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

LexBlog IP

JULY 28, 2023

Citizens, a credit union based in Peoria, Illinois, obtained a federal trademark registration in May 2011 2011 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.

Trademark 52

Trademark Registration Law Patent Law 52

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

The TTABlog

JUNE 12, 2024

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).

Registration 67

Registration Trademark Litigation Government 67

IPilogue

AUGUST 30, 2021

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.

Registration 105

Registration Trademark Journalism Intellectual Property 105

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').

Registration 133

Registration Advertising Advertising Law 133

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 Branding Brands 104

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

Erik K Pelton

DECEMBER 20, 2022

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.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

The TTABlog

JANUARY 3, 2023

In the latest round of this 25-year-old saga, the Board granted a petition for cancellation of two registrations for the mark COHIBA (one mark in standard form, the other slightly stylized) for "cigars," on the ground of violation of Article 8 of the Pan American Convention. General Cigar Co., Pologeorgis).

Registration 52

Registration Law Litigation Contracts 52

The TTABlog

SEPTEMBER 14, 2023

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”).

Law 113

Law Registration Trademark Copying 113

SpicyIP

AUGUST 16, 2023

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.

Registration 92

Registration Settlement Branding Branding 92

LexBlog IP

AUGUST 27, 2021

With its IPR petitions, Twitter submitted pages of Bradford that indicated a copyright date of 2011 ( i.e. , stated, “Copyright © 2011 by Anselm Bradford and Paul Haine”), but that also identified a publication date of December 13, 2015 ( i.e. , by stating, “Made in the USA Middletown, DE 13 December 2015”).

Art 52

Art Copying Registration Publishing 52

Erik K Pelton

DECEMBER 31, 2021

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?®.

Editing 147

Editing Non-Fungible Tokens Trademark All Rights Reserved 147

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.

Registration 83

Registration Licensing Business Government 83

IP and Legal Filings

JUNE 26, 2023

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.

Trademark 84

Trademark Fair Use Registration Branding 84

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

The IPKat

FEBRUARY 23, 2024

On 2 February 2011, the company Heuver Banden Groothandel BV (the company) applied for registration of the Benelux word trade mark “ATHLETE” for Class 12. The Benelux priority was then claimed in the international registration before the WIPO, with extension of protection to the European Union. 207/2009. The applicant appealed.

Registration 64

Registration Law Patent 64

The IPKat

NOVEMBER 14, 2024

The defendants adopted the name SkyKick in November 2011. Where an application is made in bad faith only in respect of some goods or services, this does not taint the whole registration: the CJEU confirmed that the registration may be held invalid only for those goods or services. SkyKick counter-claimed for partial invalidity.

Registration 67

Registration Law IP Branding 67

The IPKat

JANUARY 24, 2022

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.

Registration 142

Registration Copyright Copyright Infringement Branding 142

Kashishipr

DECEMBER 21, 2021

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.

Intellectual Property 105

Intellectual Property Registration Trademark Branding 105

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

IP and Legal Filings

FEBRUARY 20, 2023

[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).

Trademark 97

Trademark Registering Trademarks Registration Trademark Law 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 96

Trademark Branding Branding Brands 96

Erik K Pelton

DECEMBER 28, 2020

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.

Trademark 130

Trademark All Rights Reserved Registration Branding 130

IPilogue

AUGUST 2, 2021

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.

Trademark 59

Trademark Registration Trademark Law Intellectual Property 59

Trading Secrets

DECEMBER 22, 2021

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.

Business 64

Business Law Blogging Registration 64

IP and Legal Filings

AUGUST 4, 2023

LAW RELATING TO REGISTRATION OF NAMES AS TRADEMARKS IN INDIA There is not any particular provision that prohibits celebrities to register their name as trademarks in India under the trademark act, of 1999. Thus, it can be assumed that registration of names as trademarks is allowed. Entertainment v.

Trademark 52

Trademark Registration Branding Branding 52

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.

Registration 52

Registration Licensing Business Government 52

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 Branding Brands 86

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

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. Plaintiff’s 1980s USFL registrations lapsed. The 2011 registrations were acquired from an unrelated entity.

Licensing 45

Licensing Advertising Registration Advertising 45

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

The TTABlog

SEPTEMBER 9, 2021

Petitioner Jason Green tripped over that particular hurdle in this proceeding seeking cancellation of a registration for the mark OMNI BIOTIC for food supplements. commerce in connection with the goods identified in the registration under attack in this proceeding." It's proving an intent to deceive the USPTO.

Registration 57

Registration Copyright Law 57

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 registration of that trade mark was unopposed.

Designs 105

Designs Design Marketing Marketing 105

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’. Maison Fauré Le Page, a French-based company in Paris since 1716, transferred to its sole shareholder, the company Saillard, in 1992.

Personality Rights 56

Personality Rights IP Copyright Art 56

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 Branding Brands 52