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. it filed for a trademark infringement and unfair advantage suit in the court against Parle Agro. For the Bold!”, For the Bold!” Antox India (P) Ltd.

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Trademark Advertising Advertising Registering Trademarks 82

Intepat

NOVEMBER 14, 2022

Trademark Classification. 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. .”

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Trademark Registering Trademarks Registration Music 98

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.

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SpicyIP

JULY 14, 2021

We are pleased to bring you a guest post by Tahhira Somal, exploring existing frameworks of non-conventional trademarks, particularly those of smell marks, and assessing their role in the protection of certain traditional cultural expressions. One type of such non-traditional trademarks is a smell or scent mark. Image from here.

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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.

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Trademark Registration Trademark Law Intellectual Property 59

IP and Legal Filings

MARCH 7, 2022

A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

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Trademark Law Registering Trademarks Branding 61

Garrigues Blog

JULY 26, 2022

Trademarks Directive (Directive (E.U.) 2015/2436, of 16 December, 2015. Code was the inclusion in the list of grounds for refusal of a trademark application, those cases in which “it is recognised that the trademark application was filed in bad faith” (article 231(6) of the Portuguese I.P.

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IP and Legal Filings

MARCH 7, 2022

A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

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Trademark Law Registering Trademarks Branding 58

The IPKat

DECEMBER 17, 2021

Today, it’s about the trademark arena. 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.

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Trademark IP Registering Trademarks Branding 96

IP Tech Blog

NOVEMBER 2, 2023

The Federal Circuit recently issued a decision with important ramifications on how petitions for cancellation due to fraud will be handled by the Trademark Trial and Appeal Board (“Board”) going forward. The “DANTANNA’S” trademark issued in 2005. In 2021, the Board cancelled the trademark pursuant to Section 14 of the Lanham Act.

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Registration Trademark Blogging IP 62

Kashishipr

JULY 20, 2022

Bernard Kelvin Clive, a well-known brand strategist, once said that strong brands aren’t built through shortcuts and copycats. In the 21 st century, the Oreo cookie is the best-selling cookie brand worldwide. Let us discuss a few of them. Such results talk about Xiaomi being a poor imitation of the tech giant Apple Inc.

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Branding Brands Branding Marketing 52

IP Whiteboard

JULY 8, 2020

On 30 June 2020, the Supreme Court of the United States ( Supreme Court ) handed down its decision in United States Patent And Trademark Office, Et. The Supreme Court provided a detailed analysis on what makes a trade mark eligible for registration. com” are capable of registration. trademark – a new trend?

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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. General Cigar Co., Pologeorgis). Dow Chem.Co.

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Intepat

MAY 16, 2023

If the property of a person can be protected, likewise, when a popular celebrity like Amitabh Bachchan faces possible harm regarding his brand, the same can be protected under his right to publicity. The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks.

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Branding Brands Branding Personality Rights 98

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 trademarks are for virtual food and beverage products. The trademark of Mc/Mac has been under the debate all around the globe. The trademark of Mc/Mac has been under the debate all around the globe.

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Trademark Branding Brands Branding 75

The IP Law Blog

APRIL 1, 2021

The Ninth Circuit recently considered an issue of first impression: What standard of review does an appellate court apply when reviewing a district court’s grant of summary judgment in a trademark infringement case on the equitable basis of the unclean hands doctrine. The Ninth Circuit faced this issue in the case titled: Metal Jeans, Inc.

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Trademark Branding Brands Branding 52

IP Intelligence

SEPTEMBER 22, 2021

17, 2021, the Third Circuit Court of Appeals became the latest Circuit Court to limit the preclusive effect of Trademark Trial & Appeal Board (“TTAB”) decisions. In 1997, Beasley obtained a New Jersey state trademark registration for THE EBONYS. In Beasley v. Howard joined the group in the 1990s.

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Registration Trademark Litigation Copying 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.

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Branding Brands Branding Marketing 59

LexBlog IP

SEPTEMBER 22, 2021

17, 2021, the Third Circuit Court of Appeals became the latest Circuit Court to limit the preclusive effect of Trademark Trial & Appeal Board (“TTAB”) decisions. In 1997, Beasley obtained a New Jersey state trademark registration for THE EBONYS. In Beasley v. Howard joined the group in the 1990s.

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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].

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Registration Blogging Branding Brands 97

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].

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Intellectual Property Due Diligence Journalism IP 59

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.

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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.

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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).

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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. First, trademark owners need to understand the seriousness of a trademark becoming generic. INTERPROFESSION DU GRUYÈRE, et al.,

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Designs Design Trademark Branding 52

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.

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43(B)log

JUNE 20, 2022

Laches can bar both injunctive relief and damages in trademark cases, and here the court grants a motion to dismiss based on laches. 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.

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Music Branding Brands Branding 59

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. First, trademark owners need to understand the seriousness of a trademark becoming generic. DAIRY EXPORT COUNCIL, et al.,

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Designs Design Branding Brands 40

LexBlog IP

SEPTEMBER 28, 2021

Howard that trademark cancellation proceedings before the Trademark Trial and Appeal Board (“TTAB”) do not have claim preclusive effect against trademark infringement lawsuits in federal district courts because of the TTAB’s limited jurisdiction. On September 17, 2021, the Third Circuit held in Beasley v.

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Trademark Service Mark Litigation Blogging 52

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.

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IIPRD

JANUARY 23, 2023

In matters of trade, Trademark, copyright and Patent act as building blocks of protection measures while conferring exclusive right over goods/services for the holder. It is also generally available to Amazon Brand Registry. Amazon, 2015 U.S. Amazon.com, 2015 U.S. LEXIS 90004 & 2015 U.S. 4] Adaptix, Inc.

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Patent Infringement Patent Cease and Desist IP 52

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. respectively.

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The IPKat

DECEMBER 16, 2021

CPL Industries Limited , dismissed an appeal from the High Court in a copyright infringement, trademark infringement and passing-off suit between two pharmaceutical companies. CPL had a registered trademark in the word “Conphamol” and the design of the product packaging.

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LexBlog IP

JANUARY 18, 2022

This one is for trademark fans as well as cooks and has an interesting backstory. This neat scheme and the accompanying rules about the origin of olive oils was upended by the explosive growth of an olive oil producer whose label contained the prominent trademark CALIFORNIA OLIVE RANCH. See illustration.). 5279505 and Reg No.

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Law Trademark Branding Brands 52

IP and Legal Filings

OCTOBER 28, 2023

Introduction The Trademarks Act of 1999 introduced trademark dilution. The use of trademarks helps a company set itself apart from its rivals’ products and services. A feature of trademark law known as trademark dilution gives the brand owner exclusive rights to the mark, providing them a strong and recognisable trademark.

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LexBlog IP

FEBRUARY 9, 2022

114 USPQ2d 1497, 1502 (TTAB 2015) (quoting Coach Servs. In fact, in 2015, before Applicant’s first use of its POTIFY mark, Opposer had more monthly SPOTIFY users than most U.S. Spotify AB , 2022 USPQ2D 37 at *13–14. Users can search for music based on artist, album, or genre, and can create, edit, and share playlists.

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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. Lanham Act, Section 45. The Board was unmoved.

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