The IPKat

AUGUST 4, 2023

The IPKat has received and is pleased to host the following contribution by former GuestKat Jan Jacobi (BarentsKrans) regarding a recent Dutch decision on free riding and declining reputation of a brand. Quite often, the IP of a bankrupt company is sold to a third party who continues operating all or some of the brands.

Branding 52

Branding Brands Branding Marketing 52

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

IP and Legal Filings

OCTOBER 30, 2023

Barbie, a name synonymous with an unattainable standard of femininity and the concept of commercial feminism, was designed to captivate the toy market with all its glittery pink magnificence. A straightforward pink sans-serif typeface was used for the 1959 original trademark registration.

Trademark 88

Trademark Branding Brands Branding 88

Indiana Intellectual Property Law

JUNE 23, 2022

NuStar was granted a registration for its mark RELOADED® under Registration No. 6,376,399 with the USPTO on June 8, 2021 alleging they began using the mark as early as September 2016. Plaintiff also claims Defendants’ actions amount to unfair competition and false designation of origin in violation of 15 U.S.C.

Trademark 52

Trademark Registration Designs Design 52

IP and Legal Filings

MAY 19, 2022

One of them is the Startup India Action plan 2016 which is a flagship program of the Indian government aimed at creating a robust ecosystem for incubating innovation and startups in the country, resulting in prolonged economic growth and large-scale employment generation. This will aid them in cutting costs throughout the early years.

Trademark 52

Trademark Government Branding Brands 52

43(B)log

JULY 3, 2023

Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products. T]he one showed in the application is not mine.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

The TTABlog

AUGUST 30, 2023

SS Vape Brands, Inc. Opposer claimed to own a family of MONSTER-formative marks, but it failed to prove the existence of a family of MONSTER marks prior to SS Vape’s July 2016 date of first use. The vape/smoke shops offer Opposer’s MONSTER and MONSTER ENERGY beverages in coolers displaying third-party brand names (e.g.,

Designs 56

Designs Design Branding Brands 56

IP and Legal Filings

OCTOBER 23, 2023

The issue of counterfeiting not only compromises a brand’s reputation or brand value, but also puts consumer safety at risk by allowing the sale and uninformed purchase of sub-standard goods. The defendant was “Darveys.com”, it was a “luxury brand marketplace” [6]. 8] (CS (COMM) 980/2016. [9] 344/2018]. [6]

Marketing 88

Marketing Marketing Trademark Registration 88

The TTABlog

APRIL 6, 2022

Applicant ADOL sought registration of the marks SKËNDERBEU and GJERGJ KASTRIOTI SKËNDERBEU (Stylized) for "beverages from wine distillates, namely, brandy and grape brandy." Illyrian began distributing the products in 2016 and established a first use date of July 31, 2016. See In re Bose Corp., 3d 1240, 91 USPQ2d 1938 (Fed.

Ownership 52

Ownership Registration Trademark Contracts 52

LexBlog IP

SEPTEMBER 15, 2021

The Court of Appeals affirmed the previous decision of the district court which found that Australian Leather had wilfully infringed Deckers’ “UGG” trademarks by selling less than 15 pairs of UGG branded boots in the U.S., Background.

Trademark 52

Trademark Registration Branding Brands 52

Corsearch

FEBRUARY 28, 2024

With the challenges posed by name saturation and the reduced availability of work marks, industrial designs are increasingly important within intellectual property strategies. When people think about designs they typically think of patents, but the world of protecting designs is far more extensive than that.

Registration 59

Registration Designs Design Intellectual Property 59

SpicyIP

NOVEMBER 17, 2023

We are pleased to announce that registration for the free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship is currently open. Registration DA-IICT extends a warm welcome to all eligible participants FREE of charge.

Intellectual Property 99

Intellectual Property Technology IP Law 99

Plagiarism Today

OCTOBER 26, 2021

Wtf is a juice demon pic.twitter.com/OxYMWEuoCq — Eli Matthewson (@EliMatthewson) October 1, 2016. First, design elements that are “physically or conceptually separate” from the article can be protected. They are part fashion, part artwork, part branding and part character. However, there are two key exceptions to this.

Copyright 245

Copyright Trademark Cease and Desist Copying 245

The IP Law Blog

FEBRUARY 3, 2022

In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” This protected designation was superseded by adoption of the Protected Designation of Origin (“PDO”) for GRUYÈRE in 2001.

Designs 52

Designs Design Trademark Branding 52

SpicyIP

MAY 10, 2023

Deputy Controller of Patent and Designs : Emphasis on a speaking order by the Controller The dispute pertained to Patent Application no. Deputy Controller of Patents and Designs , Auckland Uniservices Limited v. Assistant Controller of Patents and Designs , N.V. June 7, 2016) by citing new, previously unmentioned, grounds.

Trademark 108

Trademark Invention Patent Art 108

The TTABlog

MAY 17, 2023

In and exhaustive and exhausting 69-page decision, the Board sustained-in-part and dismissed-in-part Starbucks' opposition to registration of the mark SIREN'S BREW ("BREW" disclaimed), finding confusion likely with the Starbucks design logo with regard to applicant's "coffee beans," but not as to applicant's "shirts; sweat shirts."

Advertising 52

Advertising Advertising Designs Design 52

The IPKat

DECEMBER 23, 2022

Both EUTM registrations were granted. In 2016, the Government of Iceland (the cancellation applicant) - through the Ministry for Foreign Affairs and Business Iceland – filed an application for cancellation of the word mark "ICELAND" under Article 59 (1) (a) EUTMR in conjunction with Article 7(1)(b), (c) and (g) EUTMR.

Designs 52

Designs Design Registration Government 52

LexBlog IP

FEBRUARY 3, 2022

In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” The test turns upon the primary significance that the term would have to the relevant public.

Designs 40

Designs Design Branding Brands 40

IP and Legal Filings

FEBRUARY 2, 2024

The Trademarks Act of 1999 does not forbid the use of names of gods or goddesses, religious symbols, or figurines in and of themselves; But it simply limits the registration of the mark under the Trademarks Act’s Section 9(2)(b), as is shown while reading the clause. DB) [9] AIR 2016 SC 461 [10] MANU/MH/1859/2017 [11] W.P.(C).

Trademark Law 92

Trademark Law Trademark Law Service Mark 92

43(B)log

FEBRUARY 24, 2024

A variant of separating the mark from the brand; not seeing it in all categories, and we may have a world in which some marks—maybe the 1%--are not divided from brands but the others are. Other examples: design patent, as Sarah Burstein has writte n. NYU Press, 2016). Human desire for TMs?

Fair Use 45

Fair Use Branding Brands Branding 45

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. The National IPR Policy of 2016 has resulted in increasing IP registration since its inception. Objective 5.11.1

IP 40

IP Intellectual Property Branding Brands 40

SpicyIP

AUGUST 4, 2024

Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts? The respondent was using the mark ‘MAMU ROSE’ since 2016 as mentioned in their application, however evidence for the same was not provided. Court of Bari invalidates Italian PV registration for seedless grape variety ‘Sugarone’.

Social Media 89

Social Media Trademark Licensing Music 89

Intepat

MAY 8, 2023

Generally, a product can be granted a GI protection under a larger ambit, which includes Protected Designation of Origin (PDO), Protected Geographical Indication (PGI) and Traditional Specialty Guaranteed (TSG). The laws demand that a product has to be protected by the country’s GI laws before it may be registered on the international market.

Marketing 52

Marketing Marketing Government Intellectual Property 52

LexBlog IP

FEBRUARY 9, 2022

Applicant’s POTIFY platform is designed to permit legal marijuana dispensaries to market and sell their products, including via mobile applications and websites. ” Opposer’s SPOTIFY brand is so strong that it has been ranked among the “best” or most “relevant” in the United States and beyond.

Television 40

Television Music Advertising Advertising 40

IIPRD

JANUARY 23, 2023

Williams-Sonoma commented that Amazon’s own product line “Rivet” has infringed patents of furniture designs. [3] It is also generally available to Amazon Brand Registry. LEXIS 111933 & 2016 U.S. 2] Amazon also is a manufacturer of patentable products thereupon can be sued or sue for its manufacturer goods. 4] Adaptix, Inc.

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

Kashishipr

MAY 11, 2022

A trademark refers to a recognizable expression, design, or sign uniquely identifying the products or services of a specific source and differentiating them from those of others. A trademark may be located on the packaging, voucher, label, or the product itself. Law on Color Trademarks in India.

Trademark Law 105

Trademark Law Trademark Law Branding 105

43(B)log

FEBRUARY 21, 2024

16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. WCT’s app was first released in 2014 for the iPhone and Pebble watch as a metric-tracking cycling app that was designed to “track speed, distance, altitude, and grade.” Peloton’s core brand is Peloton. 2024 WL 665181, No.

Marketing 59

Marketing Marketing Trademark Branding 59

Technology & Marketing Law Blog

DECEMBER 11, 2023

MSCHF has frequently targeted major brands. 2016), aff’d , 674 F. 2016)) traded on the goodwill of Louis Vuitton; it is what made them attractive products. At this point the Second Circuit baldly states “MSCHF used Vans’ trademarks—particularly its red and white logo—to brand its own products.” 3d 252 (4th Cir.

Blogging 114

Blogging Trademark Branding Brands 114

IIPRD

SEPTEMBER 17, 2021

The famous brand Lays, during the ICC World Cup 2011 launched 6 new flavors, named after the countries playing the match, India, Sri Lanka, West Indies, Australia, England, and South Africa. COPYRIGHT OR DESIGN. It is possible for a product to fall under both Copyright and Design categories. It is an either-or choice.

Editing 52

Editing IP Artistic Work Designs 52

TorrentFreak

OCTOBER 18, 2022

Oksara LP’s registration documents, available on the UK’s Companies House portal, list B2B Consultants Ltd and BTD Enterprises Ltd as Oksara LP partners. That being said, shell companies and partnerships like these are designed to frustrate investigations, including this one carried out by the MPA. KickassTorrents.

Advertising 114

Advertising Advertising Business Reporting 114

43(B)log

FEBRUARY 24, 2023

UCLA School of Law Mark Janis: 1 st day of TM: students’ experience of brands as used by owners & 3 rd parties is so disconnected from the historical traditions of TM. If I have a shoe brand and want to collaborate w/some artists and not others. Brand owners are doing things to themselves we used to think we wouldn’t do.

Trademark 49

Trademark Branding Brands Branding 49

IIPRD

JANUARY 21, 2022

This distinct packaging assists the consumers in associating a product with a particular brand which helps in developing the goodwill and reputation of the brand. In another landmark case of Christian Louboutin Sas v. Moreover, the mark ‘RED SOLE’ was already assigned to Christian Louboutin. Abudekar and Ors [4]. ,

Branding 40

Branding Brands Branding Trademark Law 40

LexBlog IP

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. ” [1] The best part about a copyright is that its registration is typically inexpensive and straightforward. ” [8]. .”

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

Above the Fold

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. 1] The best part about a copyright is that its registration is typically inexpensive and straightforward. The reviewal process for the U.S.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

IP Whiteboard

NOVEMBER 19, 2020

BGL and its subsidiaries ( BGL Group ), including Manolo Blahnik, manufacture, distribute and sell luxury shoes and accessories bearing the “MANOLO BLAHNIK” name and brand, which are sold in over 65 countries including Australia. In Australia, Manolo Blahnik owns a number of trade mark registrations including: Reg No. 17 Oct 2016.

Branding 52

Branding Brands Branding Designs 52

LexBlog IP

JUNE 21, 2023

Of course, each use stems from the shorter phrase “make your mark,” embodying the mere notion of the archer hitting the target , or maybe even the less educated simply indicating agreement with an initial, an X, or a cross , or at times a craftsman adding “ a maker’s mark—essentially personal branding.”

Registration 52

Registration Trademark Law Trademark Law 52

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

IP 112

IP Copyright Trademark Intellectual Property 112