The TTABlog

OCTOBER 20, 2023

In a non-precedential ruling, the CAFC affirmed the TTAB's decision [ TTABlogged here ], granting a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. Actually, registrations are cancelled, not marks - ed. Text Copyright John L.

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Registration Trademark Service Mark Marketing 58

The TTABlog

JANUARY 8, 2024

The Board granted a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. However, "actual trademark use must follow the analogous use within a commercially reasonable period of time." Andrusiek v. Cosmic Crusaders LLC and Lewis J.

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Registration Trademark Social Media Design 58

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). The end result of the Court’s decision in Arthrex was to create a regime very similar to the trademark statutory scheme in place as of 2019.

Trademark 98

Trademark Registration Intellectual Property Music 98

The TTABlog

JUNE 17, 2024

In another chapter of the long-running battle over the HAVANA CLUB trademark for rum, the U.S. 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. Bacardi & Co. Vidal , Appeal No. 22-1659 (4th Cir.

Registration 53

Registration Trademark Intellectual Property Licensing 53

SpicyIP

SEPTEMBER 16, 2024

The Single Judge Bench (SB) consisting of Justice Sanjeev Narula made some intriguing observations regarding the trademarkability of the mark “Aashiqui” as a movie franchise and restraining its use by other entities. These entities generally do a check to avoid duplication before registration, however, such registration lacks legal sanctity.

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Registration Television Trademark Trademark Law 105

The IP Law Blog

FEBRUARY 1, 2024

The dispute involved a claim by Jack Daniel’s that a dog toy infringed a number of its trademarks. At the district court and on appeal at the Ninth Circuit, the issue was framed as whether a dog toy is an expressive work since trademark claims involving expressive works are analyzed under the Rogers test. Vip Products. Punchbowl Inc.

Television 113

Television Trademark Law Registration 113

The TTABlog

NOVEMBER 10, 2021

To be registrable, a proposed trademark must function as a source indicator in the eyes of relevant consumers. 78 USPQ2d 1861, 1862 (TTAB 2006). Hungerford Smith” to identify the source of its soft drink syrup; the proposed mark "Burgundy"appeared only as a flavor designation and not as a trademark. Text Copyright John L.

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Trademark Registration Designs Design 97

LexBlog IP

DECEMBER 19, 2023

‘Twas a day in December, when all through the blog, we were writing ‘bout trademarks, as if in a fog. When, what to our wondering eyes should appear, but holiday trademarks, so lovely and dear. The PTO said, as it reviewed the files, we’ve got holiday trademarks, we’ve got ‘em in piles! 1871712).

Trademark 52

Trademark Registration Registering Trademarks Service Mark 52

Greenspoon Marder LLP

APRIL 15, 2013

Although one company’s candy bar may have basically the same ingredients and taste quite a bit like another company’s candy bar, after a trademark ruling in January of this year, it cannot have the same shape. According to the Huffington Post , Nestle has won a trademark lawsuit against Cadbury.

Trademark 52

Trademark Registration Patent 52

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. The case clarifies that the bar on arbitrability of trademark disputes is not an absolute one. Golden Tobacco Ltd [Delhi High Court]. Jorawer Singh Mundy v.

IP 143

IP Intellectual Property Copyright Trademark 143

The IPKat

MAY 12, 2024

The dispute concerned 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. Background More wine cases for the CJEU. Image from Pixabay. Article 14.3 of Regulation (EEC) No 2081/9 ).

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Registration Branding Brands Branding 69

Garrigues Blog

FEBRUARY 7, 2023

In addition, collective trademarks identify goods or services of members of their association with respect to third parties. Furthermore, on March 12, 2013, the Morcilla de Burgos Manufacturers’ Association filed an application for the following Spanish collective trademark no. The existence of an earlier registration.

Trademark 52

Trademark Registration Intellectual Property Blogging 52

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 Design Designs 52

IP and Legal Filings

MARCH 28, 2024

V RGV Film Factory” [4] , the court rules that a movie title’s eligibility for trademark protection depends on its acquisition of secondary meanings and uniqueness. [5] These registrations aid in allocating precedence. MK, An analysis on Protection of film titles under Trademark Law , Surana & Surana (Dec.

Cinema 98

Cinema Copyright Blogging Registration 98

Kluwer Copyright Blog

OCTOBER 3, 2022

The proposed Design Law Treaty seeks to streamline the global system for protecting designs and builds upon earlier initiatives such as the work of the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications in 2006. European Commission, European Media Freedom Act.

Copyright Law 112

Copyright Law Copyright Law Music 112

IIPRD

JUNE 29, 2022

It was awarded the world’s most valuable luxury brand for six consecutive years (2006-2012), topping even Chanel, Gucci, and Dior. ’ Trademark: This refers to the brand’s name, emblems, and symbols that are used on premium goods to help differentiate Louis Vuitton products from those of other companies.

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

SpicyIP

MAY 30, 2024

from seeking rectification of FCB Garment Tex’s “IVANS” trademark. Inter alia, Vans Inc backed its arguments for rectification with its recent recognition as a well known trademark. For a well-known trademark, range of protection extends to dissimilar goods and services as well. The respondent, FCB Garment Ltd.

Trademark 45

Trademark Marketing Marketing Registration 45

LexBlog IP

DECEMBER 21, 2021

The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce.

Trademark 40

Trademark Registration Intellectual Property Litigation 40

Patently-O

OCTOBER 18, 2023

by Dennis Crouch In the trademark case of Great Concepts, LLC v. 18, 2023) , the Federal Circuit addressed whether fraud in a declaration of incontestability justifies cancelling the underlying trademark registration. Of course, this balance of powers question goes far beyond the patent and trademark systems.

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Registration Trademark Law Registering Trademarks 64

SpicyIP

MAY 15, 2023

Delhi High Court Sets Aside 3 Orders from the Patent Office and the Trademark Registry, in 1 day! Image from here The Delhi High Court has recently been remanding back a lot of unreasoned orders from the IP Offices rejecting a patent or trademark application. Case: Holyland Marketing Pvt. vs Vijay Pal Vineet Kumar And Co.

Trademark 104

Trademark Registration Cease and Desist IP 104

SpicyIP

JUNE 19, 2022

Vishal Pipes Limited filed a suit seeking permanent injunction against Bhavya Pipe Industry for infringement of trademark. The Delhi High Court noted that the suit was listed as a non-commercial suit even though the valuation of subject matter IP (which is the trademark in this case), appeared to be much higher. paragraphs 1-3).

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IP Marketing Marketing Trademark 126

The TTABlog

JULY 5, 2023

The Board rendered a split decision in this opposition to registration of the mark EVOGUE for a wide variety of consumer electronic devices and accessories, tossing out Opposer Advance Magazine's Section 2(d) claim but partly upholding its dilution claim, based on the registered mark VOGUE for, inter alia , magazines and mobile phone software.

Registration 40

Registration Trademark Ownership Advertising 40

Selvam & Selvam Blog

JULY 20, 2023

Charter 4 Corp, the plaintiff, claimed to have adopted the ‘Supreme’ mark back in 1994 in the United States and had been using it in India since 2006, gaining popularity among Indian customers. Justice Prathiba M. Justice Prathiba M.

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Branding Brands Branding Trademark 40

43(B)log

AUGUST 18, 2021

29, 2021) This is part of a long-running trademark case, now over 10 years old. For example (the details vary a little depending on defendant, but you get the picture): The STURGIS BIKE WEEK registration dates to 1997; defendants’ “Sturgis Motor Classic” came from 1997-98. Sturgis Motorcycle Rally, Inc. Rushmore Photo & Gifts, Inc.,

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

LexBlog IP

NOVEMBER 8, 2023

the Federal Circuit decided on whether the Trademark Trial and Appeal Board can cancel a trademark based on the inclusion of false statements in a declaration to obtain an incontestable status for the trademark. Background Great Concepts applied for and received trademark registration for DANTANNA’S, Registration No.

Registration 52

Registration Trademark Litigation Law 52

IP and Legal Filings

JANUARY 2, 2023

Som Mandal in the early months of 2002, and it wasn’t until the partners of Fox& Mandal, including his own father, sought for the registration in 2006 that it was denied by the Trademark Registry. In a later registration, Fox & Mandal changed the font and tacked on “Solicitors and Advocates.”

Registration 52

Registration Trademark Business Branding 52

Intepat

MAY 12, 2023

Understanding The Madrid Protocol The Madrid Protocol is an international agreement that enables individuals or businesses to obtain trademark protection in multiple countries through a centralized system. After successful registration, the trademark is considered to be granted and protected in the member states.

Registration 52

Registration Branding Brands Branding 52

IP and Legal Filings

OCTOBER 31, 2023

However, using a generic term as a trademark is a tricky play, SUN is a good example of an arbitrary trademark reason being as it is used for computer products and its extensive use has acquired distinctiveness. Indian Trademarks Act of 1999 prohibits the registration of generic trademarks under section 9(1).

Trademark 59

Trademark Trademark Law Registration Fair Use 59

43(B)log

SEPTEMBER 2, 2021

It allegedly used its Punchbowl mark since April 2006, and it has a 2013 registration for “Punchbowl” in connection with online communications services. Punchbowl sued it for trademark infringement and related claims. It uses “Punchbowl” because that is the Secret Service nickname for the U.S.

Fair Use 88

Fair Use Journalism Music Registration 88

LexBlog IP

OCTOBER 20, 2023

On Wednesday, a divided panel of the Federal Circuit issued a precedential decision reversing the USPTO’s cancellation of a registered trademark (Great Concepts, LLC v. In March 2005, the mark was registered ( Registration No. The USPTO refused registration at the end of the year based on the DANTANNA’S registration.

Registration 52

Registration Registering Trademarks Trademark Ownership 52

SpicyIP

MAY 23, 2022

Under the Trademarks Act, 1999, the legislature has explicitly mentioned that offences under Section 103, 104, and 105 of the Trademark Act, which may extend upto three years are cognizable offences (under Section 115(3) ). Here are the decisions where various High Courts have taken conflicting views: . High Court. Andhra Pradesh.

Copyright 137

Copyright Ownership Copyright Infringement Law 137

Patently-O

AUGUST 4, 2021

Notably, their application has been denied by the United States Patent and Trademark Office (USPTO), the United Kingdom Intellectual Property Office (UKIPO), and the European Patent Office (EPO). 2] University of Southampton’s Applications [2006] RPC 567 (CA) paras 22–25. [3] 1] Hay v African Gold Recovery Co 1902 TS 232 p 233. [2]

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Invention Patent Inventor Intellectual Property 128

Biswajit Sarkar Copyright Blog

DECEMBER 19, 2023

Definition of MSME The MSME Development Act, established in 2006, witnessed a significant overhaul in its definition within the Atmanirbhar Bharat package on May 13, 2020. Subsidies offered for Patent and Trademark (in selected categories) registration, encouraging innovation and protecting intellectual property.

Settlement 52

Settlement Intellectual Property Registration Design 52

LexBlog IP

FEBRUARY 1, 2024

The dispute involved a claim by Jack Daniel’s that a dog toy infringed a number of its trademarks. At the district court and on appeal at the Ninth Circuit, the issue was framed as whether a dog toy is an expressive work since trademark claims involving expressive works are analyzed under the Rogers test. Vip Products.

Television 52

Television Trademark Registration Government 52

Fish & Richardson Trademark & Copyright Thoughts

MAY 10, 2022

Trademark Registrations. [1] The 567 Investigation was originally instituted in 2006 based on a complaint filed by Crocs, Inc. (“Crocs”) alleging violation of Section 337 in the importation and sale of foam footwear. In March of 2020, Complainant Merck KGaA affiliate EMD Serono, Inc. Complaint, at 1.

Cease and Desist 52

Cease and Desist Registration Patent Trademark 52

SpicyIP

DECEMBER 17, 2023

Ankit Sahni’s AI “Co-authored” Artwork Denied Registration by US, Continues to be Registered in India Can AI (co)author art? Calvin Klein Trademark Trust & Anr vs M/S Guru Nanak International & Ors. 1253/DEL/2006 and 4197/DEL/2015) related to computer software based on earlier guidelines of the patent office.

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IP Trademark Advertising Advertising 59

LexBlog IP

JULY 5, 2023

On June 29, 2023, the Supreme Court adopted a restrictive view of the extraterritorial application of the Lanham Act, holding that federal trademark law cannot support a claim for trademark infringement against solely foreign conduct. commerce, meaning that profits lost to trademark infringers abroad cannot be recovered in U.S.

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Trademark Marketing Marketing Contracts 52