The TTABlog

FEBRUARY 8, 2022

As previously noted, on May 29, 2009, Plaintiff filed the 2009 Opposition with the TTAB requesting that it refuse Mr. Gandhi's application for '654 mark due to Plaintiff's prior use of IDHAYAM. 7-1 at 5), and Mr. Gandhi subsequently denied the allegation in his December 28, 2009 Answer but did not specify his use of the mark (ECF No.

Litigation 75

Litigation Registration Branding Brands 75

SpicyIP

JULY 14, 2021

Olfactory marketing is not only employed by restaurants for their food, but is also often utilized in supplementing branding because just like a logo, it helps the consumer identify the experience associated with a service or product. But all small traditional businesses of Attars and Agarbattis may not enjoy such privilege.

Trademark 126

Trademark Registration Marketing Marketing 126

The IPKat

NOVEMBER 30, 2023

Furthermore, it was only after Italy claimed 'Prosecco' as a protected designation of origin that the EU declared the 'Prosecco' grape variety would be renamed as 'Glera' in 2009. Prosecco from Northern Italy had been in the Singapore market since about 2011.

Registration 135

Registration Advertising Advertising Law 135

IP and Legal Filings

OCTOBER 30, 2023

Barbie, a name synonymous with an unattainable standard of femininity and the concept of commercial feminism, was designed to captivate the toy market with all its glittery pink magnificence. Over time, the trademark underwent five changes before returning to its original form in 2009.

Trademark 94

Trademark Branding Branding Brands 94

IP and Legal Filings

JANUARY 5, 2023

To profit on the reputation of another brand, competitors began copying marks or acquiring deceptively similar trade marks with a desire to obtain the goodwill of well-known marks. 1] This empowers an enterprise to market its product effectively and allows consumers to differentiate between products of identical natures or classes.

Trademark 93

Trademark Branding Brands Branding 93

The IP Law Blog

SEPTEMBER 22, 2022

P and P Imports (“P&P”) sells outdoor games under its GoSports brand, and in December 2016, it began selling its “Giant 4 in a Row Game” that was based on the classic tabletop version. It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category.

Copying 98

Copying Marketing Marketing Advertising 98

The IPKat

JUNE 11, 2022

Do a quick Google search and you will find many sites explaining the history and significance of the phrase to Apple and its branding, and how it brought a new wave of popularity and interest to a floundering Apple company as of 1997.

Advertising 97

Advertising Advertising Reporting Registration 97

IP and Legal Filings

MARCH 7, 2022

As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. It demonstrates to a buyer where a product came from and how much he can trust that product based on the brand value associated with it. Trademark Infringement. Indirect Infringement. Remedies Available For Owner.

Trademark 66

Trademark Law Registering Trademarks Branding 66

Corsearch

FEBRUARY 28, 2024

In the vast world of intellectual property protections and expanding consumerism, which increases competition for market share, companies are constantly seeking ways to distinguish themselves and their products, and industrial designs provide an important option to do so. The growth rate was 0.8% in 2017, 14.6% in 2018, 3.9% in 2019, 19.3%

Registration 59

Registration Designs Design Intellectual Property 59

Garrigues Blog

DECEMBER 6, 2022

Can a well-known watch brand prevent the protection of another identical or similar trademark for other types of goods such as cosmetics? However, the reality of the market is quite different, since companies are increasingly operating under the same brand in the clothing, footwear, jewelery, watch and accessories industries.

Trademark 52

Trademark Branding Branding Brands 52

The IPKat

APRIL 23, 2023

On the other hand, the reputation of a trade mark will no longer be considered in concluding that a mark is “too famous” to be confused, as was the case in Mars Australia Pty Ltd v Sweet Rewards Pty Ltd [2009] FCAFC 174. The impact of the court’s position in considering surrounding circumstances has yet to play out in subsequent decisions.

Law 95

Law Registration Brands Branding 95

IP and Legal Filings

MARCH 7, 2022

As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. It demonstrates to a buyer where a product came from and how much he can trust that product based on the brand value associated with it. Trademark Infringement. Indirect Infringement. Remedies Available For Owner.

Trademark 61

Trademark Law Registering Trademarks Branding 61

Dragons' Den

NOVEMBER 28, 2023

They had come across a huge glaring gap in the market. Alison highlighted the fact that in a recent report looking at diversity in access to venture capital between 2009 and 2019, black female-led companies received 0.02% of the total amount invested. March Muses is now the leading brand for decorations of colour in the UK.

Intellectual Property 64

Intellectual Property Licensing Designs Design 64

IP and Legal Filings

FEBRUARY 2, 2024

Bhole Baba Milk Food Industries Ltd [8] , The Parul food Pvt ltd, sold ghee under the brand “Parul’s Lord Krishna,” which featured Krishna printed in a huge font, whereas the Appellant sold dairy products under the name “KRISHNA.” In Parul Food Specialities Pvt. In Freudenberg Gala Household Ltd v.

Trademark Law 96

Trademark Law Trademark Law Service Mark 96

IP Tech Blog

APRIL 17, 2023

Confirmation on Demand The Draft Amendment to the Trademark Law (Article 18) finally codifies the established practice that well-known status is neither a one-time decision by a higher administrative body (as it used to be before 2009) nor a permanent state. Therefore, well-known status is not a defined degree of notoriety.

Trademark Law 57

Trademark Law Trademark Law Branding 57

SpicyIP

MAY 15, 2023

Recently, tech brands Rario and Striker found themselves in a tussle over the exclusive right to use images and names of famous cricket players on their respective Online Fantasy Sports Platform. Case: Holyland Marketing Pvt. The defendants applied for registration of their mark on 13th April 2009.

Trademark 104

Trademark Registration Cease and Desist IP 104

DuetsBlog

JUNE 15, 2020

Rapala’s “More Hits Than Google” Billboard Update (Photo Included) (2009). And, by the way, what is your all-time favorite from the annual Rapala line up that we’ve been covering for a dozen seasons now (minus 2019, given my move)? Good Bye Google, Hello Whudjagiddumon? Rapala Taunts a Monster? Rapala: Happy Fishing on Mother’s Day (2012).

Registering Trademarks 52

Registering Trademarks Trademark Brands Branding 52

IP and Legal Filings

OCTOBER 12, 2021

In 2019, the global luxury wines and spirits market was valued at around $970 billion. Rise in foreign and Indian liquor brands registering for GI tags. Moreover, around 121 foreign liquor brands have submitted their papers before the GI registry of India through the European Commission in order to register their liquor varieties.

Registration 52

Registration Intellectual Property Marketing Marketing 52

Selvam & Selvam Blog

OCTOBER 31, 2024

The pharma industry too faces the issue of similar marks being branded and sold. This has led to a significant number of deceptively similar marks in the market. However, it is common for infringers to use a similar mark in the industry and try to reap the goodwill that the initial user had secured over years.

Trademark 52

Trademark Registration Branding Branding 52

SpicyIP

SEPTEMBER 29, 2024

Providing the evidence of its trademark registrations, extensive marketing campaigns and distinctive red-and-white trade dress, it claimed to have garnered significant consumer recognition, including celebrity endorsements. The plaintiff, which has used the “OROFER” mark since 1996, claimed significant market presence.

Trademark 105

Trademark Confidentiality Patent Application Copyright 105

LexBlog IP

APRIL 17, 2023

Confirmation on Demand The Draft Amendment to the Trademark Law (Article 18) finally codifies the established practice that well-known status is neither a one-time decision by a higher administrative body (as it used to be before 2009) nor a permanent state. Therefore, well-known status is not a defined degree of notoriety.

Trademark Law 52

Trademark Law Trademark Law Branding 52

Bio Law Blog

JANUARY 8, 2020

The Biologics Price Competition and Innovation Act of 2009 (BPCIA) was passed as part of health reform signed into law by President Obama in March 2010. In particular, after March 23, 2020 , a marketing application for a biological product that historically could have been submitted under Section 505 of the FD&C Act (e.g.,

Marketing 40

Marketing Marketing Settlement Litigation 40

SpicyIP

NOVEMBER 9, 2023

This patent (corresponding Indian application number: 220/DELNP/2005 ) has already expired in the ‘market’ with the most number of patients, i.e. India. One of these (1220/MUMNP/2009) was rejected by the Indian patent office earlier this year. As mentioned above, there are 4 more applications.

Patent 69

Patent Reporting Government Ownership 69

Selvam & Selvam Blog

NOVEMBER 3, 2022

vs Gujarat Co-Operative Milk marketing federation LTD. & While the court sided with an established brand in this case, it is rather interesting to note how the court decided to stay silent regarding the usage of trademarks as hashtags on social media and whether such use will amount to infringement.

Trademark 52

Trademark Social Media Registration Registering Trademarks 52

IIPRD

APRIL 3, 2024

Introduction The Indian fashion market is pegged at an impressive value of $50 billion, out of which 10% consists of international luxury brands. [1] Varsity Brands, Inc. , 2009 SCC OnLine Del 1647 Copinger, W. 2] This produces a higher opportunity for producing counterfeit goods. Tahiliani Design (P) Ltd.,

Artistic Work 45

Artistic Work Designs Design Copyright 45

LexBlog IP

SEPTEMBER 22, 2022

P and P Imports (“P&P”) sells outdoor games under its GoSports brand, and in December 2016, it began selling its “Giant 4 in a Row Game” that was based on the classic tabletop version. P&P sold its game through Amazon and eBay and climbed the best seller rankings on Amazon. ” Art Attacks Ink, LLC v.

Copying 52

Copying Marketing Marketing Advertising 52

43(B)log

MARCH 20, 2023

The state alleged that Plavix was less effective in patients who had certain liver-enzyme mutations, and that defendants knew this fact years before 2009, when the FDA updated Plavix’s label with information about the issue. In 2009, a BMS employee wrote: [I]t looks like we are into stalling some more.

Law 45

Law Advertising Advertising Journalism 45

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 risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. Objective 5.11.1

IP 40

IP Intellectual Property Business Branding 40

LexBlog IP

MAY 20, 2022

Typicality: With the 2009 updates , we lost the ability to say “results not typical” and were told to include the average typical results if they differed from the endorser’s personal experience. Is using such quotes with stock images an issue? Well, the FTC has begun to warm up to that idea. Lots to think about.

Social Media 52

Social Media Advertising Advertising Branding 52

The TTABlog

APRIL 6, 2022

Illyrian Import claimed to be the exclusive authorized distributor and brand agent of a company ("GKS") that continuously sold GJERGJ KASTRIOTI SKËNDERBEU and SKËNDERBEU brandy in the United States since 2002. Priority: Applicant ADOL proved that it first used the subject marks in the United States in April 2004. See In re Bose Corp.,

Ownership 52

Ownership Registration Trademark Contracts 52

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. A brand owner’s injunction now depends on the ad’s content, checking if the same confuses or causes blurring or tarnishment. and Class 5.2

Trademark 59

Trademark Publishing Journalism Copyright 59

43(B)log

AUGUST 28, 2024

Premier was aware of the no-effect studies; in 2011, the brand director for Joint Juice wrote, “there is no scientific evidence for chondroitin at 200 mg.” Premier didn’t dispute that it failed to comply with the 30-day notice—it began making the claims at issue in 2009 but didn’t notify the FDA until 2012.

Law 59

Law Advertising Advertising False Advertising 59

The TTABlog

JUNE 10, 2021

Nonetheless, applicant argued that relevant consumers perceive COOKINPELLETS.COM as its brand name," and the evidence showed that some third-parties use or understand COOKINPELLETS (with or without a space) and COOKINPELLETS.COM as capable of serving as a source indicator. In re Gould Paper Corp., 2d 1017, 5 USPQ2d 1110, 1112 (Fed.

Advertising 40

Advertising Advertising Social Media Marketing 40

Kashishipr

AUGUST 2, 2021

Intellectual Propriety (IP) rights holders are under the perpetual threat of counterfeit goods in the market that is growing exponentially with advancing technology and a surge in cross-border trade among countries.

IP 105

IP Intellectual Property Registration Registering Trademarks 105

LexBlog IP

FEBRUARY 2, 2023

For example, the 2008 recession saw a flood of patents hit the market and land in the hands of NPEs. The 2023 recession will involve a healthy dose of inflation that will prevent the Federal Reserve from reducing interest rates and flooding the market with capital. 6] Why is patent litigation so tied to the capital markets?

Litigation 40

Litigation Patent Troll Settlement Technology 40

43(B)log

AUGUST 17, 2021

That wasn’t absolutely required; a number of the plaintiffs had modeled for Playboy, and there were at least 11 references to Playboy in the responses, but “Playboy itself is a strong brand. But while they share a marketing strategy, Plaintiffs and Defendants “each perform different functions within the marketplace.”

Social Media 45

Social Media False Advertising Advertising Advertising 45

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Corporations must establish online identities, such as logos, slogans, product names, and brands, to build consumer awareness, loyalty, and trust.

Trademark 95

Trademark Social Media Advertising Advertising 95