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

IP and Legal Filings

JANUARY 26, 2023

2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.

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Registration Trademark Trademark Law Law 82

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

Intepat

MAY 28, 2024

This success is largely attributed to Apple’s effective trademarking of various designs and sounds related to its products and services. Notably, Apple trademarked its store design in the United States in 2011. has invested heavily in marketing and brand promotion, making its trademark well-known to consumers.

Trademark 52

Trademark Intellectual Property Branding Brands 52

The IPKat

MAY 30, 2024

On 02 May 2019, Elettra Lamborghini (the Applicant) filed before the UIBM the application for registration No. The Opposition Division did not deem it necessary to examine the existence of a likelihood of confusion as it refused the registration on the ground of free riding. The Applicant appealed.

Registration 56

Registration Music Trademark Branding 56

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 113

Service Mark Branding Brands Branding 113

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 60

Branding Brands Branding Registration 60

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

IPilogue

OCTOBER 19, 2021

The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. When it comes to food designs, how far can a trademark go? On September 28, 2021 , The Hershey Co. Cookie Department”) for copying Hershey’s famous Kisses shape.

Cease and Desist 106

Cease and Desist Branding Brands Branding 106

Intellectual Property Office Blog

NOVEMBER 28, 2022

Copyright © Hornit, 2019. Or complex mounted structures designed to be used within garages. 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?

IP 103

IP Business Branding Brands 103

Garrigues Blog

APRIL 27, 2021

Today, April 27, is International Design Day, an event, which seeks to recognize the value of design in society and business. On this significant date, we take the opportunity to look at a recent judgment by the General Court of the European Union (EGC) that will allow companies to extend the protection of a design by twelve months.

Designs 52

Designs Design Patent Application Intellectual Property 52

The IPKat

AUGUST 4, 2023

The IPKat has received and is pleased to host the following contribution by former GuestKat Jan Jacobi (BarentsKrans) regarding a recent Dutch decision on free riding and declining reputation of a brand. Quite often, the IP of a bankrupt company is sold to a third party who continues operating all or some of the brands.

Branding 52

Branding Brands Branding Marketing 52

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

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

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 Branding Brands Branding 105

IP and Legal Filings

SEPTEMBER 17, 2021

Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. As of 2019, the apparel market was valued at about 368 billion U.S Designs or patterns that are created to stitch or print into textiles are protected with the help of design acts in several countries.

Designs 75

Designs Design Artistic Work Technology 75

Indiana Intellectual Property Law

JUNE 23, 2022

NuStar was granted a registration for its mark RELOADED® under Registration No. According to the Complaint, NuStar learned that Bill Omar Carrasquillo, a rapper and YouTube celebrity known as “ Omi in a Hellcat ,” intended to start an apparel company under the brand name RELOADED. These efforts fell apart in late 2019.

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Trademark Registration Designs Design 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

OCTOBER 19, 2022

Yet, the 2 nd Board of Appeal of the European Union Intellectual Property Office held otherwise in a recent decision ( Case R32/2022-2 ) that refused registration of the Saddle shape in relation to “ Bags, handbags, pouches (leather goods), travel kits (leather goods), toiletry and make-up cases (empty) ”.

Designs 64

Designs Design Reporting Registration 64

Indiana Intellectual Property Law

AUGUST 4, 2021

Introduced in 2019, founder Peggy Johns claims to have invented egglife egg white wraps, using a now patented method ( U.S. Since 2019, Egglife has allegedly invested $5 million dollars in the Egglife brand and is on pace to reach $30 million in retail sales in 2021. Trademark Registration Nos. 10,194,669 ).

Social Media 52

Social Media Branding Brands Branding 52

LexBlog IP

OCTOBER 28, 2021

As of June 2019, the definition of a registrable trademark in Canada expanded to include various distinguishing features, known as non-traditional marks. Since mid-2019, over 1000 Canadian trademark applications have been filed in the non-traditional categories. Toblerone’s TREAD DESIGN. TMA601833). TMA164635).

Trademark 52

Trademark Intellectual Property Branding Brands 52

Indiana Intellectual Property Law

AUGUST 9, 2021

Apparently, Monster launched its MONSTER ENERGY® drink brand including its ® mark (the “Claw Icon”) in 2002. Apparently realizing the importance of its brand, Monster owns at least fourteen federal trademark registrations that include the Claw Icon in various classes of goods and services (the “Asserted Marks”).

Cease and Desist 52

Cease and Desist Trademark Branding Brands 52

LexBlog IP

DECEMBER 14, 2022

Unlike a standard trade mark application (which is generally prepared and lodged by the owner of a specific brand), certification trade mark applications are often made by a representative of the industry group that is responsible for the regulation of the characteristics of the relevant goods and/or services.

Registration 52

Registration Branding Brands Branding 52

IP and Legal Filings

JANUARY 29, 2024

The intended strategy, which calls for a significant investment of time, money, and patience in order to get the international GI brand and introduce GI products to the global market, may be beyond the means of the average artisan or rural producer. Additional analysis has revealed that the registration status varies greatly.

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Registration Blogging Designs Design 94

LexBlog IP

JULY 18, 2023

1] Because the plaintiffs obtained a Washington state trademark registration, their recourse is limited to that state. To have recourse against infringement outside Washington, a federal registration may provide additional remedies — if it can be obtained. 5] Trademark registrations cannot be granted on illegal goods.

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Registration Trademark Intellectual Property Branding 40

IPilogue

SEPTEMBER 23, 2022

In 2019, Mollman registered this artwork with the U.S. work, while also allowing for one to have their copyright on the public record and a certificate of registration. In one case , streetwear brand Stussy Inc. Mollman versus Shein. Copyright Office and included Copyright Management Information (CMI) on her artwork.

Business 59

Business Artwork Intellectual Property Copyright Infringement 59

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.

Trademark 75

Trademark Registration Marketing Marketing 75

Corsearch

FEBRUARY 28, 2024

With the challenges posed by name saturation and the reduced availability of work marks, industrial designs are increasingly important within intellectual property strategies. When people think about designs they typically think of patents, but the world of protecting designs is far more extensive than that.

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Registration Designs Design Intellectual Property 59

The TTABlog

AUGUST 3, 2021

45: TTAB Finds CITY OF LONDON Geographically Descriptive for Gin, Grants Motion to Amend to Supplemental Register TTAB Finds "WA529" Primarily Geographically Descriptive of Pre-Paid Educational Financial Services TTAB Finds AMERICAN OUTDOOR BRANDS CORPORATION Geographically Descriptive, Affirms Refusals in 30 Applications Precedential No.

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Registration Designs Design Branding 94

LexBlog IP

SEPTEMBER 15, 2021

The Court of Appeals affirmed the previous decision of the district court which found that Australian Leather had wilfully infringed Deckers’ “UGG” trademarks by selling less than 15 pairs of UGG branded boots in the U.S., Background.

Trademark 52

Trademark Registration Branding Brands 52

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 142

Law Branding Brands Branding 142

IIPRD

MARCH 4, 2024

This right can be related to music, a book, a logo, any art work, work related to science, designs of the industries. The brand image is created of the company. Also, it is really important to renew the registration because there is a limit to registration. Sri Sri Ganesh Productions, AIRONLINE 2019 DEL 1017. [2]

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

The TTABlog

AUGUST 30, 2023

SS Vape Brands, Inc. There was no evidence of third-party use or registration by any company using the same mark to identify energy drinks or other beverages and e-liquids, and no evidence of any third party manufacturing both energy drinks and e-liquids with different marks. "The Monster Energy Company v. Opposition No. Welch 2023.

Designs 56

Designs Design Branding Brands 56

SpicyIP

AUGUST 2, 2021

India’s Accession to the Locarno Agreement: Amendments to the Design Rules, 2001 & Other Impacts. In a guest post , Yashi Agrawal writes about India’s recent accession to the Locarno Agreement and its implications for India’s design laws. Fonts and Typefaces: Are they Copyrightable? Other News from Around the World.

Reporting 116

Reporting Designs Design Copyright 116

The IPKat

DECEMBER 23, 2022

Both EUTM registrations were granted. It reiterated that the Grand Board had to decide on the scope of opposition to the registration of a trade mark arising from Article 7(1)(c) EUTMR where a sign is a geographical name. In both (similar) cases, the Grand Board in the decisions R 1238/2019-G Iceland and R1613/2019-G, Iceland (fig.)

Designs 52

Designs Design Registration Government 52

Canadian Intellectual Property Blog

MARCH 26, 2020

On June 17, 2019, Canada’s new Trademarks Act and Trademarks Regulations came into force. If a trademark is not being used in Canada by the third anniversary of the registration date, it can be vulnerable to “non-use cancellation” proceedings. The new Act and Regulations introduced significant changes to Canada’s trademark practice.

Trademark 52

Trademark Registration Intellectual Property Branding 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. 26, 2023, 11:00 AM), [link].

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Intellectual Property Due Diligence Journalism IP 59