IP and Legal Filings

JULY 30, 2021

Taiwan publishes its latest draft amendment to the Trademark Act earlier in 2021. With the latest amendments being published, it is expected that within two years, the draft amendment will be finalized resulting in the publication of the new Trademark Act. Image Source: Taiwan]. A few of the major changes can be enumerated below.

Trademark 52

Trademark IP Intellectual Property Technology 52

The TTABlog

JANUARY 28, 2022

The Trademark Trial and Appeal Board (Tee-Tee-?-Bee) Cancellation No. Cancellation No. February 8, 2022 - 1 PM: In re SC Licensing, LLC , Serial No. CeramTec GmbH , Cancellations Nos. Cancellation No. Cancellation No. Bee) has scheduled ten (10) oral hearings for the month of February 2022.

Registration 73

Registration Designs Design Law 73

SpicyIP

JUNE 28, 2021

We are pleased to bring you a guest post from Rounak Doshi, discussing the position of law on arbitrability of trademark disputes in light of Delhi High Court’s recent decision in Golden Tobie Private Ltd. In this post, I will be assessing the law applicable in relation to the arbitrability of disputes concerning trademarks.

Trademark 96

Trademark Law Licensing Registration 96

The TTABlog

APRIL 21, 2023

The Board granted a petition for cancellation of a registration for the mark ULTRA SUN for "[c]osmetic sunscreen preparations; sunscreen creams; water resistant sunscreen, sunscreen preparations," finding that the mark was not in use as of the deadline for filing Respondent Sun Precautions' statement of use in the underlying application.

Registration 40

Registration Trademark Copying Licensing 40

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 143

IP Intellectual Property Copyright Trademark 143

Indiana Intellectual Property Law

AUGUST 18, 2021

Wayne, Indiana – Phoenix Intangibles Holding Company apparently licenses the getGo® trademark to Giant Eagle, Inc. Plaintiffs have also apparently filed a Petition for Cancellation of the Infringing Marks with the U.S. Plaintiffs have also apparently filed a Petition for Cancellation of the Infringing Marks with the U.S.

Trademark 52

Trademark Service Mark Registration Advertising 52

SpicyIP

DECEMBER 17, 2023

He is interested in IP law, and commercial and criminal litigation. Digging Past the Recent Re-Notification of the Exams Following the cancellation of the preliminary exams conducted by the QCI, the recruitment of 553 patent examiners has been re-notified, this time with the assistance of NTA. Sidhi is a final year B.A. M/S Loreal S.A

IP 59

IP Trademark Advertising Advertising 59

The TTABlog

AUGUST 15, 2022

In an exhaustive and exhausting opinion, the Board granted petitions to cancel two registration for the mark OLD SCHOOL for various clothing items, on the ground of abandonment. The Board found that the registrant, despite claiming attempts to sell or license the mark, had discontinued use of the mark with an intent not to resume use.

Registration 52

Registration Cease and Desist Branding Brands 52

IP and Legal Filings

MAY 17, 2022

Trademark in Bahrain. ?????????A A trademark is a sign or form used to distinguish the goods, products, or services of one establishment from those of other establishments. In addition, a mark of sound or smell can be considered a trademark. This being an important part makes the brand owner avoid any further litigation.

Registration 52

Registration Trademark Trademark Law Publishing 52

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

SEPTEMBER 25, 2023

On one hand, they can lead to an amicable settlement between the parties and prevent lengthy litigations. Image from here Kia Wang vs The Registrar of Trademarks & Anr. Some Perspectives Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? What’s the best way forward?

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

The IPKat

JANUARY 9, 2022

Christian Thomas (Kuhnen & Wacker), discussed issues such as (1) changes to the Chinese trademark system, including changes to the review of bad faith applications; (2) registrability of and search tools for multimedia and non-traditional marks across jurisdictions; (3) the U.S. Peter Spies (DTL Ltd.),

Reporting 57

Reporting Law IP Patent 57

The TTABlog

JULY 20, 2021

The United States District Court for the Northern District of Georgia granted Defendant HMW's motion to stay Primerica's civil action pending resolution of a TTAB cancellation proceeding involving the mark HOW MONEY WORKS for financial services. Collegiate Licensing Co. of Reading, Pa. , 2d 1360, 1369 (N.D.

Licensing 52

Licensing Litigation Trademark Copyright 52

43(B)log

FEBRUARY 23, 2024

Leading case on distinctiveness, where Australian High Court lowered the distinctiveness bar—until it reached the high court, it was being litigated by a construction partner. So in litigation, no one says “the Office has done this 20 times before.” 74 have had an outcome: 32 partial cancellation, 42 full cancellation.

Registration 59

Registration Branding Brands Branding 59

SpicyIP

DECEMBER 12, 2022

Calcutta High Court allowed an application for rectification directing the Trademarks Registrar to cancel the registration granted to and remove the impugned mark ‘Neemyle’. The Court relied on termination of the license agreement between the parties to hold that the Defendant has no right to use the deceptively similar mark.

Copyright Infringement 105

Copyright Infringement Settlement Registration Trademark 105

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

LexBlog IP

JUNE 22, 2023

The PREVAIL ACT is a collection of pro-litigation/anti-Tech proposals that would do far more harm to the U.S. In my opinion, if anything, this would just make claim cancellation more likely, not less. As the accompanying materials to the PREVAIL ACT highlight, 85% of IPRs have standing as already being in litigation.

Settlement 52

Settlement Litigation Patent Art 52

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. As a result, SuperFarm cancelled the auction. [5]

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

43(B)log

FEBRUARY 24, 2024

There probably aren’t other major complications than fair use for © screening, though they can also miss licensed uses; but it’s much harder for TM to determine infringement. Crystals and mud story about this: in many to many, an attractive case for more crystalline, bright line, formalist rules for cancelling registrations.

Fair Use 45

Fair Use Branding Brands Branding 45

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. What you’re seeing is cross-licensing/branding.

Trademark 45

Trademark Law Branding Brands 45

43(B)log

FEBRUARY 24, 2023

Discussants: Dev Gangjee: If even what counts as an indication of source has changed so much, must wonder where TM is going b/c of franchises, contractual arrangements and licensing—the whole guarantee of quality story just doesn’t make sense any more. Relates to questions like “trademark spaces” and linguistics in TM.

Trademark 49

Trademark Branding Brands Branding 49

LexBlog IP

JANUARY 5, 2022

Seeing no immediate litigation alternative, I called for “common sense Congressional legislation to make States directly liable for damages for copyright infringement,” because I felt it unfair that, after Allen , copyright owners “would find themselves defenseless from state-sponsored copyright piracy.”

Intellectual Property 52

Intellectual Property Government Invention Copyright 52