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

Intepat

MAY 28, 2024

Apple could argue transborder reputation, asserting that its brand’s recognition and reputation extend beyond national borders. Inherent Distinctiveness: The Apple logo and brand name are inherently distinctive due to their unique design and association with the company’s products, such as iPhones, iPads, MacBooks, etc.

Trademark 52

Trademark Intellectual Property Branding Brands 52

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 93

Trademark Intellectual Property Branding Brands 93

IPilogue

SEPTEMBER 16, 2022

Resultantly, Manolo Blahnik has lost significant sales, as China is the fastest growing luxury market. Historically, China’s trademark system was based on a “first to file” rule , meaning that the exclusive right of a trademark is awarded to the registrant who first applies. China’s Trademark System.

Registering Trademarks 103

Registering Trademarks Trademark Registration Branding 103

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? Copyright Hornit © 2021.

IP 103

IP Business Branding Brands 103

IPilogue

OCTOBER 19, 2021

Hershey alleges in their complaint that Cookie Department released packaging and marketing materials for cookie products with the same conical shape. Last December , Cookie Department accused Hershey-owned company One Brands LLC of copying one of their trademarks in a California federal court lawsuit.

Cease and Desist 106

Cease and Desist Branding Brands Branding 106

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

The IPKat

NOVEMBER 27, 2023

The claimant had goodwill dating back to 1992 and registrations from October 2015. The defendant had been using since 2013 with registrations from June 2015. The claimant successfully claimed infringement and the invalidity of the defendant’s registrations before HHJ Melissa Clarke sitting in the IPEC.

Editing 67

Editing Registration Branding Brands 67

LexBlog IP

APRIL 27, 2023

Consistent with the most recent amendments in 2019, the current proposed changes aim to continue the Government’s efforts to combat bad faith filings, protect genuine brand owners as well as the general public from problems caused by trade mark pirates, and deal with the overcrowded trade mark register.

Trademark Law 52

Trademark Law Law Trademark Intellectual Property 52

The TTABlog

OCTOBER 18, 2023

The Board denied a petition to cancel a registration for the mark TORPEDO JUICE for "Alcoholic beverages, except beer; Gin; Liquor; Rum" because Petitioner Oregon Grain failed to prove prior trademark rights in support of its Section 2(d) claim, and failed to provide any evidence to support its nonuse claim.

Branding 67

Branding Brands Branding Registration 67

The IPKat

DECEMBER 14, 2023

Stephen further stated that he was in the process of registering the word for advertising and media business with the aim of providing marketing, branding, and related services, there was a lot of interest in the possibility of registering such a term. Should it not be the chant that may be copyright-protected as a musical work?]

IP 81

IP Service Mark Cease and Desist Registration 81

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. “According to the indictment, L.K.’s

Reporting 97

Reporting Marketing Marketing Copying 97

43(B)log

JANUARY 5, 2024

In 2019, defendants launched the “Florida Online School,” abbreviated “FLOS.” Plaintiff has seven registered trademarks involving Florida Virtual School or FLVS; two of the registrations are incontestable. registrations with graphical elements The “Florida Online School” mark included an image of a Florida panther.

Branding 57

Branding Brands Branding Marketing 57

Indiana Intellectual Property Law

JUNE 23, 2022

Merrillville, Indiana – Plaintiff, NuStar Enterprises LLC (“NuStar”), is a clothing and apparel company that markets and sells clothing and apparel and related accessories. NuStar was granted a registration for its mark RELOADED® under Registration No. These efforts fell apart in late 2019.

Trademark 52

Trademark Registration Designs Design 52

IP and Legal Filings

AUGUST 4, 2022

Co-existence agreements are a way to allow potentially confusing trademarks to exist simultaneously in the market without any action of trademark infringement. On the other hand, Marc Jacobs started using the word “THE” on numerous products as a form of humorous branding. How the Ohio State University secured registration.

Trademark 75

Trademark Registration Marketing Marketing 75

Intepat

JUNE 5, 2023

Introduction It is not uncommon for market competitors to find themselves in a courtroom confrontation over trademark infringement cases. On the other hand, New Delhi-based Resilient Innovations Private Limited (Defendant) is a relatively new company known for its brand BharatPe.

Trademark 52

Trademark Cease and Desist Branding Brands 52

Indiana Intellectual Property Law

AUGUST 9, 2021

Hammond, Indiana – Monster Energy Company (“Monster”), the Plaintiff, claims to be a nationwide leader in marketing and selling ready-to-drink beverages. Apparently, Monster launched its MONSTER ENERGY® drink brand including its ® mark (the “Claw Icon”) in 2002. Since 2002, Monster asserts it has spent over $8.5

Cease and Desist 52

Cease and Desist Trademark Branding Brands 52

IP and Legal Filings

JANUARY 29, 2024

Unveiling Merchant Privileges in the Shadows of Craftsmanship Developing nations like India require financial and technical support to market their products internationally and attain the sustainability of GI. Additional analysis has revealed that the registration status varies greatly.

Registration 94

Registration Blogging Designs Design 94

The IPKat

APRIL 13, 2023

The case On 7 May 2019 Dutch company Chiever B.V. filed an application for registration of a multimedia trade mark consisting of a 22-second video featuring super-hero “Super Simon” going on holiday in comic book style. The Board also provided useful clarification on the requirements for registration of multimedia marks.

Television 95

Television Advertising Advertising Registration 95

43(B)log

DECEMBER 26, 2022

for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. The logo is registered with the Copyright Office, and AFK applied for trademark registration as well. AKF sued LCF etc. 3d 1068 (9th Cir.

Copyright Infringement 57

Copyright Infringement Branding Brands Branding 57

IIPRD

NOVEMBER 14, 2023

of the population of India having ingress to the world wide web and ever growing e-commerce market which is forecasted to reach about twenty billion euros by 2030, it becomes pertinent to analyse the interconnect between these two. [1] Interplay Between Intellectual Property and E-commerce With 48.7%

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

The IPKat

APRIL 26, 2022

Registration can be made on the event's website. Registration for the event is still possible and is available here. Our PermaKat Eleonora Rosati will speak at the event, and registration can be made here. The full programme and registration will be available here soon. More details about the event are available here.

Intellectual Property 64

Intellectual Property Registration IP Branding 64

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 141

Copyright Law Registration Copyright Infringement 141

IPilogue

OCTOBER 28, 2021

Nonetheless, the Canadian Intellectual Property Office notes that those in the jewellery industry may be granted industrial design registrations, offering a different kind of intellectual property protection. Supreme Court case, Star Athletica, LLC v Varsity Brands, Inc. Supreme Court case, Star Athletica, LLC v Varsity Brands, Inc.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

Indiana Intellectual Property Law

JUNE 28, 2021

Northlake Marketing, LLC and Thomas M. According to the Complaint, Noble Roman’s is the exclusive holder of licensing and franchising rights relating to the Noble Roman’s pizza brand. According to the Complaint, Noble Roman’s is the exclusive holder of licensing and franchising rights relating to the Noble Roman’s pizza brand.

Trademark 52

Trademark Branding Brands Branding 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

It creates an impact in the market, like at the time of collaboration or merger with foreign companies. 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] 2] Novartis v.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

The IPKat

FEBRUARY 10, 2024

In July 2022, following an appeal, the EUIPO's Board of Appeal eventually revoked the Registration in respect of all the goods at issue, with the exception of ‘polo shirts’ and ‘sweaters’, finding that the evidence produced by Mr Noah showed genuine use of the Mark in the European Union during the relevant period.

Registration 60

Registration Intellectual Property Marketing Marketing 60

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

IP and Legal Filings

OCTOBER 12, 2021

In 2019, the global luxury wines and spirits market was valued at around $970 billion. This implies that the registration of a particular trademark may be refused if it attempts to identify with certain wines and spirits that does not originate from the region that the GI tag is related to.

Registration 52

Registration Intellectual Property Marketing Marketing 52

IP Tech Blog

AUGUST 22, 2022

Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and commodities. Since then, giant companies all over the world ? especially in the IT, entertainment and fashion businesses ? Other countries are lagging behind.

Design Patent 57

Design Patent Designs Design Patent 57

The TTABlog

FEBRUARY 8, 2022

In December 2019, the U.S. The district court had dismissed the claims as to one of the marks (the "'654 mark") on the ground of claim preclusion, based upon the TTAB's entry of judgment by default on Plaintiff VVV's petition for cancellation of the registration for that one mark. TTABlogged here ]. 7-3 at 1-4.) 7-4 at 2).

Litigation 75

Litigation Branding Brands Branding 75

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

IP and Legal Filings

NOVEMBER 30, 2022

Now, by November 2019, all involved nations hope to have a pact finalised and signed. By integrating 16 nations’ markets, the Regional Comprehensive Economic Partnership (RCEP) aspires to make it simpler for each nation’s goods and services to be available throughout the region. By 2050, the predicted $0.5

Intellectual Property 69

Intellectual Property Marketing Marketing IP 69

The IPKat

OCTOBER 15, 2021

From 3 October 2019, Stone was the registered proprietor of the UK word trade mark, “ARCHANGEL ALCHEMY”, in respect of “training course - for soul development - yogic sciences - quantum physics - altered states of awareness - relaxation - holistic health - celestial beings - natural living” in class 41.

Business 81

Business Social Media Registration Intellectual Property 81

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

SpicyIP

OCTOBER 27, 2023

False urgency is a marketing tactic that creates a false sense of scarcity to pressure consumers into making a purchase, often resulting in dark patterns, limited stock, and unexpected delivery. The DoCA had illustrated 10 practices as dark patterns. They are: 1.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52