IP and Legal Filings

SEPTEMBER 12, 2024

3] [Image Sources: Shutterstock] Starbucks vs. Charbucks: This long-running dispute from 2001 to 2013 over a small New Hampshire coffee roaster’s use of “Charbucks” for dark roast coffee, arguing that Starbucks had diluted its famous trademark, places a number of issues regarding trademark dilution and parody at the very centre of this case.

Branding 98

Branding Branding Brands Trademark 98

The TTABlog

JULY 5, 2023

The Board rendered a split decision in this opposition to registration of the mark EVOGUE for a wide variety of consumer electronic devices and accessories, tossing out Opposer Advance Magazine's Section 2(d) claim but partly upholding its dilution claim, based on the registered mark VOGUE for, inter alia , magazines and mobile phone software.

Registration 40

Registration Trademark Ownership Advertising 40

LexBlog IP

MARCH 15, 2024

Throughout the twentieth century, many newspapers, advertisements, magazines, textbooks, and other reference materials used the term “red gold” to describe the gold-copper combination. ” Plaintiff alleged that it has used the mark RED GOLD on watches since 1989.

Fair Use 52

Fair Use Social Media Trademark Advertising 52

43(B)log

AUGUST 18, 2021

were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. The Composite Design Mark registration specifically acknowledged that it made “no claim. the public about the STURGIS Registrations.”

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

LexBlog IP

JULY 12, 2021

“Distinctive” means that a mark has acquired “secondary meaning” through advertisement or through a high number of sales to the public. Is the Registration Certificate any different? 2001) (affirming on appeal that the “Ultimate” in “THE ULTIMATE BIKE RACK” is descriptive).

Trademark 52

Trademark Graphic Design Registration Registering Trademarks 52

Technology & Marketing Law Blog

MAY 11, 2022

Note: I’ve often told the story of how Epinions implemented COPPA in 2001. If true, 1M visitors is a *much* lower threshold than 1M account registrations. We searched for the under-13s (there were only a few dozen because the service really wasn’t built for minors) and kicked them off the site. Boy, were they pissed.

Social Media 145

Social Media Privacy Law Government 145

Garrigues Blog

NOVEMBER 15, 2021

Trade names are described in Trademark Law 17/2001, of 7 December 01 ( Trademark Law ) and were also defined as a distinctive sign in the preceding law on trademarks. However, European regulations establish an additional requirement which is that use of the trade name in trade should not be confined to an exclusively local scope.

Trademark 52

Trademark Intellectual Property Trademark Law Registration 52

SpicyIP

AUGUST 4, 2024

It was also submitted that the advertisement of the plaintiff including their mark ‘RUMMYCIRCLE’ was changed to show ‘VRUMMY’ by the defendants. The petitioner proved prior use by placing documents on record since 2001. Court of Bari invalidates Italian PV registration for seedless grape variety ‘Sugarone’.

Social Media 105

Social Media Trademark Licensing Music 105

Biswajit Sarkar Copyright Blog

JANUARY 19, 2022

In that case, Google was using the plaintiff’s (Bharatmatrimony) trademark for advertising the websites of other matrimonial sites. Since domain names have a worldwide outreach, its registration is done by an international organization called the Internet Corporation for Assigned Names and Numbers (ICANN). ICANN/UDRP System.

Registration 52

Registration Trademark Cinema Business 52

SpicyIP

DECEMBER 12, 2023

Chetanbhai Shah & Ors (2001 case) and held that where a case of prima facie passing off is made out, the Court ought to grant an immediate ex-parte injunction. product, advertisement or store) before using what we have in our memory to interpret and identify that object.

Trademark 59

Trademark Branding Branding Brands 59

The IPKat

SEPTEMBER 24, 2021

Background In July 2001, an EU trade mark application was filed for the word sign ‘Vita’ for certain Class 9 goods, and later registered in September 2005. Ownership of the registration was subsequently transferred to Sony Computer Entertainment Europe Ltd (the predecessor to Sony Interactive Entertainment Europe Ltd, ‘the applicant’).

Marketing 59

Marketing Marketing Ownership Advertising 59

SpicyIP

MARCH 11, 2024

The plaintiff has registered its “Social” trademark and states to have invested considerably in its advertisement from 2001-2023. First, it argued that the plaintiff concealed material information that the registration of its mark was removed for non renewal in 2010 and was renewed only in 2019.

Trademark 59

Trademark Registration Copyright Patent 59

LexBlog IP

JULY 5, 2022

” [1] The best part about a copyright is that its registration is typically inexpensive and straightforward. Copyright protects “original works of authorship” fixed in any tangible medium of expression, such as “pictorial, graphic, and sculptural works.” 159, 165 (1995) (quoting Inwood Labs., 844, 850 (1982)). [21]

Intellectual Property 52

Intellectual Property Design Patent Design Designs 52

Above the Fold

JULY 5, 2022

1] The best part about a copyright is that its registration is typically inexpensive and straightforward. Copyright protects “original works of authorship” fixed in any tangible medium of expression, such as “pictorial, graphic, and sculptural works.” [1] 159, 165 (1995) (quoting Inwood Labs., 844, 850 (1982)). [21] 21] Nora Beverages, Inc.

Intellectual Property 40

Intellectual Property Design Patent Design Designs 40

IP Whiteboard

NOVEMBER 18, 2020

Gleeson J stated that the circumstances and available evidence did no support an order by the court that the Disputed Numbers be transferred to Manly Cabs under section 90-15 of Schedule 2 of the Corporations Act 2001 (Cth). Both decisions also recognised that some value may subsist in telephone numbers as a result of their use.

Branding 40

Branding Branding Brands Business 40

LexBlog IP

NOVEMBER 30, 2022

2001), which itself carried on the notion described in Publications International, Limited, v. Interestingly, she lost by default —she never answered the opposition filed to her trademark registration request, despite having two chances. Head , 178 F. 2d 758, 764 (S.D. ” Belford, Clarke & Co. ” Id.

IP 52

IP Intellectual Property Fair Use Trademark 52

Patently-O

DECEMBER 12, 2021

. § 1052(c) provides, in pertinent part, that the PTO must deny federal registration to a trademark if it “[c]onsists of or comprises a name, portrait, or signature identifying a particular individual except by his written consent….”

Registration 69

Registration Government Advertising Advertising 69