IP and Legal Filings

JANUARY 11, 2024

Trademarks are traditionally considered to be connected with visual elements that include logos, brand names, as well as packaging however, the field of trademarks has widened and it includes non-traditional marks, such as smells, sounds, colors etc. Iconic scents like Chanel No. Iconic scents like Chanel No.

Trademark 105

Trademark Intellectual Property Branding Brands 105

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 2019, 19.3%

Registration 59

Registration Design Designs Intellectual Property 59

Erik K Pelton

DECEMBER 28, 2020

The number of applications filed, and registrations granted in FY2020 both grew over the prior year, to the highest in history. trademark registrations! When Congress passed the CARES Act in late March, it featured provisions allowing the USPTO to extend some deadlines for applicants and registrants for a few months.

Trademark 130

Trademark All Rights Reserved Registration Branding 130

Plagiarism Today

AUGUST 18, 2021

At least five of those lawsuits were dismissed by March 2019 due to the lack of a proper copyright registration. In 2019, it was estimated to have made $1.8 This included actor Alfonso Ribeiro and the rapper 2 Milly among others. None of this has stopped Fortnite from becoming both a gaming juggernaut and a cultural phenomenon.

Plagiarism 246

Plagiarism Copying Artwork Copyright Infringement 246

The IPKat

NOVEMBER 30, 2023

The case concerned the registration of 'Prosecco' as a GI in Singapore. This Kat was interested to see a court finally address this argument Singapore has offered protection for GIs since 1999, but it only adopted a registration-based system in the last decade with the Geographical Indications Act 2014 ('GIA').

Registration 134

Registration Advertising Advertising Law 134

IPilogue

OCTOBER 19, 2021

Last December , Cookie Department accused Hershey-owned company One Brands LLC of copying one of their trademarks in a California federal court lawsuit. One Brands sold a product labelled “Tough Cookies Only” which Cookie Department argued infringed on its “Tough Cookie” trademark.

Cease and Desist 105

Cease and Desist Branding Brands Branding 105

LexBlog IP

DECEMBER 3, 2021

Branding has become more important than ever, particularly in developing an online presence through search engines, various online platforms, and social media. Further, the rise of the “influencer” has opened additional opportunities to deliver brands and products to targeted demographics. Online Marketplace Protection.

Branding 52

Branding Brands Branding Intellectual Property 52

azrights

MARCH 15, 2021

There are two drivers of brand asset strength: uniqueness and fame. For example, when you see the swoosh logo of the Nike brand you know it represents Nike even though it may be featured on its own with no name accompanying it. If an asset is less famous, it is more likely to be mistakenly attributed to a competitor’s brand.

Branding 52

Branding Brands Branding Trademark 52

IPilogue

SEPTEMBER 22, 2021

In May 2019, Marc Jacobs Trademarks L.L.C. MJT) applied to the United States Patent and Trademark Office (USPTO) seeking registration for use of the word “THE” on clothing, handbags, and related goods. As a result, OSU was informed in September 2019 that MJT’s application may bar theirs from registration.

Trademark 105

Trademark Registration Branding Brands 105

The TTABlog

JUNE 17, 2024

Court of Appeals for the Fourth Circuit has ruled that Bacardi's challenge to the USPTO's renewal of the registration for that mark may be heard in the federal courts. In 2006, Cubaexport was barred from paying the renewal fee for the HAVANA CLUB registration due to a trade embargo. See Bonehead Brands, LLC v. Bacardi & Co.

Registration 53

Registration Trademark Intellectual Property Licensing 53

The IPKat

OCTOBER 20, 2021

For those interested in participating, the business opportunity can be found here (in order to see the tender documents and participate, a BASIC registration in the United Nations Global Marketplace (UNGM) is required). Register here. Photo by Omar Ramadan from Pexels.

Intellectual Property 109

Intellectual Property Intellectual Property Law Registration IP 109

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

The IPKat

OCTOBER 16, 2022

This registration had a tumultuous road on route to registration: historical disputes, conflicts with trade marks, a legal reform and two separate GI applications. The application for registration of “Couteau Laguiole” asserts that the Laguiole cutlery industry was revived by bringing cutlers from Thiers.

Registration 117

Registration Art Branding Brands 117

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.

Registration 52

Registration Trademark Branding Brands 52

The IPKat

MAY 16, 2022

The opposition was based on several earlier marks, including an Italian figurative mark with a word element “ZARA”, registered in Class 30, and an international registration for “LE DELIZIE ZARA”, registered in Classes 29 and 30. From the BoA decision (R 2040/2019-4, para. Inditex appealed to the General Court ( T-467/20 ).

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Registration Branding Brands Branding 93

The TTABlog

MAY 29, 2024

The same applicant met the same fate in this attempt to register that same phrase for "Online retail store services featuring clothing, jewelry, bags, gifts, home goods, hats, blankets, mugs, belts, branded gift bags, floor mats, keychains, novelty toys for playing jokes, and pillows." Wal-Mart Stores , 2019 WL 193990, at *12.

Service Mark 91

Service Mark Branding Brands Branding 91

The IPKat

MARCH 4, 2024

Both Nike and Jacquemus are brands retaining a remarkable legacy in the realm of fashion … and IP too. The bag was first launched on Jacquemus’ Instagram account and stirred an intense debate among the brands’ audience.

Copying 104

Copying Design Designs Branding 104

Technology & Marketing Law Blog

JULY 26, 2021

Federal courts typically require the copyright owner to have a copyright registration in hand before suing ( see 17 U.S.C. 881 (2019)). In contrast, a copyright owner can initiate a CCB proceeding before obtaining a registration. The CCB is a brand-new legal procedure. 411 and Fourth Estate Public Benefit Corp.

Copyright 142

Copyright Law Registration Copyright Infringement 142

The IPKat

JULY 13, 2022

There are brands that, after a successful run, fall into oblivion. From an IP perspective, it might be the case that – together with the oblivion these brands fall into – the related trade mark registrations lapse too. NEHERA’ was in fact a well-known fashion brand that Jan Nehera found in Czechoslovakia in the 1930s.

Branding 62

Branding Brands Branding Registration 62

The TTABlog

DECEMBER 27, 2021

In an otherwise straightforward Section 2(d) analysis, the Board ruled that confusion is likely between Respondent's registered marks MIRAGE BRANDS (standard form) and MIRAGE BRANDS & Design [BRANDS disclaimed], and Petitioner Mahender Sabhnani's previously used and registered mark ROYAL MIRAGE & Design , all for perfume.

Branding 52

Branding Brands Branding Registration 52

The IPKat

JULY 14, 2024

On Friday, the Russian Federal Service for Intellectual Property (Rospatent) announced the registration of a new geographical indication (GI): the "Melitopol Cherry". The registration of the appellation of origin in Ukraine was finalised in September 2020.

Intellectual Property 67

Intellectual Property Registration Branding Brands 67

Intellectual Property Office Blog

NOVEMBER 28, 2022

Copyright © Hornit, 2019. He described how this has allowed him to work with brand protection consultancy, SnapDragon to carry out searches of digital markets for counterfeit versions of the CLUG. So, you have a brand and a product, what next? So, you have a brand and a product, what next? Hornit's children's bikes.

IP 104

IP Business Branding Brands 104

Intepat

JULY 12, 2021

The registration of unconventional trademarks is not new in India. The purpose of this article is to determine whether a motion mark is registrable under the current Trade Marks Act of 1999 (“the Act”). TOSHIBA recently applied for registration in India with an application number. INTRODUCTION.

Registration 98

Registration Trademark Journalism Branding 98

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. In this case, the Bombay High Court ruled that registration of copyright is not mandatory for obtaining relief in an infringement action.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

AUGUST 16, 2023

FL 2027 variety of potatoes are used to manufacture chips for the “Lay’s” brand. Apart from these suo motu corrections, the Registrar did not reject the application for lack of proper clear and complete documents and carelessly proceeded with the grant of registration. a group company of Pepsi Inc.

Registration 98

Registration Settlement Branding Brands 98

IP and Legal Filings

AUGUST 4, 2022

The Ohio State University ( hereinafter “the University”) and fashion designer Marc Jacobs, both filed separate application with the United States patents and Trademark Office (hereinafter “USPTO”) in the year 2019 for the mark “THE” which would facilitate its emblazonment on merchandise like T-shirts and bags. Impact of the registration.

Trademark 94

Trademark Registration Marketing Marketing 94

SpicyIP

AUGUST 10, 2024

Recently Lupin Atlantis Holdings SA secured trademark registrations for three colour combinations for its inhalers. Highlighting some interesting bits from the prosecution of these applications and explaining the implications of these registrations on the larger access to medicines issues, we are pleased to bring to you this post by Md.

Trademark 118

Trademark Registration Reporting Marketing 118

The IPKat

NOVEMBER 23, 2024

The case concerned the Australian trade mark registration for the words "KATIE PERRY" (No. She settled on the brand name Katie Perry and started her own fashion label in 2007. Where there exists a penumbra of uncertainty in the scope of the registration, this would not generally be resolved in favour of the trade mark owner.

Cease and Desist 70

Cease and Desist Registration Branding Brands 70

Kashishipr

JULY 20, 2022

Bernard Kelvin Clive, a well-known brand strategist, once said that strong brands aren’t built through shortcuts and copycats. In the 21 st century, the Oreo cookie is the best-selling cookie brand worldwide. Let us discuss a few of them. Such results talk about Xiaomi being a poor imitation of the tech giant Apple Inc.

Branding 52

Branding Brands Branding Marketing 52

The TTABlog

SEPTEMBER 20, 2021

The appellate court ruled that because the jurisdiction of the TTAB is limited to the issue of registrability and does not extend to "use" of a mark or allow for broader remedies, the earlier TTAB judgments against Beasley "do not carry claim preclusive effect against subsequent Article III infringemeent proceedings under section 43(a)."

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Registration Litigation Trademark Brands 79

SpicyIP

NOVEMBER 30, 2024

This is achieved through a provision under which contracting parties may require applicants to file information on traditional cultural expressions and traditional knowledge relevant to the eligibility for registration of the design. India became a signatory of the Locarno Classification in June 2019.

Design 59

Design Designs Law Intellectual Property 59

The TTABlog

DECEMBER 14, 2023

It spent $500,000 advertising the GIGANTOSAURUS brand and enjoyed unsolicited press coverage for the GIGANTOSAURUS television show prior to its premiere date. Bloggers published party ideas based on the GIGANTOSAURUS brand through sponsored promotions from Applicant.

Television 49

Television Registration Branding Brands 49

The IPKat

JANUARY 14, 2022

In 2019, after spotting a perfume product in China’s market highly similar to its classic N°5 perfume, Chanel took a ‘notarization-throughout purchase’ online and located the alleged infringing product shown below on the right. The side-by-side comparison captures several common features.

Law 109

Law Registration Branding Brands 109

The TTABlog

SEPTEMBER 7, 2021

The CAFC soundly upheld the TTAB's decision ordering cancellation of a registration for the mark SCHIEDMAYER for pianos [ TTABlogged here ] on the ground of false association under Section 2(a). The end result of the Court’s decision in Arthrex was to create a regime very similar to the trademark statutory scheme in place as of 2019.

Trademark 98

Trademark Registration Intellectual Property Music 98

The TTABlog

APRIL 11, 2023

and which owns Registration No. which calls the CAT mark the 'cornerstone of the company’s brand portfolio.' The Board found that Puma's third-party registration evidence failed to show any conceptual weakness in the inherently distinctive standard-character CAT word mark. Double Coin Holdings , 2019 USPQ2d 377409, at *7.

Registration 67

Registration Advertising Advertising Blogging 67

TorrentFreak

APRIL 5, 2024

A study published by the EU Intellectual Property Office in November 2019 revealed ( pdf ) that Sweden and the Netherlands were the most prolific consumers of pirate IPTV services in the entire bloc, with 9% of each population already exposed. In this case, already four years.

Reporting 126

Reporting Marketing Marketing Copying 126

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 Branding Brands 96