shoe”: [link] #DesignPatents pic.twitter.com/XWsAwvLqHH.

IP 52
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Whoa! Cannabis Company Lawsuit Lights Up the Benefits of Creative IP Protection

LexBlog IP

Federal trademark registration is typically unavailable for goods and services related to the sale of cannabis. The Holding Company, LLC, having the appropriate abbreviation “THC,” alleges ownership of intellectual property in a “lifestyle brand” that has “gained traction with young consumers.

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IP Protection of NFTs: A Comparative Look at the US and China

IP Tech Blog

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. It covers architectural design, software, graphic arts, motions pictures, sound recordings, and more, and it is adaptive to new technological advances that would likely apply to NFTs.

IP 109
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Precedential No. 34: "IFG" Fails to Function as a Trademark For Live Plants Because It's a Varietal Name

The TTABlog

This notion reflects the Board’s earlier decisions that if the term is used as a designation of source (i.e., a trademark) and there is a different varietal designation, the term may be registrable." Applicant could have chosen a designation other than IFG to associate as a brand name and file for trademark protection.