The IPKat

FEBRUARY 27, 2023

The General Court has recently confirmed with decision T-253/22 the refusal of the application for trade mark registration of the verbal sign “ Sustainability through Quality ”. The examiner rejected the application on 23 rd March 2020. The decision was appealed.

Trademark 132

Trademark Advertising Advertising Marketing 132

Plagiarism Today

APRIL 11, 2022

After the brand is registered, the user then registers various intellectual properties including trademarks, copyrights and patents, The form does ask if the property is registered or not and, if it is, requires that the user provide the registration number and location. The system itself has not been very broadly advertised.

IP 257

IP Intellectual Property Reporting Branding 257

Technology & Marketing Law Blog

JUNE 8, 2024

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. ” But the trademark registration was over 5 years old, so it had become “incontestable.” ” That prompted this litigation. ” The right answer should be “no one.”

Trademark 129

Trademark Advertising Advertising False Advertising 129

IP and Legal Filings

JUNE 10, 2024

In November 2020, when PepsiCo got to know that the tagline for B-Fizz was “Be the Fizz! 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. For the Bold!”, For the Bold!” For the Bold!”

Trademark 97

Trademark Advertising Registering Trademarks Advertising 97

TorrentFreak

JUNE 28, 2023

Sharing Pirated eBooks & Paywalled Articles Asgaard announced its closure in mid-December 2020 but that didn’t stop at least one of the site’s staff spending Christmas in prison. Anti-piracy group Rights Alliance is now reporting the details of yet another Asgaard-related conviction.

Reporting 145

Reporting Advertising Advertising Copying 145

43(B)log

FEBRUARY 26, 2024

Lawmakers in New York City and New York State banned the sale of unfinished frames and receivers in 2020 and 2022, respectively. The advertising bit: Defendants allegedly misled New York customers into “believing that unfinished frames and receivers are legal workarounds to New York’s gun control laws, as well as federal law.”

False Advertising 59

False Advertising Advertising Advertising Marketing 59

IP Intelligence

MAY 9, 2024

Color marks are considered inherently nondistinctive for the purpose of eligibility for federal trademark registration. In April 2020, Post Foods LLC (Post) applied to register a trademark for the various colors of its Fruity Pebbles cereal in International Class 30 for “breakfast cereals.” puff rice balls and other shapes).

Advertising 98

Advertising Advertising Trademark Registration 98

The IPKat

NOVEMBER 24, 2022

Several of the recipient companies filed actions with the DPMA to invalidate the registration. The DPMA cancelled the registration of “Black Friday” due to lack of distinctiveness. It however cancelled the trademark for those services of Class 35, which are related to trade of electrical and electronic goods and for their advertising.

Registration 117

Registration Advertising Advertising Art 117

TorrentFreak

JANUARY 11, 2022

According to Bungie, AimJunkies copied and distributed its copyrighted work, to develop and advertise its cheat software. The original complaint lists four copyright registrations but two of these were first published on November 10, 2020, well after the cheats were first made available. Copyright Questions.

Copyright 144

Copyright Law Copying Copyright Infringement 144

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

SEPTEMBER 8, 2021

Trademark Registration provides the exclusive rights to the owner to pursue legal action in case of infringement. In the case of USPTO vs. Booking.com, the owners of the domain Booking.com had filed applications seeking registration of the trademark BOOKING.COM. The appellate board did not interfere with the decision. Scholastic Inc.

Trademark 105

Trademark Registration Branding Brands 105

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. 3d 1370, 2020 USPQ2d 10837, at *3 (Fed. 2020) (citing Lexmark Int’l, Inc. 3d 1298, 2020 USPQ2d 11277, at *6-7 (Fed. 4 (2014)).

Registration 52

Registration Ownership Advertising Advertising 52

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. A dataset was built by scraping the electronic register of the Indian Trademark Registry in 2020. Table 3 below provides a categorisation of the ‘objected’ marks in 2020.

Reporting 126

Reporting Trademark Advertising Advertising 126

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 132

Registration Fair Use Copyright Design 132

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

JANUARY 5, 2022

The TTAB dismissed the Olympic Committee’s opposition to registration of the mark PIERRE DE COUBERTIN for various goods in classes 3, 9, 14, 18, 25, and 28, including perfume, sunglasses, jewelry, luggage, clothing, and sporting goods. A single-color mark on a product design is registrable only upon a showing of acquired distinctiveness.

Registration 113

Registration Advertising Advertising Music 113

IP and Legal Filings

NOVEMBER 23, 2024

First, Apple ensures early registration of its trademarks, such that it obtains protections across categories like its iconic logo and product names such as “iPhone” and “iPad.” Section 28 of the said act deals with the registration while section 29 deals with infringement and remedies.

Branding 104

Branding Brands Branding Technology 104

The TTABlog

DECEMBER 6, 2021

A single color mark on a product design is registrable only upon a showing of acquired distinctiveness. 2020 USPQ2d at 10869. (1) Dimarzio claimed use of the proposed mark since 1979, with millions of consumers observing its guitar pickups in videos, advertisements, and musical performances. Wal-Mart (citing Qualitex ).

Advertising 101

Advertising Advertising Marketing Marketing 101

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 9, 2022

In August 2020, Krikor discovered that Sports Mall had posted at least six of her photographs on its website and advertised the depicted items for sale on its site…. This alleged chutzpah triggered the false advertising element of the case. “[T]he False advertising under the Lanham Act: The court identified two theories. (1)

False Advertising 45

False Advertising Advertising Advertising Copyright 45

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 128

Cease and Desist Registration Business Marketing 128

The TTABlog

FEBRUARY 16, 2022

Third-party registrations and third-party website evidence showed the same mark used by a single entity for both restaurant services and frozen pizza sold at retail (for example, Uno Pizzeria and Grill). million on advertising from 2017-2020, garnering $81 million in revenues from 2015-2020. It spent $2.3

Advertising 90

Advertising Advertising Registration Branding 90

LexBlog IP

DECEMBER 21, 2021

The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce. million registrations. [1]

Trademark 40

Trademark Registration Intellectual Property Litigation 40

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 98

Trademark Registration Advertising Advertising 98

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 30, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? In this guest post , Pragya Jain offers an independent analysis of the law in relation to comparative advertising and nominative fair use and applies it to analyse a recent YouTube commercial by Domex, a Hindustan Unilever Ltd. Other posts. August 27, 2021].

Non-Fungible Tokens 105

Non-Fungible Tokens Fair Use Advertising Advertising 105

The IPKat

DECEMBER 11, 2022

The position of the EUIPO, when it comes to acquired distinctiveness through use in the UK for the purposes of an invalidation action against a registered EU trade mark (EUTM), is that the distinctiveness acquired through use in the UK is not relevant for EU trade mark applications filed after the end of the transition period (December 31st, 2020).

Registration 93

Registration Intellectual Property Law Advertising 93

43(B)log

AUGUST 27, 2024

In late 2020, a new Plaid user interface finally propitiated PNC. PNC sued for counterfeiting, infringement, and false advertising/unfair competition under federal and Pennsylvania law. Plaid’s messaging also encouraged PNC customers to change banks.” Its customers are primarily fintech apps, not bank account holders.

Advertising 52

Advertising Advertising False Advertising Design 52

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.

Registration 53

Registration Contracts Advertising Advertising 53

The IPKat

JANUARY 14, 2022

26 [2020], First, Civil, IP, 01, Shaanxi Intermediate People’s Court of Shaanxi Province. To support that, SLC cited the once high-profile J’adore Dior trade mark case in China (IPKat post here ) in which the three-dimensional mark at issue, also a perfume bottle, was not granted trade mark registration at that time.

Law 109

Law Registration Branding Brands 109

TorrentFreak

MARCH 28, 2024

At the time, these devices were sold through firesticksloaded.com and firesticksloaded.biz, and Freemon was listed as the registrant for the latter domain. It first appeared online in 2020 and offers access to 11,000 live channels, as well as on-demand access to over 27,000 movies and 9,000 TV series.

Copyright Infringement 124

Copyright Infringement Copyright Business Copyright Law 124

Patently-O

NOVEMBER 21, 2022

With the trademark registration in-hand, the district court partially granted SoClean’s motion for preliminary injunction. However, instead of barring Sunset from selling its competing products, it prohibited Sunset marketing or advertising its filter in any bare form. is a Sunset brand filter.” ” 15 U.S.C.

Design 75

Design Designs Registration Trademark 75

The IPKat

NOVEMBER 29, 2021

The TTABlog reported that USPTO issued its final regulations under the Trademark Modernization Act of 2020 and would likely be useful to trade mark practitioners who handle client’s US trade mark portfolios. The Fashion Law recently wrote a post specifically discussing what the metaverse means for trade mark owners.

Blogging 76

Blogging IP Contracts Reporting 76

The IPKat

DECEMBER 14, 2023

In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements. The defendant has used the plaintiff’s song in an advertisement without the plaintiff's consent. The company was ordered to pay Ojo, ₦20 million (US$44 448) in damages.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

The IP Law Blog

MARCH 5, 2021

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. Xerox ran an advertising campaign “You can’t Xerox a Xerox on a Xerox.

Trademark 85

Trademark Branding Brands Branding 85

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 86

Branding Brands Branding Public Domain 86

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