The IPKat

AUGUST 17, 2021

Zappalaglio observes regional trends in GI registration, which he complements with an analysis of the GIs registered by the EU Member States that joined the EU after 2004. Zappalaglio's empirical research confirms that the PGI system has become the preferred quality scheme in the EU, as it has a less arduous registration procedure.

Law 132

Law Registration Publishing Designs 132

Technology & Marketing Law Blog

DECEMBER 15, 2021

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

Registration 132

Registration Fair Use Copyright Designs 132

The TTABlog

JUNE 17, 2024

Court of Appeals for the Fourth Circuit has ruled that Bacardi's challenge to the USPTO's renewal of the registration for that mark may be heard in the federal courts. In 2006, Cubaexport was barred from paying the renewal fee for the HAVANA CLUB registration due to a trade embargo. Bacardi & Co. Vidal , Appeal No.

Registration 53

Registration Trademark Intellectual Property Licensing 53

IP and Legal Filings

FEBRUARY 20, 2023

[Image Sources : Shutterstock] Icann Rules According to the ICANN rules, the domain name registrant is required to comply with all the standards, requirements, procedures and practices when entering into a Domain Name Registration Agreement with the Domain Name Registrar. Satyam Infoway Ltd v Siffynet Solutions, 6 SCC 145 (2004).

Trademark 98

Trademark Registering Trademarks Registration Trademark Law 98

IP and Legal Filings

SEPTEMBER 12, 2024

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. 28, 2004) [5] Bata India Limited vs Chawla Boot House & Anr on 16 April, 2019 [6] N.R. It underlined brand recognition as borderless in the modern age. [6]

Brands 98

Brands Branding Branding Trademark 98

The IPKat

DECEMBER 10, 2023

Copyright Anastasiia Kyrylenko discussed the recent interpretation of Article 4 of Directive 2004/48/EC by the CJEU in relation to possibility for collective management organisations to bring, in their own name, actions for copyright infringement on behalf of the right holders. Here is what you missed last week on the IPKat.

Registration 68

Registration Copyright Law Copyright Intellectual Property 68

SpicyIP

AUGUST 8, 2023

It held that the defendant’s use of the mark since 1990, coupled with its registration, strengthens their claim. The decision acknowledges the defendant’s long-standing use of the mark and registration while still providing the plaintiff with the possibility of seeking damages in the event of the defendant’s failure.

Trademark 98

Trademark Registration Advertising Advertising 98

SpicyIP

APRIL 21, 2022

There had been an attempt via the 2004 Patent Ordinance to narrow pre-grant oppositions in terms of substance as well as in terms of representation by opposition parties – however this ordinance lapsed and the subsequent bill that replaced it in 2005 expanded it on both these counts, reinstating expansive pre-grants as a necessary safeguard.

Patent Application 131

Patent Application Patent Registration Publishing 131

Indiana Intellectual Property Law

AUGUST 6, 2021

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.

Cease and Desist 52

Cease and Desist Trademark Brands Branding 52

TorrentFreak

DECEMBER 31, 2022

This oversight was eventually spotted and the team managed to extend the registration before it was gone for good. With this 2004 message, the movie industry hoped to turn illegal downloaders into paying customers. — 10. Why the “You Wouldn’t Steal” Campaign Didn’t Work. So why are you pirating?

Copying 141

Copying Publishing Copyright Infringement Copyright 141

The IPKat

NOVEMBER 11, 2021

Compare those patent registrations to the trends in smoking rates and it tells a concerning story. Lesotho, for example , has seen the largest spike in smoking from 15% of its population in 2004 to 54% in 2015. Contrast that with the United States, where 42,189 patents were registered over the past decade.

Intellectual Property 121

Intellectual Property Patent IP Technology 121

43(B)log

MARCH 1, 2022

Amount/substantiality: Accepting his allegation that the passage was the heart of the work, the court saw no need to separately address his argument that the separate registration meant that the school district copied the “whole” work. Not for nothing, the Second Circuit has wisely rejected assessing factor three by counting registrations.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

The IPKat

JULY 26, 2024

Where a defendant relies on a trade mark registration as a defence to infringement, the defendant remains protected against infringement until the registration is cancelled by the Court. Background FanFirm Pty Ltd is an Australian business that has operated since 1997 but incorporated in 2004.

Registration 58

Registration Business Branding Brands 58

The IPKat

MARCH 2, 2022

Westerlund has 25 years of experience predominantly in the sector of intellectual property-patent law, including from both US and Swedish law firms prior to joining Bavarian Nordic in 2004. Michel and extensively published Professor of Law.

Intellectual Property 95

Intellectual Property Intellectual Property Law IP Patent Law 95

IIPRD

JUNE 29, 2022

MULTIPLE IP REGISTRATION AND THEIR PROTECTION. Many readers may believe that all of these design registrations are superfluous. Rather than just claiming infringement of the famous Toile Monogram Design, it was discovered that they had 9 other trademark registrations that used elements of it.

Intellectual Property 98

Intellectual Property Brands Branding Branding 98

The TTABlog

NOVEMBER 25, 2024

The Board denied the motion because the proposed amendment "does not introduce a substantially different issue for trial," since Heil's registrations are broadly worded and cover the goods and services in Tripleye's application even if so amended. Perhaps on a more developed record we would find otherwise.

Registration 56

Registration Designs Design Marketing 56

IP and Legal Filings

SEPTEMBER 26, 2024

The Geographical Indications of Goods ( Registration and Protection) Act,1999 provides provisions that prevent the G.I. This was the first product from India to be granted the GI tag in 2004. Due to a surge in the product’s value, its fineness and quality also increase the demand for such products.

Marketing 105

Marketing Marketing Branding Branding 105

The TTABlog

JANUARY 10, 2022

The party opposing registration has the burden to prove genericness by a preponderance of the evidence. Retail Servs., Freebies Publ’g , 364 F.3d 3d 535, 546 (4th Cir. The CAFC has stated that "the relevant public’s perception is the primary consideration in determining whether a term is generic." Princeton Vanguard, LLC v. Frito-Lay N.

Trademark Law 75

Trademark Law Trademark Registration Government 75

43(B)log

SEPTEMBER 8, 2021

trademark registrations for particular colors on mixing tips. 2004), or the colors of pills in Inwood v. “To accommodate different types of dental procedures, mixing tips vary in their diameter, the length of the helixes that mix component materials, and cap sizes.” Mixpac owned twelve U.S. Frosty Bites Distribution, LLC, 369 F.3d

Advertising 75

Advertising Advertising Marketing Marketing 75

The TTABlog

APRIL 6, 2022

Applicant ADOL sought registration of the marks SKËNDERBEU and GJERGJ KASTRIOTI SKËNDERBEU (Stylized) for "beverages from wine distillates, namely, brandy and grape brandy." Priority: Applicant ADOL proved that it first used the subject marks in the United States in April 2004. ADOL Sh.p.k. See In re Bose Corp., ADOL owns a U.S.

Ownership 52

Ownership Registration Trademark Contracts 52

Selvam & Selvam Blog

NOVEMBER 3, 2022

The plaintiff has been using its ‘Fly High’ mark since 2004 for managing and operating training institutes for people wishing to join the aviation, hospitality, travel and customer care management industries. The case, Frankfinn Aviation Services Private Ltd.

Trademark 52

Trademark Social Media Registration Registering Trademarks 52

IP and Legal Filings

FEBRUARY 16, 2023

Image Sources : Shutterstock] A trademark’s removal from the trademark registration is the consequence of non-use. Also, IPAB and Indian Courts did not hesitate to cancel the registration of well-known International brands as it was observed in the case of Cadbury, Burger King and M/s Pops Foods Products (p) Ltd. Beri & Co.

Trademark 52

Trademark Registration Registering Trademarks Advertising 52

IP and Legal Filings

MARCH 7, 2022

The owner of a trademark is only protected if the trademark is registered with the Indian trademark registration. In India, the demand for trademark registration is growing by the day, demonstrating that people are becoming more aware of the importance of protecting their products. Registered Trademark. Allergan Inc. (AI)[2004].

Trademark 89

Trademark Law Registering Trademarks Branding 89

The IPKat

SEPTEMBER 26, 2022

It prohibits the registration and use of signs that are “detrimental to socialist morality or customs, or hav[e] any other adverse effect”. Article 10(8) of the PRC Trade Mark Law (2019 Amendment) concerns one of the absolute grounds for refusal/ invalidity. Background [ Case reference: 1st instance: Administrative Judgment No.

IP 88

IP Marketing Marketing Business 88

Indiana Intellectual Property Law

DECEMBER 23, 2022

Registration No. Registration Date. September 14, 2004. OPTISELECT. May 16, 2017. April 29, 2008. April 9, 2019. January 6, 2015. According to the Complaint, Defendant, First in Finishing, Inc.

Trademark 40

Trademark False Advertising Patent Registration 40

Selvam & Selvam Blog

APRIL 27, 2022

A trademark application filed post-April 12, 2004, is granted registration for 10 years from the date of application and can be renewed every 10 years. A request to renew a trademark in Pakistan should be made at any time during 6 months before the expiry of the trademark.

Trademark 40

Trademark Journalism Advertising Advertising 40

IP and Legal Filings

MARCH 7, 2022

The owner of a trademark is only protected if the trademark is registered with the Indian trademark registration. In India, the demand for trademark registration is growing by the day, demonstrating that people are becoming more aware of the importance of protecting their products. Registered Trademark. Allergan Inc. (AI)[2004].

Trademark 84

Trademark Law Registering Trademarks Branding 84

Corsearch

NOVEMBER 20, 2023

A study published in 2018 found that overall incidents of drug name confusion of all types had decreased when comparing two periods, 2000-2004 and 2012-2016 1. The branding work that pharmaceutical companies are doing to mitigate risks of confusion is critically important and is paying off.

Trademark 59

Trademark Brands Branding Branding 59

The IPKat

DECEMBER 14, 2023

The Bill repealed the previous Copyright Act of 2004 and ratified outstanding copyright treaties including the Marrakesh Treaty. In South Africa, the National Council of Provinces (NCOP) began the first set of public hearings on the Copyright Amendment Bill (CAB) to address the President’s reservations on the Bill passed in 2020.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

Biswajit Sarkar Copyright Blog

MARCH 26, 2022

The law governing the protection of geographical indications in India has been that of the Geographical Indications of Goods (Registration and Protection) Act, 1999. The remedies can be claimed under Section 67 of the Geographical Indications of Goods (Registration and Protection) Act, 1999 in the form of civil remedies and criminal remedies.

Intellectual Property 52

Intellectual Property Registration Design Designs 52

IP and Legal Filings

DECEMBER 23, 2023

However, a caveat to this is that the use of a similar mark can still be permitted on different products or services, though it may not be eligible for registration as a domain name. [3] 3] The problem of protection of Domain name was discussed by the Supreme Court in the case Satyam Infoway Ltd. Sifynet Solutions Pvt.

Trademark 52

Trademark Registration Trademark Law Business 52

IP and Legal Filings

NOVEMBER 27, 2022

In the case of Cadbury v Nestle , Cadbury applied for Trademark in the UK under the class 30 (food stuff) for milk chocolate and drinking chocolate in the year 2004. This registration application for trademark of the hue, was sternly opposed by Cadbury’s staunch foe, Nestle. Nestle contended that.

Trademark 52

Trademark Brands Branding Branding 52

The TTABlog

DECEMBER 12, 2024

11, 2017) [pdf here ], in which the court granted Plaintiff Cesari's motion for partial summary judgment on its trademark infringement claim, ruling that preclusion applied to the issue of likelihood of confusion based on a 2004 TTAB decision. Several commenters, and yours truly, criticized that ruling.

Trademark 40

Trademark Registration Copyright 40

azrights

JUNE 7, 2022

This is one of the many misconceptions about IP that I’ve noticed since starting my business in 2004. They treat IP as if it’s just about due diligence searches on names and trademark registration. Most people assume intellectual property is primarily a distress purchase.

Business 59

Business Marketing Marketing Designs 59

IIPRD

OCTOBER 4, 2022

Secondly, the Ethiopian government intended to increase their exporters control and bargaining power in the market, and thirdly, due to a large number of smallholder producers, the registration of GI was exceptionally difficult. An Unprecedented Precedent. The EIPO’s initiative has undeniably set a precedent for change.

Intellectual Property 40

Intellectual Property Trademark Registration Licensing 40

LexBlog IP

NOVEMBER 23, 2022

Further, the Defendant asserted that the mark FLY HIGHER was descriptive of the Defendant’s services; and was used by the Defendant only for promotional purposes (in conjunction with the well-known VISTARA Mark) – not as a trademark.

Trademark 52

Trademark Registration Advertising Advertising 52

LexBlog IP

MARCH 28, 2022

More times than not, issues of ownership come to a head when it is time to apply for a trade mark registration, engage in due diligence to raise funding or sell, or when a business needs to enforce its trade mark rights. PLM operated a hotel and resort in Bali under the trade name Viceroy, which was promoted in Australia from 2004.

Ownership 52

Ownership Intellectual Property Content Creation Business 52