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)).

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Registration Ownership Advertising Advertising 52

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 100

Trademark Advertising Advertising False Advertising 100

The IPKat

JULY 20, 2023

By decision dated June 15, 2023 ( original Romanian version and English machine translation ) the EUIPO rejected the application for registration of a European Union sound trade mark featuring the nursery rhyme “ Johnny Johnny Yes Papa ” on the grounds of lack of distinctiveness.

Registration 40

Registration Music Branding Brands 40

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 57

False Advertising Advertising Advertising Copyright 57

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

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 44

False Advertising Advertising Advertising Trademark 44

SpicyIP

JANUARY 23, 2022

This time the examination was supposed to be held in 2020 but has now been fixed for May 2022. Apart from this, I will separately send out a drafting template for specification, and a complete patent prosecution file to the registrants on their email address. Questions regarding the registration, course pedagogy, waivers in fees etc.

Patent Drafting 105

Patent Drafting Patent Advertising Advertising 105

The TTABlog

JULY 5, 2023

The Board rendered a split decision in this opposition to registration of the mark EVOGUE for a wide variety of consumer electronic devices and accessories, tossing out Opposer Advance Magazine's Section 2(d) claim but partly upholding its dilution claim, based on the registered mark VOGUE for, inter alia , magazines and mobile phone software.

Registration 52

Registration Trademark Ownership Advertising 52

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 130

Trademark Advertising Advertising Marketing 130

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

LexBlog IP

APRIL 11, 2023

The Times applied to register the six Marks in August 2020 for use in connection with columns covering various topics in Class 16 and providing online publications in Class 41.

Registration 52

Registration Trademark Advertising Advertising 52

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

TorrentFreak

OCTOBER 10, 2022

In 2020, complaints from the Federation of Newspaper Publishers (FIEG) over the illegal distribution of newspapers, periodicals, and books, led to an emergency order requiring Telegram to shut down 19 channels or face blocking itself. In early 2020, ODG filed a complaint at the Public Prosecutor’s Office at the Court of Milan.

Advertising 127

Advertising Advertising Cinema Copyright Infringement 127

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.

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Registration Contracts Advertising Advertising 49

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.

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Registration Advertising Advertising Art 114

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.

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Reporting Advertising Advertising Copying 128

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

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 91

Copyright IP Social Media Copyright Infringement 91

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

Selvam & Selvam Blog

MARCH 30, 2022

The Hon’ble Supreme Court, on March 23, 2020 rendered a laudable order by taking suo motu cognizance of the COVID situation in India and ordered for suspension of deadlines. In case oppositions are received on or before May 30, 2022 – These registration certificates shall stand suspended until the opposition proceeding is decided.

Journalism 52

Journalism Registration Intellectual Property Trademark 52

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

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.

Designs 73

Designs Design Registration Trademark 73

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

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 73

Blogging IP Contracts Reporting 73

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

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 135

Copyright Law Copying Copyright Infringement 135

Indiana Intellectual Property Law

AUGUST 18, 2021

Per the Complaint, Plaintiffs have used the getGo® trademark since at least March 2013 and have sought and secured federal trademark registrations for various getGo® trademarks and logos as set forth below (the “getGo® Marks”). Registration No. Service Mark Registrations, Nos. 5,040,314 and 5,040,321 for the mark “GET 2 GO.”

Trademark 52

Trademark Service Mark Registration Advertising 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. Romero operated a drop-shipping business.

False Advertising 54

False Advertising Advertising Advertising Business 54

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 113

Registration Fair Use Copyright Designs 113

IPilogue

MARCH 20, 2023

registered the mark in October 2020 but had not opened or advertised any restaurant or obtained any reputation associated with the mark. s entitlement to the trademark manifests on the application date or registration date. 2788610 Ontario Inc. The issue is whether 2788610 Ontario Inc.’s

Trademark 105

Trademark Social Media Registering Trademarks Trademark Law 105

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 99

Copyright Infringement Copyright Business Copyright Law 99

BYU Copyright Blog

OCTOBER 11, 2021

In an order filed on October 8, 2020, the Court denied the injunction. In our last update on this case, we noted that the parties had submitted documents arguing for and against the court instituting a preliminary injunction to keep Columbia and its associates from using the disputed trademarks.

False Advertising 52

False Advertising Copyright Infringement Intellectual Property Ownership 52

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.

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Trademark Branding Brands Branding 85

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 57

Branding Brands Branding Marketing 57

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 126

Cease and Desist Registration Business Marketing 126

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. He pled falsity, but didn’t sufficiently plead harm.

Registration 57

Registration Trademark Ownership Marketing 57

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 110

Branding Brands Branding Public Domain 110