The IPKat

MAY 5, 2023

A recent dispute in Nigeria over trade mark registration and possible proprietorship over a movie title and a title character has brought to the fore questions regarding the processes and procedures at the Trade Mark Registry and whether movie titles and title characters without more should be registrable as trade marks in Nigeria.

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Registration Ownership Copyright Trademark 119

IP and Legal Filings

MARCH 24, 2023

Introduction The Plaintiff is engaged in the construction business and is the proprietor of trademark BURJNOIDA in class 37 (for building and construction services) as of February 2, 2011, which it claims to have been using since December 24, 2010.

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Registration Trademark Copyright Infringement Copyright 79

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. Text Copyright John L. Universal Foods Corp.,

Law 52

Law Registration Designs Design 52

The TTABlog

MAY 26, 2022

The USPTO refused registration of the mark AJ LAMPS for "Lighting apparatus, namely, table lamps" [LAMPS disclaimed], on the ground of likelihood of confusion with the registered mark AJ for "Lighting fixtures; HID lighting fixtures." Text Copyright John L. In re Louis Poulsen A/S , Serial No. And so, the Board affirmed the refusal.

Branding 54

Branding Brands Branding Registration 54

The TTABlog

NOVEMBER 10, 2021

To be registrable, a proposed trademark must function as a source indicator in the eyes of relevant consumers. 96 USPQ2d 1227, 1229 (TTAB 2010); In re Aerospace Optics, Inc., Hungerford Smith” to identify the source of its soft drink syrup; the proposed mark "Burgundy"appeared only as a flavor designation and not as a trademark.

Trademark 97

Trademark Registration Designs Design 97

The TTABlog

MAY 29, 2024

Eagle Crest , 2010 WL 3441109, at *3." Simply calling A S LIVE FOREVER a brand cannot transform an otherwise unregistrable designation into a registrable mark." Text Copyright John L. A consumer is likely to buy the goods or services that prominently display the phrase because of the message conveyed. Welch 2024.

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Service Mark Branding Brands Branding 116

The TTABlog

JANUARY 13, 2023

The Board granted a petition for cancellation of a registration (issued in 2010) for the purported mark SMART WALLET for "wallets," on the ground of genericness. Text Copyright John L. Ekster Holding B.V. And so, the Board granted the petition for cancellation. Read comments and post your comment here. Welch 2023.

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Social Media Technology Registration Designs 92

The TTABlog

JUNE 13, 2022

The Board has re-designated as precedential its April 2001 decision dismissing an opposition to registration of the mark SPINTIRES for computer games and software. 91248894 (April 2, 2021) (re-designated as precedential, June 1, 2022). 95 USPQ2d 1327 (TTAB 2010). Text Copyright John L. Oovee Ltd , Opposition No.

Ownership 40

Ownership Registration Designs Design 40

SpicyIP

MARCH 11, 2024

Calm Water Therapeutics Llc vs The Assistant Controller Of Patents And Designs on 28 February, 2024 (Delhi High Court) The appeal challenged the rejection of a patent application for a “Bi-Functional Co-Polymer” by the Assistant Controller of Patents. Third, the evidence of the plaintiff’s use of the mark from 1989 are fabricated.

Trademark 59

Trademark Registration Copyright Patent 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 False Advertising Designs Design 52

The TTABlog

FEBRUARY 22, 2022

96 USPQ2d 1227, 1229 (TTAB 2010); see also In re Wal-Mart Stores, Inc. , Would you have applied for registration? Text Copyright John L. 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. Welch 2022.

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Service Mark Advertising Advertising Registration 76

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. Prior import plans in 2010-11 were paused. Industria De Alimentos Zenu S.A.S. Latinfood U.S. 16-6576 (KM) (MAH), 2023 WL 4200169, -- F.

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False Advertising Advertising Advertising Registration 59

The TTABlog

DECEMBER 27, 2021

In an otherwise straightforward Section 2(d) analysis, the Board ruled that confusion is likely between Respondent's registered marks MIRAGE BRANDS (standard form) and MIRAGE BRANDS & Design [BRANDS disclaimed], and Petitioner Mahender Sabhnani's previously used and registered mark ROYAL MIRAGE & Design , all for perfume.

Branding 52

Branding Brands Branding Registration 52

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. The Indian Hotels Company Limited filed a Trademark Application for the Taj Mahal Palace Hotel in Mumbai and obtained its registration. Trademark for the Taj Mahal Palace Hotel.

Trademark 52

Trademark Branding Brands Branding 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

WhenU concluded that copyright 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. 1-800 Contacts v.

Licensing 90

Licensing Copyright Contracts Advertising 90

The TTABlog

OCTOBER 3, 2022

Deemed a Specially Designated Narcotics Trafficker (SDNT), applicant was banned from doing business in the United States from 2008 to 2015. In July 2016, applicant petitioned to cancel ARSA's registration, and in 2017 it applied to register its EUCALIN word-and-design mark. Text Copyright John L. Who Owned the Mark?:

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Ownership Litigation Registration Business 40

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. In 2010, the Second Circuit issued a watershed decision about secondary trademark infringement. Overturning Tiffany v.

Trademark 138

Trademark False Advertising Advertising Advertising 138

IIPRD

JUNE 24, 2024

From patents to copyrights, Trade Marks to trade secrets, the Berne Convention to TRIPS, knowing these accords is critical for individuals, corporations, and policymakers navigating the complexity of ‘intellectual property’ protection in the twenty-first century. ‘The

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 52

SpicyIP

JULY 22, 2023

It states that the current IP regime poses problems in the context of generic computer programs because of the way the algorithms are designed and trained using large data sets. National Internet Exchange India , where the court suggested using AI to prevent registration of identical and deceptively similar marks (page 6).

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IP Intellectual Property Reporting Government 98

IIPRD

NOVEMBER 14, 2023

Musical Arts, designs, pictures, software, material, and many other sorts of Intellectual Property can be transferred using an e-commerce platform in the digital age. The policy based considerations include the internal policies of e-commerce sites as well as registrations of companies for their IP. [6] 26, 2023, 11:00 AM), [link].

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Intellectual Property Due Diligence Journalism IP 59

LexBlog IP

FEBRUARY 9, 2022

Applicant’s POTIFY platform is designed to permit legal marijuana dispensaries to market and sell their products, including via mobile applications and websites. Spotify offers digital copyright restricted recorded music and podcasts from record labels and media companies. 96 USPQ2d 1479, 1497 (TTAB 2010). ” N.Y.

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Television Music Advertising Advertising 40

LexBlog IP

SEPTEMBER 29, 2022

19 The distinctive character of a trade mark must be assessed by reference, first, to the goods or services in respect of which registration is sought and, second, to the perception of the relevant public (see judgment of 12 February 2004, Henkel, C‑218/01, EU:C:2004:88, paragraph 50 and the case-law cited). ” Ardagh at par.

Trademark 52

Trademark Registration Music Intellectual Property 52

LexBlog IP

JULY 5, 2022

Scenario 1: Protecting the Work by Copyright. The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. Scenario 2: Protecting Novel Designs by Patent. ” [8].

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

SpicyIP

FEBRUARY 26, 2024

Controller of Patents and Designs made some interesting observations on this issue. The petitioner, with a prior registration since 2010 and evidence of use since 2000, argued against the respondent’s mark registered in December 2018 on a proposed-to-be-used basis. The MHC in Novozymes v. Legislative Oversight?

Trademark 59

Trademark Copyright Registration Designs 59

Above the Fold

JULY 5, 2022

Scenario 1: Protecting the Work by Copyright. The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. Scenario 2: Protecting Novel Designs by Patent.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Thus clarifying that copyright in the screenplay exists independently of the copyright in the film. HarperCollins Publishers India Pvt. the licensee. Hari Shankar.

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IP Copyright Trademark Intellectual Property 124

IIPRD

MAY 4, 2023

[Image Sources : Shutterstock] Medical devices are either designed to target a specific health condition or improved with slight variations to be more effective or replicated for mass accessibility. Bio printed organs, for example, may not be able to be copyrighted because they are considered “naturally occurring.”

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Intellectual Property Invention Public Domain Patent 52

The IP Law Blog

MARCH 2, 2021

This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. Fossil, Inc. companies to preserve all their potential remedies.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

The TTABlog

OCTOBER 25, 2022

Section 2(a) provides, in pertinent part, that "[n]o trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it (a) consists of or comprises. 97 USPQ2d 1403 (TTAB 2010). matter which may. Petróleos Mexicanos v.

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Registration Intellectual Property Designs Design 82