Remove 2004 Remove Advertising Remove Registration
article thumbnail

TTAB Orders Cancellation of Safety Helmet Registrations Due to Lack of Acquired Distinctiveness

The TTABlog

In a whopping 163-page opinion, the Board granted a petition for cancellation of two registrations for the configuration of safety helmets, rejecting Petitioner Honeywell's Section 2(e)(5) functionality claim but sustaining Honeywell's claim of lack of acquired distinctiveness. In re Morton-Norwich Prods.,

article thumbnail

A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

In 2004, the Ninth Circuit eviscerated it (in the Rossi case) by requiring plaintiffs to show that senders subjectively believed their takedown notices were abusive. Diebold from 2004, which led to a $125k damages award. The registrant counternoticed each time. The court found that the registrant sold about 8.3

Insiders

Sign Up for our Newsletter

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

article thumbnail

Modern Foods v. Modern Snacks: A Pragmatic Approach to Trademark Infringement Suit Injunctions

SpicyIP

The plaintiff’s case was a standard trademark infringement and passing off plea, founded upon its extensive advertisements, market share, goodwill and reputation and the defendant using a similar website and the word ‘MODERN’ in its marks.

article thumbnail

SpicyIP Weekly Review (July 12 – 18)

SpicyIP

Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements. Other Posts.

article thumbnail

Landmark Trademark Battles: Shaping Brand Protection Globally and in India

IP and Legal Filings

Whirlpool was able to claim rights over its trademark in this country, even though it didn’t have a physical presence here and did not have any registration at that time. Its reputation across the globe and exposure of Indian consumers through advertisements in foreign magazines were taken note of by the court. Apple Inc.

article thumbnail

Trademark Infringement in the Digital Age

IP and Legal Filings

Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising. The registration and management of trademarks was another essential component. If employing trademarked phrases in keyword advertising confuses customers, there may be legal implications.

article thumbnail

Energy Beverages Sued Indiana Automotive Shop for Alleged Trademark Infringement

Indiana Intellectual Property Law

Evansville, Indiana – In 2004, the Coca-Cola Company launched its Full Throttle® energy drink brand, which was later apparently acquired by Monster Beverage Company (“Monster”) in 2015. From that transaction, Energy owns multiple trademark registrations including the three at issue in this case, U.S. Registration Nos.