Patent Trademark Blog

APRIL 21, 2022

What is the design patent infringement test? The test for design patent infringement involves a visual comparison between the patented design and the accused product. What seems so hard about looking at two designs and determining whether appear substantially similar to an ordinary observer?

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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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LexBlog IP

DECEMBER 21, 2023

15, 2023) , the Federal Circuit vacated a jury verdict of non-infringement in a design-patent infringement action filed by Columbia Sportswear against Seirus Innovative Accessories. Design Patent No. gloves) have a wavy pattern with the “Seirus” logo throughout the design. Background Columbia asserted U.S.

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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

IP and Legal Filings

AUGUST 4, 2021

Innovative Cosmetic Concept filed for international registration of the word INCOCO and designated European Union for the registration in January 2014. The Board of Appeal concluded that the similarity was not the major one where just the average degree of similarity was not sufficient to prove the likelihood of confusion.

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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. Sometimes, AR and VR are used in overlapping ways; however, the two terms present unique and different issues in the IP world.

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The IPKat

DECEMBER 9, 2021

Katfriend Federica Combariati (TM IP Counsel at Assa Abloy) discusses a recent decision relating to AC Milan’s attempt to extend its international trade mark registration for its club logo to the territory of the European Union. A German based company, very prolific in such business area, has already registered the name "Milan".

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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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The IPKat

OCTOBER 31, 2023

What did the cheese say to itself in the mirror? The Opposition was grounded on Article 8(1)(b) of the EU Trade Mark Regulation 2017/0001 (EUTMR) - i.e. that identical or similar marks should not be registered for identical or similar goods and services where there exists a likelihood of confusion. halloumi ’.

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The IP Law Blog

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.

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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.

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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. .”

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Intepat

AUGUST 31, 2022

Before trying to get a trademark registered we first need to understand what can be registered as a trademark and what are the possible grounds on which the registration can be refused. According to Section 9 (2)(a), a trademark cannot be registered if it is of such nature so as to deceive the public or cause confusion.

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Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic. 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. That’s understandable.

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Intellectual Property IP Invention Designs 52

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.

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Trademark Registration Registering Trademarks Designs 52

IP and Legal Filings

MAY 24, 2024

This means that others cannot use the same or similar mark in a way that may cause confusion among consumers. Firstly, the premise of the Hermès-favoured verdict was the similarity between its bags and Rothschild’s NFTs and the ability of the latter to cause confusion among the buyers.

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43(B)log

DECEMBER 23, 2021

FireBlok IP Holdings, LLC v. This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis. Hilti claimed that it didn’t design the label, but that defendant RectorSeal did the final design. Hilti, Inc., 2021 WL 6049964, No. 3:19-cv-50122 (N.D.

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The IP Law Blog

JULY 14, 2022

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. But is it really that big of a deal? In my humble opinion, it is not. This tradition is longstanding and goes far beyond football.

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LexBlog IP

JANUARY 25, 2024

In those instances, a traditional likelihood of confusion or dilution analysis is required. It reiterated that where artistic expression is at issue, “the traditional [likelihood of confusion] test fails to account for the full weight of the public’s interest in free expression.” AJ Press, Inc. ,

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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.

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IP and Legal Filings

SEPTEMBER 27, 2021

Mostly the subject matter generally revolves around the prime question of the likelihood of confusion between the marks. The dispute mostly revolves around such likelihood where the court delves into the comparison of marks involved. The dispute concerning trademarks is much common. Image Source:gettyimages].

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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.

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Branding Brands Branding Trademark 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.

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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.

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IP Intelligence

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.

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Trademark Fair Use Designs Design 52

azrights

OCTOBER 27, 2021

Some will copy blatantly, others are more savvy so will copy what they calculate they can get away with. People’s sense of what is unethical and unfair copying is often out of line with the law’s approach to regulating competition. Essentially this is the role of brand codes – to uniquely identify your brand so there is no confusion.

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Branding Brands Branding Copying 52

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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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.

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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.

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Branding Brands Branding Trademark 52

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.

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LexBlog IP

MARCH 24, 2023

The justices had a bit of fun—and even laughed at points when hypotheticals highlighted the absurdity of what consumers might encounter in today’s online marketplace—but at the end of the day, raised very serious questions about the proper reach of the federal Lanham Act. consumers will become confused. and abroad.

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LexBlog IP

APRIL 12, 2023

Intellectual property law is all the more a refuge for wordsmiths , linguists , and logophiles , as three recent IP-related matters can help illustrate. trademarks, extraterritorially to Abitron Austria GmbH’s foreign sales, including purely foreign sales that never reached the United States or confused U.S.

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The IPKat

JULY 17, 2023

The IPKat is pleased to host the following guest post by Katfriend Alessandro Cerri regarding the US Supreme Court’s decision in the Jack Daniel’s v VIP IP dispute. Only if either of these limbs apply will the court proceed to an assessment of likelihood of confusion, as is the ordinary course for trademark infringement actions.

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Patent Trademark Blog

APRIL 7, 2022

What may have been unimaginable years ago has become a genuine concern for trademark owners who care about the virtual world. Are we dealing with a word mark or design mark ? What are examples of virtual goods that can be trademarked? Everyone is trying to grab as much IP as they can in the virtual Wild West.

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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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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 ?

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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.

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Intellectual Property Law Intellectual Property Designs Design 52