IP and Legal Filings

NOVEMBER 22, 2023

Introduction Advertising is an important strategy for a company to sell its products to the customer. Advertising generated awareness about a particular product in among the masses and the reaction of the masses decides the fate of the product. To increase their sales, often companies indulge themselves in comparative advertising.

Fair Use 98

Fair Use Advertising Advertising Brands 98

Likelihood of Confusion

NOVEMBER 16, 2021

The Second Circuit, unsurprisingly according to most commentators, has affirmed the decision of the Southern District of New York refusing to find eBay liable for contributory trademark infrintgement in the. The post Best of 2010: Forget breakfast — eBay eats Tiffany’s lunch appeared first on LIKELIHOOD OF CONFUSION™.

Trademark 40

Trademark Advertising Advertising Law 40

SpicyIP

NOVEMBER 2, 2021

We’re very happy to bring our readers a guest post that uses a dataset of more than 300,000 trademark examination reports from the year 2019, as the basis for analysing the trademark registry’s examination process. A dataset was built by scraping the electronic register of the Indian Trademark Registry in 2020.

Reporting 126

Reporting Trademark Advertising Advertising 126

Indiana Intellectual Property Law

OCTOBER 6, 2023

Celina, Texas – Plaintiff, Nickels and Dimes Incorporated is suing LaPorte, Indiana company, Noah’s Arcade, LLC d/b/a Full Tilt , for infringement of its federally registered trademark TILT, in association with arcade , amusement, and entertainment services, under Section 32(1) of the Lanham Act, 15 U.S.C.

Trademark 52

Trademark Registering Trademarks Advertising Advertising 52

The IPKat

JULY 30, 2023

Over to Theodora: Second-hand fashion and trademark rights’ exhaustion under EU law, a guide for brand owners to “wear” this new trend by Theodora Goula Every day, more and more consumers are joining the second-hand fashion movement. However, how can trademark owners know for sure where second-hand products were initially put on the market?

Brands 97

Brands Branding Branding Advertising 97

Kashishipr

AUGUST 24, 2022

Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India.

Trademark 52

Trademark Brands Branding Branding 52

Garrigues Blog

FEBRUARY 5, 2024

A judgment from the Court of Justice of the European Union (CJEU) clarifies the scope of third-party use of trademarks, taking into account the changes introduced in the European Directive on trademarks. regarding the use of the ZARA trademark. The Commercial Court No.

Trademark 59

Trademark Trademark Law Advertising Advertising 59

The TTABlog

FEBRUARY 22, 2022

96 USPQ2d 1227, 1229 (TTAB 2010); see also In re Wal-Mart Stores, Inc. , Applicant's use of the "TM" symbol does not transform the phrase into a trademark. In re Eagle Crest Inc. , 129 USPQ2d 1148, 1149-50 (TTAB 2019)." The record included numerous examples of third parties using "get ordained" to convey its ordinary meaning.

Service Mark 78

Service Mark Advertising Advertising Registration 78

43(B)log

SEPTEMBER 20, 2021

I]n February 2010, Natorp’s began using approximately 24 of McCleese’s photos on its commercial website.” Each webpage that contained one of McCleese’s photos also contained Natorp’s own trademark and copyright symbols at the top and bottom. Along with copyright claims, McCleese asserted Lanham Act false advertising claims.

Copying 64

Copying False Advertising Social Media Advertising 64

IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3]

Registration 98

Registration Trademark Trademark Law Law 98

Garrigues Blog

APRIL 23, 2024

The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. regarding the use of the ZARA trademark, as previously discussed here.

Trademark 52

Trademark Advertising Advertising Trademark Law 52

Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. Then, in Liapes v. seriously, are you still posting THERE???) TikTok bans.

Law 111

Law Social Media Advertising Advertising 111

Shades of Gray

NOVEMBER 2, 2016

Traditionally, attorneys’ fees were notoriously difficult for a prevailing party to recover in a trademark action. ICON Health & Fitness, Inc. , [1] relaxed the applicable standard in construing the Patent Act’s identical fee-shifting provision and will likely result in a lower bar to the recovery of fees in trademark disputes.

Trademark 52

Trademark False Advertising Litigation Copyright 52

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

Apparently due to this notoriety, Poulsen obtains patent and trademark protection for its roses throughout the world, including the United States. According to the Complaint, Poulsen developed a unique currant red hybrid tea rose variety branded with the trademark INGRID BERGMAN (the “Mark”) in the early 1980s. Federal Trademark Reg.

Trademark 40

Trademark Brands Branding Branding 40

43(B)log

OCTOBER 4, 2021

Most of Illinois Tool’s trademark-related claims were time-barred by the statute of limitations and laches. But genuine fact issues remained on whether J-B Weld’s advertising of “Made in USA” was false and whether Illinois Tool had standing. Illinois Tool has long sold threadlockers under the trademark “Permatex.”

False Advertising 69

False Advertising Advertising Advertising Trademark 69

43(B)log

SEPTEMBER 7, 2021

Uber Technologies, the one you know about, was incorporated in 2010. And Defendants began saying that they planned to expand into the display-advertising business: putting ads on a vehicle’s digital signage, a rider’s mobile app, and on digital screens like electronic billboards. As it grew and expanded into new services, Uber Inc.

Graphic Design 59

Graphic Design Advertising Advertising Technology 59

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.

Advertising 97

Advertising Advertising Due Diligence Government 97

IP Intelligence

MAY 11, 2021

Court of Appeals for the Fifth Circuit dealt with the issue of whether de minimis use can defeat a claim of trademark abandonment. It can, provided that such use is not made in good faith and not simply to maintain a trademark. Census Bureau, had a population of 8,679 in 2010). April 12, 2021), the U.S. Humble Exploration Co.,

Trademark 52

Trademark Registration Brands Branding 52

The TTABlog

AUGUST 3, 2022

The Otto Roth rule is applicable to trademark registration cancellation proceedings as well. Petitioner sunk its own claim that its marks acquired distinctiveness in 2008 by testifying that its sales that year were $256; furthermore there were no advertising expenditures during 2008-2010. Universal Foods Corp.,

Law 52

Law Registration Designs Design 52

43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.” Latinfood U.S.

False Advertising 59

False Advertising Advertising Advertising Registration 59

DuetsBlog

JUNE 15, 2020

Yes, it’s actually a registered trademark. 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)? Rapala’s “More Hits Than Google” Billboard Update (Photo Included) (2009). Good Bye Google, Hello Whudjagiddumon? Rapala Taunts a Monster?

Registering Trademarks 52

Registering Trademarks Trademark Branding Brands 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

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

in medicinal chemistry from the University of Michigan in 2010, and his B.S. Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

The TTABlog

MAY 25, 2023

The Board noted that "[o]ur law recognizes that the existence of a design patent for the very design for which trademark protection is sought 'presumptively. JBL pointed to its ownership of seven design patents for rocking chairs of the same or a very similar configuration. indicates that the design is not de jure functional.'" pdf here ].

Designs 40

Designs Design Design Patent Advertising 40

43(B)log

OCTOBER 6, 2021

American Girl applied for trademarks on a space-themed doll named Luciana Vega, which it began marketing in 2018 as its “Girl of the Year” doll. American Girl argued independent creation, which seems both plausible and not helpful to a trademark claim. Not to mention that “dilution” is not the same thing as false endorsement!

Law 59

Law Privacy False Advertising Social Media 59

The TTABlog

SEPTEMBER 23, 2022

Its claim of use analogous to trademark use failed because its prior publicity "was not sufficiently clear, widespread and repetitive." Technical Trademark Use: Normally, a cancellation petitioner must prove priority by a preponderance of the evidence. 96 USPQ2d 1031, 1036 (TTAB 2010). Elder Mfg. Metronome Enters.

Service Mark 40

Service Mark Registration Advertising Advertising 40

SpicyIP

JUNE 13, 2024

Mountain Valley Springs, the plaintiff, has been marketing its products under the trademark (TM) “Forest Essentials” since 2000, claiming extensive reputation and goodwill, especially for their Ayurvedic products, including a baby care segment launched in 2006. Case Overview: What were The Parties even Fighting for?

Brands 56

Brands Branding Branding Marketing 56

The IPKat

JANUARY 25, 2024

Background In 2010, Buongiorno Myalert SA (Buongiorno), an Italian mobile apps and services provider, launched an advertising campaign for a paid subscription to a multimedia messaging service, marketed under the name ‘Club Blinko’.

Advertising 68

Advertising Advertising Law Marketing 68

SpicyIP

MARCH 11, 2024

A Case of Reverse Passing Off: DHC Rules In Favour Of Western Digital On Trademark Infringement Recently, the DHC passed an ex-parte interim injunction order against Geonix, holding them prima facie liable for indulging in ‘reverse passing off’ by selling Western Digital’s hard disks as their own.

Trademark 59

Trademark Registration Copyright Patent Application 59

LexBlog IP

JULY 5, 2022

Patent and Trademark Office (USPTO) typically takes only nine to 12 months and the patents remain in force for 15 years from the date of issuance (or 14 years, for applications filed before May 13, 2015). [13] Additionally, remedies available for trade dress infringement are the same as trademark infringement. [24]. 2d 1214, 1217 (S.D.

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

SpicyIP

NOVEMBER 26, 2024

The Delhi HC seems to be on a spree, granting interim injunctions in cases concerning trademark disparagement (see here and here ), with posts by social media influencers and content creators now also under the radar of such actions. Manya is a fourth-year student at the National Law University, Delhi. M/S Colortek Meghalaya Pvt.

Social Media 52

Social Media Trademark Brands Branding 52

Above the Fold

JULY 5, 2022

Patent and Trademark Office (USPTO) typically takes only nine to 12 months and the patents remain in force for 15 years from the date of issuance (or 14 years, for applications filed before May 13, 2015). [13] Additionally, remedies available for trade dress infringement are the same as trademark infringement. [24]. 2d 1214, 1217 (S.D.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

SpicyIP

DECEMBER 20, 2023

From Big-B Baritone to Anil Kapoor’s Jhakaas, the life of Personality rights : Since Shouvik’s 2010 post about Amitabh Bachhan’s concern over the use of his voice to sell Gutka (an addictive substance), we have come to a long way! Basheer’s two larger-than-law type posts: The Seed(y) Saga and Pest Policy. Sounds “Jhakaas!”

Personality Rights 59

Personality Rights IP Licensing Copyright 59

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

IP Whiteboard

FEBRUARY 8, 2021

Since our breakdown in March 2020 of Justice Katzmann’s ruling in the Federal Court in favour of American burger chain In-N-Out in its bitter trademark dispute with local Australian company Hashtag Burgers Pty Ltd of DOWN-N-OUT (now Plan B) notoriety, another round of this sizzling hot battle of the burgers has been fought before the Full Court.

Social Media 52

Social Media Brands Branding Branding 52

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Instead of protecting consumers, this bill gives trademark owners absolute control over online marketplaces by overturning Tiffany v. Because the bill makes it impossible for online marketplaces to avoid contributory trademark liability, this bill will drive most or all online marketplaces out of the industry.

Trademark 144

Trademark False Advertising Advertising Advertising 144

Technology & Marketing Law Blog

OCTOBER 19, 2021

WhenU concluded that trademarks was a dead-end. Nevertheless, because adware often provided poor consumer experiences, adware largely fizzled out by 2010. In this lawsuit, the plaintiffs aren’t suing Google for violating their copyrights or trademarks. Wells Fargo v. WhenU concluded that copyright was a dead-end.

Licensing 105

Licensing Copyright Contracts Advertising 105