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

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 52

Trademark False Advertising Patent Registration 52

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 91

Copyright IP Social Media Copyright Infringement 91

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 43

Service Mark Advertising Advertising Business 43

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 52

Designs Design Design Patent 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

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 98

Music Advertising Advertising Registration 98

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 100

Cease and Desist Trademark Registering Trademarks Business 100

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 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 96

Trademark IP Registering Trademarks Branding 96

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

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 57

False Advertising Artwork IP Advertising 57

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

SpicyIP

MARCH 11, 2024

The plaintiff has registered its “Social” trademark and states to have invested considerably in its advertisement from 2001-2023. First, it argued that the plaintiff concealed material information that the registration of its mark was removed for non renewal in 2010 and was renewed only in 2019.

Trademark 59

Trademark Registration Copyright Patent 59

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

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

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

Garrigues Blog

OCTOBER 11, 2022

In this regard, the regulation ensures that producers are able to take full advantage of the opportunities offered by the Geneva Act and therefore, to benefit fully from the international framework for the registration and protection of geographical indications (“Lisbon system”). How will the registration process work in practice?

Registration 52

Registration Marketing Marketing Designs 52

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 57

Branding Brands Branding Marketing 57

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

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

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 57

Music Branding Brands Branding 57

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 89

Copyright IP Ownership Copyright Infringement 89

The TTABlog

JANUARY 26, 2024

The Board granted a petition for cancellation of a registration for the mark FREEDOM PARTY for "organizing and conducting dance parties" on the ground that Respondent Hyman was not the sole owner of the mark when he filed his underlying use-based application. Gilles , 115 USPQ2d 1296 (TTAB 2015). Edward Levy and Marc Padro v.

Registration 64

Registration Ownership Advertising Advertising 64

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 58

Registration Branding Brands Branding 58

The IPKat

MARCH 25, 2024

If you knew how to complete this phrase in 2015, you are part of the few percent of consumers who heard of the city of Compton and knew about its connection with hip-hop and rap music. Background On 8 September 2015, BIW Invest AG (‘BIW’) applied for registration of EU trade mark no.

Music 105

Music Cinema Designs Design 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

The IPKat

JUNE 23, 2022

The High Court revoked four EASYOFFICE registrations owned by easyGroup for non-use and held that the Defendant’s use of EASYOFFICE was not an infringement of those registrations anyway owing to, amongst other things, the availability of an honest concurrent use defence. Muzmatch has since rebranded as Muzz.

Branding 70

Branding Brands Branding Litigation 70

IIPRD

FEBRUARY 23, 2021

This was done during 2012-2015 when it faced bankruptcy. The National IPR Policy of 2016 has resulted in increasing IP registration since its inception. The pendency in IP registration applications have also decreased. The registration at USPTO is required to protect the creditor from bona fide purchasers and mortgages.

IP 40

IP Intellectual Property Branding Brands 40

TorrentFreak

OCTOBER 18, 2022

After obtaining permission from the court in late April, MPA investigators began serving third-party subpoenas on advertising brokers including Amobee, Exponential Interactive, Oracle Corporation, Yahoo Ad Tech, AdSupply, Aragon Advertising, Insticator, and Outbrain, plus Amazon and Google. Arm’s Length Advertising.

Advertising 118

Advertising Advertising Business Reporting 118

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

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 57

Marketing Marketing Trademark Branding 57

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 67

Advertising Advertising Marketing Marketing 67

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 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 70

Advertising Advertising Music Trademark 70

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 78

Trademark Registering Trademarks Trademark Law Branding 78