43(B)log

SEPTEMBER 28, 2021

Unsurprisingly, the trademark claims survive a motion to dismiss, but associated false advertising claims don’t. VFB owns several trademark registrations including “Vampire,” specifically for wine and pre-mixed alcoholic beverages other than beer, and “Vampyre,” specifically for spirits.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Maryland: First ever digital advertising tax, on gross receipts. may require disclosures and charitable registration: Draper James teachers giveaway.

Advertising 40

Advertising Advertising Law Privacy 40

JIPL Online

FEBRUARY 26, 2021

In June of 2020, the Supreme Court of the United States (“SCOTUS”) held that a “generic.com” is eligible for trademark registration so long as the consumer recognized the mark as a distinguishing member of a certain class of goods or services. [i] The Decision. The second problem Justice Breyer has is that adding “.com”

Trademark 98

Trademark Registration Trademark Law Advertising 98

The TTABlog

APRIL 22, 2024

As to the strength of opposer's registered mark, two third-party registrations for non-food items were insufficient to dent the commercial strength of SUZY Q'S, and there was no evidence of use in the marketplace of SUZY or SUZY Q’S with cake. million for the years ended December 31, 2022, 2021 and 2020 respectively. million, $9.5

Branding 43

Branding Brands Branding Social Media 43

Patently-O

NOVEMBER 21, 2022

The SoClean device has a compact filter that should be replaced every six-months–creating a nice subscription market. 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.

Designs 73

Designs Design Registration Trademark 73

The IPKat

APRIL 13, 2023

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. On 4 th February 2020 (the decision is available in Dutch), the EUIPO examiner refused the application due to lack of distinctiveness pursuant to art.

Television 95

Television Advertising Advertising Registration 95

SpicyIP

AUGUST 8, 2023

The plaintiff’s case was a standard trademark infringement and passing off plea, founded upon its extensive advertisements, market share, goodwill and reputation and the defendant using a similar website and the word ‘MODERN’ in its marks.

Trademark 79

Trademark Registration Advertising Advertising 79

The TTABlog

DECEMBER 26, 2023

The Board sustained this opposition to registration of JUICY FRUIT & Design (shown below) for" t-shirt for adults," finding that pro se Applicant David Neal Seller's lacked a bona fide intent to use the mark for t-shirts at the time he filed his application. That application issued to registration in December 2021.

Designs 67

Designs Design Marketing Marketing 67

43(B)log

JANUARY 5, 2024

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. blurry panther mark Strength: Plaintiff’s marks at issue were all highly descriptive.

Branding 59

Branding Brands Branding Marketing 59

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 114

Registration Fair Use Copyright Designs 114

43(B)log

OCTOBER 31, 2022

The same year, CasperLabs allegedly represented that it would register the CASPER mark on Zamfir’s behalf, but instead filed to register it in its own name for services related to cryptocurrency; one application issued in 2020 and another is still pending. This wasn’t just from the prior relationship.

Registration 59

Registration Trademark Ownership Marketing 59

LexBlog IP

JANUARY 17, 2024

In Australia, the burger debate was first brought to our attention in 2020 following a marketing campaign by Hungry Jack’s Pty Ltd ( Hungry Jack’s ) for its limited-edition Big Jack burger. From the Big Mac v Big Jack to the KFC v HFC – 2023 was the year of the burger.

Marketing 52

Marketing Marketing Branding Brands 52

43(B)log

MARCH 13, 2023

In March 2020 (I was going to say mid-March, but I recognize there’s a question about how long March 2020 actually was), he began marketing facemasks, including masks he described as “N95” and “Class N95.” Beginning in April 2020, customers began complaining about not receiving orders. This email was sent 868 times.

False Advertising 56

False Advertising Advertising Advertising Business 56

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. 26 [2020], First, Civil, IP, 01, Shaanxi Intermediate People’s Court of Shaanxi Province.

Law 142

Law Branding Brands Branding 142

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. The applicant subsequently appealed to the General Court.

Cease and Desist 127

Cease and Desist Registration Business Marketing 127

The IPKat

JUNE 1, 2023

An undisclosed applicant filed invalidity applications against Muratbey’s German trade mark registrations. The German Patent Court’s decision The German Patent Court held that the trade marks were descriptive, thereby invalidating the registrations. It cannot merely be a variant of products already on the market.

Art 92

Art Marketing Marketing Registration 92

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 116

Television Advertising Advertising Designs 116

The IPKat

NOVEMBER 12, 2021

The application was published for opposition on 27th March 2020. Harrogate Distillery Ltd T/A Whittaker’s Gin owns a UK registration for the mark below (the “Hare Logo”), covering, among other things, “gin” in Class 33. On 26th June 2020, Whittaker’s opposed part of Little Hare Gin’s application.

Branding 111

Branding Brands Branding Public Domain 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 Branding Brands 96

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 74

Registration Advertising Advertising Law 74

Garrigues Blog

OCTOBER 11, 2022

In this regard, the regulation ensures that producers are able to take full advantage of the opportunities offered by the Geneva Act and therefore, to benefit fully from the international framework for the registration and protection of geographical indications (“Lisbon system”). How will the registration process work in practice?

Registration 52

Registration Marketing Marketing Designs 52

The TTABlog

JUNE 10, 2021

In July 2020, the CAFC remanded to the TTAB the Board's decision that found the proposed mark COOKINPELLETS.COM to be generic for "Processed wood fuel in the nature of pellets for use in barbecue grills," and alternatively merely descriptive of those goods. 2020 USPQ2d 10729 (2020). TTABlogged here ]. Booking.com B.V.

Advertising 52

Advertising Advertising Social Media Marketing 52

IP Tech Blog

AUGUST 17, 2022

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. The smaller brewery was filling legitimately recycled Tsingtao bottles with their own beer. Tsingtao’s choice. b) Trademark Exhaustion.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. Build your market reputation. Trademarks. Make intangible assets.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

IP and Legal Filings

FEBRUARY 4, 2022

For almost a century, the Plaintiffs have been making and marketing Unani and Ayurvedic medicines, oils, syrups, and non-alcoholic beverages, among other things. ’ Plaintiffs claim that their original registration of their ‘RoohAfza’ was obtained in 1942 under Class 5 and that the registration is still valid today.

Registration 66

Registration Trademark Trademark Law Marketing 66

43(B)log

SEPTEMBER 1, 2021

Mandabach sued under §43(a) and coordinate state law claims and sought cancellation of a trademark registration. False advertising/passing off: Same basic problems. But Mandabach waited until November 2020 to sue and moved for a preliminary injunction only in March 2021. Anyway, Mandabach also didn’t show likely confusion.

Social Media 93

Social Media Television False Advertising Artistic Work 93

The IPKat

OCTOBER 15, 2021

Stone had began marketing an online ‘metaphysical education’ course under the brand ‘ARCHANGEL ALCHEMY’ in or around July 2019, with the course first starting on 23 September 2019 and running until 21 September 2020. In that regard, the use made of the sign in advertising and commercial correspondence is of particular relevance.”

Business 82

Business Social Media Registration Intellectual Property 82

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 After an inquiry, Apple confirmed in December 2020 that the bug was fixed. World Champ Tech LLC v.

Marketing 59

Marketing Marketing Trademark Branding 59

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. Well, they’re right, I can apply, but registration surely won’t be granted. That doesn’t mean you’re in the clear for ownership and registration, however.

Designs 52

Designs Design Trademark Copyright 52

The IPKat

APRIL 26, 2023

A prior design is disclosed where it has been published following registration or otherwise, or exhibited, used in trade, or otherwise disclosed, except where these events could not reasonably have become known in the normal course of business to the circles specialised in the sector concerned, operating within the EU ( Art.

Designs 74

Designs Design Art Intellectual Property 74

TorrentFreak

DECEMBER 6, 2021

The lawsuit also points to the mediaflo.net domain (which is reportedly used to supply IPTV content) and posts on IPTV forums including IPTV.community where Quality Restreams advertised their product under the name DJ_Boxx. Johnson is also said to be the registrant of myaatv.com at 23.237.94.34 — the same IP address used by qsplaylist.com.

Copyright Infringement 130

Copyright Infringement Licensing Copying Copyright 130

azrights

MARCH 15, 2021

A distinctive asset such as the Nike Swoosh would have been capable of registration as a trademark as soon as the design was created. This protects your underlying business because the trust that the market has in the Nike goods is what motivates them to buy the brand’s products. Getting trademark rights over shapes is not easy.

Branding 52

Branding Brands Branding Trademark 52

Kluwer Copyright Blog

OCTOBER 30, 2023

As part of this scheme, in September 2020, Tesco introduced the Clubcard Prices promotion: Tesco Clubcard holders were given discounts at the point of sale on certain products. Trade mark infringement Lidl relied on various registrations for each of: the Mark with Text, and the Wordless Mark. The judgment focused on the Mark with Text.

Copyright 57

Copyright Copying Branding Brands 57

SpicyIP

MARCH 11, 2024

The plaintiff has registered its “Social” trademark and states to have invested considerably in its advertisement from 2001-2023. First, it argued that the plaintiff concealed material information that the registration of its mark was removed for non renewal in 2010 and was renewed only in 2019.

Trademark 59

Trademark Registration Copyright Patent 59

The IPKat

DECEMBER 16, 2021

Interested readers can find the Africa IP Highlights 2020, here. As reported here in the Africa IP Highlights 2020, the High Court had found Zain Nigeria liable for infringement of the plaintiff’s copyright in a quiz program it designed titled “University Challenge”, and ordered significant damages of N703,000,000 ($1,843,934 approximately).

Copyright 89

Copyright IP Ownership Copyright Infringement 89

The IPKat

JUNE 23, 2022

In most trade mark cases waiting a little longer to see the Defendant off the market would not, in my view, cause the Claimant a huge additional loss. It is all the more notable that this claim commenced in 2020, nine years after Muzmatch was launched. The judge was very much in the former camp. Under EU law, no, says the CJEU.

Branding 72

Branding Brands Branding Litigation 72

IP Tech Blog

AUGUST 22, 2022

The concept of Metaverse as an online framework for economic interoperability was born in and around 2020. By using “Smart,” the application passed the formal test for registration. Since then, giant companies all over the world ? especially in the IT, entertainment and fashion businesses ? Overview of current legislation in China.

Design Patent 57

Design Patent Designs Design Patent 57