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Trademark protection for colors: T-Mobile Magenta

Erik K Pelton

Non-traditional trademarks are some of the most interesting and fun topics to discuss in the world of brand protection. In order for a color trademark to be registered, it has to have acquired distinctiveness, it has to have acquired secondary meaning. That’s what UPS has done such a great job of.

Trademark 130
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Can geometric signs on footwear be distinctive? Yes, says EUIPO

The IPKat

After noting that consumers are accustomed to the presence of geometric signs in the footwear sector, the Board of Appeal ruled that the contested sign is sufficiently striking and memorable to be distinctive. The decision of the Board of Appeal The BoA overturned this refusal and found the contested position trade mark to be distinctive.

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A green slogan is not a trademark, says the General Court

The IPKat

The Board of Appeal dismissed the appeal ( R 1076/2020-5 ) on the ground that the mark applied for was devoid of any distinctive character within the meaning of Article 7(1)(b) of Regulation no. The examiner rejected the application on 23 rd March 2020. The decision was appealed. The slogan applied for did not have such characteristics.

Trademark 132
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TTAB Affirms Refusal to Register Handbag Shape: Generic and (Alternatively) Lacking Acquired Distinctiveness

The TTABlog

In a 51-page opinion, the Board affirmed a refusal to register the product configuration shown below, for "handbags," finding the design to be generic and, alternatively, lacking in acquired distinctiveness: "Handbags embodying the proposed mark are so common in the industry that such product design is not capable of indicating source and.

Designs 52
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IP Considerations for Source Code Acquisitions: Measure Twice and Cut Once

LexBlog IP

Companies often acquire computer software without much concern — other than the price/cost of the product. § 101 – “work made for hire” is oft misunderstood and, thus, will be the topic of a subsequent article), the person(s) who created the software code is/are the owner(s) of the copyright in the software.

IP 52
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Fanciful Trademark: A Comprehensive Explanation

LexBlog IP

Inherent Distinctiveness. This is a great segue to the next topic which is injunctive relief. This is due to two factors (1) inherent distinctiveness; and (2) their previous non-existence. Inherent Distinctiveness. Table of contents. Fanciful Trademark Examples. Fanciful Trademark Benefits. Versus Other Trademarks.

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[Guest post] Retromark Volume XIII: the last six months in trade marks

The IPKat

Acquiescence is a topic of interest following the CJEU in Heitec (see Volume 9 ) and the UK Court of Appeal in Combe (see Volume 12 ). On trade mark infringement, Lidl prevailed on 10(3) infringement – unfair advantage and detriment to distinctive character – having not even dared to argue a likelihood of confusion. IPKat here.

Editing 70