IP and Legal Filings

NOVEMBER 1, 2023

Frank Schechter which says that a common (Generic) name can be registered by anyone, but no one has the exclusive right to that trademark, For instance, the renowned brand Apple has its trademark registered under various classes but the word ‘apple’ diluted under class 29 of the food category. Court refused the registration for Philips Co.

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Trademark Registering Trademarks Brands Branding 105

IPilogue

SEPTEMBER 22, 2021

(MJT) applied to the United States Patent and Trademark Office (USPTO) seeking registration for use of the word “THE” on clothing, handbags, and related goods. Although OSU claims to have used the mark in commerce since August 2005, MJT’s application was filed earlier. THE dispute between the two parties continued from there.

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Trademark Registration Brands Branding 105

Biswajit Sarkar Copyright Blog

MAY 1, 2021

Marc Jacobs in May, 2019 filed an application with the USPTO (United States Patent and Trademark Office) for trademark registration of the word “THE” alone for use on clothing such as t shirts, hats and baseball caps. In order for “THE” to be trademarked it must be used with other additional words to make it more unique and less generic.

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Trademark Registration Brands Branding 52

Biswajit Sarkar Copyright Blog

MAY 1, 2021

Marc Jacobs in May, 2019 filed an application with the USPTO (United States Patent and Trademark Office) for trademark registration of the word “THE” alone for use on clothing such as t shirts, hats and baseball caps. In order for “THE” to be trademarked it must be used with other additional words to make it more unique and less generic.

Trademark 52

Trademark Registration Brands Branding 52

Biswajit Sarkar Copyright Blog

MAY 1, 2021

Marc Jacobs in May, 2019 filed an application with the USPTO (United States Patent and Trademark Office) for trademark registration of the word “THE” alone for use on clothing such as t shirts, hats and baseball caps. In order for “THE” to be trademarked it must be used with other additional words to make it more unique and less generic.

Trademark 52

Trademark Registration Brands Branding 52

Kluwer Copyright Blog

NOVEMBER 26, 2023

Years later, in 2005, the U.S. Copyright registration may be obtained to create a public record of the work and to assist the copyright owner in enforcement of their rights. Copyright registration in the U.S. Copyright Office have failed to show sufficient human involvement to allow their registration to proceed.

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Registration Copyright Law Artwork Copyright 58

The IPKat

MAY 2, 2023

However, this argument did not satisfy the Court, which on the contrary, specified that it was those characteristics that are specific to Lidl’s brand. Tesco also claimed that Lidl had applied to register the latter as a trade mark in bad faith.

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Artistic Work Registration Copyright Copyright Infringement 90

LexBlog IP

MAY 3, 2022

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. The most famous 3D mark in China is Ferrero S.PA.’s

Designs 52

Designs Design Trademark Intellectual Property 52

The TTABlog

OCTOBER 15, 2024

91275100 (October 8, 2005) [precedential] (Opinion by Judge Cheryl S. The Board then found confusion likely between the two marks. DowntownDC Business Improvement District v. Clarke , Opposition No. Applicant Clarke was hired by Opposer BID as a "Digital Content and Design Assistant."

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Licensing Business Registration Brands 48

The TTABlog

JANUARY 4, 2022

It granted a petition for cancellation of a registration for the mark DANTANNA’S for “steak and seafood restaurant” on the ground of fraud. Therefore, the Board held that “[i]n matters of trademark registration and maintenance, where the USPTO relies on declarations to be complete, accurate, and truthful.

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Registration Ownership Licensing Trademark 57

IP and Legal Filings

FEBRUARY 2, 2024

The Trademarks Act of 1999 does not forbid the use of names of gods or goddesses, religious symbols, or figurines in and of themselves; But it simply limits the registration of the mark under the Trademarks Act’s Section 9(2)(b), as is shown while reading the clause. 7] 2005 (3) AWC 2097. [8] In Parul Food Specialities Pvt.

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Trademark Law Trademark Law Service Mark 98

Technology & Marketing Law Blog

JULY 5, 2021

Pattern Brands, Inc., First, as discussed above, these searches have only a limited usefulness in establishing whether PRETZEL CRISPS is generic due to the more than a decade (and $50 million in advertising and marketing expenditures) that has passed since the challenged registration of the mark in 2005. April 1, 2021).

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IP Social Media Fair Use Brands 85

43(B)log

APRIL 29, 2024

23, 2024) Hetronic has US registrations; Abitron sold Hetronic-branded products without permission to customers around the world, including in the United States. Hetronic terminated its licensing and distribution agreements with Abitron, but Abitron continued to sell Hetronic-branded remotes without Hetronic’s authorization.

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Advertising Advertising Trademark Brands 59

The IPKat

JULY 3, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on a brand-new decision issued by the General Court of the European Union on 3 July 2024 in an interesting design case (Case T-329/22). On 24 July 2020, Canalones Novokanal S.L.,

Designs 64

Designs Design Art Law 64

SpicyIP

JANUARY 29, 2024

Other Posts Journey Through “Decembers” on SpicyIP (2005 – Present) Image from here Sit back, relax, and sift through the pages of December’s posts on SpicyIP this weekend! Tech giants Nokia and Oppo enter into a cross-licensing agreement ending their patent disputes across multiple jurisdictions!

Music 59

Music Intellectual Property Copyright IP 59

SpicyIP

MAY 15, 2023

Recently, tech brands Rario and Striker found themselves in a tussle over the exclusive right to use images and names of famous cricket players on their respective Online Fantasy Sports Platform. Since the petitioner has priority over both registration and the user of the said trademark, the court, thus, ordered the Ld.

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Trademark Registration Cease and Desist IP 104

IIPRD

SEPTEMBER 30, 2021

Effective and timely registration of IPs is now what the company strives for. In 2005, Qualcomm generated about 58% of its $5.7 cola brand is estimated to be worth US$80 billion. They cannot take any risk when it comes to their IPs, since it is the IP that derives profit for the company. In New Zealand, SMEs account for 37.3%

IP 52

IP Licensing Intellectual Property Marketing 52

SpicyIP

DECEMBER 24, 2023

Other Posts Journey Through “Novembers” on SpicyIP (2005 – Present) Sift through the pages of November(s) posts on SpicyIP in another round of SpicyIP flashbacks by Lokesh. SpicyIP intern Vedika discusses this development. Inventprise Inc. vs The Controller of Patents & Anr. Pharmacyclics LLC & Anr. vs Hetero Labs Limited & Ors.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

SpicyIP

OCTOBER 16, 2024

Template from here In the foreground of today’s fiercely competitive offline and digital marketplaces, where brands engage in neck-to-neck battles for visibility, the role of colours in trademarks has become a focal point of legal discourse. The Roots of Overbroad Protection in India From the decision in Colgate Palmolive v.

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Trademark Registration Brands Branding 105

IIPRD

FEBRUARY 23, 2021

Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention. The National IPR Policy of 2016 has resulted in increasing IP registration since its inception.

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IP Intellectual Property Business Brands 40

IIPRD

JUNE 13, 2024

Which states that for copyright registration only “the details of the person(s), who has actually created the work i.e. only natural person (human being), should be provided” Also, section 57 of the act says that the author has Moral rights, and incorporates the right to paternity and the right to integrity. 6] Thaler V Vidal, No.

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Intellectual Property Inventor Invention Trademark 59

LexBlog IP

JULY 5, 2022

” [1] The best part about a copyright is that its registration is typically inexpensive and straightforward. § 102(a); see also Pride Family Brands, Inc. Copyright protects “original works of authorship” fixed in any tangible medium of expression, such as “pictorial, graphic, and sculptural works.”

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. 102(a); see also Pride Family Brands, Inc. Copyright protects “original works of authorship” fixed in any tangible medium of expression, such as “pictorial, graphic, and sculptural works.” [1] Turner Heritage Homes Inc.,

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Intellectual Property Design Patent Design Designs 40

IP and Legal Filings

MARCH 29, 2022

There are different legislations and acts such as the Patents (Amendment) Act 2005, Copyright (Amendment) Act 1999, The Trademark Act 1999, The Designs Act 2005, and many more to regulate and protect India’s intellectual property rights. million sellers are involved worldwide in Amazon for business purposes.

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Intellectual Property Intellectual Property Law Artistic Work IP 52

Canadian Intellectual Property Blog

FEBRUARY 3, 2021

The expansion of the legal definition of a trademark in Canada, in conjunction with the potential perpetual term of protection, offers brand owners significant incentive to employ a multi-pronged approach in the protection of their products and services. 2005 SCC 65. MBM offers initial consultations at no charge. 1] Kirkbi AG v.

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Trademark Brands Branding Branding 52