Kluwer Copyright Blog

MAY 23, 2022

The Supreme Court first noted that marketing claims which include references to famous trademarks aim at catching the public’s attention by mainly exploiting the selling power associated with the sign. This was not the first time the Italian Supreme Court has taken a position on copyright protection for advertising claims.

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Copyright Advertising Advertising Trademark 114

SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. Assistant Controller of Patents and Designs , N.V.

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Trademark Invention Patent Art 126

IP and Legal Filings

OCTOBER 30, 2023

Hence, it is no wonder that the battle for ownership of her trademark is also highly sought after. Barbie’s unique corporate identity, which includes its name, logo, and slogan, has always been carefully protected by trademarks thanks to Mattel’s vigilance.

Trademark 98

Trademark Branding Branding Brands 98

43(B)log

SEPTEMBER 20, 2021

In 2016, the CDC and the FDA began investigating reported instances of illnesses related to Listeria and soon determined that the strains were “closely related to strains” of Listeria detected in vegetables processed at CRF’s facility. Lanham Act claim: The recall was not “commercial advertising or promotion.” 3d 723 (6th Cir.

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Advertising Advertising Business Reporting 56

IPilogue

OCTOBER 6, 2021

After many years and multiple attempts , the organizers of this spectacular funfair have finally trademarked the term “ Oktoberfest.”. The Uphill Battle of Trademarking the Term “Oktoberfest”. Since 2016, the City of Munich has put forward applications to trademark the term; and ever since 2016, their applications have been rejected.

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Trademark Intellectual Property Advertising Advertising 59

SpicyIP

NOVEMBER 2, 2021

We’re very happy to bring our readers a guest post that uses a dataset of more than 300,000 trademark examination reports from the year 2019, as the basis for analysing the trademark registry’s examination process. A dataset was built by scraping the electronic register of the Indian Trademark Registry in 2020.

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Reporting Trademark Advertising Advertising 126

43(B)log

JUNE 17, 2022

7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. The injunction didn’t define the term, but since it was based on a Lanham Act violation, “commercial advertising or promotion” was the proper guidepost. Anyway, that was “commercial advertising or promotion.” De Simone v. 20-1846, No.

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False Advertising Advertising Advertising Litigation 64

Patently-O

JULY 19, 2023

Trademarks and trade secrets followed a different path – developing under state common law before later later gaining federal protections; with trade secrets moving federal most recently via the Defend Trade Secrets Act (DTSA) of 2016. It is common for litigation to assert both. What do you think?

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Privacy Trademark Law Fair Use Trademark 98

Garrigues Blog

FEBRUARY 5, 2024

A judgment from the Court of Justice of the European Union (CJEU) clarifies the scope of third-party use of trademarks, taking into account the changes introduced in the European Directive on trademarks. regarding the use of the ZARA trademark. 2 of Madrid dismissed the lawsuit ( Judgment 87/2016, March 15 ).

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Trademark Trademark Law Advertising Advertising 59

Garrigues Blog

APRIL 23, 2024

The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. regarding the use of the ZARA trademark, as previously discussed here.

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Trademark Advertising Advertising Trademark Law 52

Indiana Intellectual Property Law

JULY 19, 2021

The second hotel, owned by defendants/appellants Rosemoor Suites, LLC, Portfolio Hotel & Resorts, LLC and Chicago Hotel, LLC (collectively “Rosemoor”), was apparently renamed to “Hotel Chicago” in 2016.

Trademark 52

Trademark Advertising Advertising Law 52

The IPKat

NOVEMBER 24, 2022

In 2016, the trade marks rights were transferred to a Hong Kong-based company, Super Union Holdings Ltd. It however cancelled the trademark for those services of Class 35, which are related to trade of electrical and electronic goods and for their advertising. Thus, the relevant services in Class 35 were invalidated.

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Registration Advertising Advertising Art 117

Intepat

FEBRUARY 3, 2025

Introduction Trademark law is mainly governed by two key principles: “first to file” and “first to use.” ” While countries like China focus on the “first to file” rule, India gives more importance to those who first use a trademark in the market. trademark law. Banff, Ltd.

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Branding Branding Brands Trademark 59

43(B)log

OCTOBER 4, 2021

Most of Illinois Tool’s trademark-related claims were time-barred by the statute of limitations and laches. But genuine fact issues remained on whether J-B Weld’s advertising of “Made in USA” was false and whether Illinois Tool had standing. Illinois Tool has long sold threadlockers under the trademark “Permatex.”

False Advertising 69

False Advertising Advertising Advertising Trademark 69

IP and Legal Filings

DECEMBER 16, 2024

The fashion industry sector extends beyond simple trademarks, such as logos or brand names, but rather includes characteristics, including colour palettes, product forms, or even the structure of physical store spaces. For instance, red soles for Christian Louboutin became a trademark of luxury shoes, while the colour per se was not unique.

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Branding Branding Brands Design 98

SpicyIP

MARCH 13, 2023

SpicyIP intern Sukarm Sharma discusses this ongoing dispute, in light of the CRI 2016 guidelines and the Ferid Allani order. Delhi High Court clarifies that the court’s satisfaction of the prima facie tenability u/s 124 of Trademarks Act is a statutory safeguard against the counterblast rectification proceedings in infringement cases.

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Intellectual Property Law Intellectual Property Trademark IP 119

Shades of Gray

NOVEMBER 2, 2016

Traditionally, attorneys’ fees were notoriously difficult for a prevailing party to recover in a trademark action. ICON Health & Fitness, Inc. , [1] relaxed the applicable standard in construing the Patent Act’s identical fee-shifting provision and will likely result in a lower bar to the recovery of fees in trademark disputes.

Trademark 52

Trademark False Advertising Litigation Copyright 52

43(B)log

FEBRUARY 14, 2025

Cape, PLC, but shifted in 2016 to Cape Law Firm, PLC. CLP allegedly launched a Google advertising campaign using the mark CAPE LAW FIRM. Right of publicity: Cape seems like a generic word that wouldnt itself violate the right of publicity even if there were a successful trademark/false advertising claim.

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False Advertising Advertising Advertising Law 52

LexBlog IP

JULY 8, 2021

A Section 1(b) Intent-to-Use trademark application means that a person or legal entity has a “ bona fide ” intent to use the trademark “in commerce” in the near future. The Two Common Trademark Applications: 1(a) Use in Commerce vs. 1(b) Intent-to-Use. Pros and Cons to Filing an Intent-to-Use Trademark Application.

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Trademark Registration Web Development Advertising 52

43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.” Latinfood U.S.

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False Advertising Advertising Advertising Registration 59

The TTABlog

OCTOBER 3, 2024

Likewise, the limited evidence of advertising expenditures and gross sales revenues is "superficially probative of secondary meaning, too." The sales and advertising figures lacked industry context, and the raw sales figures "may only point to product popularity or rapid market gains." Read comments and post your comment here.

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Advertising Advertising Registration Designs 64

IP and Legal Filings

FEBRUARY 4, 2022

Introduction: The concept of comparing and considering a trademark in its entirety is a well-established tenet in trademark law. When a trademark is registered, it provides protection to the mark as a whole, even if it is a composite trademark with numerous aspects in it. Contentions of Parties. Contentions of Parties.

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Registration Trademark Trademark Law Marketing 93

IP and Legal Filings

MARCH 1, 2022

Jaguar Land Rover had used the imagery of the Maasai community to enhance the aesthetics of their advertisement. Hence, it is unethical to use Maasai imagery for the sake of free advertisements or cultural misappropriation. A shoe company called Masai Barefoot Technology as well used Maasai iconography while launching their brand.

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Intellectual Property Branding Branding Brands 96

The TTABlog

NOVEMBER 6, 2023

3 MCCARTHY ON TRADEMARKS AND UNFAIR COMPETITION § 19:111 (5th ed. But after 2013, when Respondent last advertised the CS amps in its domestic catalogs, domestic sales plummeted, rapidly dwindling to single digits and then zero at some points in the critical 2016-2021 time frame. Lanham Act, Section 45. The Board was unmoved.

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Registration Branding Branding Brands 61

SpicyIP

FEBRUARY 20, 2023

Last week on the blog we featured posts with nuanced discussions on burning issues surrounding patents, trademarks, and copyright. Numeral Marks, Passing off, Trademark Infringement – Delhi High Court’s All-in-One Approach? Case Summaries After Delhi High Court, Bombay High Court interprets Section 124 of Trademarks Act.

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SpicyIP

AUGUST 4, 2024

It was held that the defendant’s use of the impugned mark was infringing upon the plaintiff’s trademark rights. It was also submitted that the advertisement of the plaintiff including their mark ‘RUMMYCIRCLE’ was changed to show ‘VRUMMY’ by the defendants. This and much more in this SpicyIP Weekly Review. Primestack Pte.

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Social Media Trademark Licensing Music 105

Greenspoon Marder LLP

SEPTEMBER 25, 2017

In May 2016, Delta Air Lines (“Delta”) filed a federal lawsuit, Delta v. against a number of associated travel websites (Triposaver.com, Triptkt.com, Flyairs.com, Webflyts.com, and Easyflightdeals.com) (the “Websites”) with allegations of fraud, unjust enrichment, unfair competition, trademark infringement, and trademark counterfeiting.

Business 52

Business Trademark Settlement Marketing 52

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. The judgement was passed collectively in an appeal against 4 orders (two impugning the 2016 Ericsson v. CCI order ) and a writ petition filed by Ericsson. Bolt Technology v.

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IP Copyright Trademark Intellectual Property 124

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.

Trademark 40

Trademark Registration Intellectual Property Litigation 40

43(B)log

FEBRUARY 21, 2024

16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. It sued Peloton for trademark infringement and other claims after the defendant launched a new line of interactive stationary bicycles under the name “Peloton Bike+.” Peloton Interactive, Inc., 2024 WL 665181, No.

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Marketing Marketing Trademark Registration 59

The TTABlog

JANUARY 10, 2024

Although there was bona fide use of the CS mark on amplifiers from 2012 through 2015, sales then plummeted, "dwindling to single digits and then zero at some points in the critical 2016-2021 time frame." Instagoods refused to consent to the request, but the Board found that Instagram established “good cause” under Trademark Rule 2.120(c)(1).

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Advertising Advertising Music Trademark 58

43(B)log

SEPTEMBER 22, 2021

Ignoring entity shifts: De Simone used to license a probiotic formula to Alfasigma, which continues to make a probiotic under the same trademark, VSL#3, but now with a different formulation. Now De Simone’s entities compete with Alfasigma.

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False Advertising Advertising Advertising Trademark 45

The TTABlog

OCTOBER 27, 2022

The Board upheld the USPTO's refusal to register the color orange as a trademark for "tool and tool accessory trays not made of metal sold empty and parts and fittings therefor," on the ground that the propose mark "is not inherently distinctive, has not acquired distinctiveness, and thus fails to function as a trademark." Wellington).

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Advertising Advertising Copying Trademark 40

LexBlog IP

MARCH 24, 2023

The NCAA Men’s Basketball Tournament is a major revenue generator for the NCAA, with millions of dollars in advertising and broadcasting deals at stake. One of the key elements of the NCAA’s intellectual property rights is the trademark for the phrase “March Madness.”

Branding 40

Branding Branding Brands Cease and Desist 40

DuetsBlog

JUNE 15, 2020

Yes, it’s actually a registered trademark. Rapala: Happy Fishing on Mother’s Day (2012). Rapala Billboard Ads Continue to Engage (2013). Eat More Walleye? Top Ten Questions About Rapala Minnocchio (2015). I Get It, Rapala Will Fill Up Your Fish Cooler! Rapala’s Public Service Announcement? Rapala’s 2018 Fishing Opener Billboard Ads (2018).

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Registering Trademarks Trademark Brands Branding 52

The TTABlog

MARCH 17, 2022

The Board noted that "[i]t is not the law that 'the slightest cessation of use causes a trademark to roll free, like a fumbled football, so that it may be pounced on by any alert opponent.'" Yet despite these attempts, Opposer’s evidence of prior use, taken in its entirety, “stands unrebutted.” And so, it sustained the opposition.

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Television Social Media Trademark Registration 61

SpicyIP

APRIL 15, 2024

In doing so, the HC clarified that the SC’s stay on a 2016 DB’s order deeming the relevant provision for such relief as unconstitutional, enables the application of the provision. Other IP Developments Delhi High Court directed to take down fraudulent websites using Tata trademarks to lure public into Ponzi schemes.

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