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1: Ninth Circuit Affirms Validity of Unicolors’ Copyright Registration on Remand, But H&M Scores Big on Remittitur Calculations. The lawsuit was filed by Unicolors, which accused H&M of infringing a 2011 design that they created as part of a 2015 one H&M sold in their stores and online.
2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.
Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. b)(4)(i)(A) (2011). Unicolors, Inc. b)(4) (2021).]
This prompted a surge of registrations for well-known French crafts, such as Laguiole knife [ IPKat here ] or Basque linen. Immediately after the adoption of the 2014 Law, producers of Limoges porcelain started preparing the registration file. They applied for registration of ‘Porcelaine de Limoges’ on 8th of June 2017.
The assessment aligns with the EUIPO's reasoning in an earlier decision ( R 1163/2011-1 ). Notably, it follows my earlier analysis of the Cancellation Divisions decision concerning the trade mark registration for TESLA, obtained by a so-called trade mark "troll" (see IPKat here ).
In 2011 and 2012, Booking.com applied to register “Booking.com” as a trademark associated with hotel reservation services with the U.S. The USPTO’s Trademark Trial and Appeal Boards both denied the registration, underscoring that consumers will perceive “Booking.com” as overly generic. Booking.com B.V.
An expungement proceeding allows for cancellation, in whole or in part, of a trademark registration between three and ten years old if the mark has never been used in commerce with some or all of the registered goods and/or services. 2011: [link]. For the latest developments on trademark scammers, check, Is This a Trademark Scam?®.
Background In 2011, Tecnica applied to register the 3D sign below, corresponding to the shape of its Moon Boots after-ski footwear, as an EU trade mark (EUTM) for goods in classes 18, 20, and 25. Registration ( No 10 168 441 ) was granted the following year. Milano, Tecnica Group S.p.A. v Diana S.r.l.
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.
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.
Prabha Sridevan, Judge, MHC (2000-2010) and Chairperson, IPAB (2011-2013) was recently interviewed by SpicyIP Doctoral Fellow Malobika Sen as part of her doctoral research. The defendant argued that it conceived of and adopted the trademark BELATIN in May 2019 and applied for registration in July, 2019 proposed to be used basis.
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').
The Khadi and Village Industries Commission (KVIC) has secured trademark registration for the brand name “Khadi” in three more countries which were Mexico, United Arab Emirates, and Bhutan. The trademark registration in Mexico was granted in December 2020, while the registration in UAE was granted on June 28 and latest in Bhutan on July 9.
The registration form is available here. The registration deadline is one day before each webinar. CIPIL celebrates its 20th birthday The Centre for Intellectual Property and Information Law (CIPIL) at the University of Cambridge marks its 20th anniversary this academic year.
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.
And the number of active trademark registrations in the USPTO database is larger than ever. Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use.
Bertini petitioned to cancel a registration for the mark APPLE for a host of entertainment and other services in class 41, claiming that Apple Inc. Bertini contended that the nonuse occurred "during a period of at least three years and six months after the date of the SOU, namely during November 11, 2011 - May 31, 2015." Welch 2024.
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.
This blog discusses the concept of non-conventional trademarks, its use in Pharmaceutical Industries, relevance and complexity surrounding the registration process under Indian Law. Section 9(1) (a) states that non–distinctive trademarks are not eligible for registration, which presents a challenge for single-colour trademarks.
The number of applications filed, and registrations granted in FY2020 both grew over the prior year, to the highest in history. trademark registrations! When Congress passed the CARES Act in late March, it featured provisions allowing the USPTO to extend some deadlines for applicants and registrants for a few months.
Requirements for Registration of a Position Trademark. The position trademark should be capable of being represented graphically, and hence, a detailed and clear description of the position of the mark on a particular product becomes essential for the application of Trademark Registration. It was recognized as a position mark.
The applicant, Beijing Judian Restaurant Co (“Judian”), has operated restaurants in Vancouver and Richmond since 2018, along with numerous well-known ( served over 5,750,000 customers between 2011 and 2019 ) restaurants in China since 2005. The Decision. 18(1)(e) of the TMA. Other issues.
On July 5, the Delhi High Court dismissed an appeal by PepsiCo India Holdings against an order passed by the Protection of Plant Varieties and Farmers’ Rights Authority in 2021, thereby effectively revoking Pepsico’s registration of the FL 2027 potato variety. a group company of Pepsi Inc.
SAS Optimhome , 99 USPQ2d 1959 (1960) (TTAB 2011). 11 (TTAB 2017) (granting motion to strike evidence and denying construed cross-motion to amend likelihood of confusion claim to assert common law rights in a mark for “rum cakes, chocolates and bar services” as beyond the scope of IB notification where pleaded registration only for “rum”).
i] Cases and registrations indicate that registrability or successful enforcement of rights can happen only if such marks have acquired distinctiveness through use or where numerals are used as a fanciful device or when the numeral is used in a descriptive sense and not as a trademark.
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.
The Supreme Court held today that lack of knowledge of either fact or law can excuse inaccuracies in a copyright registration under Section 411(b)’s safe harbor provision of the Copyright Act. In an opinion by Justice Breyer, the Supreme Court held that mistakes of fact and law can excuse inaccuracies in a copyright registration.
Lokesh Vyas dwells on these questions in his post in the aftermath of SRAIs registration! He argued that he had obtained proper business licenses and trademark registrations and that there were significant differences in their product logos. Is a Script a Dramatic or a Literary work? Nipun Gupta & Anr. Pratibha Prop.
[Image Sources : Shutterstock] Icann Rules According to the ICANN rules, the domain name registrant is required to comply with all the standards, requirements, procedures and practices when entering into a Domain Name Registration Agreement with the Domain Name Registrar. 1, 211-250, (2011). Bucci, 1997 WL 133313 (S.D.N.Y.1997).
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.
In 2011 the file-hosting service was added to Hollywood’s list of notorious pirate sites and subsequently featured in the U.S. Instead, they end up at auction after the original registrants forgets or chooses not to renew them. Putlocker.com. A few days ago we saw one of these classic piracy names go up for auction at Namejet.
Eashan has been practicing as an intellectual property advocate and consultant in New Delhi since 2011, and teaches a seminar on intellectual property law at National Law University, Delhi. We’re pleased to bring to you a guest post by Eashan Ghosh on the treatment of prosecution history in trade mark infringement proceedings.
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.
In 2000, Nestlé filed an application with the Swiss Trademark Office for registration of a 3D trade mark in class 30 for coffee, coffee extracts and coffee preparations. In 2011, Nestlé secured a preliminary injunction in Switzerland, based on its registered 3D mark, against Ethical Coffee Company's capsules.
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.
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.
Citizens, a credit union based in Peoria, Illinois, obtained a federal trademark registration in May 20112011 for the mark CEFCU. In January 2011, SDCCU filed a trademark application for the tagline IT’S NOT BIG BANKING, IT’S BETTER and obtained a federal registration for the mark in April 2014.
Case Summaries Vst Industries Limited vs Asd Tobacco Private Limited & Anr on 6 March, 2025 (Delhi High Court) The petitioner, filed the petition to remove the respondents registration for the mark CHUMS from the Trade Mark Register. The appellant filed the present appeal.
Background In 2011, Austrian applicant Gabriele Schmid successfully applied for a figurative mark, which displays the official EU symbol for protected geographical indications (‘the PGI symbol’) within the meaning of Regulation (EU) 1151/2012. Symbols that are of particular public interest do not enjoy absolute protection.
Before Georgia enacted a constitutional amendment in 2011 to allow the enforcement of reasonable restrictive covenants, Georgia was a popular venue for companies and individuals to avoid non-competes and non-solicits. Georgia: A One-Stop State to Void Restrictive Covenants.
In this opposition to registration of the mark MOUNTAIN GATEWAY COMMUNITY COLLEGE for educational services and various clothing items, Applicant Virginia Community College Systems moved for summary judgment, asserting that the Board lacked subject matter jurisdiction due to state sovereign immunity. SA , 100 USPQ2d 1584, 1591 (TTAB 2011).
European trademark law requires genuine use of a trademark to maintain registration. Lack of use may cancel a trademark’s registration; as well, any oppositions based on a trademark without genuine use may not withstand a non-usage defense. . Tugce Kucukali is an IPilogue Writer and incoming LL.M. Hasbro v EUIPO.
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 registration of that trade mark was unopposed.
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