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

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.

Registration 94

Registration Blogging Designs Design 94

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 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

IIPRD

JANUARY 23, 2023

Firstly, Direct infringement wherein a patented product can be literally copied element to element (Literal direct infringement) and equivalently copied with little to minimal changes not essentially affecting the effect of the product (Equivalent direct infringement). It is also generally available to Amazon Brand Registry.

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

The IPKat

DECEMBER 16, 2021

While Morison branded its medicine with the generic “PARACETAMOL”, with reference to its registered trademarks “MSJ” and “MORISON” on the packaging, CPL used the name “CONPHAMOL”. In this regard, the Court concluded that the defendants’ song appears to be a case of copying and reproduction of the plaintiff’s work.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

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

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. Peloton’s core brand is Peloton. World Champ Tech LLC v.

Marketing 59

Marketing Marketing Trademark Branding 59

SpicyIP

JANUARY 23, 2023

Delhi High Court clarifies that difference in brand name cannot be a defense against prior publication of the suit design. Case: Novamax Industries Llp vs Prem Appliances & Anr. The Defendant argued that the suit design was published prior to the date of registration under a different trade name.

Designs 101

Designs Design Invention Registration 101

SpicyIP

FEBRUARY 24, 2023

respondent) has registered the mark ‘Alphard’ in 2015, for using it in classes 9 (different scientific, nautical, life-saving apparatus, computer and computer softwares etc.) However, as highlighted by Gaurangi here , after the dissolution of the IPAB and removal of its website, openly accessible copies of such orders are not available.]

Registration 63

Registration Intellectual Property Law Trademark Branding 63

LexBlog IP

JULY 5, 2022

” [1] The best part about a copyright is that its registration is typically inexpensive and straightforward. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] § 102(a); see also Pride Family Brands, Inc. Turner Heritage Homes Inc., GFI , 193 F.3d

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

Above the Fold

JULY 5, 2022

1] The best part about a copyright is that its registration is typically inexpensive and straightforward. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] 102(a); see also Pride Family Brands, Inc. Turner Heritage Homes Inc., 3d 1314, 1320 (11th Cir.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

43(B)log

FEBRUARY 28, 2022

23, 2022) Healthvana operates a health app, Healthvana, and has a trademark (registration) for use in connection with software and software as a service. Telebrands’ TV ad didn’t use the word “Covid” [I bet litigation counsel is grateful for FDA compliance efforts carried out in writing the copy!]. Healthvana, Inc. Telebrands Corp.,

False Advertising 64

False Advertising Marketing Marketing Branding 64