The IPKat

JUNE 6, 2022

CIVC affirmed that “Champanillo” constituted an evocation of PDO “Champagne”, which is considered an infringement under Regulation (EU) No 1308/2013. In considering the case, the Barcelona Appeal Court expressed uncertainty regarding the interpretation of Regulation (EU) No 1308/2013, and so it requested for a preliminary ruling (case C?783/19

Social Media 126

Social Media Advertising Advertising Designs 126

The TTABlog

FEBRUARY 22, 2022

In re Hulting , 107 USPQ2d 1175, 1180 (TTAB 2013). Applicant did not provide direct evidence of acquired distinctiveness, such as survey evidence or consumer declarations, but instead relied on circumstantial evidence regarding its length of use, advertising expenditures, sales, and number of users. TTABlogger comment: WYHA?

Service Mark 73

Service Mark Advertising Advertising Registration 73

43(B)log

DECEMBER 20, 2022

Nathan directed the allegedly infringing 2013 Documentary, which “tells the story of Pug, a thirteen-year-old child who wants to be a ‘12 O’Clock Boy,’ just like [he] has repeatedly watched in [the 2001 and 2003 Documentaries].” Defendants' 2013 documentary Both parties’ works are “docu-fiction” set in Baltimore. Nathan, F.Supp.3d

Fair Use 52

Fair Use Trademark Copyright Editing 52

IP and Legal Filings

JANUARY 19, 2023

Introduction Prior to 2017, China was the largest cryptocurrency market in the world, with 80% of Bitcoin transactions, the most popular digital currency, taking place in yuan 1. The 2013 circular on Bitcoin is one of the official opinions on how the Chinese government views cryptocurrencies.

Government 72

Government Marketing Marketing Business 72

43(B)log

DECEMBER 26, 2022

for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. The logo is registered with the Copyright Office, and AFK applied for trademark registration as well. AKF sued LCF etc. 3d 1068 (9th Cir.

Copyright Infringement 57

Copyright Infringement Branding Brands Branding 57

The IPKat

APRIL 1, 2024

The examiner of the EUIPO held that it was not an abstract colour mark but a figurative mark and refused registration for lack of distinctiveness ( Art. The history of the registration has been covered here. This may include surveys or market studies and statements from professional bodies or the specialised public. 7(3) CTMR ).

Art 80

Art Registration Marketing Marketing 80

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

The TTABlog

JANUARY 24, 2022

A design may be so common in the industry that it cannot identify a particular source, in which case registration should be refused "on the ground that the proposed mark fails to function as a mark." Applicant has sold its "Ark" bag since January 2013, with sales increasing sharply in 2017. ordinary consumers who purchase handbags.

Designs 52

Designs Design Registration Music 52

The IPKat

DECEMBER 17, 2021

It had to be decided how the marks would be perceived by the average consumer, in the relevant market, who is reasonably well-informed and observant, taking account of the type of goods and how they are marketed. The degree of similarity of the goods should be considered in relation to the degree of similarity of the marks.

Trademark 96

Trademark IP Registering Trademarks Branding 96

JIPL Online

FEBRUARY 26, 2021

In June of 2020, the Supreme Court of the United States (“SCOTUS”) held that a “generic.com” is eligible for trademark registration so long as the consumer recognized the mark as a distinguishing member of a certain class of goods or services. [i] The Decision. The second problem Justice Breyer has is that adding “.com”

Trademark 98

Trademark Registration Trademark Law Advertising 98

The IPKat

FEBRUARY 23, 2023

In 2013, Cadbury’s registration for Pantone 2685C was held invalid because its description rendered it void for lack of certainty. An appeal in 2018 failed to dodge this finding by trying to argue that the registration was a series of marks (see Volume 5 ). On appeal, Meade J disagreed and upheld the registration.

Registration 73

Registration Advertising Advertising Law 73

The TTABlog

SEPTEMBER 12, 2022

107 USPQ2d 1750, 1765 (TTAB 2013), aff’d mem., Acquired Distinctiveness: Since the applicant sought registration under Section 2(f), mere descriptiveness was not an issue. million in annual sales was vague and unspecific, and the numbers were not put in context of market share. 2d 1567, 4 USPQ2d 1141, 1143 (Fed. App’x 900 (Fed.

Advertising 40

Advertising Advertising Marketing Marketing 40

Kluwer Copyright Blog

NOVEMBER 8, 2021

17 of the Directive on Copyright in the Digital Single Market (DSM Directive). Such a long time – almost a year has passed since the Advocate General opinion (see here) – that a casual observer of copyright law may conclude that the judgment has lost its practical significance. The payments should be completed by the end of the year.

Blogging 52

Blogging Non-Fungible Tokens Law IP 52

The IPKat

APRIL 26, 2023

A prior design is disclosed where it has been published following registration or otherwise, or exhibited, used in trade, or otherwise disclosed, except where these events could not reasonably have become known in the normal course of business to the circles specialised in the sector concerned, operating within the EU ( Art.

Designs 73

Designs Design Art Intellectual Property 73

The IPKat

JUNE 11, 2022

Comment This case is a useful reminder that trade mark registrations may not last forever, despite the legacy behind them - such trade marks must still be used in accordance with their essential function. On 24 August 2018, the Cancellation Division revoked the contested marks in respect of all of the goods in Class 9.

Advertising 97

Advertising Advertising Reporting Branding 97

The IPKat

JANUARY 6, 2022

In my view the judgment is controversial and arguably misses the bigger picture, including the cumulative impact of more and more broadly drafted registrations on the practice of trade marks. The same could also apply to a company registration. SkyKick has said it would appeal – again – this time to the UK Supreme Court.

Registration 96

Registration Cease and Desist Branding Brands 96

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. In this case, the Bombay High Court ruled that registration of copyright is not mandatory for obtaining relief in an infringement action.

IP 138

IP Intellectual Property Copyright Trademark 138

The IPKat

SEPTEMBER 24, 2021

Ownership of the registration was subsequently transferred to Sony Computer Entertainment Europe Ltd (the predecessor to Sony Interactive Entertainment Europe Ltd, ‘the applicant’). Genuine use must also be shown by way of solid and objective evidence of effective and sufficient use of the trade mark in the market concerned.

Marketing 56

Marketing Marketing Ownership Advertising 56

The TTABlog

AUGUST 2, 2021

For only the second time since the CAFC's 2009 decision in In re Bose , the Board upheld a claim of fraud, ordering cancellation of a registration for the mark FUJIIRYOKI for massage chairs. William Shen, the CEO of Respondent ACIGI, filed the underlying application and then assigned the registration to ACIGI soon after issuance.

Registration 52

Registration Ownership Licensing Trademark 52

Biswajit Sarkar Copyright Blog

JANUARY 19, 2022

In that case, Google was using the plaintiff’s (Bharatmatrimony) trademark for advertising the websites of other matrimonial sites. Since domain names have a worldwide outreach, its registration is done by an international organization called the Internet Corporation for Assigned Names and Numbers (ICANN). ICANN/UDRP System.

Registration 52

Registration Trademark Cinema Business 52

SpicyIP

JANUARY 16, 2023

Holding “Andamen” word mark and “And Men” device to the dissimilar, the Delhi High Court directed Registry to process the registration of the “Andamen” mark. Delhi High Court allowed an appeal against the order of the respondent and directed it to process the application for registration of the mark “Andamen” under class 18.

Trademark 78

Trademark Designs Design Registration 78

SpicyIP

FEBRUARY 13, 2023

Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013. What stands out here is that the Court granted an injunction in favour of the Plaintiff based on earlier registration without considering the non-use of the mark by them.

Designs 52

Designs Design Trademark Cease and Desist 52

The IPKat

JUNE 23, 2022

In most trade mark cases waiting a little longer to see the Defendant off the market would not, in my view, cause the Claimant a huge additional loss. Those who think that securing a registration without encountering an opposition means you’re safe should think again! The judge was very much in the former camp.

Branding 70

Branding Brands Branding Litigation 70

IIPRD

FEBRUARY 23, 2021

The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. The National IPR Policy of 2016 has resulted in increasing IP registration since its inception. The pendency in IP registration applications have also decreased. Objective 5.11.1

IP 40

IP Intellectual Property Branding Brands 40

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. provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. society at over $1 trillion annually.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

IP Whiteboard

NOVEMBER 19, 2020

In Australia, Manolo Blahnik owns a number of trade mark registrations including: Reg No. BGL and its subsidiaries ( BGL Group ), including Manolo Blahnik, manufacture, distribute and sell luxury shoes and accessories bearing the “MANOLO BLAHNIK” name and brand, which are sold in over 65 countries including Australia. Trade mark. 29 Apr 1992.

Branding 52

Branding Brands Branding Designs 52