The TTABlog

FEBRUARY 16, 2023

The Board sustained Section 2(d) oppositions to the word-and-design marks shown immediately below, for Asian-themed cuisine and for restaurant services featuring same, finding confusion likely with opposer's common law mark RAMEN HOOD & Design (shown to the right) for Asian-themed restaurant services. menus and other printed items.

Designs 52

Designs Design Registration Copying 52

Garrigues Blog

JUNE 28, 2021

China has taken a further step towards aligning its regulations with the international protection system for designs. On June 1, 2021, the most recent reform of the country’s Patent Act entered into force, which includes significant changes to how industrial designs are regulated. Key reforms.

Designs 52

Designs Design Intellectual Property Registration 52

IIPRD

JUNE 29, 2022

The monogram was designed to help them brand their firm and prevent copycats from trespassing on their turf. Fashion and luxury goods manufacturing requires a great deal of imagination, from the designs of the garments to the patterns, shapes, logos, symbols, and names associated with them. IP PROTECTION LOUI VUITTON PRODUCTS HAVE.

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

The IPKat

DECEMBER 4, 2023

Then, on 29 November, the General Court ruled ( T-19/22 ) on the distinctiveness of the Vespa EU 3D mark, eventually ruling that the EUIPO Board of Appeal had erred in holding that registration invalid due to lack of distinctive character. Does ‘substantial value’ mean ‘artistic value’?

Designs 134

Designs Design Copyright Registration 134

The TTABlog

SEPTEMBER 14, 2023

In its notice of opposition, opposer claimed a likelihood of confusion with its marks STERLING , in standard character and design form, and STERLING COMPUTERS. The USPTO provides the IB with the required information regarding an opposition by forwarding a copy of the ESTTA cover sheet completed by the opposer when an opposition is filed.

Law 111

Law Registration Trademark Copying 111

IPilogue

OCTOBER 28, 2021

In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. In Pyrrha Design Inc. where original jewellery designs are automatically protected under copyright law as sculptural or pictorial works.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

The IPKat

MARCH 10, 2022

The IPKat's favourite Le Pliage When you have a handbag design bestseller with over 54 million copies sold around the world since its creation in 1993, the question concerning the IP rights vesting in it is not just an academic one. Longchamp owns EUTM registrations for the shape of Le Pliage (Nos 013928528 and 014461958 ).

IP 86

IP Designs Design Registration 86

LexBlog IP

JANUARY 18, 2023

Such notices or process may be served upon the person so designated by leaving with that person or mailing to that person a copy thereof at the address specified in the last designation so filed. Under Section 1051(e) of the Lanham Act, 15 U.S.C. In a recent case of San Antonio Winery, Inc. Jiaxing Micarose Trade Co.,

Trademark 52

Trademark Registration Designs Design 52

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. ” Nevertheless, the successor licensee sent DMCA takedown notices to Amazon targeting the registrant’s stripped-down sticker. .” per sticker set.

Registration 114

Registration Fair Use Copyright Designs 114

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 82

Registration Government Reporting Marketing 82

Intepat

MAY 24, 2023

More than 120 years ago, nine countries established a particular unit for the international registration of marks, known as the Madrid System. More and more countries have signed up to this unique international trademark registration system. The process of trademark registration internationally under the Madrid System can be read here.

Registration 52

Registration Trademark Intellectual Property Reporting 52

The TTABlog

APRIL 28, 2022

The Board dismissed Kate Spade LLC's opposition to registration of the mark WOLV & Design (shown below left) for watches, finding the mark to be too dissimilar to the KATE SPADE word mark and the "spade logo" mark (below right) to support opposer's Section 2(d) likelihood-of-confusion and its Section 43(c) dilution-by-blurring claims.

Designs 67

Designs Design Social Media Registration 67

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.

Designs 52

Designs Design Registration Music 52

SpicyIP

DECEMBER 15, 2023

A cropped version of a scanned copy of a US newspaper named ‘The Examiner’ (image from here ) This post is co-authored with Swaraj. So does this mean that like the QCI previously, the NTA will also supersede the authority of the Controller General of Patents, Designs and Trademarks (CGPDTM) in the process of recruiting its officers?

Patent 59

Patent Higher Education Designs Design 59

Technology & Marketing Law Blog

MARCH 6, 2022

” With respect to whether Babybus’ baby character infringed Moonbug’s baby, Babybus claimed that the alleged copying related to generic features found in nature. . Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

Fair Use 98

Fair Use Cease and Desist Copying Copyright Infringement 98

43(B)log

JULY 3, 2023

Industria has never had a registration for Ranchera; its application was opposed by an unrelated third party and has been suspended; a prior registration for Zenú was cancelled and Industria never sold any Zenú or Ranchera products in the United States when it owned that registered trademark.

False Advertising 59

False Advertising Advertising Advertising Registration 59

Technology & Marketing Law Blog

MARCH 15, 2022

Fuxi, the putative copyright owner, has a registration for an image of printed sage leaves (the left image): The alleged infringer, the Sunny Factory, sells the candles on the right on Amazon. That’s by design–the DMCA was designed to resolve matters outside of court. ” This is clearly wrong.

Copyright 129

Copyright Fair Use Cease and Desist Litigation 129

azrights

NOVEMBER 3, 2021

You may remember from a previous blog post that Coca Cola had design protection of the bottle shape available as an interim measure while they built associations to the bottle shape through their advertising. Competitors Copying Your Colour. In practice, there is a constant interplay between use of identifiers and ownership of them.

Trademark 52

Trademark Branding Brands Branding 52

SpicyIP

OCTOBER 27, 2023

Challenges Under IP Law Dark patterns are deceptive or manipulative design elements or techniques used in user interfaces to trick users into taking actions they may not want to take. For instance, when a person copies the unique packaging design of a popular energy drink, it confuses consumers and potentially infringes the trade dress.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

The IPKat

FEBRUARY 23, 2023

Ltd [2022] EWHC 1895 (Ch) (July 2022) In our last volume , we reported on Samsung being held directly liable as a platform for copied watch faces for Samsung smartwatches. In 2013, Cadbury’s registration for Pantone 2685C was held invalid because its description rendered it void for lack of certainty.

Registration 74

Registration Advertising Advertising Law 74

Technology & Marketing Law Blog

APRIL 29, 2023

” As for the remaining copyright-based takedown notice, the court says it doesn’t matter that BAYC didn’t have a copyright registration for the work at issue because unregistered works are still protectable. Benjamin * How Have Section 512(f) Cases Fared Since 2017? Babybus * A 512(f) Plaintiff Wins at Trial!

Fair Use 99

Fair Use Cease and Desist Copyright Trademark 99

SpicyIP

FEBRUARY 13, 2023

What stands out here is that the Court granted an injunction in favour of the Plaintiff based on earlier registration without considering the non-use of the mark by them. Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013.

Designs 52

Designs Design Trademark Cease and Desist 52

Technology & Marketing Law Blog

AUGUST 18, 2022

The Copyright Office registered this work: The registration makes sense with the landscape backgrounds. Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Benjamin. * How Have Section 512(f) Cases Fared Since 2017?

Fair Use 106

Fair Use Cease and Desist Copyright Blogging 106

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The first application for a blockchain patent was submitted by the Industrial and Commercial Bank of China with China’s State Intellectual Property Office in November 2017. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same. Blockchain’s possible application in the world of IP?

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The first application for a blockchain patent was submitted by the Industrial and Commercial Bank of China with China’s State Intellectual Property Office in November 2017. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same. Blockchain’s possible application in the world of IP?

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The first application for a blockchain patent was submitted by the Industrial and Commercial Bank of China with China’s State Intellectual Property Office in November 2017. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same. Blockchain’s possible application in the world of IP?

Technology 52

Technology Patent IP Invention 52

IIPRD

MARCH 17, 2023

And in India, the nutraceuticals industry is expected to expand from USD 4 billion in 2017 to USD 18 billion by 2025. This regulation provides the responsibility of the manufacturer, and as per this regulation, product registration is not necessary. There are several reasons for this.

IP 52

IP Intellectual Property Marketing Marketing 52

IIPRD

NOVEMBER 14, 2023

Musical Arts, designs, pictures, software, material, and many other sorts of Intellectual Property can be transferred using an e-commerce platform in the digital age. There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. 12] Kent RO Systems Ltd. Singhal Publications 2018). [14]

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

43(B)log

FEBRUARY 22, 2021

for women: a swimsuit with decorations attached; can get more elaborate with feathers and design elements. © attaches without registration and endures for much longer than design rights. Tyler Ochoa: Thinks that these were probably easily registrable even pre- Star Athletica because of nonfunctionality. More typical, esp.

Copyright 40

Copyright Art Copying Editing 40

Plagiarism Today

JANUARY 3, 2022

This came to a head in 2017 when the filmmaker Rick Allen sued the State of North Carolina over alleged illegal copying of footage he shot of Blackbeard’s sunken ship. According to Unicolors, the retailers infringed on one of their designs and sold various goods with it. 5: The Public Domain Expands.

Copyright 257

Copyright Public Domain Registration Social Media 257

Kashishipr

AUGUST 2, 2021

Goods or items produced outside Bangladesh involving infringement of the Copyright Act, 2000 or infringement of layout design of integrated circuits that are intended for sale or use for commercial purposes within the territory of Bangladesh. A Unique Temporary Registration Number (UTRN) is generated on filing the online application.

IP 105

IP Intellectual Property Registration Registering Trademarks 105

Patently-O

MAY 2, 2024

In this appeal, the Federal Circuit affirmed a Trademark Trial and Appeal Board (TTAB) decision sustaining an opposition proceeding and refusing registration of the standard character mark #TODECACHO for hair combs. Framboise Holdings Inc., 23-1142 (Fed.

Trademark 57

Trademark Designs Design Registration 57

SpicyIP

MAY 20, 2024

SpicyIP Tidbit: Delhi High Court grants an Ex-parte Ad interim Injunction to Designer Gaurav Gupta On DHC’s recent interim injunction to designer Gaurav Gupta, Surabhi highlights the problem with the Court’s one glove fits all approach in this tidbit. Read on to know more. What’s in a Name?

Trademark 45

Trademark Advertising Advertising Copyright 45

The IP Law Blog

MARCH 2, 2021

This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. 23, 2017), [link] awards-new-balance-1-5-million-in-trademark-case-idUSKCN1B317X.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

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

IIPRD

FEBRUARY 8, 2024

Surveillance and analysis of IP-related activities on the internet, such as domain name registration, web crawling, social media monitoring, and online marketplace scanning which can help detect potential IP infringement cases, such as cybersquatting, phishing, counterfeiting, piracy, and plagiarism. 13, Acts of Parliament, 2017 (India). [11]

Intellectual Property 52

Intellectual Property IP Government Technology 52

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.” World Champ Tech LLC v. Peloton Interactive, Inc.,

Marketing 59

Marketing Marketing Trademark Branding 59