Technology & Marketing Law Blog

MARCH 7, 2022

Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. Legal Background: Registration. Unicolors, Inc.

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Registration Blogging Copyright Designs 98

The IPKat

SEPTEMBER 25, 2023

Pursuant to Article 58(1)(a) of Regulation 2017/1001 (EUTMR), a trade mark which has not been put to genuine use by its holder within five years after its registration may be liable to revocation unless there are valid reasons for its non-use.

Fair Use 119

Fair Use Registration Designs Design 119

IP and Legal Filings

OCTOBER 23, 2023

These E-commerce platforms make it simple to access consumer goods from a computer or smart phone, but they also, by their very nature, make it simple for counterfeiters to market their counterfeit goods. In the year 2017 the market value of the E-commerce was $38.5 Nakul Bajaj &Ors, [Civil Suit No. 344/2018]. [6]

Marketing 98

Marketing Marketing Trademark Registration 98

The IPKat

AUGUST 8, 2021

Registration was obtained in March 2018 by decision of the Opposition Division following an unsuccessful opposition filed by Aeroporto di Villanova d’Albenga SpA (Riviera-Airport) (the applicant), which was named Aeroporto Villanova d’Albenga SpA at the time of the opposition. azacilik Tekstil Sanayi ve Ticaret v EUIPO (C?104/18 104/18 P) ).

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Cease and Desist Registration Business Marketing 130

Intepat

APRIL 10, 2022

Trademark Registration for MSME. It assists in market development, quality, and technology up-gradation. Additionally, trademark registrations for MSMEs are relatively cost-effective, and it is a simple trademark process that can be done online. Registration fee. Every trademark is unique. 4500/- per class.

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Registration Trademark Branding Branding 52

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.

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Registration Government Reporting Marketing 98

Biswajit Sarkar Copyright Blog

JANUARY 10, 2023

What is a registration of trademark? Trademark registration is not a mandate under the Indian trademark law, however it is advisable to go for a registration for certain reasons. Under Section 31 , the registration certificate of the trademark serves as an evidence during infringement lawsuits. Procedure of Registration.

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Registration Trademark Reporting Trademark Law 52

Corsearch

FEBRUARY 28, 2024

Read on to learn about: The difference between patents and industrial designs Recent industrial designs registration trends How you can swiftly search for industrial designs with Corsearch What are industrial designs? These and other questions are relevant in assessing registrability potential for patents. in 2017, 14.6%

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Registration Design Designs Intellectual Property 59

The IPKat

JULY 7, 2022

Concern is often expressed that design rights that are limited in time may be unduly extended in perpetuity through trade mark registrations and thus extended to create a monopoly for a particular shape.

Marketing 115

Marketing Marketing Registration Design 115

The IPKat

FEBRUARY 27, 2023

The General Court has recently confirmed with decision T-253/22 the refusal of the application for trade mark registration of the verbal sign “ Sustainability through Quality ”. The examiner rejected the application on 23 rd March 2020. Comment This decision adds to the increasingly relevant debate on greenwashing.

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Trademark Advertising Advertising Marketing 132

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. ” Nevertheless, the successor licensee sent DMCA takedown notices to Amazon targeting the registrant’s stripped-down sticker. .”

Registration 132

Registration Fair Use Copyright Designs 132

LexBlog IP

OCTOBER 13, 2021

Further, according to article 8(2) of Law 4481/2017, a CMO may exist under the form of a public limited company (SA), but all of its shares must be mandatorily registered. Legal forms of CMOs. In practice, most CMOs in Greece have chosen the form of limited liability civil cooperatives. to be organised on a non-profit basis.

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Related Rights Law Licensing Copyright 98

Patently-O

JUNE 29, 2022

That divide allows the company to cater to local market preferences and regulations and also avoid potential arbitrage. In the 1970’s Coca-Cola withdrew its flagship sugary cola from the Indian market at a time of heavy regulation of foreign companies. In the 1990s, the Indian market opened again to foreign competition.

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Trademark Trademark Law Branding Branding 121

Intepat

DECEMBER 4, 2023

With an increasing number of countries joining this unique international trademark registration framework, the World Intellectual Property Organization (WIPO), a specialized United Nations agency in Geneva, has administered over a million trademark registrations worldwide. What is a Provisional Refusal under the Madrid System?

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Registration Trademark Intellectual Property Registering Trademarks 52

IP and Legal Filings

DECEMBER 13, 2024

It concerns with the registration and protection of trademarks for products and services alike from being used deceptively, false marks. The rectification petition was filed, after defendants changed their packaging and got trademark registration for the new brand, KWIKHEAL. Poma-Ex Products, 2017 SCC OnLine Bom 7470. [2]

Trademark 98

Trademark Branding Branding Brands 98

SpicyIP

NOVEMBER 18, 2024

Highlights of the Week Don’t Offend My Oats: Generic Disparagement, Market Leadership, and Marico Limited vs. 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. Anything we are missing out on?

Trademark 105

Trademark Cease and Desist Music Copyright 105

IP and Legal Filings

JANUARY 19, 2023

Introduction Prior to 2017, China was the largest cryptocurrency market in the world, with 80% of Bitcoin transactions, the most popular digital currency, taking place in yuan 1. With “blockchain” in their name, almost 5,000 companies have been formally registered, up from 500 in 2017.

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Technology & Marketing Law Blog

JUNE 8, 2024

We usually get ours at the local farmers market.] ” But the trademark registration was over 5 years old, so it had become “incontestable.” CV H-17-1068, 2017 WL 2957912, at *8 (S.D. CPUSA2 appeared first on Technology & Marketing Law Blog. Yum, and easily veganized. ” Say what? ” Uh oh.

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Trademark Advertising Advertising False Advertising 129

The IPKat

OCTOBER 4, 2021

In 2000, Nestlé filed an application with the Swiss Trademark Office for registration of a 3D trade mark in class 30 for coffee, coffee extracts and coffee preparations. Quoting the CJEU, the Federal Supreme Court explained that trade mark law is an essential aspect of, and must contribute to, a competitively functioning free market.

Public Domain 145

Public Domain Marketing Marketing Licensing 145

The TTABlog

OCTOBER 20, 2023

In a non-precedential ruling, the CAFC affirmed the TTAB's decision [ TTABlogged here ], granting a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. Actually, registrations are cancelled, not marks - ed. Text Copyright John L.

Registration 58

Registration Trademark Service Mark Marketing 58

Selvam & Selvam Blog

SEPTEMBER 16, 2021

The USPTO’s Post Registration Audit Program. Under the USA’s Post Registration Audit Program, a declaration of use must be filed between the fifth and sixth year of the validity of the registration of the trademark. However, the use of a trademark is rarely monitored subsequent to its registration.

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Registration Trademark Branding Branding 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 principal testified that he continued developing a new version of the Bike+ app from 2017 until 2020, writing “over 2.4 World Champ Tech LLC v. Peloton Interactive, Inc., 2024 WL 665181, No. 21-cv-03202-LB (N.D.

Marketing 59

Marketing Marketing Trademark Registration 59

The TTABlog

APRIL 17, 2023

Applicant Chizena, a Long Island resident purportedly oblivious to the meteoric ascent of Aaron Judge in the baseball world, filed his intent-to-use applications for the word marks on July 14, 2017, and for the design mark on October 12, 2017. On July 10, 2017, he won the Home Run Derby at the All-Star Game. David Justice? -

Trademark 95

Trademark Designs Design Licensing 95

The IPKat

FEBRUARY 22, 2022

The thorny issue of the registration of a 3D trade mark never ceases to challenge the trade mark system. EOS maintained that the trade mark was inherently distinctive and, in the alternative, was registrable based on acquired distinctiveness, under Article 7(3) EUTMR. EOS appealed to the EUIPO Boards of Appeal (case R 2017/2019-4 ).

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Registration Marketing Marketing 90

SpicyIP

APRIL 15, 2022

PPL regarding the conflict over registration as collecting societies. Importantly, the court has clarified that the registration of RMPL would not prejudice the decision on the registration of PPL. The Court has also made a prima facie observation that PPL got “hopes” of registration from correspondences with the Registrar.

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Registration Licensing Copyright Litigation 105

Technology & Marketing Law Blog

MARCH 11, 2022

In 2017, LiveJournal changed its policies. Nevertheless, the registration is worthless because Newman qualifies for fair use. ” Market Effect. Monsarrat “expressly conceded at oral argument that there is no potential market for his work.” Newman appeared first on Technology & Marketing Law Blog.

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Fair Use Copying Copyright Publishing 130

IP and Legal Filings

FEBRUARY 20, 2022

As a result, slogan registration is frequently denied due to a lack of distinctiveness. The criterion for distinctiveness for slogans is the same as for other word marks, i.e., it should be examined in light of the goods or services for which registration has been sought, as well as the public’s perception of the mark.

Trademark 76

Trademark Advertising Advertising Registration 76

The IPKat

NOVEMBER 1, 2021

But what happens when the proprietor of a Chinese registration is ‘beaten to the punch’ in the EU? The GC affirmed a decision of the Board of Appeal (BoA), holding that a registration for AGATE was invalid, having been made in bad faith [BoA decision here , GC decision here , case no T-592/20]. It registered on 21st June 2017.

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Registration Public Domain Reporting Marketing 78

The IPKat

AUGUST 12, 2024

In 2017, Amycel found that a Polish farmer (whose name is redacted in the order) produced and marketed a mushroom strain named 'Cayene'. Additionally, the court dismissed the defendant's argument that the urgency requirement was not met because 'Cayene' had been known in Poland since 2017.

Contracts 108

Contracts Patent Patent Law Law 108

The IPKat

DECEMBER 9, 2021

Katfriend Federica Combariati (TM IP Counsel at Assa Abloy) discusses a recent decision relating to AC Milan’s attempt to extend its international trade mark registration for its club logo to the territory of the European Union. A German based company, very prolific in such business area, has already registered the name "Milan".

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Branding Branding Brands Registration 94

43(B)log

DECEMBER 16, 2022

I spent years teaching fitness and developing The Sculpt Society method before launching in 2017.” Claims that a defendant invented a product to fill a gap in the market, and the resulting implications regarding the innovativeness of a defendant’s product, constitute puffery rather than an assertion of fact.”

Marketing 45

Marketing Marketing False Advertising Contracts 45

The IPKat

MAY 30, 2023

74(2) of Regulation 2017/1001 to Art. Background On 14 October 2017, Emmentaler Switzerland - Consortium Emmentaler AOP (the Applicant) obtained the International Registration No 1378524 for the word sign “EMMENTALER” from the International Bureau of the World Intellectual Property Organization.

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Registration Intellectual Property Design Designs 61

The IPKat

SEPTEMBER 30, 2023

In December 2022, following several exchanges of correspondence with Colt, the examiner assigned to the Application (the Examiner) issued a decision rejecting the Application on the grounds that the Mark failed to satisfy the requirement of intrinsic distinctive character pursuant to Article 7(1)(b) of the EU Trade Mark Regulation 2017/0001 (EUTMR).

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Registration Intellectual Property Marketing Marketing 124

The TTABlog

JUNE 26, 2024

It sought cancellation of a registration for the mark PREDATOR & Design , issued in 2017, for soft drinks and energy drinks made with natural ingredients, claiming lack of bona fide intent and abandonment. The registration was blocking Monster's application to register PREDATOR for energy drinks, soft drinks, and sports drinks.

Design 56

Design Designs Registration Social Media 56

SpicyIP

JULY 28, 2023

The courts have repeatedly held that in the Indian market, if the customers and services offered by the company are different, similar trademarks may be protected. Public perception which is a relevant factor is possible with Twitter due to its current foothold in the market.

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Trademark Marketing Marketing Branding 96

43(B)log

MARCH 1, 2022

Bell continues to market his 1982 72-page book, and also sells merchandise, “including t-shirts and posters that display the passage that was quoted in the tweets.” That’s what Chisholm Trail High School’s softball team and color guard did in 2017, on Twitter, to under 1000 followers, crediting Bell. NXIVM Corp. Ross Institute, 364 F.3d

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Fair Use Social Media Licensing Marketing 90

IP and Legal Filings

JANUARY 11, 2024

Patent and Trademark Office (USPTO) has stringent procedures for scent trademark registration. This conundrum is acknowledged in the Official Manual, 2017 of Trade Marks in India, which claims that since odours do not fulfil the definition of a graphical representation, they are not to be recognised. Iconic scents like Chanel No.

Trademark 105

Trademark Intellectual Property Branding Branding 105