azrights

OCTOBER 27, 2023

What can go wrong when trademarks are not used consistently is apparent from a 9 year trademark dispute between Lacoste and Crocodile in New Zealand which concluded in 2017 with Lacoste losing its crocodile trademark. In Lacoste’s case the registration gave it a broad monopoly over the concept of a crocodile design.

Trademark 52

Trademark Branding Brands Branding 52

Technology & Marketing Law Blog

OCTOBER 5, 2023

I wrote an expert declaration about them in 2021). The merchant’s Amazon product listing: I use a nearly identical example in my SAD Scheme paper : an Amazon listing description using the word “emoji” to describe a poop emoji displayed on a mug. The SAD Scheme helps with that. One defendant fought back.

Trademark 120

Trademark Fair Use Trademark Law Branding 120

SpicyIP

AUGUST 10, 2023

In this post I will be dwelling on the aspect of vested substantive rights encompassed within procedural rules, from the perspective of the recent controversy raised in SAP Se vs Swiss Auto Products and Anr. The case revolved around SAP Se (Appellant) trying to furnish new evidence according to the Trademark Rules, 2002.

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Trademark Law IP Registration 98

SpicyIP

SEPTEMBER 11, 2023

underscored that there is a need to supervise or govern patent and trademark agents. This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents. Image from here The Delhi High Court recently in Saurav Chaudhary Vs Union Of India & Anr.

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Government Trademark Patent Patent Application 105

LexBlog IP

JUNE 20, 2023

I get many different types of questions from my clients regarding various trademark matters. Some scenarios involve trademarks that have been in their portfolio for a while and are no longer in use, while other trademarks are brand new and ready for their moment in the spotlight.

Trademark 40

Trademark Registration Blogging Business 40

Patently-O

OCTOBER 18, 2023

by Dennis Crouch In the trademark case of Great Concepts, LLC v. 18, 2023) , the Federal Circuit addressed whether fraud in a declaration of incontestability justifies cancelling the underlying trademark registration. Of course, this balance of powers question goes far beyond the patent and trademark systems.

Registration 62

Registration Trademark Law Registering Trademarks 62

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. Tam and Brunetti, striking down various bars on registration. Taco Cabana, from 1992. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

IP and Legal Filings

AUGUST 11, 2023

Introduction Trademarks are no longer confined to words, numbers, or devices. This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] 7] Is Braille a ‘Mark’ ?

Trademark 82

Trademark Registration Intellectual Property Intellectual Property Law 82

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

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

Velocity of Content

JULY 26, 2022

But trademarks are not mentioned in that foundational document. This blog has already discussed the differences between copyright and trademark– which are, unfortunately, too frequently confused as two alternative ways of protecting non-technical IP. See discussion at this blog for a longer discussion of the differences.)

Trademark 98

Trademark Government Copyright Service Mark 98

SpicyIP

FEBRUARY 17, 2023

Image from here Imagine a world where all numbers from 0 to 9 and their infinite permutations and combinations can be trademarked. In this post, I will examine both orders. Facts in brief: The plaintiff applied for registration of the word and device marks 91 and Ninety One to be used on bicycles and accessories of bicycles.

Trademark 121

Trademark Registration 121

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

43(B)log

MARCH 24, 2023

It can be applied on a MTD, which costs $50-$75,000 but that’s much less expensive than going to summary judgment. I admit that the Court seemed to think that T-shirts were different from dog toys.] [I admit that the Court seemed to think that T-shirts were different from dog toys.] Q: on as applied challenges?

Intellectual Property Law 64

Intellectual Property Law Trademark Registration Intellectual Property 64

The TTABlog

JANUARY 4, 2023

After reading the COHIBA decision, I decided that I had to turn to Professor Christine Haight Farley of American University Washington College of Law for her help in explaining what this is all about. the TTAB ordered cancellation of two registrations for the mark COHIBA for cigars, one in typeset and one in stylized form.

Registration 78

Registration Trademark Law Trademark Branding 78

IP and Legal Filings

MARCH 13, 2023

In light of this, The Hon’ble Delhi High Court, in Bridgestone Corporation vs Controller General of Patents , [i] iterated that any negligence on the part the registrar to perform this duty should be unpardonable at all costs especially to facilitate ease of doing business.

Business 59

Business Designs Design Trademark 59

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

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

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

Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property attorney, I am often battered with questions about the topic. Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

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

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

43(B)log

SEPTEMBER 13, 2022

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. 2:21-cv-03073-FLA (JCx) (C.D.

Registering Trademarks 59

Registering Trademarks Trademark Registration Marketing 59

IP and Legal Filings

MARCH 8, 2023

Introduction The Respondents were sued by the Appellant, the owner and holder of the trademark “RENAISSANCE,” seeking a permanent injunction against the use of the allegedly infringing trademark “SAI RENAISSANCE” and any other marks that are confusingly similar to the Respondents’ mark, “RENAISSANCE.”

Registration 87

Registration Branding Brands Branding 87

The IPKat

OCTOBER 27, 2021

The Court did so in a case concerning Gucci and some of its 'G' trade mark registrations [the indication of the actual trade mark registrations have been redacted from the text of the decision, and so has the defendant's own sign].

Registration 97

Registration Blogging Branding Brands 97

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

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

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

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.

Registration 96

Registration Cease and Desist Branding Brands 96

Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. How do I get a Copyright?

Intellectual Property 52

Intellectual Property IP Invention Designs 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

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

SpicyIP

NOVEMBER 8, 2023

They included stories of the Patent Agent examination, the Indian Innovation Act, the opening of the Trademark database, the presumption of patent validity, and the South Asian Basmati fights and more. I am not even wading into the Bogus Open Access Journals and The dark side of the scientific publishing industry ).

Trademark 59

Trademark Publishing Journalism Copyright 59

The TTABlog

JANUARY 21, 2022

Trademark expert Anne Gilson LaLonde, author of Gilson on Trademarks , has provided her comments on the CAFC's recent Brooklyn Brewery decision [ here ], with errata [ here ], agreeing with Professor J. Therefore, its task is to determine whether the TTAB properly followed the law as it applies in Board proceedings.

Registering Trademarks 57

Registering Trademarks Trademark Registration Law 57

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