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

IP Whiteboard

JULY 8, 2020

The Supreme Court provided a detailed analysis on what makes a trade mark eligible for registration. Prime among the conditions for registration, the mark must be one “by which the goods of the applicant may be distinguished from the goods of others.” com” are capable of registration. 2] (2015) 237 FCR 388.

Registration 40

Registration Branding Brands Branding 40

The IPKat

NOVEMBER 27, 2023

The claimant had goodwill dating back to 1992 and registrations from October 2015. The defendant had been using since 2013 with registrations from June 2015. The claimant successfully claimed infringement and the invalidity of the defendant’s registrations before HHJ Melissa Clarke sitting in the IPEC.

Editing 69

Editing Registration Branding Brands 69

The TTABlog

NOVEMBER 21, 2022

Although Applicant Jose Ramon was experienced in the branding and marketing of beers, he was never in the business of producing the goods identified in his application, and the only step he took to use the mark was the formation of a company to market beers. The burden of production then shifted to Applicant Ramon.

Contracts 52

Contracts Designs Design Registration 52

IP and Legal Filings

OCTOBER 26, 2023

This is generally done by giant corporations and brand names to survive the competition and swallow the small businesses for gains. The modus operandi of bullying and legal threats which are baseless by large entities gets initiated by serving a cease and desist notice which contains threats of instituting a trademark infringement suit.

Cease and Desist 100

Cease and Desist Trademark Registering Trademarks Business 100

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. 1067(a) [Section 17(a) of the Lanham Act]." Dow Chem.Co.

Registration 52

Registration Law Litigation Contracts 52

IP and Legal Filings

JUNE 26, 2023

Introduction Brand owners and traders have long embraced numeral creativity to captivate consumers. Names like 7-eleven, 5 Star, 7Up, and 99acres resonate with consumers, widely reflecting the innovative use of number as brand identities.

Trademark 72

Trademark Fair Use Registration Branding 72

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

IP and Legal Filings

MARCH 7, 2022

As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. It demonstrates to a buyer where a product came from and how much he can trust that product based on the brand value associated with it. Trademark Infringement. Indirect Infringement. Registered Trademark.

Trademark 61

Trademark Law Registering Trademarks Branding 61

IP and Legal Filings

MARCH 7, 2022

As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. It demonstrates to a buyer where a product came from and how much he can trust that product based on the brand value associated with it. Trademark Infringement. Indirect Infringement. Registered Trademark.

Trademark 58

Trademark Law Registering Trademarks Branding 58

IIPRD

NOVEMBER 14, 2023

There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. The scam can be at various levels and multi-facet forms including mimicking websites, selling cheaper copies of brands or even stealing ideas of originators [4]. 26, 2023, 11:00 AM), [link]. ANU Press 2018). [23]

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

IPilogue

AUGUST 16, 2022

August asserts that the Defendant, AirG Inc, a Canadian social media brand, committed copyright infringement by reproducing six of Pugliese’s Jennifer Lopez photos on their website without permission. The Court was not satisfied that any of this evidence confirmed that Pugliese was a US citizen in April 2015, when photos were created.

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

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. . In 2015, Doga?aji’s Hasbro v EUIPO.

Trademark 59

Trademark Registration Trademark Law Intellectual Property 59

The IPKat

DECEMBER 17, 2021

According to the SCA, the target market for the products was made up of discerning consumers who were more concerned with the precise brand of watch they required, and who would be less likely to be deceived or confused by the limited similarities between the marks.

Trademark 96

Trademark IP Registering Trademarks Branding 96

IP Tech Blog

NOVEMBER 2, 2023

the Court, with a 2-1 majority, found that the Board wrongly cancelled the registration of a trademark holder due to the filing of a fraudulent declaration by its former attorney to obtain incontestable status of the trademark “DANTANNA’S.” Section 14 allows for a petition to cancel registration of a mark that was “obtained fraudulently.”

Registration 62

Registration Trademark Blogging IP 62

IP and Legal Filings

JULY 28, 2022

The company recently filed 10 applications with the US Patent and Trademark Office for the McDonald’s brand and McCafe. 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. Facts of the case.

Trademark 75

Trademark Branding Brands Branding 75

The IPKat

OCTOBER 27, 2021

The Court did so in a case concerning Gucci and some of its 'G' trade mark registrations [the indication of the actual trade mark registrations have been redacted from the text of the decision, and so has the defendant's own sign].

Registration 97

Registration Blogging Branding Brands 97

Garrigues Blog

JULY 26, 2022

2015/2436, of 16 December, 2015. However, Portugal has now also put the necessary mechanism in place to prevent the registration of trademark applications filed in bad faith. Code, as occurred in the EUTM Regulation, which included bad faith in the list of situations that can lead to the invalidation of a trademark registration.

Trademark 52

Trademark Registration IP Intellectual Property 52

SpicyIP

JULY 14, 2021

Olfactory marketing is not only employed by restaurants for their food, but is also often utilized in supplementing branding because just like a logo, it helps the consumer identify the experience associated with a service or product. Issues and Barriers to the Registrability of Smell-marks.

Trademark 126

Trademark Registration Marketing Marketing 126

The TTABlog

JANUARY 4, 2022

It granted a petition for cancellation of a registration for the mark DANTANNA’S for “steak and seafood restaurant” on the ground of fraud. Neither he nor Great Concepts notified the USPTO about the false statement, although they were aware of it since 2015. Respondent ACIGI became Fuji’s exclusive U.S.

Registration 56

Registration Ownership Licensing Trademark 56

IP Intelligence

SEPTEMBER 22, 2021

In 2015, the Supreme Court, in B&B Hardware, [1] decided in a 7-2 vote that issues decided in TTAB proceedings may have preclusive effect if the elements of issue preclusion are met. In 1997, Beasley obtained a New Jersey state trademark registration for THE EBONYS. The TTAB is one such limited jurisdiction “court.”

Registration 52

Registration Trademark Litigation Copying 52

LexBlog IP

SEPTEMBER 22, 2021

In 2015, the Supreme Court, in B&B Hardware, [1] decided in a 7-2 vote that issues decided in TTAB proceedings may have preclusive effect if the elements of issue preclusion are met. In 1997, Beasley obtained a New Jersey state trademark registration for THE EBONYS. The TTAB is one such limited jurisdiction “court.”

Registration 52

Registration Litigation Trademark Copying 52

The IP Law Blog

FEBRUARY 3, 2022

This case began with a 2015 application by Interprofession du Gruyère, a Swiss registered association, and Syndicat Interprofessionnel du Gruyère , a French syndicat for a certification mark GRUYERE. INTERPROFESSION DU GRUYÈRE, et al., DAIRY EXPORT COUNCIL, et al.,

Designs 52

Designs Design Trademark Branding 52

IP and Legal Filings

JUNE 10, 2024

PepsiCo had registered the tagline “For the Bold” as a trademark in 2013 for its Doritos tortilla chips and used it extensively for promotions when it was launched in India in 2015. Plaintiffs submitted to the court that on 19 th September 2020, Parle had applied for the registration of the trademark, “Be the Fizz! For the Bold!”,

Trademark 82

Trademark Advertising Advertising Registering Trademarks 82

IP and Legal Filings

JANUARY 29, 2024

The intended strategy, which calls for a significant investment of time, money, and patience in order to get the international GI brand and introduce GI products to the global market, may be beyond the means of the average artisan or rural producer. Additional analysis has revealed that the registration status varies greatly.

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Registration Blogging Designs Design 94

The TTABlog

DECEMBER 5, 2022

The Board sustained an opposition to registration of the mark DANA DESIGN in the form shown below, for backpacks, hiking equipment, tents, and related goods, on the ground that the mark comprises the name of a living individual, Dana Gleason, without his consent and is therefore barred from registration by Section 2(c) of the Trademark Act.

Designs 46

Designs Design Registration Trademark 46

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

Intepat

NOVEMBER 14, 2022

When you file for a trademark in India, an indispensable requirement is finding out the trademark classification of your goods or services under which you must file your brand. ” The system of trademark classification eases the process of registration of a trademark. NICE Classification ). & Ors , it was held that.

Trademark 98

Trademark Registering Trademarks Registration Music 98

The IPKat

JULY 26, 2021

What does the term ‘MOCCA’ evoke in your mind, a kind of coffee or a specific brand? Most of them regarded ‘MOCCA’ as a kind of coffee instead of a specific brand except one Italian colleague who also saw ‘MOCCA (almost phonetically identical to ‘Moka’)’ as referring to the Moka Pot (Italian wiki page for that here ).

Branding 74

Branding Brands Branding IP 74

The TTABlog

JANUARY 18, 2022

Topco Holdings opposed registration of READY4LIFE for sanitizers for personal use, alleging a likelihood of confusion with its registered marks READY FOR LIFE and SIMPLY DONE READY FOR LIFE for various personal goods and cleaning products. See , e.g. , ProMark Brands Inc. GFA Brands, Inc., 11 (TTAB 2015).

Trademark 56

Trademark Branding Brands Branding 56

The IPKat

JULY 7, 2023

The conference series was created by Dr Gaetano Dimita and the Centre for Commercial Law Studies, Queen Mary University of London in 2015 to bring together creators, legal practitioners and researchers in the field of Interactive Entertainment.

Reporting 85

Reporting Music IP Intellectual Property 85

The IP Law Blog

APRIL 1, 2021

He had been selling “METAL” branded clothing since the early 1990s, primarily through hard rock music magazines. This was apparently untrue and in a separate 2008 proceeding, the PTO concluded that this was a false statement, at least as to boots, and cancelled TA’s registration of the METAL mark. (decided Feb.

Trademark 52

Trademark Branding Brands Branding 52

LexBlog IP

FEBRUARY 3, 2022

This case began with a 2015 application by Interprofession du Gruyère, a Swiss registered association, and Syndicat Interprofessionnel du Gruyère , a French syndicat for a certification mark GRUYERE. INTERPROFESSION DU GRUYÈRE, et al., DAIRY EXPORT COUNCIL, et al.,

Designs 40

Designs Design Branding Brands 40

IIPRD

FEBRUARY 23, 2021

Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention. 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.

IP 40

IP Intellectual Property Branding Brands 40

IP and Legal Filings

OCTOBER 12, 2022

Various jewelry designers have obtained IP protection for their jewelry pieces that range from trademark protection of the brand value to protection of the design itself either through copyright and/ or patents. From 2013 to 2015, Cartier filed various design patents for their iconic panther designed jewelry. Image Source: Freepic].

Designs 52

Designs Design Copyright Artistic Work 52

The IPKat

JUNE 23, 2022

Given that finding and clearing a new brand purely from a legal perspective can take months, it is interesting to note that when a Defendant loses an infringement case it will almost certainly be ordered to rebrand within days, weeks at the most. The parties were back in court in January for a form of order hearing.

Branding 72

Branding Brands Branding Litigation 72

Corsearch

FEBRUARY 28, 2024

Read on to learn about: The difference between patents and industrial designs Recent industrial designs registration trends How you can swiftly search for industrial designs with Corsearch What are industrial designs? These and other questions are relevant in assessing registrability potential for patents. respectively. in 2017, 14.6%

Registration 59

Registration Designs Design Intellectual Property 59