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In another of those battles between a rock band and one of its members, the Board again sided with the band, granting a petition for cancellation of a registration for THE PLIMSOULS for "entertainment in the nature of live performances by a musical band." The band is entitled to request cancellation of the involved registration for its name.
Belmora ) had the TTAB tackled this issue, and here it reached the same outcome: cancellation of two registrations on the ground that Registrant Meenaxi used its registered marks THUMS UP and LIMCA to misrepresent the source of its soft drink products. Otto Kern GmbH , 83 USPQ2d 1861, 1863 (TTAB 2007). Meenaxi Enterprise, Inc.
In May 2007, the label mark ‘SOYA DROP’ was registered. NTC even referred to the Bombay High Court’s judgment in Dhiraj Dharamdas Dewani vs. Sonal Info Systems Pvt Ltd, where it held that Copyright Registration is compulsory to maintain a civil or criminal action under the Copyright Act of 1957.
Originally posted 2007-12-28 10:31:49. Survey evidence cited by the parties in the case […] The post How important is copyright registration? Survey evidence cited by the parties in the case […] The post How important is copyright registration? Republished by Blog Post PromoterThis important (pdf).
The TTAB did not go there, but instead refused registration after concluding that the mark was “merely descriptive.” ” “A term is merely descriptive if it immediately conveys knowledge of a quality, feature, function, or characteristic of the goods or services with which it is used.” 3d 960, 963 (Fed.
For the moment, the only available registration route is via a direct application, EU GI owners to the Indian authorities , and Indian GI owners to the EU authorities. Earlier trade negotiations In 2007-2013, the EU and India had already attempted to conclude a trade agreement, the so-called Broad-based Trade and Investment Agreement (BTIA).
He registered “scottrigsbyfoundation.org” with GoDaddy.com in 2007. “Rigsby’s suit under § 1125(a) is essentially a repackaging of secondary liability claims, targeting the domain registrar directly for the acts of the registrant.” They have gotten rarer, and the Gonzalez opinion may make them extinct. Lanham Act.
Petitioner Phat Scooters moved for partial summary judgment on its claim that the registration is void ab initio because the application was not filed by the rightful owner of the mark. The Board construed the response to the summary judgment as a "cross-motion to amend the registrations due to a correctable owner's mistake."
Since our founding in 2007, we have registered over 2500+ trademarks and patents for clients across the United States, including the Washington, DC area. We offer flat rates and fixed fees for trademark registration services in Washington DC.
The issue has simmered on SpicyIP pages since 2007. In July 2007, Aysha Shaukat’s post first discussed how Pakistan was planning to take legal action against India for patenting ‘Super Basmati’. What’s in the GI Registration numbers? : Do they really serve the purpose of registration under the GI Act? In 2008, Prof.
84 USPQ2d 1845, 1847-48 (TTAB 2007) (temporary nature of specimens is not a characteristic that is “fatal” to registration). While the mark is not preprinted onto the tag, the fact that Applicant printed a label that it affixed to a preprinted tag is not prohibited nor does it make the specimen a mockup. See In re Chica, Inc.,
Similarly, in the early 1980s, Taco John’s, a regional fast-food chain based in Wyoming, filed an application for registration of the trademark ‘Taco Tuesday’. In 1989, the United States Patent and Trademark Office (USPTO) granted the registration with Registration no. 1572589 under Class-43 in favor of Taco John’s.
Hashtags began to be first used on Twitter by Chris Messina in 2007, and since then, there has been no looking back. In the United Kingdom, a hashtag can be trademarked if it is not entrapped by section 3(1)b of the Trademarks Act, 1994 – as per which a mark can be refused registration if it is devoid of distinctive character.
Originally posted 2007-08-05 10:29:43. Republished by Blog Post PromoterA proposed “Domain Registrant’s Code of Rights and Responsibilities.” ” Hat tip to Domain Name News. The post Masters of their domain appeared first on LIKELIHOOD OF CONFUSION™.
An Insight into the Nexus between Customs and Trademark Laws Trademark laws protect the identity of brands through exclusive rights granted to the owners of registrations. Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007, which empower customs authorities to act against counterfeit goods, are framed under the Customs Act.
The viability of title registrations with societies and guilds has also been a major aspect of discussion for film title registrations. These entities generally do a check to avoid duplication before registration, however, such registration lacks legal sanctity. Lyca Productions v. Was The Court On Track?
In 2007, I began attending sessions of the World Intellectual Property Organizations (WIPOs) Standing Committee on Trademarks, Industrial Designs, and Geographical Indications (SCT) in Geneva, Switzerland, to discuss the development of the Design Law Treaty.
Whirlpool was able to claim rights over its trademark in this country, even though it didn’t have a physical presence here and did not have any registration at that time. Cadbury UK Limited Vs. Neeraj Food Products, 142 (2007) DLT 724 [1] Trade Marks Act, No. 7] Cadbury UK Limited Vs. Neeraj Food Products, 142 (2007) DLT 724.
AI and Copyright: More Developments – Human Prompts are Not ‘Direct Instructions’ After the Thaler case, the US Copyright Office passed another interesting order on AI-generated works, this time refusing the registration due to the work’s failure to meet the de-minimis threshold. Dr. Reddy’s Labs Ltd. Promoshirt SM SA v.
The Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 and The Customs Act, 1962 form the legal basis for Customs Recordal of IPRs in India. A Unique Temporary Registration Number (UTRN) is generated on filing the online application. Images of genuine goods (for trademarks and designs).
In a case decided under the TTAB's ACR regime, the Board granted a petition for cancellation of Nema Foods' twenty-year old registration for the mark SEYIDOGLU (in standard form) for various food items, finding that the mark falsely suggests a connection with Petitioner, a major manufacturer of food products, including Turkish desserts and jams.
In round two of what one person (me) dubbed the "Tinker Bell Fairy Fracas," the CAFC affirmed the Board's decision [ TTABlogged here ] sustaining a Section 2(d) opposition to registration of TEEN TINKER BELL and TEEN TINK & Design for dolls. The Board found that the mark's commercial strength overcame any conceptual weakness.
The case concerned the Australian trade mark registration for the words "KATIE PERRY" (No. She settled on the brand name Katie Perry and started her own fashion label in 2007. Where there exists a penumbra of uncertainty in the scope of the registration, this would not generally be resolved in favour of the trade mark owner.
Abdul Sathar v Nodal Officer, Anti-Piracy Cell, Kerala Crime Branch Office & Anr, 2007. Sureshkumar S/o Kumaran v the Sub Inspector of Police, 2007. Andhra Pradesh. Non-Cognizable and Bailable. Cognizable and Non-Bailable. Cognizable and Non-Bailable. State Govt. of NCT of Delhi v Naresh Kumar Garg, 2013.
Registration of films titles with associations Another way to go for producers or production houses in to register their titles with Associations namely like, the Indian Motion Pictures Association and the Indian Film and Television Producers Council (IFTPC). [12] These registrations aid in allocating precedence. Mondaq (Dec.
2007)) and the “ My Other Bag ” tote bag (Louis Vuitton Malletier, S.A. This from a Court that has struck down two statutory trademark registration provisions for burdening speech. Every commercial parodist trades on the goodwill of the famous trademark it mocks. The “ Chewy Vuiton ” dog toy (Louis Vuitton Malletier S.A. 3d 425 (S.D.N.Y
Chris Messina was the first to introduce hashtags on Twitter in 2007, and there has been no going back since. Obtaining trademark registration for the firm’s unique hashtags gives the company an advantage if another company uses the same hashtag to advertise a competitive product or service in the same sector.
As to commercial strength, there were no third-party uses or registrations of the same or similar sun-kissed formative marks in the industry. Opposer submitted sales and marketing expenditures for fresh fruit from 2013 to 2021 and for carbonated soda from 2007 to 2021. It failed to do so.
A company called Pure Seed had obtained US Plant Variety Protection (PVP) certificates for a fescue grass variety called 'Seabreeze' in 2000, followed by its glyphosate-tolerant successor variety called 'Seabreeze GT' in 2007. If the mark is already in use as a denomination, the examiner must refuse registration or require a disclaimer.
Regardless, this can be remedied by ensuring that the owner provides proof of the existence of the right by way of a registration certificate or a certified copy. 41 /2007-Customs dated October 29, 2007. 1] The Rules previously provided protection for patents as well. 2] Circular No.
CHRISTMAS became a registered trademark for “Christmas Ornaments and Decorations of the Non-Electrical Type” way back in 1966 (Registration No. ” Scrooge wasn’t the only one who had that idea: a business owner registered ALWAYS CHRISTMAS & Design as a service mark in 1995 (Registration No. 75800094).
The turn of his career path towards working as a patent professional took place in 2007, when he was enrolled as patent examiner at the Swedish Patent and Registration Office.
Burstein: there are still children pending from the iPhone application filed in 2007. Maltbie: with fashion designs it’s possible to miss your window—you can get a TM registration and have no one to enforce it against by the time it issues. Maltbie: would like to see more on enforcement: how close does it have to be?
Dollar began using MONEY MART for "certain services in 1984 that fit under the the labels 'loan financing, check cashing, and electronic fund transfer services,'" and it owned a 2007registration for the mark for "loan financing" services. Here, as the court concluded, the services are not the same.
Since there were no limitations in the application or pleaded registrations as to channels of trade and classes of consumers, the Board presumed that the goods travel in the same, normal channels to the same consumer classes. 82 USPQ2d 1629, 1640 (TTAB 2007). So it all boiled down to the marks. The Wet Seal, Inc.
This case reminds me a lot of a lawsuit that Woody Allen successfully brought against American Apparel back in 2007. The copyright registrations referenced in the complaint are from various episodes of “Da Ali G Show,” in which Borat first appeared.) Woody Allen v. American Apparel.
Schiedmayer Celesta GmbH , [2020-1196] (September 1, 2021), the Federal Circuit affirmed the TTAB’s cancellation of Piano Factory’s registration on Schiedmayer for falsely suggesting a connection with Schiedmayer in violation of Section 2(a). In Piano Factory Group, Inc.
Previously, the Court of Appeals for the Federal Circuit’s (Federal Circuit) held in In re Bose that a trademark is only obtained fraudulently if the applicant or registrant knowingly makes a false, material representation with the intent to deceive the USPTO. [2] The defendant made such a claim regarding the mark at issue.
. • The practice set out in the Examination Guide is silent as to how the Registrar’s enforcement of the protection of famous names under section 3(6) is to be reconciled with the existence of a relative right to object and the express prohibition contained in Article 2 of the Trade Marks (Relative Grounds) Order 2007.
The Defendant, Crepini, LLC (“Crepini”), was apparently founded in 2007 with “the dream of bringing crepes into every North American household.” Trademark Registration Nos. Crepini allegedly sold its egg white thins products in at least three different packaging styles from early 2018 through 2019. Per the Complaint, Crepini owns U.S.
A symbol or design is generally eligible for trademark registration if it can function as a source identifier of goods and services, is not similar to a prior mark or in conflict with other prior rights of a third party, and is not otherwise prohibited by trademark or other laws in China. Unlike the U.S.,
It started trading in India in around 1992 under the mark “SAP” and applied for trademark registration in 1999. However, the application was opposed by Swiss Auto Products (Respondent) in 2007, and the notice of opposition was received by the Appellant on 24 October, 2011.
The Indian Hotels Company Limited filed a Trademark Application for the Taj Mahal Palace Hotel in Mumbai and obtained its registration. Class 35 – Dealing with office functions, advertising, business administration, and business management. Trademark for the Taj Mahal Palace Hotel.
This case sets an important precedent for tacking use of a mark in the trademark registration context and highlights the limitations of tacking as a strategy for establishing priority. The dispute centered on Bertini’s opposition to Apple Inc.’s
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