The TTABlog

DECEMBER 1, 2023

Global Commodities petitioned for cancellation of a registration for the mark shown below left, claiming likely confusion with its registered mark shown below right, both for "rice." Cancellation No. There was also evidence of four other rice products on the market that feature deer in their packaging. FWIW: I agree.

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Designs Design Registration Marketing 70

azrights

OCTOBER 27, 2023

Last week’s newsletter How to avoid the biggest brand management mistakes , highlighted that the role of our business name and signs like logos, taglines, characters, or sounds is to enable buyers to recognise that it’s us. The cancellation of Lacoste’s trademark paved the way for Crocodile to register its own crocodile logo in New Zealand.

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Trademark Branding Brands Branding 52

The TTABlog

JANUARY 17, 2024

Banc of California petitioned to cancel a registration for the mark shown below left, on the ground of likely confusion with its registered mark shown below right, both for, inter alia , banking services. How do you think this came out? Cancellation No. Cancellation No. Banc of California, National Association v.

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Designs Design Registration Service Mark 67

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.

False Advertising 59

False Advertising Advertising Advertising Registration 59

Kashishipr

AUGUST 25, 2021

Protection for Limited Edition Products under Trademark Law. The biggest challenge that arises when it comes to protecting a limited edition product as a trademark is showing continuous use of the trademark. As a result, Ferrari’s mark was cancelled concerning vehicles due to non-use but remains valid for toy cars.

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Editing Law IP Designs 105

Kashishipr

DECEMBER 15, 2021

Trademarks indicate the origin of a product. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. A 3D shape cannot be registered as a trademark if the shape: Arises from the inherent nature of the object or goods; Provides a technical function; or.

Trademark 105

Trademark Intellectual Property Registration Designs 105

The TTABlog

JUNE 8, 2021

The court therefore upheld the decision of the TTAB [ here ] ordering cancellation of the PRETZEL CRISPS Supplemental Registration. However, no matter how much commercial success the product enjoys, Plaintiffs are not entitled to monopolize the common name of the product being sold." Snyder's Lance, Inc. Text Copyright John L.

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Registration Social Media Blogging Marketing 97

Garrigues Blog

NOVEMBER 24, 2022

The EUIPO Board of Appeal has declared the validity of a trademark containing the well known work of the graffiti artist Banksy ‘ Laugh Now But One Day We’ll Be In Charge ’, having deemed that it was not registered in bad faith. It concludes that the trademark has distinctive character and is not descriptive.

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Registration Trademark Art Blogging 52

Garrigues Blog

NOVEMBER 22, 2022

The EUIPO Board of Appeal has declared the validity of a trademark containing the well known work of the graffiti artist Banksy ‘ Laugh Now But One Day We’ll Be In Charge ’, having deemed that it was not registered in bad faith. It concludes that the trademark has distinctive character and is not descriptive.

Registration 52

Registration Trademark Art Blogging 52

The TTABlog

JANUARY 2, 2023

TTAB Sustains Wrangler's Section 2(d) Opposition to "W DENIM" Logo Mark for Denim Goods and Marketing Services TTABlog Test: Is "SMALL WINS" Confusable with "BIG WIN" for Candy? No] TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out? TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?

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Designs Design Television Ownership 70

LexBlog IP

APRIL 27, 2023

We are just a few months into 2023, but we are already seeing a number of proposed changes to Chinese Trademark Law. Overall Theme and Key Takeaway It should be noted that this will be the 5 th round of major amendments to the China Trademark Law since it was first adopted in 1982.

Trademark Law 52

Trademark Law Law Trademark Intellectual Property 52

LexBlog IP

AUGUST 22, 2022

2022) the United States Court of Appeals for the Federal Circuit (“CAFC”) reversed a Trademark Trial and Appeal Board (“TTAB”) decision cancelling two registrations for marks identical to those used outside of the US by The Coca-Cola Company (“Coca-Cola”).

Registration 40

Registration Ownership Trademark Marketing 40

SpicyIP

MARCH 11, 2024

A Case of Reverse Passing Off: DHC Rules In Favour Of Western Digital On Trademark Infringement Recently, the DHC passed an ex-parte interim injunction order against Geonix, holding them prima facie liable for indulging in ‘reverse passing off’ by selling Western Digital’s hard disks as their own. Read on to know more!

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Trademark Registration Copyright Patent 59

SpicyIP

MARCH 13, 2023

Noting how the Indian Government is in the process of coming up with a new bill with significant amendments, Prashant suggests that perhaps other countries should look to learn from India’s experience. ChatGPT and the Underlying Copyright Malady Can the output(s) generated by ChatGPT be protected under copyright law?

Intellectual Property Law 119

Intellectual Property Law Intellectual Property Trademark IP 119

LexBlog IP

DECEMBER 26, 2023

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. There’s no doubt AI is incredibly useful for generating content, though there is still no substitute for a real human author or artist.

Designs 52

Designs Design Trademark Copyright 52

43(B)log

OCTOBER 31, 2022

He alleged trademark and related claims based on CasperLabs’ use of the name. Zamfir alleged that, though continued to inquire about the status of the CASPER trademark application CasperLabs represented it would file on his behalf, he didn’t learn that CasperLabs had registered the CASPER mark until early 2021.

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Registration Trademark Ownership Marketing 59

The TTABlog

JUNE 17, 2021

Finding that Petitioner failed to demonstrate its entitlement to maintain its genericness claim (f/k/a standing), the Board tossed out this petition for cancellation of two registrations for the mark ADVENTIST for religious publications, film production and distribution, educational services, and religious and missionary services.

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Cease and Desist Registration Trademark Ownership 52

LexBlog IP

APRIL 4, 2022

A recent trademark opposition is a lesson in how to properly establish a likelihood of confusion for apparel goods. Colorful Roots LLC, the Opposer, Roots Corporation, relied on several of its trademark registrations of ROOTS and its derivatives. In Roots Corporation v. An opposer need not prove actual damage.

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Trademark Branding Brands Branding 52

43(B)log

JANUARY 5, 2024

Plaintiff has seven registered trademarks involving Florida Virtual School or FLVS; two of the registrations are incontestable. registrations with graphical elements The “Florida Online School” mark included an image of a Florida panther. statements as evidence of confusion.

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Branding Brands Branding Marketing 59

IP Tech Blog

MARCH 21, 2022

On January 14, 2022, the China National Intellectual Property Administration (CNIPA) issued the Measures for Fast-Track Examination of Trademark Registration Applications (for Trial Implementation), which took effect on the same day. Trademark Applications Subject to the Measures. Formal Requirements (Article 3).

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Trademark Intellectual Property Intellectual Property Management IP 109

SpicyIP

SEPTEMBER 6, 2021

Prashant wrote about how the now scrapped IPAB has always been in the news for mostly the wrong reasons, ranging from a lack of independence to a lack of appointments to poor quality of appointments to illegal appointments to a lack of resources. The End of the IPAB and Lessons on Concentration of Judicial Powers. Other Developments.

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Designs Design Inventor Trademark 113

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.

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Trademark Branding Brands Branding 52

Garrigues Blog

JULY 6, 2021

However, how to act against inappropriate uses? When we start any business, one of the first things to choose is the name that will identify you in the market and, if the homework is done, it will be registered as a trademark (see a related post here ). Let us see it. Forgetting this step can have very negative consequences.

Branding 52

Branding Brands Branding Registration 52

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.

Copyright Infringement 98

Copyright Infringement Trademark Law Copyright 98

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

OCTOBER 27, 2021

Inevitably competitors will try to capture some of the market shares of any brand that discovers a lucrative market opportunity. For example, the law won’t generally stop copying of ideas or business models or colours of other brands unless these are trademarked. Take Coca Cola as an Example.

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Branding Brands Branding Copying 52

TraskBritt Intellectual Property

MARCH 22, 2021

Trademarks are powerful marketing tools that can help a potential customer not only to recall the associated brand but also to affiliate the words of the trademark with that brand. You may want to trademark a phrase to control how your brand is perceived in the minds of potential customers.

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Trademark Registration Registering Trademarks Branding 52

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

LexBlog IP

MARCH 21, 2022

On January 14, 2022, the China National Intellectual Property Administration (CNIPA) issued the Measures for Fast-Track Examination of Trademark Registration Applications (for Trial Implementation), which took effect on the same day. Trademark Applications Subject to the Measures. Formal Requirements (Article 3).

Trademark 52

Trademark Intellectual Property Intellectual Property Management Government 52

IP Intelligence

AUGUST 24, 2021

Recently, the Trademark Trial and Appeal Board (TTAB) decided against a petitioner seeking to cancel a registration on the Supplemental Register in SY Custom, Inc. The Tailory, LLC , Cancellation No. The case is noteworthy about how one can fail to prove a genericness case before the TTAB. 92070568 (TTAB Aug.

Business 52

Business Journalism Trademark Registration 52

LexBlog IP

AUGUST 24, 2021

Recently, the Trademark Trial and Appeal Board (TTAB) decided against a petitioner seeking to cancel a registration on the Supplemental Register in SY Custom, Inc. The Tailory, LLC , Cancellation No. ” The case is noteworthy about how one can fail to prove a genericness case before the TTAB. .”

Business 52

Business Journalism Trademark Registration 52

LexBlog IP

JANUARY 18, 2022

This one is for trademark fans as well as cooks and has an interesting backstory. This neat scheme and the accompanying rules about the origin of olive oils was upended by the explosive growth of an olive oil producer whose label contained the prominent trademark CALIFORNIA OLIVE RANCH. Olive Oil and State Pride. See illustration.).

Law 52

Law Trademark Branding Brands 52

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

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.”

Trademark Law 72

Trademark Law Trademark Art Branding 72

IIPRD

FEBRUARY 23, 2021

Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention. The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral.

IP 40

IP Intellectual Property Branding Brands 40

SpicyIP

DECEMBER 17, 2023

Highlights of the Week By Whom and How Are Our Patent Examiners Being Recruited? 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.

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IP Trademark Advertising Advertising 59

LexBlog IP

SEPTEMBER 29, 2022

They are marketed through different, yet related, channels of trade (sports and entertainment, which were melded together as ESPN’s original name ). I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ).

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Trademark Registration Music Intellectual Property 52