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

IPilogue

OCTOBER 18, 2022

TSR LLC’s position is that they are entitled to own and use both the word marks “TSR” (the name of the original company that published the first iteration of D&D) and “Star Frontiers”, since WOTC allowed registration in these marks to lapse in the 2000s. However, a proceeding like that between WOTC and TSR LLC can suggest otherwise.

Trademark 101

Trademark Trademark Law Intellectual Property Law Publishing 101

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! Hundreds of trademark applications filed this year referenced masks , COVID, quarantine, social distancing, and other pandemic topics. 2012: [link]. 2018: [link].

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Trademark All Rights Reserved Registration Branding 130

The TTABlog

NOVEMBER 6, 2023

The Board granted a petition for cancellation of a registration for the mark CS for "amplifiers," finding that Petitioner Adamson Systems proved by a preponderance of the evidence that Respondent Peavey Electronics had discontinued use of the CS mark on amplifiers, with intent not to resume use. Lanham Act, Section 45.

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Registration Branding Brands Branding 61

SpicyIP

SEPTEMBER 28, 2023

We are pleased to bring to you a guest post by Naman Keswani on the concept of naked licensing within trademarks law. Naman is a fourth-year student at the Hidayatullah National Law University, Raipur who has a keen interest in Intellectual Property Law, especially Trademark Law. 2 nd 484, 489 (3 rd Cir.

Licensing 105

Licensing Registration Trademark Trademark Law 105

JIPL Online

FEBRUARY 26, 2021

If the title sounds familiar, you are part of the reason Booking.com successfully trademarked “Booking.com” while paving the way for owners of similar marks to receive trademark protection. com” does not make “booking” non-generic for trademark registration when it becomes “Booking.com.” The Decision.

Trademark 98

Trademark Registration Trademark Law Advertising 98

IP and Legal Filings

NOVEMBER 2, 2021

This case comes in when the Retrolympics applied for the word and the figurative mark Retroolympic at the German Patent and Trademark Office in 2012 (for Nice classes 28 (games and sporting goods); 35 (advertising) and 41 (sporting and cultural activities).

Trademark 98

Trademark Patent Trademark Law Advertising 98

The TTABlog

JANUARY 10, 2022

431, 446 (2012); see also Shammas v. McCarthy , the leading treatise on trademark law explains that “[t]he concepts of ‘generic name’ and ‘trademark’ are mutually exclusive. The party opposing registration has the burden to prove genericness by a preponderance of the evidence. Hyatt , 566 U.S. Focarino , 784 F.3d

Trademark Law 75

Trademark Law Trademark Registration Government 75

IP and Legal Filings

OCTOBER 4, 2022

billion fine issued by the European Commission and considering the lack of a consolidated competition law in the UAE, businesses here may have been excused for being tempted to focus only on their competitive activities related to operations in Europe. However, with the publication on 23 October 2012 of UAE Federal Law No.

Intellectual Property 52

Intellectual Property Law Business Designs 52

IP and Legal Filings

SEPTEMBER 8, 2021

Moreover, in 2012, the USPTO received several patent applications that contained the terms “cryptocurrency” and “blockchain”. However, the UK and Spain Patents and Trademark office granted trademark protection to the ‘Bitcoin’ mark and its logo (Registration number: M4046141).

Intellectual Property 94

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 94

The IP Law Blog

FEBRUARY 3, 2022

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. 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

IP and Legal Filings

FEBRUARY 20, 2022

Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. Under trademark law, however, phrases are frequently deemed not to disclose the commercial origin of products or services, which is a trademark’s primary role.

Trademark 75

Trademark Advertising Advertising Registration 75

Corsearch

NOVEMBER 20, 2023

Name saturation is an existential challenge for every industry that harnesses trademark law to protect its brand. A study published in 2018 found that overall incidents of drug name confusion of all types had decreased when comparing two periods, 2000-2004 and 2012-2016 1.

Trademark 59

Trademark Branding Brands Branding 59

LexBlog IP

SEPTEMBER 29, 2022

19 The distinctive character of a trade mark must be assessed by reference, first, to the goods or services in respect of which registration is sought and, second, to the perception of the relevant public (see judgment of 12 February 2004, Henkel, C‑218/01, EU:C:2004:88, paragraph 50 and the case-law cited). Duck Boat Tours, Inc.

Trademark 52

Trademark Registration Music Intellectual Property 52

SpicyIP

FEBRUARY 27, 2024

More recently in 2020, Sankalp Jain discussed the copyright challenges in “Dreams,” a video game enabling user-generated content, arguing for the Indian copyright law’s limitations in addressing the the issues around the fan-made creations within the game. Relevant here are Arun C. That’s all from my end. (By

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

LexBlog IP

FEBRUARY 3, 2022

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. The European Union recognized the PDO in 2011 in an agreement between the European Union and Switzerland in 2011.

Designs 40

Designs Design Branding Brands 40

Biswajit Sarkar Copyright Blog

JANUARY 17, 2022

Section 9(1)(a) 1 of the Indian Trademark Act, 1999 mentions lack of distinctiveness in the mark as one of the grounds for refusing registration of the mark. However, in India, there are numerous family enterprises where personal names and surnames have been registered as trademark. Personal Names and Trademark Protection.

Trademark 52

Trademark Registering Trademarks Registration Licensing 52

LexBlog IP

JULY 21, 2021

It can also mean as the proxy or substitute holder of rights here on earth because no spiritual being will receive a copyright certificate, trademark registrations, or letters patent. courts have denied registration to religious marks as being offensive to other believers or to non-believers. ” But neither the PTO nor U.S.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

SpicyIP

JULY 17, 2024

Aditya Gupta is a lawyer by training and is presently working on issues that fall at the intersection of IP law, freedom of expression, and business strategy. His primary focus is on trademark law and the intersection of finance and social networks. Vijay V Venkitesh is a data scientist and Research Associate at IIMA.

Trademark 109

Trademark Journalism Reporting Registration 109

Intepat

MAY 16, 2023

The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks. 14 provides that if anyone files an application for the registration of a trademark, the consent of the living person must be taken and it should not be falsely or fraudulently obtained.

Branding 98

Branding Branding Brands Personality Rights 98

43(B)log

DECEMBER 1, 2022

Grimaldi grounds, the district court’s grant of summary judgment to MTV on the resulting trademark claims. MGFB has a federal registration for FLORA-BAMA for “bar and restaurant services” and several entertainment services, including “social entertainment events,” live musical performances, and “competitions for fish throwing.”

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

SpicyIP

NOVEMBER 8, 2023

In an October 2012 post, Kruttika Vijay highlighted the Supreme Court’s concerns over the lack of transparency in clinical trials in India. For collective marks, he argued that out of 10 collective mark registrations he examined, 9 were granted erroneously. Whither Clinical Trial Data?: Let’s see how it unfolded.

Trademark 59

Trademark Publishing Journalism Copyright 59

SpicyIP

DECEMBER 30, 2023

The Court reasoned that when the Act was amended in 2012 – internet broadcasting was not alien to India and if the Legislature intended Section 31D to apply to internet broadcasting, it would’ve done so by specifically amending the provision. Ltd and Indian Performing Rights Society Ltd. Music Broadcast Ltd. First, in Toyota v.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

JANUARY 2, 2022

Both suits were filed before the 2012 amendment to the Copyright Act. Further, given that the 2012 amendment does not have a retrospective effect, the Court held that the amendment has no effect on the legal position. If a sub-brand performs the function, as Asava possibly does in this case, it must be treated as a trademark.

IP 143

IP Intellectual Property Copyright Trademark 143

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. Tam and Brunetti, striking down various bars on registration. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

43(B)log

JANUARY 31, 2025

Jeanne Fromer (with Beebe and Stein), An Empirical Picture of Trademark Law We are running out of competitively effective word marks. People are still mad about Macys buying Marshall Fields and changing the name to Macys in 2006protests continued to 2012 and beyond. What about images? Why do companies change names? (1)

Branding 52

Branding Brands Branding Designs 52

SpicyIP

DECEMBER 31, 2024

2024 has been an explosive year for IP developments in India, with more IP divisions coming up in different High Courts, an increasing number of IP registrations and an overall higher degree of attention on IP issues in the country. to clarify that registration does not grant exclusive right in a part of the mark.

IP 105

IP Invention Patent Copyright 105