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Federal Circuit’s Determination on Whether Fraudulent Conduct in Obtaining Incontestable Status Warrants the Mark’s Cancellation

Intellectual Property Law Blog

Background Great Concepts applied for and received trademark registration for DANTANNA’S, Registration No. In 2006, Chutter, Inc.’s First, the majority held that a Section 15 declaration is not necessary to maintain a trademark registration because it simply relates to the trademark’s status as incontestable.

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No retroactive protections for well-known trade marks against GIs for wines, says Advocate-General

The IPKat

The dispute concerns the geographical indication "Salaparuta" for Sicilian wine, which received protection in Italy in 2006, and then was registered as a Protected Designation of Origin (PDO) by the European Commission in 2009. The wine brand has been around since the nineteenth century and its trade marks are well-known.

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False Declaration of Incontestability Not Enough to Cancel US Trademark Registration

JD Supra Law

Great Concepts has owned Registration No. In 2006 Chutter Inc’s predecessor-in-interest, Dan Tana, petitioned to cancel the mark based on a likelihood of confusion with his common law DAN TANA mark, used in association with restaurant services.

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Finding the Real “Burger King”: Identical Marks & Prior Use in the Pune Eatery Case

SpicyIP

However, the visual similarity was only a supplementary point in the Courts finding of infringement which was primarily based on the identicality of the business names, and their registration under the same classes. to restaurant services only in 2006. Additionally, in Pratibha M. Relying on Syed Mohideen v P.

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Hot n Cold ruling from Australian Federal Court partially overturns Katy Perry trade mark decision

The IPKat

The case concerned the Australian trade mark registration for the words "KATIE PERRY" (No. On appeal, Ms Taylor argued that the judge had construed the specification too narrowly and should have also found that footwear, headgear, caps, hats and headbands fall within the KATIE PERRY registration.

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“Cacio Romano” does not infringe PDO “Pecorino Romano”, says Italian Supreme Court

The IPKat

13 and 14 Regulation No 510/2006 on geographical indications. 13(1)(b) Regulation No 510/2006, a registered name (i.e., 14 (1) Regulation No 510/2006. Specifications is a document, which is submitted as part of the application for registration of a PDO, and which describes in detail the methods and the area of its production.

Art 141
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USPTO awkwardly forgets to follow the rules on trademarks for grass varieties. but naming conflict still resolves amicably

The IPKat

It was unfortunate (and probably a bit costly) to rebrand after a year of marketing the new variety, but a necessary step to ensure that UGA could obtain a valid trademark registration. If the mark is already in use as a denomination, the examiner must refuse registration or require a disclaimer. What went wrong?