Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces. Overturning Tiffany v.

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Trademark False Advertising Advertising Advertising 144

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.

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Reporting Trademark Advertising Advertising 126

The TTABlog

AUGUST 3, 2022

Although Petitioner owned three registrations for its marks, it had disclaimed the words NATURAL DOG COMPANY in one registrations, claimed acquired distinctiveness in another (with a disclaimer of DOG COMPANY), and accepted a Supplemental Registration in the third. Petitioner claimed a first used date in 2008. Otto Roth , 640 F.2d

Law 52

Law Registration Designs Design 52

The IPKat

DECEMBER 6, 2021

Registrations are open and available here. Participation is free of charge, but registration is required by December 7, 2021, and is available here. OPPORTUNITIES Gunnercooke | Intellectual Property Paralegal (job vacancy) The Chartered Institute of Trade Mark Attorneys (CITMA) has recently advertised a new IP job vacancy.

Intellectual Property 69

Intellectual Property Intellectual Property Law IP Copyright Law 69

IP and Legal Filings

OCTOBER 20, 2022

Further, the section also provides that in case a pre-packaged commodity is advertised, then such advertisements shall also declare the net quantity or number of the commodities contained in the package along with the retail price. [1]. The font size of the net quantity in the advertisement shall be same as that of retail sale price.

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Advertising Advertising Due Diligence Government 97

Technology & Marketing Law Blog

OCTOBER 19, 2021

Nevertheless, because adware often provided poor consumer experiences, adware largely fizzled out by 2010. Thus, other cases have applied conversion law to alleged theft of domain name registrations (e.g., WhenU concluded that copyright was a dead-end. 1-800 Contacts v. WhenU concluded that trademarks was a dead-end. Silvaco Data Sys.

Licensing 105

Licensing Copyright Contracts Advertising 105

The IPKat

OCTOBER 15, 2021

In response, Wenman claimed that she had been offering such services under and/or by reference to the signs ‘The Archangel Alchemist’ and ‘Archangel Alchemy’ since around 2010, and had accrued goodwill in those signs. In that regard, the use made of the sign in advertising and commercial correspondence is of particular relevance.”

Business 84

Business Social Media Registration Intellectual Property 84

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

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False Advertising Advertising Advertising Registration 59

The IPKat

JUNE 11, 2022

Comment This case is a useful reminder that trade mark registrations may not last forever, despite the legacy behind them - such trade marks must still be used in accordance with their essential function. On 24 August 2018, the Cancellation Division revoked the contested marks in respect of all of the goods in Class 9.

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Advertising Advertising Reporting Registration 97

Kashishipr

AUGUST 24, 2022

The same is done through the Nice Classification of Goods and Services , which, in 2010, added Class 43 for restaurants and hotels. Class 35 – Dealing with office functions, advertising, business administration, and business management. Brands and businesses need to identify the Class under which their products or services fall.

Trademark 52

Trademark Branding Branding Brands 52

IP and Legal Filings

OCTOBER 28, 2023

Only when the individual makes use of the following mark does trademark infringement take place in the form of dilution: Similar or identical to a registered trademark with established goodwill in India Use relates to products or services other than those covered by the registration. 2010 (42) PTC 572 (Del.)

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Trademark Registering Trademarks Trademark Law Branding 98

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

2,990,814 (the “‘814 Registration”), has been used in U.S. 1057(b), Poulsen claims the ‘814 Registration is prima facie evidence of the validity of the Mark, Poulsen’s ownership of the Mark, and Poulsen’s exclusive right to use the Mark in commerce. In 2010, J&P Park Acquisitions, Inc. Federal Trademark Reg.

Trademark 40

Trademark Branding Branding Brands 40

IP and Legal Filings

MARCH 28, 2023

According to Section 29(4) of the Trademarks Act, use of a mark that is: Identical or similar to a registered trademark that already has a reputation in India; and Used on goods or services other than those covered by the registration constitutes trademark infringement in the form of dilution. 2010 (42) PTC 572 (Del.) [2]

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Trademark Branding Branding Brands 96

Above the Fold

JULY 5, 2022

For example, in the 1980s white authors accounted for 79.47% of copyright registrations as compared to their population makeup of 79.6%. However, as of 2010 white authors accounted for 73.96% of copyright registrations as compared to their population makeup of 63.7%.

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Copyright Registration Law Advertising 45

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.

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Fair Use Social Media Trademark Advertising 52

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. 96 USPQ2d 1031, 1036 (TTAB 2010).

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Service Mark Registration Advertising Advertising 40

IP Intelligence

MAY 11, 2021

Census Bureau, had a population of 8,679 in 2010). The plaintiff testified he hoped to sell more bottles and had obtained a federal registration for the mark, which at the time of the suit was incontestable. 1983), where it found cancellation of a registration was warranted because of “seemingly similar sporadic and de minimis use.”

Trademark 52

Trademark Registration Branding Branding 52

The TTABlog

MAY 25, 2023

However, Applicant JBL failed to prove that this design has acquired distinctiveness, and so registration was refused on the Principal Register, but the Board accepted JBL's alternative amendment to the Supplemental Register. In re JBL International, Inc. 88941388 (May 22, 2023) [not precedential] (Opinion by Judge Thomas W.

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Designs Design Design Patent Advertising 40

SpicyIP

DECEMBER 30, 2023

Tech Square which was passed against a cancellation petition filed by Toyota against the registration of “Alphard” by Tech Square. Previously, a rate of 2% of the Net Advertisement Revenue (NAR) of the earnings of each FM Radio station was fixed for all music providers by the Copyright Board. First, in Toyota v. Makemytrip (India) Pvt.

IP 124

IP Copyright Trademark Intellectual Property 124

The TTABlog

OCTOBER 3, 2022

That same month, ARSA filed its application to register the mark EUCALIN, and obtained a registration in 2010, which was subsequently cancelled for failure to file the required Section 8 declaration of use. In May 2015, applicant was removed from the SDNT list. In October 2015 it filed an application to register its EUCALIN mark.

Ownership 40

Ownership Litigation Registration Business 40

SpicyIP

MARCH 11, 2024

The plaintiff has registered its “Social” trademark and states to have invested considerably in its advertisement from 2001-2023. First, it argued that the plaintiff concealed material information that the registration of its mark was removed for non renewal in 2010 and was renewed only in 2019.

Trademark 59

Trademark Registration Copyright Patent 59

LexBlog IP

JULY 5, 2022

” [1] The best part about a copyright is that its registration is typically inexpensive and straightforward. 2010) (citing Lee v. 2010) (quoting Payless Shoesource, Inc. 2d 1214, 1217 (S.D. 10] See OddzOn Prods., Just Toys, Inc. , 3d 1396, 1405-06 (Fed. 11] Richardson v. Stanley Works , 597 F.3d 3d 1288, 1293 (Fed.

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

LexBlog IP

FEBRUARY 9, 2022

In doing so, the TTAB will consider: (i) The duration, extent, and geographic reach of advertising and publicity of the mark, whether advertised or publicized by the owner or third parties. (ii) The incontestable Registration is not based on a claim of acquired distinctiveness. Spotify AB , 2022 USPQ2D 37 at *13–14.

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Television Music Advertising Advertising 40

SpicyIP

NOVEMBER 8, 2023

For collective marks, he argued that out of 10 collective mark registrations he examined, 9 were granted erroneously. Then, in 2010, the European Court of Justice ruled in favor of the Google Adwords Program holding such use to be non-infringing. Only then does Google need to take action against the advertisement and not otherwise.

Trademark 59

Trademark Publishing Journalism Copyright 59

Above the Fold

JULY 5, 2022

1] The best part about a copyright is that its registration is typically inexpensive and straightforward. 2010) (citing Lee v. 2010) (quoting Payless Shoesource, Inc. Copyright protects “original works of authorship” fixed in any tangible medium of expression, such as “pictorial, graphic, and sculptural works.” [1]

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

SpicyIP

DECEMBER 20, 2023

Meanwhile, there was a case where the Delhi High Court struck down Section 24(5) of the Plant Varieties Act which which allowed the registrar to issue interim directions against third-party abuse during the plant variety registration process. The Supreme Court later stayed this case, however. Sounds “Jhakaas!”

Personality Rights 59

Personality Rights IP Licensing Copyright 59

SpicyIP

OCTOBER 27, 2023

Dark Patterns Unmasked: Examining Their Influence on Digital Platforms and User Behaviour Srijaa Grover and Yaggya Kapoor Harry Brignull introduced the concept of “dark patterns” in 2010, describing them as deceptive tactics aimed at boosting conversion rates.

Intellectual Property 52

Intellectual Property Designs Design False Advertising 52

IP and Legal Filings

OCTOBER 23, 2024

Trademarks are governed by the Trademarks Act of 1999 and the Trademark Rules of 2017 in India which provides for registration and protection of Trademarks from fraudulent practice. The Madrid Union allows a unified trademark registration process across different countries and assists in challenging squatting in multiple jurisdictions.

Trademark 87

Trademark Registration Branding Branding 87

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. vs. Baby Gift House and Ors.MANU/DE/2043/2010 ArunJaitley v.

Privacy 105

Privacy Intellectual Property Law Intellectual Property Advertising 105

Patently-O

DECEMBER 12, 2021

. § 1052(c) provides, in pertinent part, that the PTO must deny federal registration to a trademark if it “[c]onsists of or comprises a name, portrait, or signature identifying a particular individual except by his written consent….”

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Registration Government Advertising Advertising 69