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

The IP Law Blog

JULY 14, 2022

Ohio State University recently made Intellectual Property headlines by managing to procure a trademark registration for the word THE. So, for at least 36 years, Ohio State has been utilizing the word THE with emphasis in a manner that has arguably turned the article into a designation of origin/source for the university.

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Trademark Registration Intellectual Property Television 97

LexBlog IP

JULY 26, 2023

Supreme Court recently decided that, when using another’s trademark “as a designation of source for the infringer’s own goods,” one is not entitled to a First Amendment defense even if the use is a parody. VIP Products LLC , handed down June 8, 2023, unanimously overturned the U.S. Ninth Circuit Court of Appeals.

Trademark 52

Trademark Branding Brands Branding 52

IPilogue

DECEMBER 6, 2021

Eloise Somera is a 3L JD Candidate at Osgoode Hall Law School , enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. What does the colour red, an in-store family diner, and Zeddy the teddy bear remind you of? The Zellers Trademark: Then and Now. is contravening s.

Trademark 111

Trademark Intellectual Property Intellectual Property Law Registration 111

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

LexBlog IP

JULY 7, 2022

In May, skater shoe company, Vans, persuaded a district court judge in NY to halt the pre-sale of a pair of shoes called Wavy Baby, the result of a collaboration of rapper Tyga and MSCHF, a Brooklyn-based design studio that was previously sued by Nike over its Satan Shoe collaboration with NasX. The case is Vans, Inc.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Designs Design 52

The IPKat

FEBRUARY 6, 2022

Take this opportunity not only to renew your energies but also to check what has been going on around the IP blogs. Designs Marques Class 99 reported on the UKIPO's recently launched call for views on the design system. February is finally here, Mercury retrograde is over and we can finally breathe lightly!

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Blogging IP Designs Design 78

LexBlog IP

JANUARY 25, 2024

Last year, the Supreme Court limited application of the Rogers test in Jack Daniel’s Properties, Inc. In those instances, a traditional likelihood of confusion or dilution analysis is required. AJ Press, Inc. , focused news publications was protected expression and not explicitly misleading.

Trademark 40

Trademark Designs Design Branding 40

LexBlog IP

APRIL 11, 2023

But it could also lead to confusion in the aisles of Pennsylvania’s liquor stores. Because various types of alcohol goods are available in various types of stores, this often leads to consumers making trips to multiple different stores depending on what type of alcohol they want to buy.

Branding 52

Branding Brands Branding Trademark 52

LexBlog IP

JULY 14, 2022

Ohio State University recently made Intellectual Property headlines by managing to procure a trademark registration for the word THE. So, for at least 36 years, Ohio State has been utilizing the word THE with emphasis in a manner that has arguably turned the article into a designation of origin/source for the university.

Trademark 52

Trademark Registration Intellectual Property Television 52

The IPKat

DECEMBER 5, 2021

While looking for a suitable present for your fellow co-workers or distant relatives, take a moment to check what happened on the other IP blogs last week. December is finally here and now part of our focus (and mostly our fears) have shifted to Secret Santa gifts.

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Blogging IP Intellectual Property Publishing 67

LexBlog IP

JUNE 15, 2023

When artistic expression is at issue, however, the general likelihood-of-confusion test fails to account for the full weight of the public’s interest in free expression. Grimaldi , 875 F.2d 2d 994 (2d Cir. Where applicable, the Rogers test is a powerful defense against claims of trademark infringement and dilution.

Trademark 52

Trademark Fair Use Designs Design 52

LexBlog IP

MARCH 28, 2023

Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, or instead receives heightened First Amendment protection from trademark infringement claims. She continued: “Parodies can be confusing. If so, you should not have a dog.

Branding 52

Branding Brands Branding Trademark 52

LexBlog IP

MARCH 28, 2023

Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, or instead receives heightened First Amendment protection from trademark infringement claims. ” She continued: “Parodies can be confusing.

Branding 52

Branding Brands Branding Trademark 52

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. Horology is however a market steeped in history with its own unwritten rules and customs. Journe, Vacheron Constantin or A.

IP 70

IP Marketing Marketing Reporting 70

The IPKat

OCTOBER 9, 2023

The Supreme Court found that the shape of the mounting device created a likelihood of confusion. The ring-shaped device is for mounting the original Audi logo. A similar case has been brought before a Polish court, which had doubts whether Audi’s trade mark is infringed. Background Audi owns EU trade mark no. 14(1)(c) EUTMR.

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Art Trademark Designs Design 130

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

Kashishipr

MARCH 2, 2022

What happens after you get your mark registered as a trademark? It is the likelihood of confusion that leads to trademark infringement instances. Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

Intepat

MAY 24, 2023

What is the Madrid System? 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. What is a Provisional Refusal under the Madrid System?

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Registration Trademark Intellectual Property Reporting 52

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. This transformation has elevated Barbie to the status of a widely recognized cultural icon.

Trademark 86

Trademark Branding Brands Branding 86

43(B)log

JULY 20, 2022

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. There’s no written agreement” will do it.] 1” therein.

False Advertising 72

False Advertising Ownership Registration Designs 72

LexBlog IP

AUGUST 10, 2022

In a non-precedential decision, the TTAB held that use of the word and stylized mark EL RANCHERO for “food products made of corn, namely, corn chips, tortillas and tostadas” were confusingly similar to the word and design marks RANCHERO for “cream” and “Mexican style sausages, namely chorizo and bolita.”

Social Media 40

Social Media Designs Design Registration 40

LexBlog IP

NOVEMBER 30, 2023

As you can see, the only real difference between the two is that “Expert Mode” includes “ Design code” and “ Design description.” As you can see, the only real difference between the two is that “Expert Mode” includes “ Design code” and “ Design description.”

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Registration Designs Design Trademark 52

LexBlog IP

JULY 5, 2023

if] such use is likely to cause confusion.” Hetronic argued that the goal of the Lanham Act is to avoid consumer confusion or mistake, and so long as consumer confusion is likely to occur in the U.S., The case is Abitron Austria GmbH v. Hetronic International, Inc. and abroad. customers, a mere $240,000.

Trademark 52

Trademark Marketing Marketing Contracts 52

Garrigues Blog

OCTOBER 11, 2022

This is why a GI usually includes the designation of the place of origin. An EU proposal for a regulation could help protect craft products and the qualities attributed to specific local skills and traditions. Talavera pottery, Elche footwear and Albacete knives are undoubtedly well-known the world over.

Registration 52

Registration Marketing Marketing Designs 52

azrights

JUNE 15, 2022

Match established to the satisfaction of the High Court that Muzmatch, which used “match” and “Tinder” in its website metadata as well as in keyword tags such as “match-muslim” and “uk-muslim-match” to drive internet traffic to its platform was likely confusing consumers to believe the links refer to the Match Group.

Business 93

Business Branding Brands Branding 93

LexBlog IP

DECEMBER 14, 2022

how disputes regarding whether goods meet the standards will be decided. how disputes regarding whether goods meet the standards will be decided. how disputes regarding whether goods meet the standards will be decided. Parmesan or Parmigiano Reggiano?

Registration 52

Registration Branding Brands Branding 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

IP Whiteboard

OCTOBER 15, 2020

Countries and organisations around the world are paying greater attention to the intersection of artificial intelligence ( AI ) and intellectual property ( IP ). The UK Intellectual Property Office ( UK IPO ) recently put out a call for views on the implications of AI for IP policy and conversely, the impact of IP on AI.

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IP Intellectual Property Invention Copyright 40

SpicyIP

FEBRUARY 13, 2023

After another busy week here at SpicyIP, here are the quick summaries of the 5 blogposts that were put up, along with 15 case summaries and other national and international IP developments for you. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them!

Designs 52

Designs Design Trademark Cease and Desist 52

LexBlog IP

JULY 10, 2023

The defendant below originally operated as a licensed distributor for these products, but later concluded that it held the rights to much of the plaintiff’s intellectual property, including the black and yellow marks on the products at issue. foreign sales of products for which foreign buyers designated the U.S.

Intellectual Property 40

Intellectual Property Trademark Trademark Law Law 40

IP Tech Blog

JULY 10, 2023

The defendant below originally operated as a licensed distributor for these products, but later concluded that it held the rights to much of the plaintiff’s intellectual property, including the black and yellow marks on the products at issue. foreign sales of products for which foreign buyers designated the U.S.

Trademark 40

Trademark Intellectual Property Trademark Law Law 40

The IPKat

JANUARY 9, 2022

Back in October, University of Illinois Chicago School of Law’s Center for Intellectual Property (“IP”), Information, and Privacy Law organized and virtually hosted its International IP Practice Seminar. Adam Ernette (UIC) reports on the seminar. Lisa Jorgenson, spoke at the Seminar’s featured session. The buzzword for Ms.

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Reporting Law IP Patent 57

LexBlog IP

APRIL 27, 2022

In fact, due to their unique nature, the USPTO is less likely to Office Action for Likelihood of Confusion for a fanciful trademark. As a refresher, a trademark is a word, design, or phrase that serves as a source identifier that distinguishes your goods and/or services from others. Related: What Are Trademarks.

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Trademark Branding Brands Branding 52

LexBlog IP

NOVEMBER 29, 2022

Sections 32(1)(a) and 43(a)(1)(A) of the Lanham Act impose civil liability on any person who “use[s] in commerce” a trademark in a manner that “is likely to cause confusion, or to cause mistake, or to deceive.” ” 15 U.S.C. 1114(1)(a); 15 U.S.C. 1125(a)(1). § 1121(a). Abitron Austria GmbH v. 21-1043 (Nov.

Trademark 52

Trademark Law Branding Brands 52

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.

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Business Patent Technology Marketing 89

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.

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Designs Design Registration Copying 40