Technology & Marketing Law Blog

JUNE 8, 2024

In an April 2023 summary judgment ruling , the plaintiff established that it “possesses the legally protectable, incontestable trademarks TEXAS TAMALE and TEXAS TAMALE COMPANY.” The court said that the trademark owner had been using the trademark since 1985 and registered the trademark in 2006.

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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.

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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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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.

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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.

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SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. Assistant Controller of Patents and Designs , N.V.

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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."

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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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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.

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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.

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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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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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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.”

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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).

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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.

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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.

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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.

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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.

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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.

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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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Intepat

JUNE 18, 2024

Form and Requirements Form 9 : Request for publication Name, Address and Nationality of the Applicants Signatures of the applicant or the authorized registered patent agent Name of the Natural person who has signed To be addressed to the Controller of the Patent Office Form 18A: Request for Expedited Examination of Application for Patent Name of the (..)

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SpicyIP

MARCH 25, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the new Patent (Amendment) Rules, and some thoughts on safeguards which can be used by intermediaries to prevent trademark infringement. Anything we are missing out on? Drop a comment below to let us know. Pfizer Inc. & & Ors v.

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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.

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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). It should not be public information.

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IP and Legal Filings

OCTOBER 4, 2022

Patents (including utility models) are protected through registration with the UAE Ministry of Economy, Intellectual Property Protection Department (IPPD) and/or through the Gulf Co-operation Council (GCC) Patent which is administered by the GCC Patent Office in Riyadh, Saudi Arabia, and governed by the GCC Patent Law. Trademarks.

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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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The TTABlog

MARCH 28, 2022

Section 1(a)(1) of the Lanham Act requires that a trademark applicant submit a specimen depicting its mark as used. It "'all boils down to a judgment as to whether the designation for which registration is sought comprises a separate and distinct 'trademark' in and of itself.'" 81 USPQ2d 1446, 1448 (TTAB 2006).

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The IPKat

MAY 9, 2024

018171305 ) as well as case law ( R-51/2006-4 , R-2069/2020 ). 018840401 for the padlock and for the pendants under EUTM registration no. Comment Position trademarks in the footwear industry may enjoy protection where specific and distinctive elements are consistently placed on certain areas of a shoe.

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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.

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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.

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Kashishipr

AUGUST 18, 2021

What is Meant by a Family of Trademarks? Trademarks are distinctive marks, symbols, or labels used to differentiate goods belonging to one entity from that of another to avoid deception concerning the origin of those goods or services. Characteristics of a Family of Trademarks. I H W Management Limited DBA The Finchley Group.

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Kashishipr

OCTOBER 20, 2021

After the changes of 2005, the Madras Patent Office , in 2006, rejected the application from Novartis for the drug Glivec stating that the said drug did not exhibit any major changes in therapeutic effectiveness over its pre-existing form, which was already patented outside India.

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Intellectual Property Law Blog

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.

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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.

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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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IIPRD

NOVEMBER 14, 2023

The policy based considerations include the internal policies of e-commerce sites as well as registrations of companies for their IP. [6] Although there is no legislative action regarding trademark infringement over web but it has taken cognizance of role of intermediaries in safeguarding IPR. [24] 17] Imagine Marketing Pvt.

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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. Trademark as Collateral in the US.

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