The IP Law Blog

MARCH 3, 2022

Unicolors is the owner of copyrights in various fabric designs, including a 2011 copyright registration that consisted of 31 separate designs. On appeal, the Ninth Circuit disagreed with the district court and ruled that because Unicolors had made a mistake of law in connection with the registration (i.e.

Copyright Infringement 98

Copyright Infringement Copyright Registration Copyright Law 98

IP and Legal Filings

AUGUST 11, 2023

2] This new set of marks is often referred to as non-traditional trademarks , and the qualification for their registration, as opposed to a traditional mark, is substantially higher. [3] I do this by demonstrating the statutory criteria for trademark registration and then applying the set criteria to check the registrability of braille.

Trademark 93

Trademark Registration Intellectual Property Intellectual Property Law 93

The IPKat

DECEMBER 21, 2023

Those machines have been imported into the UK for distribution and sale since June 2013, and marketed using the acronym ICE and the following logo: Both the Claimant and the First Defendant have trade mark registrations in the United Kingdom.

Registration 64

Registration Intellectual Property Designs Design 64

The IPKat

NOVEMBER 30, 2023

The case concerned the registration of 'Prosecco' as a GI in Singapore. This Kat was interested to see a court finally address this argument Singapore has offered protection for GIs since 1999, but it only adopted a registration-based system in the last decade with the Geographical Indications Act 2014 ('GIA').

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Registration Advertising Advertising Law 133

The TTABlog

SEPTEMBER 14, 2023

In its notice of opposition, opposer claimed a likelihood of confusion with its marks STERLING , in standard character and design form, and STERLING COMPUTERS. SAS Optimhome , 99 USPQ2d 1959 (1960) (TTAB 2011). Registration or pending application," then the mark should be entered in a third box. See CSC Holdings LLC v.

Law 113

Law Registration Trademark Copying 113

IP and Legal Filings

JANUARY 30, 2022

The Respondent secured federal trademark registration for “Get Lucky” in 1986, and the Petitioner commenced offering garments employing the registered trademark “Lucky Brand” and term “Lucky” a few years later, in 1990. However, the Second Circuit Court of Appeals disagreed.

Trademark 104

Trademark Branding Brands Branding 104

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.

Registration 92

Registration Trademark Copyright Infringement Copyright 92

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. A straightforward pink sans-serif typeface was used for the 1959 original trademark registration.

Trademark 96

Trademark Branding Brands Branding 96

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. 2] Adidas vs. The lawsuit raised an understanding of the value of enduring trademarks and the perils of “knock-off” designs. FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign

Branding 94

Branding Brands Branding Trademark 94

LexBlog IP

MARCH 3, 2022

Unicolors is the owner of copyrights in various fabric designs, including a 2011 copyright registration that consisted of 31 separate designs. On appeal, the Ninth Circuit disagreed with the district court and ruled that because Unicolors had made a mistake of law in connection with the registration (i.e.

Copyright Infringement 52

Copyright Infringement Copyright Registration Copyright Law 52

The IPKat

MARCH 17, 2024

VCC also failed to have the NEW CERTAN trade mark registration cancelled. Kreglinger's first vintage of the wine promoted and sold as "New Certan" was the 2011 vintage, released in 2013. The label designer had received photos of VCC bottles and instruction from de Moor to use them as inspiration.

Designs 105

Designs Design Marketing Marketing 105

Intepat

MAY 28, 2024

This success is largely attributed to Apple’s effective trademarking of various designs and sounds related to its products and services. Notably, Apple trademarked its store design in the United States in 2011. Prior Registration and Use: Apple Inc. Cracking the Code: What Sets Apple’s Trademark Apart?

Trademark 52

Trademark Intellectual Property Branding Brands 52

IP Intelligence

JUNE 3, 2021

On June 1, 2021, the Supreme Court granted certiorari on the question of whether Section 411(b) of the Copyright Act is intended to be a “fraud” statute that requires scienter for cancellation of a copyright registration. The court held that there were no valid grounds for cancellation of the registration, since fraud was not proven.

Copyright 52

Copyright Registration Designs Design 52

The IPKat

JANUARY 24, 2022

Last week, the General Court (GC) answered this question in the affirmative in its decision in T-483/20 Tecnica Group , concerning trade mark protection of the shape of an icon of Italian fashion design and history: the Moon Boots. Registration ( No 10 168 441 ) was granted the following year. Milano, Tecnica Group S.p.A.

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Registration Copyright Copyright Infringement Branding 142

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 52

Trademark Branding Brands Branding 52

The IPKat

SEPTEMBER 4, 2024

In 2011, Fauré Le Page Paris filed applications for the French trade marks that were containing the words ‘Fauré Le Page Paris 1717’. Furthermore, AGA also discussed a possible copyright infringement in its design. After a meticulous analysis for both sides, the Court's ruling was in the favor of AGA`s trade mark.

Personality Rights 56

Personality Rights IP Copyright Art 56

IP and Legal Filings

JULY 28, 2022

The Department of Industry, which is the quasi-judicial authority responsible for filing, registration and other procedural aspects, has given a decision against McDonald’s. It was back in January 2011 when Future Enterprises had officially filed ‘Mac Coffee and Eagle device’ trademark before DOI. Facts of the case.

Trademark 86

Trademark Branding Brands Branding 86

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). SAS Optimhome , 99 USPQ2d 1959, 1963 (TTAB 2011). Saber Interactive Incorporated v.

Ownership 40

Ownership Registration Designs Design 40

LexBlog IP

JULY 21, 2021

It outlines trends, data and legal rights pertaining to patents, trade marks, designs, plant breeder rights ( PBR ) and copyright. Design certifications remained generally stable (with a small decrease) in 2020. Over the past decade, standard patent applications have shown an overall upward trend, with 2020 filings up 15% from 2011.

Reporting 52

Reporting IP Patent Application Registration 52

The TTABlog

MARCH 9, 2022

The Board dismissed a petition for cancellation of a registration for the mark NUTRIVITA , in standard character form, for "dietary and nutritional supplements," on the alleged grounds of nonuse and abandonment. For example, the fact respondent abandoned a prior registration for NUTRAVITA in a design form was irrelevant.

Licensing 57

Licensing Registration Designs Design 57

Biswajit Sarkar Copyright Blog

MARCH 26, 2022

The law governing the protection of geographical indications in India has been that of the Geographical Indications of Goods (Registration and Protection) Act, 1999. The remedies can be claimed under Section 67 of the Geographical Indications of Goods (Registration and Protection) Act, 1999 in the form of civil remedies and criminal remedies.

Intellectual Property 52

Intellectual Property Registration Designs Design 52

The IP Law Blog

FEBRUARY 3, 2022

In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” This protected designation was superseded by adoption of the Protected Designation of Origin (“PDO”) for GRUYÈRE in 2001.

Designs 52

Designs Design Trademark Branding 52

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

IPilogue

JULY 9, 2021

I am working on the revised 3rd edition of my book on Intellectual Property Law (Irwin Law 2011, 2nd edition) , and with Professor Pina D’Agostino as co-author on the revision of the 2nd edition on Copyright Law (Irwin Law 2000). What if they got nothing extra from patenting or design registration?

Intellectual Property 81

Intellectual Property Editing Intellectual Property Law IP 81

The IPKat

AUGUST 27, 2024

In 2011, Fauré Le Page Paris filed applications for the French trade marks nos. According to Art. 4(1)(g) TMD3 a trade mark may not be registered or, if registered, may be declared invalid if the trade mark is of such a nature as to deceive the public, for instance, as to the nature, quality or geographical origin of the goods or service.

Art 64

Art Designs Design Registration 64

IP and Legal Filings

FEBRUARY 7, 2023

Importance of Registration of Trademarks in the Metaverse Businesses may now reach a larger audience, increase their digital footprint, and increase profits by utilising the Metaverse. The trademark registration safeguards the owner’s rights and establishes the business’s legal standing.

Trademark 95

Trademark Non-Fungible Tokens Branding Brands 95

43(B)log

AUGUST 18, 2021

For example (the details vary a little depending on defendant, but you get the picture): The STURGIS BIKE WEEK registration dates to 1997; defendants’ “Sturgis Motor Classic” came from 1997-98. SMRI ultimately sent one C&D in August 2006, and filed suit in June 2011. Here the court considers acquiescence and laches.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

43(B)log

JULY 3, 2023

Industria has never had a registration for Ranchera; its application was opposed by an unrelated third party and has been suspended; a prior registration for Zenú was cancelled and Industria never sold any Zenú or Ranchera products in the United States when it owned that registered trademark.

False Advertising 59

False Advertising Advertising Advertising Registration 59

IIPRD

SEPTEMBER 17, 2021

The famous brand Lays, during the ICC World Cup 2011 launched 6 new flavors, named after the countries playing the match, India, Sri Lanka, West Indies, Australia, England, and South Africa. COPYRIGHT OR DESIGN. It is possible for a product to fall under both Copyright and Design categories. It is an either-or choice.

Editing 52

Editing IP Artistic Work Design 52

LexBlog IP

FEBRUARY 3, 2022

In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” The test turns upon the primary significance that the term would have to the relevant public.

Designs 40

Designs Design Branding Brands 40

IP and Legal Filings

FEBRUARY 2, 2024

The Trademarks Act of 1999 does not forbid the use of names of gods or goddesses, religious symbols, or figurines in and of themselves; But it simply limits the registration of the mark under the Trademarks Act’s Section 9(2)(b), as is shown while reading the clause. 8] 2011 (48) PTC 235 (Del.) (DB) Lal Babu Priyadarshi [9].

Trademark Law 97

Trademark Law Trademark Law Service Mark 97

IP and Legal Filings

NOVEMBER 30, 2022

The 19th Asean meeting, which took place in November 2011, saw the introduction of the Regional Comprehensive Economic Partnership. Additionally, it requires Cambodia to maintain online databases with data on applications and registrations for patents, industrial designs, and trademarks. Introduction. Conclusion.

Intellectual Property 79

Intellectual Property Marketing Marketing IP 79

CopyrightsWorld

APRIL 29, 2022

On November 3rd, 2018, Thaler filed a copyright application for A Recent Entrance to Paradise, designating himself as the claimant and the work’s author as “Creativity Machine,” saying that the copyright should be transferred from the AI to him due to his “ownership of the machine.” says the author.

Copyright 98

Copyright Artwork Public Domain Art 98

CopyrightsWorld

APRIL 29, 2022

On November 3rd, 2018, Thaler filed a copyright application for A Recent Entrance to Paradise, designating himself as the claimant and the work’s author as “Creativity Machine,” saying that the copyright should be transferred from the AI to him due to his “ownership of the machine.” says the author.

Copyright 98

Copyright Artwork Public Domain Art 98

IP and Legal Filings

NOVEMBER 27, 2022

Trademark refers to the cumulation of distinctive sign/symbol, design, or combination which is exclusively associated with the products or services helping the targeted customers identify the same easily. This registration application for trademark of the hue, was sternly opposed by Cadbury’s staunch foe, Nestle. INTRODUCTION.

Trademark 52

Trademark Branding Brands Branding 52

azrights

JUNE 15, 2022

Match Group successfully challenged the Muslim dating app, Muzmatch’s, trade mark registrations in the EU and the U.K. According to The Guardian , Mr Shahzad set up Muzmatch as a side business in 2011. I’d love to help you to learn how to create stand out brands that are designed to succeed.

Business 93

Business Branding Brands Branding 93

The IPKat

SEPTEMBER 29, 2022

Giovanni Guglielmetti dealt with the subject of design protection under copyright law, starting from the well-known judgments Cofemel Case C-683/17 and Brompton Case C-833/18 [Katposts here and here ]. It is true, in fact, that the Court held that there is no requirement other than 'mere' originality (i.e.,

Reporting 80

Reporting Copyright Intellectual Property Artistic Work 80