Erik K Pelton

DECEMBER 20, 2022

And the number of active trademark registrations in the USPTO database is larger than ever. Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

Kashishipr

OCTOBER 5, 2022

In the ongoing highly competitive working business environment, the elements of a good advertisement are likely to be copied or imitated by others in the industry. Brands and businesses are now exploring more innovative ways to advertise their offerings, i.e., products or services. In this case, the plaintiff was Bright Lifecare Pvt.

Intellectual Property 52

Intellectual Property Advertising Advertising Brands 52

IP and Legal Filings

JUNE 10, 2024

The plaintiffs argued that the in Parle Agro’s label, “For the Bold” was prominently displayed and emphasis was given to the contested tagline in all the advertising campaigns. As evidence, advertisements featuring on Parle’s Facebook Page on 28 th November 2020 and 3 rd January 2021 were presented before the court. For the Bold!”

Trademark 98

Trademark Advertising Advertising Registering Trademarks 98

The TTABlog

AUGUST 19, 2024

In a "somewhat unusual" Section 2(d) cancellation proceeding targeting a Supplemental Register registration and involving "dueling claims of acquired distinctiveness," the Board granted a petition for cancellation of Fieldvine's Inc's registration for the mark PERMITS.COM for construction permit services.

Registration 49

Registration Advertising Advertising Service Mark 49

The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Applicant GB's design patent served as some evidence of non-functionality, but was outweighed by GB's own advertising touting the design's utilitarian benefits.

Advertising 90

Advertising Advertising Design Patent Designs 90

IPilogue

AUGUST 4, 2022

The applicant, Beijing Judian Restaurant Co (“Judian”), has operated restaurants in Vancouver and Richmond since 2018, along with numerous well-known ( served over 5,750,000 customers between 2011 and 2019 ) restaurants in China since 2005. Background. Sing and demanded CAD $1,500,000 for Beijing Judian to acquire use of JU DIAN trademarks.

Trademark 114

Trademark Registration Designs Design 114

The TTABlog

JUNE 14, 2021

Claiming common law rights in the mark TRAVELSMART for mobile apps related to travel, Petitioner AWP sought cancellation of a registration for the mark CHUBB TRAVEL SMART for similar mobile apps. A petitioner may petition to cancel a registration if such cancellation is within the zone of interests protected by the statute, 15 U.S.C.

Registration 52

Registration Ownership Advertising Advertising 52

SpicyIP

JANUARY 13, 2025

The plaintiff had acquired numerous registrations in India for the MARRIOTT and MARRIOTT formative marks. 2, a marketing/advertising agency acting under the instructions of defendant no.1, In August, 2018, petitioner was drawn to the trade mark registration in the name of the respondent no.1. But Defendant No.

Personality Rights 52

Personality Rights Trademark Registration Artwork 52

The TTABlog

MARCH 12, 2024

The Board granted a petition for cancellation of a registration for the mark MRS. COLORADO , finding that Respondent Abundance Productions had not used the mark in commerce in connection with "Entertainment in the nature of beauty pageants" on or before the filing date of the underlying application. Emphasis supplied].

Service Mark 53

Service Mark Registration Licensing Advertising 53

The TTABlog

JANUARY 21, 2022

The Board pointed out that Marquardo is seeking a nationwide registration, and so the likelihood of confusion analysis must proceed as if the marks were in use throughout the country. Moreover, Dana-Farber's registrations are entitled to national protection. The Board declined to consider them. Diamond Hong, Inc., million in revenue.

Registration 84

Registration Advertising Advertising Copyright 84

SpicyIP

DECEMBER 23, 2024

Marico had sought injunction on Alpinos advertisement alleging generic disparagement of oats. The respondent had obtained registration of the mark ‘NIPPU’ in 2018 on a ‘proposed to be used’ basis. Alpino and Generic Disparagement: Alpino seeks vacation of ex-parte injunction alleging suppression of facts.

IP 58

IP Trademark Registering Trademarks Personality Rights 58

TorrentFreak

SEPTEMBER 27, 2023

Pirate Sites Funded By Illegal Advertising Media reports from 2018 indicate that Xoi Lac TV and many other sites were blocked on copyright grounds. When football streaming sites are blocked in Vietnam, discussion of illegal betting advertising on the platforms usually appears as part of the discussion. IP address and U.S.

Reporting 123

Reporting Advertising Advertising Copyright 123

Intepat

MARCH 25, 2025

Most notably, in 2018, the Hasbro toy company registered the distinctive smell of their toy Play-Doh as a scent trademark. They also take refuge under the exception granted for comparative marketing, making reference to the luxury product solely as a point of comparison in their advertising.

Copying 59

Copying Brands Branding Branding 59

The TTABlog

DECEMBER 21, 2021

The NAKED condom case returned to the TTAB after a CAFC reversal [ TTABlogged here ] and the Supreme Court's denial of the registrant's petition for writ of certiorari (September 2021). Nor did respondent have advertising material or seek FDA approval. Australian Therapeutic Supplies Pty. Naked TM, LLC , Cancellation No.

Registration 53

Registration Contracts Advertising Advertising 53

Patently-O

NOVEMBER 21, 2022

SoClean’s problem back in 2018 was how to protect these filters with intellectual property. With the trademark registration in-hand, the district court partially granted SoClean’s motion for preliminary injunction. Here, however, Federal Registration serves as prima facie evidence of validity.

Design 75

Design Designs Registration Trademark 75

Technology & Marketing Law Blog

JULY 5, 2021

The Counterclaim alleges that Kid Car purchased “KIDMOTO” as keyword on Google and that by using ‘kid car’ in the resulting advertisement there is a likelihood of consumer confusion.” ” * RVC Floor Decor, Ltd. Floor and Decor Outlets of America, Inc., 2021 WL 1163117 (E.D.N.Y. March 18, 2021).

IP 85

IP Social Media Fair Use Brands 85

TorrentFreak

SEPTEMBER 11, 2024

“All stakeholders in the internet ecosystem, including hosting providers, DNS providers, cloud services, advertising networks, payment processors, social media platforms, and search engines, should proactively work towards reducing support for well-known infringing sites,” BREIN writes in its submission.

Social Media 125

Social Media Reporting Privacy Technology 125

43(B)log

JANUARY 18, 2022

WRB has an incontestable registration for “Hammer-Schlagen” and a registration for the trade dress of its stump, cross-peen hammer, and nails: specifically, “a three-dimensional configuration. DAMM has a registration for “Minneschlagen.” WRB’s word mark registration states that “the English translation of ‘hammer-schlagen’.

Registration 45

Registration Ownership Social Media Marketing 45

IP and Legal Filings

SEPTEMBER 12, 2024

Samsung : This was a case, from 2011 to 2018, where Apple took the word against Samsung, claiming infringement of its smartphone design and utility patents. The legal battle unfolded in several countries and brought about several verdicts, one of the most significant being a $539 million jury verdict in Apple’s favor back in 2018.

Brands 98

Brands Branding Branding Trademark 98

The TTABlog

MARCH 17, 2022

In 2009, Viacom let lapse its registration for DOUBLE DARE for production and distribution of a children's game show. Applicant Armstrong contended that Viacocm abandoned the DOUBLE DARE mark between 2009 and 2018, and so Armstrong filed its intent-to-use application in January 2018. Reruns followed.

Television 61

Television Social Media Trademark Registration 61

The IPKat

SEPTEMBER 30, 2024

EasyGroup, on the other hand, relied on certain registrations which it acquired from a third party as part of a settlement following another(!) The Court disagreed. Applying Merck KGaA v Merck Sharp and Dohme Corp [2017] EWCA Civ 1834 , the Court noted that what was important was the purpose for which the services were provided.

Advertising 69

Advertising Advertising Registration Brands 69

The IPKat

DECEMBER 19, 2022

Background In 2001, McCain GmbH (the Intervener) successfully registered the following three-dimensional sign as an EUTM: Registration was obtained for goods in Class 29 (pre-cooked potato croquettes and products based on mashed potatoes frozen) of the Nice Classification. In 2018, Agrarfrost GmbH & Co.

Television 92

Television Advertising Advertising Design 92

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? by guest blogger Prof. Alexandra Jane Roberts.

Blogging 111

Blogging Social Media Television Fair Use 111

The IPKat

JANUARY 6, 2022

In my view the judgment is controversial and arguably misses the bigger picture, including the cumulative impact of more and more broadly drafted registrations on the practice of trade marks. The same could also apply to a company registration. SkyKick has said it would appeal – again – this time to the UK Supreme Court.

Registration 96

Registration Cease and Desist Brands Branding 96

The TTABlog

JULY 29, 2021

In a case decided under the TTAB's ACR regime, the Board granted a petition for cancellation of Nema Foods' twenty-year old registration for the mark SEYIDOGLU (in standard form) for various food items, finding that the mark falsely suggests a connection with Petitioner, a major manufacturer of food products, including Turkish desserts and jams.

Registration 40

Registration Cease and Desist Ownership Advertising 40

SpicyIP

NOVEMBER 2, 2021

For the benefit of the reader, the diagram taken from the Trademark registry’s portal describe the entire workflow of an application from filing to its registration. Accepted & Advertised. Advertised before acceptance. The Dataset. The dataset consisted of 309,189 marks in total. Exam Report Issued. Rectification Filed.

Reporting 126

Reporting Trademark Advertising Advertising 126

The TTABlog

JULY 5, 2023

The Board rendered a split decision in this opposition to registration of the mark EVOGUE for a wide variety of consumer electronic devices and accessories, tossing out Opposer Advance Magazine's Section 2(d) claim but partly upholding its dilution claim, based on the registered mark VOGUE for, inter alia , magazines and mobile phone software.

Registration 40

Registration Trademark Ownership Advertising 40

The IPKat

SEPTEMBER 22, 2022

According to the Court, the advertising and promotional activities for the marks relating to hotel and ancillary services constitute acts of use of an EU trade mark. For the most part, when looking for a hotel room, Merpel does not look for "standard" services. The EU trade mark was registered in 2011.

Advertising 40

Advertising Advertising Intellectual Property Marketing 40

The IPKat

DECEMBER 11, 2022

As a result, proof use of the earlier mark in the UK should be disregarded. The present analysis only concerns the applicant’s claim regarding the acquired distinctiveness of the earlier mark.

Registration 95

Registration Intellectual Property Law Advertising 95

The IPKat

FEBRUARY 23, 2023

In 2013, Cadbury’s registration for Pantone 2685C was held invalid because its description rendered it void for lack of certainty. An appeal in 2018 failed to dodge this finding by trying to argue that the registration was a series of marks (see Volume 5 ). On appeal, Meade J disagreed and upheld the registration.

Registration 78

Registration Advertising Advertising Law 78

Indiana Intellectual Property Law

AUGUST 18, 2021

According to the Complaint, Giant Eagle acquired the Rickers convenience store chain in 2018 and eventually rebranded those stores under the getGo® marks. Registration No. Further, Giant Eagle claims it has spent millions of dollars to advertise and promote its services using the getGo® Marks. Service Mark Registrations, Nos.

Trademark 52

Trademark Registration Service Mark Advertising 52

IIPRD

MARCH 4, 2024

For example, noodles people prefer Maggie over other companies noodles because of the uniqueness in the packaging, taste and also the advertisement which creates an impact on customers to buy the product. Also, it is really important to renew the registration because there is a limit to registration. 2] Novartis v. Cipla, I.A.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

SpicyIP

MAY 10, 2023

March 15, 2018, was filed before the IPAB and was subsequently transferred after the enactment of the Tribunal Reforms Act. Registrar of Trademarks : Section 11(1) objection must cite allegedly similar marks Subject “drum” mark as taken from the order. Now moving to the problematic order from the Trademark Registry.

Trademark 125

Trademark Invention Patent Art 125

IP and Legal Filings

JANUARY 19, 2023

The Central Bank of China announced in July 2018 that its prohibition on domestic cryptocurrencies had been quite successful, with barely 1% of crypto-trade activity involving Yuan. Additionally, cryptocurrency advertisements are not allowed, and key words associated with them are tracked.

Government 97

Government Marketing Marketing Business 97

43(B)log

SEPTEMBER 11, 2023

Because the plaintiff doesn’t own the relevant registration, its §32 claims fail, but the court allows §43(a) claims to proceed, partially reversing the district court’s grant of summary judgment—but read on for more on what that might look like. It first expanded into Austin in 2018. Assignments of registered marks must be in writing.

Advertising 69

Advertising Advertising Marketing Marketing 69

The IPKat

JUNE 11, 2022

On 24 August 2018, the Cancellation Division revoked the contested marks in respect of all of the goods in Class 9. Comment This case is a useful reminder that trade mark registrations may not last forever, despite the legacy behind them - such trade marks must still be used in accordance with their essential function.

Advertising 97

Advertising Advertising Reporting Registration 97

SpicyIP

JUNE 19, 2022

67306 lakhs over the last three financial years, i.e., 2018-2021. It is also stated to have spent “enormous amounts of money” in advertising and publicity. The said mark, including the label, is stated to have extensive goodwill and reputation, having been adopted in 1988, with copyright and trademark registrations dating back to 2006.

IP 126

IP Marketing Marketing Trademark 126