Technology & Marketing Law Blog

AUGUST 30, 2023

This is a competitive keyword advertising lawsuit. The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising.

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Advertising Advertising False Advertising Trademark 98

SpicyIP

JUNE 26, 2022

Each of these issues, in turn, can make or break the validity of design registrations as well as determine the fate of design infringement actions. Eashan writes about Indian intellectual property law on his Medium page. He has written several guest posts for us in the past as well, searchable here.

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Design Designs Law Intellectual Property 133

The IPKat

JUNE 11, 2022

However, upon further examination, it appears that the outcome was to be expected, given that revocation proceedings were based on a lack of genuine use of the mark between 2011 and 2016. from 14 October 2011 to 13 October 2016). Trying to follow Apple's words of wisdom.

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Advertising Advertising Reporting Registration 97

IP and Legal Filings

OCTOBER 30, 2023

A straightforward pink sans-serif typeface was used for the 1959 original trademark registration. More than 1,000 Barbie trademark registrations are held by Mattel worldwide, covering a wide range of products and services in addition to its primary toy line.

Trademark 98

Trademark Branding Branding Brands 98

IP and Legal Filings

FEBRUARY 20, 2022

Slogans are brief, memorable words that are commonly used in advertising to promote a specific company. As a result, slogan registration is frequently denied due to a lack of distinctiveness. Using a mark as an advertising slogan, on the other hand, does not prevent it from being registered as a trademark.

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Trademark Advertising Advertising Registration 76

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

TorrentFreak

MAY 31, 2024

2/2011) in 2011 led to the formation of an administrative body known as the Second Section of the Intellectual Property Commission (S2CPI). Four of those were rejected in Q1 2024 for complaining about the registration of a website, not an established website where infringement is taking place. 10downloader.com 71. genteflowmp3.one

Music 114

Music Reporting Advertising Advertising 114

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. The EU trade mark was registered in 2011. For the most part, when looking for a hotel room, Merpel does not look for "standard" services.

Advertising 40

Advertising Advertising Intellectual Property Marketing 40

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

IP and Legal Filings

SEPTEMBER 12, 2024

Samsung : This was a case, from 2011 to 2018, where Apple took the word against Samsung, claiming infringement of its smartphone design and utility patents. Whirlpool was able to claim rights over its trademark in this country, even though it didn’t have a physical presence here and did not have any registration at that time.

Branding 98

Branding Branding Brands Trademark 98

IP and Legal Filings

FEBRUARY 7, 2023

In an effort to connect with a younger, tech-savvy consumer base, more and more firms are deciding to debut their products and advertise them electronically through the Metaverse. The trademark registration safeguards the owner’s rights and establishes the business’s legal standing.

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Trademark Non-Fungible Tokens Branding Branding 98

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

43(B)log

APRIL 28, 2022

He also hosted a reunion and golf tournament in 2007 and engaged in other referential activities; he managed royalties from the licensed USFL apparel from 2011-2021. They have also entered into numerous business partnerships and relationships for ticketing, advertising and apparel sales.” Plaintiff’s 1980s USFL registrations lapsed.

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Licensing Advertising Advertising Registration 45

The TTABlog

APRIL 24, 2024

According to Fumari, those two marks are like SPICED CHAI in that they are "vaguely evocative" of a flavor, and therefore those two registrations are "evidence" that the Board should reverse the refusal here. Fumari relied use of the mark since 2011, sales of 600,000 pounds of "SPICED CHAI tea" [what does tea have to do with it?

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Social Media Advertising Advertising Registration 49

IP and Legal Filings

MARCH 2, 2022

The Food Safety and Standards Authority of India (FSSAI) is a statutory body established on 5 th August, 2011, under the Food Safety and Standards Act, 2006 regulated under the Ministry of Health and Family Welfare, Government of India. This is the 14 digit registration or license number that is printed on all food packages.

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Registration Licensing Business Government 52

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. SMRI ultimately sent one C&D in August 2006, and filed suit in June 2011. the public about the STURGIS Registrations.”

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Cease and Desist False Advertising Registration Licensing 64

IPilogue

JANUARY 14, 2022

Our hard-working students and community members published more than twice as many articles than in 2020 and the most articles in a calendar year since 2011. Like most countries, Canada bars the registration of “clearly descriptive” trademarks to prevent applicants from monopolizing words that merely describe the goods or services at hand.

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IP Copyright Infringement Inventor Intellectual Property 105

43(B)log

DECEMBER 26, 2022

for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. The logo is registered with the Copyright Office, and AFK applied for trademark registration as well. AKF sued LCF etc. AT&T Mobility, LLC, 710 F.3d

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Copyright Infringement Branding Brands Branding 59

The TTABlog

MARCH 15, 2024

Petitioner MHCS sought cancellation of a registration for the mark VEUVE OLIVIER for sparkling wines, claiming a likelihood of confusion with the registered mark VEUVE CLICQUOT for champagne. Priority was not an issue because MHCS filed its underlying application first.

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Advertising Advertising Registration Branding 49

43(B)log

JUNE 20, 2022

It has a 2014 registration for “Darkside NYC” for live musical performances by a band; the production of musical sound recordings; and websites with information about music or entertainment. SWS has performed and produced sound recordings under the names “Darkside” or “Darkside NYC” continuously since at least August 1992.

Music 59

Music Branding Branding Brands 59

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. Poulsen claims the Mark, protected under U.S. Federal Trademark Reg.

Trademark 40

Trademark Branding Branding Brands 40

The IPKat

OCTOBER 15, 2021

Since 2011, she had provided spiritual and holistic education, training and therapy services to the public in person and online. In that regard, the use made of the sign in advertising and commercial correspondence is of particular relevance.” In EU case law, a similar standard has been upheld.

Business 84

Business Social Media Registration Intellectual Property 84

The IPKat

JULY 5, 2024

The defendant manufactured and sold high-priced model cars, in particular for collectors and advertising clients. Both dates were rather close together and they covered March/April 2011 to March/April 2016. The Bulli was first sold in 1950 and is still present on the streets (at least in Germany).

Licensing 69

Licensing Advertising Advertising Marketing 69

LexBlog IP

JULY 21, 2021

Applications and registrations for designs generally decreased compared to 2019, but certain classes of products pertinent to assisting with the COVID-19 outbreak, or entertainment in lockdown, saw a proportional increase. Applications and Registrations. Class 35 Advertising (14 370) +3. Standard Patent Applications and Grants.

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Reporting IP Patent Application Registration 52

Intepat

MAY 28, 2024

Notably, Apple trademarked its store design in the United States in 2011. Prior Registration and Use: Apple Inc. has a history of prior registration and extensive use of its trademark in India, which further solidifies its distinctiveness and exclusivity in the market. At the time, Apple Computer Inc.

Trademark 52

Trademark Intellectual Property Branding Branding 52

The TTABlog

SEPTEMBER 12, 2022

Acquired Distinctiveness: Since the applicant sought registration under Section 2(f), mere descriptiveness was not an issue. Although applicant's use of the term since 2011 was exclusive, it provided almost no information for the years 2011-2015. Resolving that doubt in applicant's favor, the Board reversed the refusal.

Advertising 40

Advertising Advertising Marketing Marketing 40

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.

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Marketing Marketing Ownership Advertising 59

IP Tech Blog

MAY 19, 2022

This case follows successful oppositions by Match.com to Muzmatch’s registration of its marks in 2018, and unsuccessful attempts by Match.com to purchase Muzmatch between 2017 and 2019. Muzmatch is comparatively much smaller and was founded in 2011 by Mr Shahzad Younas and now has had around 666,069 sign-ups in the UK alone.

Branding 57

Branding Branding Brands Intellectual Property 57

IP and Legal Filings

NOVEMBER 27, 2022

With the fast-growing media and entertainment sector, the era of digital advertising for product branding and selling has also stepped up. With the fast-growing media and entertainment sector, the era of digital advertisement for the products branding and selling have also stepped up. Nestle contended that.

Trademark 52

Trademark Branding Branding Brands 52

SpicyIP

NOVEMBER 8, 2023

– Once upon a time, as Prashant noted in his October 2011 post, a trademark application was filed, examined, and published within a mere 72 hours at the Chennai Trademarks Registry. For collective marks, he argued that out of 10 collective mark registrations he examined, 9 were granted erroneously.

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Trademark Publishing Journalism Copyright 59

LexBlog IP

MAY 19, 2022

This case follows successful oppositions by Match.com to Muzmatch’s registration of its marks in 2018, and unsuccessful attempts by Match.com to purchase Muzmatch between 2017 and 2019. Muzmatch is comparatively much smaller and was founded in 2011 by Mr Shahzad Younas and now has had around 666,069 sign-ups in the UK alone.

Branding 52

Branding Branding Brands Intellectual Property 52

43(B)log

JANUARY 5, 2024

In 2011, Plaintiff sued defendants for using the marks “Florida Virtual Academy/Program” and the associated acronyms, “FLVA/P.” Plaintiff has seven registered trademarks involving Florida Virtual School or FLVS; two of the registrations are incontestable. statements as evidence of confusion.

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Branding Branding Brands Marketing 59

SpicyIP

DECEMBER 12, 2023

product, advertisement or store) before using what we have in our memory to interpret and identify that object. Ltd, against the mark ‘dialmytrip’ and the domain names ‘www.dialmytrip.com’ and ‘www.dmtgroup.in’. The author concludes that “In sum, we do not need to pay attention to every single aspect of an external object (i.e.

Trademark 59

Trademark Branding Branding Brands 59

SpicyIP

NOVEMBER 21, 2022

Tata SIA Airlines, vacating the ex parte interim injunction granted against Vistara’s use of term “Fly Higher” in its advertisements. The Plaintiff had argued that all the rights pertaining to the film vests with them by virtue of an agreement with the producer entered in 2011.

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IP Cease and Desist Patent Music 100

The IPKat

JUNE 23, 2022

The High Court revoked four EASYOFFICE registrations owned by easyGroup for non-use and held that the Defendant’s use of EASYOFFICE was not an infringement of those registrations anyway owing to, amongst other things, the availability of an honest concurrent use defence. Muzmatch has since rebranded as Muzz.

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Branding Branding Brands Litigation 75

LexBlog IP

NOVEMBER 30, 2022

1183 (2021), noting in part (in an obvious allusion to Warhol’s famous Campbell Soup piece ) that “’[a]n ‘artistic painting’ might, for example, fall within the scope of fair use even though it precisely replicates a copyrighted advertising logo to make a comment about consumerism.'” 2d 1046, 1053 (C.D.

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IP Intellectual Property Fair Use Trademark 52

IP Whiteboard

NOVEMBER 19, 2020

In Australia, Manolo Blahnik owns a number of trade mark registrations including: Reg No. BGL and its subsidiaries ( BGL Group ), including Manolo Blahnik, manufacture, distribute and sell luxury shoes and accessories bearing the “MANOLO BLAHNIK” name and brand, which are sold in over 65 countries including Australia. Trade mark. 29 Apr 1992.

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Branding Branding Brands Designs 52