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TTABlog Test: Are These Two Bird Design Marks Confusingly Similar for Clothing?

The TTABlog

In this battle of the birds, frequent TTAB plaintiff Abercrombie & Fitch opposed an application to register the mark shown below left, for various clothing items, claiming a likelihood of confusion with its registered design mark shown below right, for overlapping clothing items. 82 USPQ2d 1629, 1640 (TTAB 2007). Hard to swallow?

Designs 54
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Bombay High Court Rules that Copyright Registration of a Label is not Compulsory

Kashishipr

The label in question was designed by an employee of SK Oil Industries. In May 2007, the label mark ‘SOYA DROP’ was registered. The argument that copyright protection and trademark registration were two different things and lacked connection and that an individual or entity couldn’t own both was wholly incorrect.

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Design Cancellation

Biswajit Sarkar Copyright Blog

The registered owner of a design is granted unrestricted rights to their registered Designs in India. The right to cancel a design registration is one of these rights. The Act and Rules relating to the Design Law of India clearly detail the cancellation procedure. PROCEDURE.

Designs 52
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Italian Supreme Court refers questions to CJEU on conflicts between GIs and trade marks

The IPKat

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. Image from Pixabay. The other wineries had been using the word "Salaparuta" on their labels. Article 14.3

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Court of Appeal of England and Wales reminds rightholders to monitor trade mark registers to avoid acquiescence

The IPKat

Those machines have been imported into the UK for distribution and sale since June 2013, and marketed using the acronym ICE and the following logo: Both the Claimant and the First Defendant have trade mark registrations in the United Kingdom.

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From Fruit to Fortune: Apple’s Trademark Journey and Their Fierce Protection Strategy

Intepat

This success is largely attributed to Apple’s effective trademarking of various designs and sounds related to its products and services. Notably, Apple trademarked its store design in the United States in 2011. Prior Registration and Use: Apple Inc. Cracking the Code: What Sets Apple’s Trademark Apart?

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Suffolk University Law School IP Center, Fourth Annual Intellectual Property & Innovation Conference

43(B)log

Design patents play a role when we have them, typically a handbag/jewelry/diamond cuts/chain designs/shoes. Issue: legal is often the last to know of new designs, so you need to know before the design is launched: need to explain that legal needs to be part of the process. More partial designs.