Remove 2016 Remove Advertising Remove Ownership Remove Registration
article thumbnail

Inter American Convention allows claims that Lanham Act makes dubious after Abitron; but what about Article III?

43(B)log

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. In 2016, the Latinfood website contained the phrase “We have products from” followed by marks of imported brands, among which was an image of Industria’s Zenú mark.

article thumbnail

2023 Quick Links: IP, Keyword Ads

Technology & Marketing Law Blog

Moreover, contrary to The Satanic Temple’s novel argument, domain registration is not the same as registration for a social media website.” Code § 3344, which is predicated upon “knowing[ ] use[ ] … for purposes of advertising.” 512(f) case in the context of an ownership dispute is sent to a jury.

IP 75
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Precedential No. 29: Finding Applicant's Period of Nonuse Excusable, TTAB Dismisses EUCALIN Opposition for Failure to Prove Priority

The TTABlog

Although it did not resume use of the mark for seven years, it commenced TTAB litigation with ARSA in 2016 regarding ownership of the mark. In 2016 it petitioned the Mexican Institute of Industrial Property ("IMPI") for administrative statements of infringement against ARSA's label and syrup suppliers. ARSA Distributing, Inc.

article thumbnail

“Pink Perfection: The Trademarking Of Barbie’s Signature Hue”

IP and Legal Filings

Hence, it is no wonder that the battle for ownership of her trademark is also highly sought after. A straightforward pink sans-serif typeface was used for the 1959 original trademark registration. However, a trademark needs to be distinctive in order to be eligible for registration and legal protection.

article thumbnail

Despite likely confusion and presumption of irreparable harm, delay dooms old USFL's PI bid

43(B)log

“In preparation for the league’s debut, Defendants have invested tens of millions of dollars in acquiring intellectual property rights, advertising, broadcasting, stadium and apparel deals, and in hiring players, coaches, trainers, and other staff, and in branded uniforms and equipment. Plaintiff’s 1980s USFL registrations lapsed.

article thumbnail

The Choice Of Law Debate In Copyright Infringement

IP and Legal Filings

The theory of Territoriality states that since disputes relating to the registration and validity of intellectual property rights are typically considered to fall under the exclusive jurisdiction of the State in which such registration was applied for, the choice of law should favour that State.

article thumbnail

Branding – Uniqueness and Fame

azrights

A distinctive asset such as the Nike Swoosh would have been capable of registration as a trademark as soon as the design was created. Even if your advertising budget is tiny, you can confidently build up recognition to such an asset because you have powerful rights available to you to fend off copyists.