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3 Count: Unicolors Redux

Plagiarism Today

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.

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Can A Single Colour Mark Acquire Registration In India?

IP and Legal Filings

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.

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U.S. Supreme Court Fixes Ninth Circuit’s Test for Mistakes in Copyright Registrations—Unicolors v. H&M (Guest Blog Post)

Technology & Marketing Law Blog

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).]

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French domain name registrar transfers rights to domain name based on posterior GI registration

The IPKat

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.

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[Guest post] Trade mark trouble in Paris: Pierre Cadault’s journey beyond Netflix

The IPKat

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 ).

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The Grand Budapest Hotel – Booking.com

IPilogue

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.

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Top Trademark Trends of 2021 (Meta TMA edition)

Erik K Pelton

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?®.

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