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.

Registration 61

Registration Branding Brands Branding 61

The TTABlog

FEBRUARY 16, 2022

Third-party registrations and third-party website evidence showed the same mark used by a single entity for both restaurant services and frozen pizza sold at retail (for example, Uno Pizzeria and Grill). million on advertising from 2017-2020, garnering $81 million in revenues from 2015-2020. It spent $2.3

Advertising 90

Advertising Advertising Registration Branding 90

43(B)log

APRIL 29, 2024

The court found aspects of the copyright/§1202 claims claim insufficiently specifically pled and granted leave to amend, including to add sufficient detail to establish that the works at issue were not US works and thus exempt from the pre-suit registration requirement. This was classic Dastar. As stated in Luxul Technology Inc. 3d 1156 (N.D.

False Advertising 59

False Advertising Intellectual Property Copyright Notice Advertising 59

IP and Legal Filings

SEPTEMBER 12, 2024

Whirlpool was able to claim rights over its trademark in this country, even though it didn’t have a physical presence here and did not have any registration at that time. Its reputation across the globe and exposure of Indian consumers through advertisements in foreign magazines were taken note of by the court. 3d 983 (2015).

Branding 98

Branding Brands Branding Trademark 98

The TTABlog

OCTOBER 27, 2021

Click on picture for larger image Section 45 of the Trademark Act provides, in pertinent part, that a mark is considered to be in use in commerce for services "when it is used or displayed in the sale or advertising of services and the services are rendered in commerce." Harrison won, at least at the TTAB. Playdom , 778 F.3d

Licensing 52

Licensing Advertising Advertising Social Media 52

The TTABlog

MARCH 12, 2024

The Board granted a petition for cancellation of a registration for the mark MRS. COLORADO , finding that Respondent Abundance Productions had not used the mark in commerce in connection with "Entertainment in the nature of beauty pageants" on or before the filing date of the underlying application. Emphasis supplied]. Wandel Mach.

Service Mark 53

Service Mark Registration Licensing Advertising 53

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 Registration 97

SpicyIP

NOVEMBER 2, 2021

For the benefit of the reader, the diagram taken from the Trademark registry’s portal describe the entire workflow of an application from filing to its registration. Accepted & Advertised. Advertised before acceptance. The Dataset. The dataset consisted of 309,189 marks in total. Exam Report Issued. Rectification Filed.

Reporting 126

Reporting Trademark Advertising Advertising 126

Indiana Intellectual Property Law

AUGUST 6, 2021

Evansville, Indiana – In 2004, the Coca-Cola Company launched its Full Throttle® energy drink brand, which was later apparently acquired by Monster Beverage Company (“Monster”) in 2015. From that transaction, Energy owns multiple trademark registrations including the three at issue in this case, U.S. Registration Nos.

Cease and Desist 52

Cease and Desist Trademark Branding Brands 52

43(B)log

SEPTEMBER 11, 2023

Because the plaintiff doesn’t own the relevant registration, its §32 claims fail, but the court allows §43(a) claims to proceed, partially reversing the district court’s grant of summary judgment—but read on for more on what that might look like. In 2015, the crown mark was registered. This is a plausible inference for a jury to make.”

Advertising 69

Advertising Advertising Marketing Marketing 69

The TTABlog

JANUARY 12, 2022

114 USPQ2d 1497, 1502 (TTAB 2015) (quoting Coach Servs. , The Board found Spotify's advertising and publicity-related evidence to be "overwhelming." The mark has been registered and the registration is "incontestable" [ i.e., more than five years old and thus vulnerable to attack on limited grounds per Section 14 - ed.].

Music 75

Music Advertising Advertising Registration 75

The IPKat

DECEMBER 14, 2023

In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements. The defendant has used the plaintiff’s song in an advertisement without the plaintiff's consent. The company was ordered to pay Ojo, ₦20 million (US$44 448) in damages.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

IP and Legal Filings

OCTOBER 26, 2023

47 ,Acts of Parliament ,1999 (India ) [3] 2015 SCC Online Del 11505 [4] 2021 SCC Online Blog Exp 18 Facebook Twitter LinkedIn WhatsApp The post Concept Of Trademark Bullying: Forceful Enforcement Of Trademark Rights In The Name Of Protection first appeared on IPLF.

Cease and Desist 105

Cease and Desist Trademark Registering Trademarks Business 105

The IPKat

DECEMBER 17, 2021

However, the Court ruled that since the Defendants were incorporated before the registration of the Plaintiff’s trademarks, they were not barred from using their names. The ARB is the organisation established by its members (who are advertisers) to regulate the advertising industry in South Africa.

Trademark 74

Trademark IP Registering Trademarks Branding 74

Intepat

NOVEMBER 14, 2022

” The system of trademark classification eases the process of registration of a trademark. Thus, it gives the trademark registration process a definite structure. Advertising; Business management, organization, and administration; Office functions. NICE Classification ). & Ors , it was held that.

Trademark 98

Trademark Registering Trademarks Registration Music 98

43(B)log

OCTOBER 4, 2021

WPI counterclaimed against Restellini and third-party Institut Restellini SAS – Documentation Centre alleging copyright infringement and false advertising. In 2015, the Catalogue Raisonné Amedeo Modigliani is henceforth transferred to Institut Restellini, being taken up with new methods, even more modern and scientifically extensive.

False Advertising 59

False Advertising Artwork IP Advertising 59

IP and Legal Filings

OCTOBER 28, 2023

Only when the individual makes use of the following mark does trademark infringement take place in the form of dilution: Similar or identical to a registered trademark with established goodwill in India Use relates to products or services other than those covered by the registration. 2015) What is trademark dilution? www.nolo.com. [ii]

Trademark 98

Trademark Registering Trademarks Trademark Law Branding 98

The TTABlog

OCTOBER 3, 2022

Deemed a Specially Designated Narcotics Trafficker (SDNT), applicant was banned from doing business in the United States from 2008 to 2015. In May 2015, applicant was removed from the SDNT list. In October 2015 it filed an application to register its EUCALIN mark. Who Owned the Mark?:

Ownership 40

Ownership Litigation Registration Business 40

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 Brands Branding Personality Rights 98

The TTABlog

DECEMBER 13, 2021

The Board found the Couture case to be relevant: there, the applicant had not rendered his entertainment services in commerce as of his filing date, but had merely advertised his "readiness, willingness and ability" to do so. See Couture v. Playdom, Inc. , 3d 1379, 113 USPQ2d 2042, 2043 (Fed. See Stawski v. 1999); In re Letica Corp. ,

Service Mark 45

Service Mark Advertising Advertising Business 45

Indiana Intellectual Property Law

DECEMBER 23, 2022

Registration No. Registration Date. January 6, 2015. 271 , Trademark Infringement, Trademark Counterfeiting, and Unfair Competition, False Designation of Origin, and False Advertising, under 15 U.S.C. §§ 114 and 1125(a). OPTISELECT. May 16, 2017. September 14, 2004. April 29, 2008. April 9, 2019.

Trademark 40

Trademark False Advertising Patent Registration 40

Above the Fold

DECEMBER 21, 2021

In Couture , the applicant had not rendered his entertainment services in commerce as of his filing date, but had merely advertised his “readiness, willingness and ability” to do so. Opinion, at pp. 2-3 (citing Couture v. Playdom, Inc. , 3d 1379, 113 USPQ2d 2042, 2043 (Fed. The Board ultimately found the Couture case instructive.

Service Mark 52

Service Mark Advertising Advertising Trademark 52

The IPKat

DECEMBER 16, 2021

In February , the Court of Appeal in Nigeria issued a decision in Banire v NTA-Star TV Network Ltd regarding the question of authorship and ownership of copyright in photographs used for advertising purposes and provided guidance on factors that must be established to succeed in a claim for passing off relating to image rights in Nigeria.

Copyright 90

Copyright IP Ownership Copyright Infringement 90

IP Intelligence

JANUARY 4, 2022

Instead, the services must be actually rendered in connection with the mark for a registration to be granted. The USPTO examiner refused registration of the mark as not having been used in commerce for the services. 2015), where an applicant sought to register a mark based on actual use, applied in Suuberg. Playdom, Inc.,

Service Mark 52

Service Mark Registration Trademark Advertising 52

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 40

Registration Ownership Licensing Trademark 40

43(B)log

FEBRUARY 21, 2024

16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. Downloads declined after a 2015 peak. Also, by the end of 2016, WCT hadn’t paid taxes since 2015 and its certificate of incorporation was therefore suspended. World Champ Tech LLC v. Peloton Interactive, Inc.,

Marketing 59

Marketing Marketing Trademark Registration 59

SpicyIP

DECEMBER 17, 2023

Ankit Sahni’s AI “Co-authored” Artwork Denied Registration by US, Continues to be Registered in India Can AI (co)author art? 1253/DEL/2006 and 4197/DEL/2015) related to computer software based on earlier guidelines of the patent office. without any registration and later in 2020, they applied to register “Khimji Jewels”.

IP 59

IP Trademark Advertising Advertising 59

LexBlog IP

JANUARY 4, 2022

Instead, the services must be actually rendered in connection with the mark for a registration to be granted. The USPTO examiner refused registration of the mark as not having been used in commerce for the services. 2015), where an applicant sought to register a mark based on actual use, applied in Suuberg. ” Id.

Service Mark 52

Service Mark Registration Trademark Advertising 52

The TTABlog

SEPTEMBER 12, 2022

Acquired Distinctiveness: Since the applicant sought registration under Section 2(f), mere descriptiveness was not an issue. Although applicant's use of the term since 2011 was exclusive, it provided almost no information for the years 2011-2015. Resolving that doubt in applicant's favor, the Board reversed the refusal.

Advertising 40

Advertising Advertising Marketing Marketing 40

LexBlog IP

DECEMBER 21, 2021

The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce. million registrations. [1]

Trademark 40

Trademark Registration Intellectual Property Litigation 40

The TTABlog

MAY 25, 2023

However, Applicant JBL failed to prove that this design has acquired distinctiveness, and so registration was refused on the Principal Register, but the Board accepted JBL's alternative amendment to the Supplemental Register. See Sarah Burstein, Faux Amis in Design Law , 105 TMR 1455 (2015). In re JBL International, Inc. pdf here ].

Designs 40

Designs Design Design Patent Advertising 40

LexBlog IP

JULY 21, 2021

Applications and registrations for designs generally decreased compared to 2019, but certain classes of products pertinent to assisting with the COVID-19 outbreak, or entertainment in lockdown, saw a proportional increase. Applications and Registrations. Class 35 Advertising (14 370) +3. Trade Marks. classes per application).

Reporting 52

Reporting IP Patent Application Registration 52

The TTABlog

JANUARY 10, 2024

The Board granted a petition for cancellation of a registration for the mark CS for "amplifiers," finding that Respondent Peavey had discontinued use of the CS mark with intent not to resume use. mp3 files, example here ) constituted mere advertising material. Peavey Electronics Corp. TTABlogged here ]. Software Freedom Law Center v.

Advertising 58

Advertising Advertising Music Trademark 58

LexBlog IP

FEBRUARY 9, 2022

114 USPQ2d 1497, 1502 (TTAB 2015) (quoting Coach Servs. In doing so, the TTAB will consider: (i) The duration, extent, and geographic reach of advertising and publicity of the mark, whether advertised or publicized by the owner or third parties. (ii) Spotify AB , 2022 USPQ2D 37 at *13–14. Spotify AB , 2022 USPQ2D 37 at *7.

Television 40

Television Music Advertising Advertising 40

43(B)log

JUNE 20, 2022

It has a 2014 registration for “Darkside NYC” for live musical performances by a band; the production of musical sound recordings; and websites with information about music or entertainment. Defendants are a musical duo that also operates as Darkside and their record label. Fans often call it “Darkside.”

Music 59

Music Branding Brands Branding 59

43(B)log

JANUARY 5, 2024

The parties settled in 2015; defendants agreed to cease their use of those marks and to avoid the words “Florida” and “Virtual” together in a mark. Plaintiff has seven registered trademarks involving Florida Virtual School or FLVS; two of the registrations are incontestable. statements as evidence of confusion.

Branding 59

Branding Brands Branding Marketing 59

LexBlog IP

JULY 5, 2022

” [1] The best part about a copyright is that its registration is typically inexpensive and straightforward. Patent and Trademark Office (USPTO) typically takes only nine to 12 months and the patents remain in force for 15 years from the date of issuance (or 14 years, for applications filed before May 13, 2015). [13]

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52