Remove 2002 Remove Marketing Remove Ownership Remove Registration
article thumbnail

Precedential No. 11: TTAB Dismisses SKËNDERBEU Brandy Opposition for Failure to Prove Priority and Fraud

The TTABlog

Applicant ADOL sought registration of the marks SKËNDERBEU and GJERGJ KASTRIOTI SKËNDERBEU (Stylized) for "beverages from wine distillates, namely, brandy and grape brandy." Fraud: Illyrian alleged that ADOL committed fraud by falsely claiming ownership of the subject marks. See also Chem. Conmar Form Sys.,

article thumbnail

Precedential No. 21: TTAB Upholds Fraud Claim Against Distributor of Massage Chairs Who Registered Manufacturer's Mark FUJIIRYOKI

The TTABlog

For only the second time since the CAFC's 2009 decision in In re Bose , the Board upheld a claim of fraud, ordering cancellation of a registration for the mark FUJIIRYOKI for massage chairs. William Shen, the CEO of Respondent ACIGI, filed the underlying application and then assigned the registration to ACIGI soon after issuance.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Citing Jack Daniel’s, the Ninth Circuit Reverses Itself and Clarifies the Test for Expressive Trademarks

LexBlog IP

” [11] Applying these principles, the Jack Daniel’s Court held that because VIP alleged ownership over the use of its dog toy’s trademark and trade dress, VIP was using them to identify product source. As a result, the expressive qualities of the marks are not relevant; Rogers does not apply. 1] Punchbowl, Inc. 8] 599 U.S.,at

article thumbnail

IPSC Breakout Session #4 Innovation/Copyright

43(B)log

Room 204 Christopher Buccafusco (w/ Joseph Blocher), Firearms, Innovation, and Regulation How do law and markets affect the pace and direction of innovation for firearm related safety in the US? But none reached the market despite millions in R&D from National Institute of Justice. Costly inefficiencies in supply and demand.

article thumbnail

IP as Collateral

IIPRD

The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. Instances of companies using IP as collateral during times of distress are as follows: Xerox pledged its Patents as collateral due to problems faced concerning financial fraud and certain distress in 2002.

IP 40
article thumbnail

5th Circuit holds that inquiries weigh less than lost sales but can still be evidence of actual confusion

43(B)log

Because the plaintiff doesn’t own the relevant registration, its §32 claims fail, but the court allows §43(a) claims to proceed, partially reversing the district court’s grant of summary judgment—but read on for more on what that might look like. Assignments before registration need not be in writing, but the evidence must be clear. “[R]equiring

article thumbnail

Protecting Product and Packaging Designs in China Part I – Trademarks

LexBlog IP

A symbol or design is generally eligible for trademark registration if it can function as a source identifier of goods and services, is not similar to a prior mark or in conflict with other prior rights of a third party, and is not otherwise prohibited by trademark or other laws in China. Unlike the U.S.,

Designs 52