Erik K Pelton

MARCH 11, 2022

In our continuing effort to combat trademark scams and raise awareness of this important issue, we have recently submitted comments to the FTC. Because there are many types of fraud and government impersonation, only a handful of other commenters mentioned trademark issues. ” More than 100 comments were submitted. About Erik M.

Government 147

Government Business Trademark Blogging 147

LexBlog IP

JANUARY 25, 2024

the Ninth Circuit revived a trademark infringement case previously dismissed on grounds that the First Amendment shields “expressive” trademarks from Lanham Act liability unless plaintiff can show the mark (1) has no artistic relevance to the underlying work, or (2) explicitly misleads as to its source. [1]

Trademark 40

Trademark Designs Design Branding 40

IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] 2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks.

Registration 80

Registration Trademark Trademark Law Law 80

azrights

OCTOBER 20, 2023

Apple and MacDonalds are household brands that have lost their EU trademarks in recent years, meaning that third parties may now freely use ‘Think Different’ and Big Mac in the EU. When that happens, the other party who wants to use the marks will be able to apply to have the trademark registrations cancelled.

Branding 52

Branding Brands Branding Marketing 52

43(B)log

FEBRUARY 3, 2024

Initial reaction: of course there’s no claim, as court concluded, but should there be? Mostly this should be handled through public opinion, public shaming. But should be a limited right against commercial cultural appropriation. Spectrum: diffused, when multiple communities claim a symbol; targeted, when there’s only one.

Branding 59

Branding Brands Branding Art 59

The IPKat

APRIL 27, 2022

Last month, the Federal High Court of Nigeria (Abuja division) delivered 2 judgments in two trade mark registration cases involving Fan Milk International A/S (Fan Milk) and Mandarin Oriental Services B.V Mandarin Oriental). The issues for determination In Fan Milk International A/S v Mandarin Oriental Services B.V

Registration 94

Registration Branding Brands Branding 94

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Nadler’s manager’s amendment for the SHOP SAFE Act , which I think will be the basis of a committee markup hearing tomorrow. That’s a laudable goal that I expect everyone supports. Instead of protecting consumers, this bill gives trademark owners absolute control over online marketplaces by overturning Tiffany v.

Trademark 136

Trademark False Advertising Advertising Advertising 136

JIPL Online

FEBRUARY 26, 2021

If the title sounds familiar, you are part of the reason Booking.com successfully trademarked “Booking.com” while paving the way for owners of similar marks to receive trademark protection. The Decision.

Trademark 98

Trademark Registration Trademark Law Advertising 98

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. I have tried to sort plaintiff and defendant’s labels based on what the court says, but I might be wrong (which is clearly the point).

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

SEPTEMBER 13, 2022

2:21-cv-03073-FLA (JCx) (C.D. 15, 2022) Applying Gordon v. Activision sought to register trademarks for WARZONE and CALL OF DUTY WARZONE, which Warzone.com opposed. Eventually, this declaratory judgment/counterclaims for trademark-related claims resulted. Activision Publishing, Inc. Warzone.com, LLC, 2022 WL 4117035, No.

Registering Trademarks 59

Registering Trademarks Trademark Registration Marketing 59

LexBlog IP

MARCH 28, 2023

On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. 1125(c)(3)(C), thus barring as a matter of law a claim of dilution by tarnishment under the Trademark Dilution Revision Act (TDRA). If so, you should not have a dog. VIP Products LLC. Grimaldi , 875 F.2d

Branding 52

Branding Brands Branding Trademark 52

The IPKat

JANUARY 6, 2022

Rather, they are assessed solely in the form applied for. ” Given in use a trade mark could be viewed at all sorts of angles, especially when attached to goods as a swing tag (the Huawei application covered glasses and watches among other things), this series of judgments seems narrow-minded. IPKat here.

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Registration Cease and Desist Branding Brands 96

The TTABlog

AUGUST 9, 2022

Every five years or so, like clockwork, the Board decides a Section 2(b) case. Section 2(b) is a complete bar to registration of a mark that "[c]onsist of or comprises the flag or coat of arms or other insignia of. should not be registered as symbols of origin for commercial goods and services." Municipality?:

Government 76

Government Licensing Trademark Registration 76

LexBlog IP

MARCH 28, 2023

On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. § 1125(c)(3)(C), thus barring as a matter of law a claim of dilution by tarnishment under the Trademark Dilution Revision Act (TDRA). ” If so, you should not have a dog. 2d 994 (2d Cir.

Branding 52

Branding Brands Branding Trademark 52

43(B)log

SEPTEMBER 1, 2021

May 19, 2021) Mandabach produces the TV series Peaky Blinders , and it alleged that it owned trademarks and other intellectual property of the show “and certain quotations/sayings/phrases from the show.” Mandabach sued under §43(a) and coordinate state law claims and sought cancellation of a trademark registration.

Social Media 93

Social Media Television False Advertising Artistic Work 93

43(B)log

AUGUST 3, 2023

Too much to choose from; I prioritized things that were new to me. Decedent’s operative intent to extinguish property right—when you bury people w/jewelry by their choice, no estate tax; it just disappears. We can at least fight how we structure the rules of postmortem ROP when it’s only found in about half the states.

Registration 52

Registration False Advertising Advertising Advertising 52

43(B)log

DECEMBER 1, 2022

Grimaldi grounds, the district court’s grant of summary judgment to MTV on the resulting trademark claims. MGFB has a federal registration for FLORA-BAMA for “bar and restaurant services” and several entertainment services, including “social entertainment events,” live musical performances, and “competitions for fish throwing.”

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

43(B)log

FEBRUARY 19, 2022

The key here is that when I say fraud, I do not mean fraudulent intent, but materially deceptive effect. Summary of current treatment: Although courts have often referred to “expressive” or “artistic” works as shorthand for the scope of Rogers, they have applied it to speech that quali?es

Trademark Law 72

Trademark Law Trademark Art Branding 72

The TTABlog

JANUARY 3, 2023

In the latest round of this 25-year-old saga, the Board granted a petition for cancellation of two registrations for the mark COHIBA (one mark in standard form, the other slightly stylized) for "cigars," on the ground of violation of Article 8 of the Pan American Convention. General Cigar Co., Pologeorgis).

Registration 52

Registration Law Litigation Contracts 52

The IPKat

DECEMBER 17, 2021

Today, it’s about the trademark arena. The degree of similarity of the goods should be considered in relation to the degree of similarity of the marks. March in Kenya was about trade marks in acronyms!

Trademark 96

Trademark IP Registering Trademarks Branding 96

LexBlog IP

NOVEMBER 28, 2023

This will not just be an issue for EU-headquartered companies to grapple with: both the proposed Data Act and the AI Act will apply to any business selling into the EU market, wherever established. Regulating Uses of AI The Artificial Intelligence (AI) Act, appropriately, is still evolving.

Intellectual Property 52

Intellectual Property Marketing Marketing Technology 52

Corsearch

FEBRUARY 3, 2023

As of 2022, over 41% of the top 10,000 websites use a CDN [2]. Corsearch believes that Cloudflare should terminate services when it is notified that a website is offering counterfeits or pirated content. Currently, Cloudflare requires a court order before withdrawing CDN services to a website owner.

Social Media 52

Social Media Branding Brands Branding 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

I first remember this issue flaring up in the late 1990s when Third Voice , a browser plug-in, let users write commentary “over” third-party websites. WhenU concluded that trademarks was a dead-end. In this lawsuit, the plaintiffs aren’t suing Google for violating their copyrights or trademarks.

Licensing 88

Licensing Copyright Contracts Advertising 88

43(B)log

FEBRUARY 3, 2024

Thus, court said consumers wouldn’t be confused by “Trader Joe’s Manuka Honey 10+, 100% New Zealand Manuka Honey” because they would understand that it was unlikely that the honey would be purely from bees visiting Manuka flowers; they should know that Manuka honey is graded from 0-26 and 10+ is not great. Beer Nuts, Bulls’ Eye v.

False Advertising 49

False Advertising Contracts Branding Brands 49

The TTABlog

DECEMBER 13, 2021

Suuberg explained that, at the time of her trademark application filing, she had recently completed a post-baccalaureate premedical program, incorporated a non-profit organization, applied for tax-exempt status, and registered a domain name. See Couture v. Playdom, Inc. , 3d 1379, 113 USPQ2d 2042, 2043 (Fed. See Stawski v.

Service Mark 44

Service Mark Advertising Advertising Business 44

The TTABlog

DECEMBER 21, 2021

The NAKED condom case returned to the TTAB after a CAFC reversal [ TTABlogged here ] and the Supreme Court's denial of the registrant's petition for writ of certiorari (September 2021). According to Section 2(d), Australian was required to show ownership of a mark "previously used in the United States. Naked TM, LLC , Cancellation No.

Registration 51

Registration Contracts Advertising Advertising 51

43(B)log

FEBRUARY 23, 2023

Color was not claimed as a feature of the mark: infinity sign with left loop larger than right with DFINITY beneath In 2021, it secured registration of its second mark, the Rainbow Mark. Dfinity sued for federal and state trademark infringement. What was the Meta mark to which Dfinity’s rainbow mark was to be compared?

Designs 59

Designs Design Registration Trademark 59

Patently-O

AUGUST 4, 2021

Notably, their application has been denied by the United States Patent and Trademark Office (USPTO), the United Kingdom Intellectual Property Office (UKIPO), and the European Patent Office (EPO). The grounds for rejection have included a mix of procedural formalities, formal legal requirements, and theoretical objections.

Invention 127

Invention Patent Inventor Intellectual Property 127

LexBlog IP

APRIL 23, 2022

There are 45 total Trademark Classes, also known as “International Classes” or simply “Classes.” ” The United States Patent and Trademark Office (“USPTO”) categorizes trademarks by “Classes.” A video of me explaining the trademark classes. What Are Trademark Classes?

Trademark 52

Trademark Business Music Advertising 52

Garrigues Blog

APRIL 27, 2021

Peters, and I add my voice to his clear-sighted reflections on the subject: “Design creates culture. The German company The Kaikai Company Jaeger Wichmann Gbr (applicant) filed a multiple application for registration of gymnastic and sports equipment at the European Union Intellectual Property Office (EUIPO) on October 24, 2018.

Designs 52

Designs Design Patent Application Intellectual Property 52

IP Spotlight

APRIL 1, 2020

The newly-enacted Coronavirus Aid, Relief, and Economic Security (CARES) Act provides patent and trademark applicants the opportunity for temporary relief from certain deadlines as more and more businesses face mandatory shutdowns due to effects of COVID-19. Patent and trademark filing extensions. Ongoing flexibility for trademarks.

Trademark 40

Trademark Patent Application IP Registration 40

LexBlog IP

DECEMBER 30, 2021

There are 45 total International Trademark Classes. The United States Patent and Trademark Office (“USPTO”) uses these Classes to categorize trademarks. The classification system is critical because trademarks identify a source of goods and/or services that distinguish the trademark from others.

Trademark 52

Trademark Business Cinema Music 52

The IP Law Blog

MARCH 2, 2021

Supreme Court issued numerous landmark decisions in 2020, among those—for trademark scholars and practitioners— Romag Fasteners, Inc. Practitioners should expect that juries will ?nd 2 Long ago, those parties entered into an agreement permitting Fossil to use Romag’s fasteners on Fossil’s handbags and other products.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

Technology & Marketing Law Blog

DECEMBER 11, 2023

by guest blogger Christine Haight Farley Because it is grading season, when I read the Second Circuit’s per curiam decision in Vans, Inc. 2023), I already had my red grading pen out. The last is a classic Fall semester 1L error that I admonish my students to never make. MSCHF Prod. Studio, Inc. LEXIS 32063 (2d Cir.

Blogging 111

Blogging Trademark Branding Brands 111

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’).”

Trademark 105

Trademark Intellectual Property Designs Design 105

The TTABlog

JANUARY 9, 2024

Defining the Mark at Issue: Post stated in its application that "[t]he mark consists of the colors of yellow, green, light blue, purple, orange, red and pink applied to the entire surface of crisp cereal pieces. Trademark Rule 2.52. Distinctiveness: Color marks are never inherently distinctive when applied to product configurations.

Advertising 73

Advertising Advertising Registering Trademarks Trademark 73

SpicyIP

FEBRUARY 20, 2023

Last week on the blog we featured posts with nuanced discussions on burning issues surrounding patents, trademarks, and copyright. Claim Amendments u/s 59(1): Confusingly Evolving Landscape in India- Part I Recently Delhi High Court in Allergan v. Important IP cases that we’re missing out on? Especially from other High Courts?

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Registration Designs Design Trademark 105