The IPKat

NOVEMBER 27, 2023

The claimant had goodwill dating back to 1992 and registrations from October 2015. The defendant had been using since 2013 with registrations from June 2015. The claimant successfully claimed infringement and the invalidity of the defendant’s registrations before HHJ Melissa Clarke sitting in the IPEC.

Editing 67

Editing Registration Branding Brands 67

The TTABlog

NOVEMBER 28, 2022

2006), upheld the USPTO’s long-standing precedent and practice of treating varietal names as generic, affirming the Board’s ruling that the term “Rebel,” as a varietal name for a type of grass seed failed to function as a mark. a trademark) and there is a different varietal designation, the term may be registrable."

Trademark 52

Trademark Registration Designs Design 52

IIPRD

NOVEMBER 14, 2023

There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. The scam can be at various levels and multi-facet forms including mimicking websites, selling cheaper copies of brands or even stealing ideas of originators [4]. 16] Rule 3, Information Technology Act, No.21,

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

IP and Legal Filings

OCTOBER 31, 2023

Indian Trademarks Act of 1999 prohibits the registration of generic trademarks under section 9(1). Image Sources: Shutterstock] Brief background Booking.com is a website for booking travel and lodging services that has been using the domain name “Booking.com” since 2006.Company trademark law. trademark law.

Trademark 59

Trademark Trademark Law Registration Fair Use 59

LexBlog IP

JULY 5, 2023

In 2006, Hetronic entered distribution and licensing agreements with Hydronic Steuersysteme GmbH (later purchased by Abitron Austria GmbH). These agreements authorized Hydronic to build and sell Hetronic-branded products so long as the parts were purchased directly from Hetronic. if] such use is likely to cause confusion.”

Trademark 52

Trademark Marketing Marketing Contracts 52

43(B)log

APRIL 28, 2022

That is, even assuming that authorizing referential uses counted, he didn’t do anything after distributing the 1986 award until 2006, nearly twenty years. Plaintiff’s 1980s USFL registrations lapsed. The 2011 registrations were acquired from an unrelated entity. They based their priority on use beginning in 2006.

Licensing 44

Licensing Advertising Advertising Registration 44

SpicyIP

MAY 10, 2023

965/DELNP/2006 and the patent office’s rejection order (dt. Shell Brands International AG v. Controller of Patents : Application cannot be rejected on new grounds of objections that were not raised previously Though the order does not mention the subject invention, it states that the dispute pertained to the Patent Application no.965/DELNP/2006

Trademark 126

Trademark Invention Patent Art 126

IIPRD

MARCH 17, 2023

This regulation provides the responsibility of the manufacturer, and as per this regulation, product registration is not necessary. However, the manufacturing, storage, distribution, sale, and import of nutraceutical products come into the purview of the Food Safety and Standards Act of 2006 (FSSA).

IP 52

IP Intellectual Property Marketing Marketing 52

SpicyIP

JUNE 19, 2022

The said mark, including the label, is stated to have extensive goodwill and reputation, having been adopted in 1988, with copyright and trademark registrations dating back to 2006. It is also stated to have spent “enormous amounts of money” in advertising and publicity. across India and worldwide. 1000/- and Court fees of Rs.

IP 126

IP Marketing Marketing Trademark 126

The IPKat

JUNE 23, 2022

Given that finding and clearing a new brand purely from a legal perspective can take months, it is interesting to note that when a Defendant loses an infringement case it will almost certainly be ordered to rebrand within days, weeks at the most. The parties were back in court in January for a form of order hearing.

Branding 70

Branding Brands Branding Litigation 70

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.

IP 40

IP Intellectual Property Branding Brands 40

SpicyIP

MARCH 25, 2024

Furthermore, directives were issued to domain registrants and relevant government departments to suspend access to infringing websites. Notices were served to all parties, with stipulated deadlines for responses, and compliance with procedural rules was mandated.

Trademark 52

Trademark Patent Copyright Confidentiality 52

Kashishipr

AUGUST 18, 2021

In the Bainbridge judgment (2006), the court, in reference to a family of marks, said that “they reproduce in full the same distinctive element with the addition of an element, graphic, or word, which differentiates them from each other or when characterized by the repetition of a single prefix or suffix taken from an original mark.”

Trademark 105

Trademark Registration Branding Brands 105

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. In this case, the Bombay High Court ruled that registration of copyright is not mandatory for obtaining relief in an infringement action.

IP 143

IP Intellectual Property Copyright Trademark 143

Intepat

MAY 12, 2023

The Madrid Protocol allows a brand to protect itself on an international level and gives a user-friendly, cost- effective and expeditious set of procedures in a single application. After successful registration, the trademark is considered to be granted and protected in the member states.

Registration 52

Registration Branding Brands Branding 52

The TTABlog

SEPTEMBER 7, 2021

The CAFC soundly upheld the TTAB's decision ordering cancellation of a registration for the mark SCHIEDMAYER for pianos [ TTABlogged here ] on the ground of false association under Section 2(a). 1092 (2006 ed.). The same result necessarily follows with respect to ATJs and the language of 15 U.S.C.

Trademark 98

Trademark Registration Intellectual Property Music 98

The IPKat

JULY 19, 2022

The event is open for registration here. The event is open for registration and more information about it can be found on the ALAI 2022 website. The aim of 4iP's webinar on 15 September 2022 (4:00pm, CEST) is to examine the potential use of IP of these licensing platforms to mitigate some of these roadblocks.

Licensing 70

Licensing Intellectual Property Contracts IP 70

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.

Trademark 104

Trademark Registration Cease and Desist IP 104

IIPRD

MAY 4, 2023

While branding may also be important, especially with larger, established companies, trademark protection is generally less critical because it may protect the name, but does not prevent competitors from copying the function or form of a medical device. 10] (2006) IIILLJ 540 Del. 9] Act 39 of 1970. [10]

Intellectual Property 52

Intellectual Property Invention Public Domain Patent 52

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 Designs Design 52

LexBlog IP

NOVEMBER 30, 2022

Varsity Brands , 137 S.Ct. Since 2006, a third prime time game has also been played on Thanksgiving. In 2022, the NFL branded the Thanksgiving games as the John Madden Thanksgiving Celebration, to honor the memory of head coach and broadcaster John Madden. [ Unlike the afternoon games, this game has no fixed teams.

IP 52

IP Intellectual Property Fair Use Trademark 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.,

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

43(B)log

FEBRUARY 23, 2024

You can also see it in Tam & Brunetti—little interest in how TM works, the relationship b/t registration and enforcement, even though that’s central to the Lanham Act. Similar with registration agencies—a firehose coming at them. What you’re seeing is cross-licensing/branding. This issue is not going to go away.

Trademark 44

Trademark Law Branding Brands 44

43(B)log

AUGUST 11, 2021

Significant rise in substantial similarity litigation starting in 2006—tripled. Share of 9 th Circuit opinions also exploded in 2006. Their studies: we might see tarnishment in the brand context, and stronger among conservatives. Control to tarnishment—They rated the brand as stronger if they saw the tarnishing stimuli.

Trademark 70

Trademark Copyright Branding Brands 70

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