The TTABlog

JANUARY 17, 2024

Because Crossfirst's filing date was in 2019 and California's in 2017, California had priority. California claimed that its ring design mark is commercially strong, but its evidence did not relate solely to the ring mark. It included evidence regarding use of that mark with the bank name.

Design 53

Design Designs Registration Service Mark 53

TorrentFreak

SEPTEMBER 25, 2024

In 2017, Elsevier won a court case against LibGen and Sci-Hub in a New York federal court, which awarded the publisher $15 million in damages. The site is designed to be user-friendly while remaining resilient to enforcement measures. This is partly because the identities of those running it remains unknown.

Publishing 144

Publishing Copyright Infringement Social Media Copyright 144

IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

Design Patent 57

Design Patent Design Designs Patent 57

IP and Legal Filings

DECEMBER 17, 2024

The act defines the framework in which the trademark is to be registered, protected and the enforcement of the trademarks extends further with the Trademark rules, 2017. In addition, section 26(2) of the trademark rules, 2017, requires that an application for a combination of colours be accompanied by a reproduction of the mark.

Trademark 52

Trademark Branding Branding Brands 52

43(B)log

DECEMBER 1, 2022

OSD Audio then sued Outlaw under §512(f), and Outlaw counterclaimed for false advertising and unfair competition under the Lanham Act, copyright infringement, and trade libel. Lanham Act: The user manual did not constitute “commercial advertising or promotion.” For the copyright claim, Outlaw didn’t show irreparable harm.

Advertising 49

Advertising Advertising False Advertising Copyright 49

IPilogue

AUGUST 4, 2022

That case centered around the issue of whether the applicant’s “JU DIAN & Design Mark” was obtained in bad faith contrary to 18(1)(e) of TMA or was otherwise invalid per 18(1)(b) or 18(1)(d) of the TMA. On June 3, 2019, Judian became aware of an advertisement for sale of the trademark on an online marketplace, VanSky. Background.

Trademark 114

Trademark Registration Designs Design 114

The IPKat

MARCH 27, 2022

A very popular design of one of these boots is based on a traditional Spanish riding boot - the Regina boot or Heeled Regina - which looks like the below (and for a closer look click here ). Although their products have the "country" look and feel about them, the products aren't designed for serious country wear.

Design 52

Design Designs Copying Art 52

43(B)log

AUGUST 27, 2024

Plaid responded that PNC knew about this as early as 2017 and worked with Plaid to make it easier for PNC customers to connect to fintech apps. PNC sued for counterfeiting, infringement, and false advertising/unfair competition under federal and Pennsylvania law. Plaid’s messaging also encouraged PNC customers to change banks.”

Advertising 52

Advertising Advertising False Advertising Designs 52

Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. 4) Social media “defective design” lawsuits go forward.

Law 111

Law Social Media Advertising Advertising 111

TorrentFreak

JULY 18, 2024

These measures included a ban on advertising VPNs as a means to circumvent government blocking, which prevents access to other information currently blocked in Russia. On the other, Russia’s evisceration of VPNs since 2017 means that when Peskov referred to VPNs, he wasn’t even on the same page as many people listening.

Government 120

Government Law Privacy Advertising 120

IPilogue

FEBRUARY 28, 2022

France and Switzerland used to fight for the exclusive rights to the “Controlled Designation of Origin” for Gruyère. As a result, this application has remained as “advertised” since November 1, 1995. As the debate heated up, the European Union (EU) stepped in and eventually decided to favour the Swiss in 2001.

Trademark 105

Trademark Registering Trademarks Intellectual Property Advertising 105

The TTABlog

NOVEMBER 17, 2023

125 USPQ2d 1468, 1478 (TTAB 2017). With regard to registrant's advertising, the Board found that "[n]early all of the graphical and textual matter on Respondent’s product packaging. under the other Morton-Norwich factors, it need not consider the existence or acceptability of alternative designs. See Kohler Co.

Registration 69

Registration Design Designs Advertising 69

SpicyIP

NOVEMBER 18, 2024

Alpino Health Foods Recently, the DHC passed an order prima facie finding that Marico’s “Saffola oats” TM was “generically disparaged” by Alpino’s advertisements.

Trademark 105

Trademark Cease and Desist Music Copyright 105

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Defendant had not obtained the Deposit Design from the Copyright Office. Defendant had not tried to find out why Amazon kept reinstating Plaintiff’s listing.

Registration 132

Registration Fair Use Copyright Designs 132

SpicyIP

AUGUST 22, 2022

On 2 nd December 2021, Mason Rothschild began advertising an NFT collection of fur-covered Birkin-like handbags that he designed, advertising them as ‘METABIRKINS’. i)advertising or promotion that permits consumers to compare goods or services; or. (ii)identifying The Hermès-Rothschild Dispute.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

IP and Legal Filings

JULY 28, 2022

Government of India enacted the Real Estate (Regulation and Development) Act 2016 and the act came into force with effect from May 1, 2017. As a result, the Maharashtra government also issued the following regulations: Maharashtra Real Estate Regulatory Authority, Officers and Employees (Appointment and Service Conditions) Rules, 2017.

Registration 98

Registration Government Reporting Marketing 98

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. 1055/DELNP/2009 for the invention –“Process Device with Density Measurement” and the subsequent rejection order (dt July 7, 2017) passed by the Controller. Controller of Patents and Designs.

Trademark 126

Trademark Invention Patent Art 126

The IPKat

DECEMBER 19, 2022

KG, Inc (the Applicant) submitted a request for revocation, pursuant to Article 58(1)(a) of Regulation 2017/1001 (EUTMR), on the ground that the contested mark had not been the subject of genuine use for an uninterrupted period of five years. In 2018, Agrarfrost GmbH & Co.

Television 92

Television Advertising Advertising Designs 92

The TTABlog

JANUARY 12, 2022

As to whether the mark is famous for dilution purposes, the Board considers the following factors under Section 43(c)(2)(a) of the Lanham Act: (i) The duration, extent, and geographic reach of advertising and publicity of the mark, whether advertised or publicized by the owner or third parties. (ii) Software's first use date.

Music 75

Music Advertising Advertising Registration 75

IP and Legal Filings

APRIL 12, 2023

iii] Prior to the introduction of the Trade Mark Rules 2017, well-known trademarks were decided upon by the Indian Courts and Tribunals, and the Trademark Registry had compiled a list of such well-known marks based on judicial pronouncements. iv] Trade Mark Rules, 2017, Rule 124. [v] ii] The Trademarks Act, 1999, Section 2 (1) (zg).

Trademark 98

Trademark Branding Brands Branding 98

43(B)log

MARCH 6, 2024

1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the false advertising claims with prejudice.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

TorrentFreak

MARCH 4, 2024

In 2017, Elsevier won a court case against LibGen and Sci-Hub in a New York federal court, which awarded the publisher $15 million in damages. The site is designed to be user-friendly while remaining resilient to enforcement measures. However, both shadow libraries remained online and continue to operate to this day.

Publishing 120

Publishing Social Media Copyright Infringement Copyright 120

IP and Legal Filings

DECEMBER 13, 2024

The petitioner through the simple means of regular and massive use and advertising of its FEVIKWIK trademark already holding a strong market with a design not changed since 1987, argued that it had a right to the recognition of goodwill in such a name. Poma-Ex Products, 2017 SCC OnLine Bom 7470. [2] The Trade Marks Act, 1999. [1]

Trademark 98

Trademark Branding Branding Brands 98

Technology & Marketing Law Blog

JUNE 11, 2022

It also clearly had the right and ability to control the display of the Subject Images—its own employees published the infringing articles—and it received a financial benefit from them in the form of paid advertising. * in February 2017. 2017 WL 11665339 (SDNY Feb. CDK Global LLC v. Brnovich , No. 20-16469 (9th Cir. Tumblr, Inc.,

Copyright 124

Copyright Copying Copyright Infringement Copyright Law 124

The IPKat

MAY 26, 2024

According to the EUIPO case-law ( R-1489/2017 , R-788/2013 ), smileys or emojis are typically used in both advertising and private communication to express positive emotions. Individual emoji, such as faces, hand signs, hearts, flags, or images of everyday objects, remain generic symbols.

Advertising 64

Advertising Advertising Technology Editing 64

43(B)log

AUGUST 9, 2021

As to defendant Boyer (the relevant defendant), the class actions alleged that it falsely designated the geographic origin of its coffee with the intent to deceive, when the products actually contained little to no Kona coffee. Travelers insured Boyer, which sought coverage. And it definitely didn’t disparage Kona consumers. Nationwide Mut.

Advertising 59

Advertising Advertising Publishing Branding 59

SpicyIP

FEBRUARY 20, 2023

Delhi High Court reiterates that the counterclaim for revocation of design is maintainable before the High Court. Mold-Tek Packaging Ltd held that the counterclaim seeking revocation of the registered design is maintainable before the High Court and is not limited to being heard before the controller. Containers Indore v.

Registration 105

Registration Designs Design Trademark 105

LexBlog IP

AUGUST 23, 2023

. (“Palacio del Rio”) sought two registrations for the river-side view and street-side view of its modular designed building for hotel services. 1 Is a Building “Product Packaging” or “Product Design” Trade Dress? See Figure 2.

Design 52

Design Designs Advertising Advertising 52

The IP Law Blog

SEPTEMBER 22, 2022

Johnson Enterprises bought a copy of the P&P game, sent samples to a Chinese manufacturer, and began selling an almost identical version of P&P’s game that it called “Tailgating Pros White Connect 4” in October 2017. The expert opined that this “strongly suggests that P&P’s trade dress acquired secondary meaning.”

Copying 98

Copying Marketing Marketing Advertising 98

SpicyIP

FEBRUARY 19, 2024

The Defendant had claimed that the idea of the ‘advertisement’ of the Plaintiff’s recent product launch has been copyrighted by the Defendant. The Court held that this interpretation will apply to the 2017 Rules as well, despite the removal of the one-month extension period, as the discretion of the Registrar remains absent therefrom.

Invention 105

Invention Music Art Patent Application 105

Intepat

DECEMBER 4, 2023

Registering Foreign Trademarks in India The registration of trademarks in India is governed by the Trade Marks Act of 1999 and the Trade Mark Rules of 2017. The applicant must specify all the countries in which they seek registration, known as designated contracting parties. However, this framework primarily addresses domestic filings.

Registration 52

Registration Trademark Contracts Advertising 52

The IPKat

JULY 12, 2024

slime green (now ‘brat green’) in various means of advertising throughout the promotional campaign. The colour was also used in the official album cover, creating a clear connection with the artist’s advertised work and the inauguration of the era it signalled.

Social Media 72

Social Media IP Branding Branding 72

43(B)log

JULY 3, 2023

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. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

SpicyIP

MARCH 9, 2025

Later, he discovered the trademark had expired since 2002 without prior notice, violating Rule 58(3) of the Trade Marks Rules, 2017. The plaintiff alleged that the defendants are selling counterfeit products using his registered design without authorization. Basf Se vs Joint Controller Of Patents And Designs and Ors.

Trademark 59

Trademark Patent Copyright Patent Application 59

The TTABlog

JANUARY 24, 2022

In a 51-page opinion, the Board affirmed a refusal to register the product configuration shown below, for "handbags," finding the design to be generic and, alternatively, lacking in acquired distinctiveness: "Handbags embodying the proposed mark are so common in the industry that such product design is not capable of indicating source and.

Design 52

Design Designs Registration Music 52

43(B)log

JUNE 15, 2022

Netaifm alleged that defendants engaged in anticompetitive market behavior when the Jain entities acquired majority shares of two local design firms, which connect manufacturers to growers, and alleged false advertising. Jain is Netafim’s largest competitor. Jain had approximately $25 million in Central Valley sales in 2016.

False Advertising 45

False Advertising Advertising Advertising Blogging 45

The IPKat

MAY 19, 2023

In 2022, the EUIPO Examiner refused the application in its entirety and maintained that the application lacked distinctive character pursuant to Article 7(1)(b) of Regulation 2017/1001 (EUTMR). Instead, what matters is that the pattern is capable of indicating the commercial origin of the goods and/or services in question.

Advertising 74

Advertising Advertising Registration Designs 74