LexBlog IP

OCTOBER 20, 2023

On Wednesday, a divided panel of the Federal Circuit issued a precedential decision reversing the USPTO’s cancellation of a registered trademark (Great Concepts, LLC v. In March 2005, the mark was registered ( Registration No. The USPTO refused registration at the end of the year based on the DANTANNA’S registration.

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Registration Registering Trademarks Trademark Ownership 52

Patent Trademark Blog

JUNE 2, 2023

How can you realistically enforce your trademarks? Trademark enforcement is not only for millionaires and big companies. Startups and small businesses can use cost-effective ways to stop or discourage trademark infringement. By employing smart tactics, you can increase trademark protection while spending less.

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Cease and Desist Branding Brands Branding 52

The TTABlog

JANUARY 4, 2023

the TTAB ordered cancellation of two registrations for the mark COHIBA for cigars, one in typeset and one in stylized form. The owner of the cancelled registrations is General Cigar Co., based cigar manufacturer that first obtained a COHIBA registration in 1981 and has sold COHIBA cigars in the U.S. Cubatabaco v.

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Registration Trademark Law Trademark Branding 78

SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Here is our recap of last week’s top IP developments. Read on to know more!

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Trademark Registration Copyright Patent 59

Patent Trademark Blog

MAY 31, 2023

Would it make sense to send them a trademark infringement letter. Would it make sense to send them a trademark infringement letter. Need to enforce your patent and trademark rights, or reply to a cease-and-desist letter? Need to enforce your patent and trademark rights, or reply to a cease-and-desist letter?

Cease and Desist 52

Cease and Desist IP Trademark Registration 52

43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. The court granted summary judgment against Latinfood on the counterclaims, and gave partial victories to both sides on the main claims.

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False Advertising Advertising Advertising Registration 59

43(B)log

APRIL 18, 2023

10, 2023) Zest sued defendants for trademark/trade dress infringement, alleging that defendants’ DESSLoc suite of denture attachment products infringed the trademarks and trade dress of their Locator product suite. The alleged trade dress was the insert colors and “distinctively-shaped” gold abutments.

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False Advertising Advertising Advertising Licensing 72

LexBlog IP

JULY 26, 2021

trademark opposition proceedings can be done within budget. Here’s just one important fact to consider: While the cost of a fully-litigated trial on the merits before the U.S. Here’s just one important fact to consider: While the cost of a fully-litigated trial on the merits before the U.S. Jurisdiction.

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Trademark Settlement Registration Litigation 52

43(B)log

FEBRUARY 23, 2024

But to deal with different holidays in different states, emergency legislation was passed within weeks so the Office would know how to count deadlines. But to deal with different holidays in different states, emergency legislation was passed within weeks so the Office would know how to count deadlines.

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Registration Branding Brands Branding 59

azrights

OCTOBER 27, 2021

For example, the law won’t generally stop copying of ideas or business models or colours of other brands unless these are trademarked. Some identifiers can be protected and owned as trademarks as soon as you create them. Others are extremely difficult to secure as trademarks and need a strategy to achieve.

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Branding Brands Branding Copying 52

Patent Trademark Blog

MARCH 18, 2022

Let’s look into what those intangible assets might be, and how they can be protected. This is where trademarks play a role. Unlike patents, the role of a trademark is not to signify something new, but rather to indicate the source of the product or service. Trademarks can last indefinitely. So what is IP exactly?

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Intellectual Property IP Confidentiality Patent Application 52

LexBlog IP

DECEMBER 21, 2021

The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce.

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Trademark Registration Intellectual Property Litigation 40

SpicyIP

AUGUST 7, 2023

Discussing the key amendments within the 2023 Act, Lokesh highlights the contentious issues within the law and how they may warrant clarification in the future. Last week was full of exciting discussions on the blog. Anything important we’re missing out on? Drop us a comment below! The last date to apply is August 12, 2023. Germinda Pvt.

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Copyright Infringement Trademark Law Copyright 98

The IP Law Blog

APRIL 1, 2021

The Ninth Circuit recently considered an issue of first impression: What standard of review does an appellate court apply when reviewing a district court’s grant of summary judgment in a trademark infringement case on the equitable basis of the unclean hands doctrine. The Ninth Circuit faced this issue in the case titled: Metal Jeans, Inc.

Trademark 52

Trademark Branding Brands Branding 52

43(B)log

FEBRUARY 3, 2024

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? Assumption dates back to at least the 1930s that consumers exercise less care for inexpensive grocery items and are thus easier to confuse: Brew nuts v. Beer Nuts, Bulls’ Eye v. Ingredients v.

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False Advertising Contracts Branding Brands 49

azrights

MARCH 15, 2021

A distinctive asset such as the Nike Swoosh would have been capable of registration as a trademark as soon as the design was created. Trademarks give you a wide scope of protection so that Nike could have prevented a competitor developing an icon that was similar to its own swoosh logo.

Branding 52

Branding Brands Branding Trademark 52

The IPKat

JANUARY 9, 2022

She described her role as leading a team that “looks external to WIPO to ask how do we get women involved in the invention, creation, and innovation processes, and how do we make sure they’re well-served within the IP system.” Jorgenson also discussed how COVID-19 affected WIPO and the Patent Cooperation Treaty (PCT) system.

Reporting 57

Reporting Law IP Patent 57

43(B)log

FEBRUARY 19, 2022

This basic question has three different answers, all regularly used in any given jurisdiction—this is not a matter of circuit splits. The answers are yes, no, and sometimes, a list both comprehensive and dismaying. This is unsurprising: Rogers itself was based on an opposition between “artistic expression” and “commercial speech.”

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Trademark Law Trademark Art Branding 72

Patent Trademark Blog

MAY 8, 2024

What if someone else filed for a similar trademark first? I can’t tell you all the reasons why people delay filing a trademark application. Others have already applied for similar trademarks. What are your options if you wish to file for a similar trademark? Need guidance on registering a trademark?

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Trademark Registration Registering Trademarks Blogging 52

SpicyIP

FEBRUARY 21, 2024

Recently, the Delhi High Court referred 3 questions regarding the jurisdiction of a High Court to hear trademark rectification applications, to a larger bench. The question that surfaced here was “which High Court shall have the jurisdiction to hear cancellation/rectification petitions under Section 57 of the Trademark Act, 1999 (‘1999 Act’).”

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Trademark Intellectual Property Designs Design 105

43(B)log

FEBRUARY 24, 2024

We like how they sort us/how we get to identify with them? How much of that is cultural? Focused on Amazon: free riding on gov’t mechanisms, particularly TM law, to communicate to gov’t not to regulate it—product liability, intermediary liability. It’s also cheaper, and Amazon is notoriously cheap. Human desire for TMs?

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Fair Use Branding Brands Branding 45

SpicyIP

DECEMBER 17, 2023

He is interested in IP law, and commercial and criminal litigation. He is interested in IP law, and commercial and criminal litigation. Highlights of the Week By Whom and How Are Our Patent Examiners Being Recruited? But why did this change in organizers occur, and how were examiners recruited previously?

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IP Trademark Advertising Advertising 59

SpicyIP

DECEMBER 11, 2023

Ever wonder how they’d describe themselves to each other? Lokesh, in this lovely poem, describes how he’d imagine that conversation would happen, highlighting the overlap between the two. Lokesh, in this lovely poem, describes how he’d imagine that conversation would happen, highlighting the overlap between the two.

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Trademark Fair Use Moral Rights Art 103

Patent Trademark Blog

APRIL 28, 2022

How are trademark rights determined in the US? In the US, trademark rights are generally given to the first one to use a mark. Except for a few limited circumstances, the first user is the rightful trademark owner in the US. The term common law arises most frequently in the context of an unregistered trademark.

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Trademark Law Cease and Desist Registration 52

SpicyIP

SEPTEMBER 11, 2023

Tejaswini writes on this order by the Division Bench and its subsequent acknowledgment by the court, highlighting how this order can correct the practice of granting unfair ex parte ad-interim interim injunctions in Trademark litigation disputes. Preliminary Exams for the Recruitment of Patent and Designs Examiners Cancelled!

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Registration Trademark Copyright Music 105

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

LexBlog IP

OCTOBER 25, 2022

Patent and Trademark Office (“USPTO”) has received more than 170 petitions for expungement and reexamination since it began accepting these new filings late last year. Expungement petitions may be filed between the third and tenth years of registration if a mark is alleged to have never been used in interstate commerce.

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Registration Trademark Reporting Publishing 52

SpicyIP

MAY 15, 2023

Gaurangi Kapoor highlights the key aspects of the litigation and writes on the findings of the court. [This Weekly Review has been co-authored with Shikhar Chauhan. Shikhar is a second-year law student at NALSAR University of Law, Hyderabad. He shares a keen interest in developments concerning IP Law.]

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Trademark Registration Cease and Desist IP 104

SpicyIP

FEBRUARY 24, 2023

Techsquare has 2 more applications awaiting registration for ‘Alphard’ word mark and a device, under Class 12 for land vehicles, and the same have been opposed by Toyota in 2017 (word mark) ( pdf ) and in 2018 (device) ( pdf ). [This post has been co-authored with SpicyIP Intern Hiranya Bhandarkar. Image from here.

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Registration Intellectual Property Law Trademark Branding 75

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 19, 2021

However, buried deep within the bill are three important acts that could have far-reaching implications for trademark and copyright owners: the Trademark Modernization (TM) Act, the Copyright Alternative in Small-Claims Enforcement (CASE) Act, and the Protecting Lawful Streaming Act. The Trademark Modernization Act.

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Trademark Copyright Registration Law 52

43(B)log

FEBRUARY 24, 2023

JDPI amicus brief was describing how LOC factors were not developed for these kinds of cases. How tightly are they connected and do they reflect same doctrine/different circumstances or something else? We may be teaching a doctrine modeled on commercial activity that doesn’t take up much of the space of the way people use TMs.

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Trademark Branding Brands Branding 49

The TTABlog

SEPTEMBER 26, 2022

In this opposition to registration of the mark TORTRIX for "corn-based snack foods," the Board ruled that a claim for misrepresentation of source under Section 14(3) of the Lanham Act is available not just to a cancellation petitioner, but also to an opposer. PepsiCo, Inc. Arriera Foods LLC , 2022 USPQ2d 856 (TTAB 2022) [precedential].

Registration 52

Registration Trademark Ownership Litigation 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

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.” 21-735 (2021).

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

SpicyIP

FEBRUARY 17, 2023

Satish Kumar Jain , holding that the rights u/s 57 of the Trademarks Act to seek rectification of the register, is independent of the rights u/s 124 which allows the defendant to seek a stay over the infringement proceedings when the validity of the trademark is raised as a defence. He is an IP enthusiast and an avid reader.

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Trademark Registering Trademarks Intellectual Property Law IP 97

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. Maybe to this we can add in Dastar. Dinwoodie and Janis taken out of context?

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Trademark Law Branding Brands 45