SpicyIP

SEPTEMBER 8, 2024

IP, trade, and Customs: As I trawled through the past posts, a 2009 post caught my attention: ‘twas Prof. Comparative Advertising: As I read this decade-old post on comparative advertising, centered around the SAFFOLA vs. FORTUNE battle, I thought of revisiting the two-decade conversation on this ever-relevant topic.

Advertising 111

Advertising Advertising IP Patent 111

SpicyIP

NOVEMBER 2, 2021

For the benefit of the reader, the diagram taken from the Trademark registry’s portal describe the entire workflow of an application from filing to its registration. Accepted & Advertised. Advertised before acceptance. The Dataset. The dataset consisted of 309,189 marks in total. Exam Report Issued. Rectification Filed.

Reporting 126

Reporting Trademark Advertising Advertising 126

IP and Legal Filings

SEPTEMBER 14, 2023

The hypothesis for the study was whether, if the applications for registration of goods contained “green signs” applied to them, they were indicators of the brand being driven by the ideas of sustainability or environmental consciousness. The hypothesis was confirmed, hence popularising the concept of eco-marks among the business giants.

Brands 98

Brands Branding Branding Trademark 98

The TTABlog

JULY 29, 2021

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.

Registration 40

Registration Cease and Desist Ownership Advertising 40

IP and Legal Filings

OCTOBER 30, 2023

A straightforward pink sans-serif typeface was used for the 1959 original trademark registration. Over time, the trademark underwent five changes before returning to its original form in 2009. However, a trademark needs to be distinctive in order to be eligible for registration and legal protection.

Trademark 98

Trademark Brands Branding Branding 98

The IPKat

SEPTEMBER 22, 2022

According to the Court, the advertising and promotional activities for the marks relating to hotel and ancillary services constitute acts of use of an EU trade mark. For the most part, when looking for a hotel room, Merpel does not look for "standard" services. The EU trade mark was registered in 2011.

Advertising 40

Advertising Advertising Intellectual Property Marketing 40

SpicyIP

MAY 10, 2023

1055/DELNP/2009 for the invention –“Process Device with Density Measurement” and the subsequent rejection order (dt July 7, 2017) passed by the Controller. The T hree Orders Now, let’s look at the three cases in hand. Rosemount Inc.

Trademark 126

Trademark Invention Patent Art 126

The TTABlog

AUGUST 15, 2022

In an exhaustive and exhausting opinion, the Board granted petitions to cancel two registration for the mark OLD SCHOOL for various clothing items, on the ground of abandonment. The Board found that the registrant, despite claiming attempts to sell or license the mark, had discontinued use of the mark with an intent not to resume use.

Registration 40

Registration Cease and Desist Brands Branding 40

IP and Legal Filings

JANUARY 5, 2023

The plaintiff has made various efforts to make their trademark famous like advertising and has hosted various sports and cultural events including international cricket matches. The plaintiff by these advertisements has gained a big market all over the world. COURT’S DECISION.

Trademark 98

Trademark Brands Branding Branding 98

43(B)log

AUGUST 18, 2021

were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. The Composite Design Mark registration specifically acknowledged that it made “no claim. the public about the STURGIS Registrations.”

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

Indiana Intellectual Property Law

DECEMBER 23, 2022

according to their website, was formed by Monte McClung in 2009 after a 20 year Career at Gema. Registration No. Registration Date. 271 , Trademark Infringement, Trademark Counterfeiting, and Unfair Competition, False Designation of Origin, and False Advertising, under 15 U.S.C. §§ 114 and 1125(a). OPTISELECT.

Trademark 40

Trademark False Advertising Patent Registration 40

IP and Legal Filings

JANUARY 19, 2023

Three industry organizations—the China Banking Association and the Payment, the Clearing Association of China, and the National Internet Finance Association of China—released a statement stating unequivocally that it is not permitted to provide services like registration, clearing, settlement, and trading.

Government 97

Government Marketing Marketing Business 97

The TTABlog

JANUARY 24, 2022

Fender Musical Instruments , 94 USPQ2d 1549, 1555 (TTAB 2009) (guitar shape). "[C]ourts A design may be so common in the industry that it cannot identify a particular source, in which case registration should be refused "on the ground that the proposed mark fails to function as a mark."

Designs 52

Designs Design Registration Music 52

LexBlog IP

MARCH 15, 2024

Throughout the twentieth century, many newspapers, advertisements, magazines, textbooks, and other reference materials used the term “red gold” to describe the gold-copper combination. From the decision: “Left untouched, pure gold is yellow. ” Plaintiff alleged that it has used the mark RED GOLD on watches since 1989.

Fair Use 52

Fair Use Social Media Trademark Advertising 52

43(B)log

OCTOBER 31, 2022

But the claim still failed for failure to plead registration of those photos, though again there was leave to amend. Lanham Act false advertising: The theory was that Meta misrepresented “the creation and ownership” of Logan’s photos. 3d 1137 (9th Cir. Baden Sports, Inc. Molten USA, Inc., 3d 1300 (Fed.

False Advertising 45

False Advertising Advertising Advertising Licensing 45

The TTABlog

AUGUST 2, 2021

For only the second time since the CAFC's 2009 decision in In re Bose , the Board upheld a claim of fraud, ordering cancellation of a registration for the mark FUJIIRYOKI for massage chairs. William Shen, the CEO of Respondent ACIGI, filed the underlying application and then assigned the registration to ACIGI soon after issuance.

Registration 40

Registration Ownership Licensing Trademark 40

The TTABlog

SEPTEMBER 23, 2022

Petitioner JNF LLC was undoubtedly unhappy with the result of its petition to cancel a registration for the mark HAPPIEST HOUR for bar and restaurant services. Registrant Harwood International enjoyed a constructive first use date of October 6, 2014, the filing date of its underlying application. TMEP Section 903.06 (2022).

Service Mark 40

Service Mark Registration Advertising Advertising 40

SpicyIP

NOVEMBER 8, 2023

Basheer, in his 2009 post, about Chantix, a Pfizer-patented anti-smoking drug, raised questions regarding transparency around the discretion to require local clinical trials. For collective marks, he argued that out of 10 collective mark registrations he examined, 9 were granted erroneously. and Class 5.2

Trademark 59

Trademark Publishing Journalism Copyright 59

The TTABlog

JUNE 10, 2021

The Board then applied the CAFC's Converse analysis to applicant's evidence: use of the proposed mark since 2007, approximately 250,000 units sold for $3M in revenue, $25,000 spent for advertising, promotion of mark on social media an on its website, and a ranking for several years as the best-selling and highest-rated pellet on Amazon.com.

Advertising 40

Advertising Advertising Social Media Marketing 40

SpicyIP

MAY 20, 2024

Shamnad Basheer 1976-2019; taken at NUJS, Kolkata circa 2009. The plaintiff also alleged that the examination of impugned trademarks was faulty, registration should have been denied under Section 11(1)(b) of Trade Marks Act, 1999. In response, the present rectification petition was filed to remove the subject registration.

Trademark 45

Trademark Advertising Advertising Invention 45

The IPKat

SEPTEMBER 24, 2021

Ownership of the registration was subsequently transferred to Sony Computer Entertainment Europe Ltd (the predecessor to Sony Interactive Entertainment Europe Ltd, ‘the applicant’). Background In July 2001, an EU trade mark application was filed for the word sign ‘Vita’ for certain Class 9 goods, and later registered in September 2005.

Marketing 59

Marketing Marketing Ownership Advertising 59

SpicyIP

OCTOBER 16, 2023

The court held that the defendant’s advertising falls under the ambit of permissible comparative advertising, rejecting the plaintiff’s claims and emphasized on a competitor’s right to prevent disparagement while allowing reasonable product promotion. . & Humans of Bombay Stories Pvt. POI Social Media Pvt.

Due Diligence 59

Due Diligence Invention IP Copyright 59

IIPRD

FEBRUARY 23, 2021

General Motors pledged its “Green Technology” patents for a period of 2 years when it faced bankruptcy in 2009. The National IPR Policy of 2016 has resulted in increasing IP registration since its inception. The pendency in IP registration applications have also decreased. In 2009, State Bank of India advanced a loan of over Rs.

IP 40

IP Intellectual Property Business Brands 40

Technology & Marketing Law Blog

JULY 17, 2023

Under §1114 (1)(a), liability hinges on both use in commerce and one of the following activities: The “sale, offering for sale, distribution, or advertising of any goods or services.” 2009) that Google’s sale of trademarks as search engine keywords was a use in commerce. Google Inc.

Blogging 75

Blogging Trademark Litigation Law 75

IP and Legal Filings

DECEMBER 6, 2023

the Apex Court held that one of the inherent aspects of the right to privacy as enshrined under Article 21 of the Constitution is the right to prevent others from using the person’s name or likeness without his consent for advertising or non-advertising purposes. OS) 1745/2009 Rajagopal and Ors. State of T.N.,

Privacy 105

Privacy Intellectual Property Law Intellectual Property Advertising 105