Patently-O

NOVEMBER 21, 2022

Rather, the defendant must “prominently display the Sunset brand name in a manner that leaves no reasonable confusion that what is being sold. is a Sunset brand filter.” ” In general, that amount of evidence is insufficient to support a product design trade dress registration. District Court Opinion.

Designs 73

Designs Design Registration Trademark 73

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings.

Litigation 52

Litigation Settlement Marketing Marketing 52

The IPKat

MARCH 4, 2024

Both Nike and Jacquemus are brands retaining a remarkable legacy in the realm of fashion … and IP too. The bag was first launched on Jacquemus’ Instagram account and stirred an intense debate among the brands’ audience.

Copying 102

Copying Branding Brands Branding 102

IP and Legal Filings

MARCH 14, 2022

. (“Chanel”), is an iconic fashion company based in New York known for its luxury fashion products and owns rights to several Chanel and CC monograms trademarks associated with the brand design. The brand was not involved with selling secondly handed or vintage goods. RealReal, Inc. 3d 422 (S.D.N.Y.

Branding 52

Branding Brands Branding False Advertising 52

IP Close Up

FEBRUARY 13, 2024

Between 2005 and 2020 the number of U.S. design patent grants almost tripled. The increased focus on product form (“look”) as a part of function, Continue reading

Design Patent 77

Design Patent Designs Design IP 77

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

Bio Law Blog

JANUARY 8, 2020

2020 will also usher in some notable changes expanding the scope of products that are regulated and litigated under the BPCIA. In particular, after March 23, 2020 , a marketing application for a biological product that historically could have been submitted under Section 505 of the FD&C Act (e.g.,

Marketing 40

Marketing Marketing Settlement Litigation 40

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

JULY 15, 2021

Behind every costume is a designer whose vision and design breathes life into characters. But behind every designer, other figures may undercut and miscredit them. Disney’s Cruella , released in May 2021 , tells the story of two haute couture designers battling for recognition in the fashion industry.

Licensing 106

Licensing Contracts Designs Design 106

LexBlog IP

DECEMBER 26, 2023

I made a logo for Bob’s Burgers for selling burgers on Tailor Brands’ logo maker website. If you asked for something that looks like the Starbucks logo, rather than just asking it to design a logo for a coffee shop, that would weigh on the side of what it created being infringement. This isn’t limited to logo design.

Designs 52

Designs Design Trademark Copyright 52

Dragons' Den

SEPTEMBER 21, 2023

In 2020, Ben launched his own trade marked brand called ‘Uptheir Clothing’. Now, having trade marked ‘Uptheir’ as a brand name, more than 90% of Ben’s products are ‘own brand’. This means more favourable margins by not having to pay other brands for use of their brand name. Can you tell me how that happened?

Branding 119

Branding Brands Branding Business 119

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." See Mayweather , 2020 WL 6689736, at *3.

Service Mark 113

Service Mark Branding Brands Branding 113

Patently-O

DECEMBER 20, 2022

I have one branded FIDELO with a carbon-fiber case that claims to block scammers trying to read the chip on my credit card. Mosaic Brands, Inc. In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation.

Art 123

Art Branding Brands Branding 123

IPilogue

MARCH 6, 2023

On December 26, 2022, the Japanese IP High Court dismissed an appeal from Christian Louboutin (“Louboutin”), a shoe designer known for its iconic red-bottom heels, in its action against Japanese shoe designer, Eizo Collection Co., Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. 2015-29921 ).

IP 59

IP Branding Brands Branding 59

The IPKat

DECEMBER 9, 2021

The General Court rejected an appeal brought by AC Milan (nicknamed also Rossoneri) and considered that the brand characterizing Rossoneri’s emblem could not be registered as an EU trade mark (EUTM) since it would give rise to a likelihood of confusion with the earlier German trade mark ‘Milan’ held by the company InterES.

Branding 94

Branding Brands Branding Registration 94

The IP Law Blog

MARCH 5, 2021

Put in common parlance, if the general public primarily understands the word to designate the product rather than the producer , the word is generic. There is a two-part test used to determine whether a designation is generic: (1) What is the class of goods or services at issue? This is commonly referred to as Genericide.

Trademark 85

Trademark Branding Brands Branding 85

Dragons' Den

FEBRUARY 15, 2024

Perfect for any naughty puppy owners, these cards are designed to be safe for dogs to eat. A quick look on the IPO trade mark register shows that she registered her business name as a trade mark in 2020. You can register up to 50 designs for £150, which can last up to 25 years if renewed every 5 years.

Blogging 52

Blogging IP Business Designs 52

IPilogue

DECEMBER 6, 2021

However, HBC’s registration over its design mark was expunged by the Canadian Intellectual Property Office on September 24, 2020 for failure to renew. However, HBC retains other registered marks, such as the Zellers Optical , Zellers More Credit Card , and the Zellers Portrait Studio & Design. Pestco Co. , Stay Tuned.

Trademark 111

Trademark Intellectual Property Intellectual Property Law Registration 111

Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 1125(c)(3)(A). 1125(c)(3)(A).

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

Biswajit Sarkar Copyright Blog

SEPTEMBER 14, 2022

These innovations and technologies have resulted in the increased use of intellectual property rights, so that the inventions and all the new creations designs by the automotives are protected and the works are not exploited. Designing as a whole is a very long and a time-consuming process.

Intellectual Property 52

Intellectual Property Invention Branding Brands 52

IPilogue

MARCH 28, 2023

The Los Angeles-based (“San Antonio”) is known for their Stella Rosa brand that they have produced under the trademarks since 1998. Jiaxing registered “RIBOLI” in 2018 for clothing and shoes and in 2020 for kitchen products. they can designate a person in the U.S. They did so under s. 1051(e) which allows U.S.

Trademark 105

Trademark Government Ownership Designs 105

TorrentFreak

MARCH 14, 2023

Rahi’s albums were legally obtained by one company and then transferred to another; both companies operated under Moviebox branding. That led the Court to conclude that Qureshi and Manzoor did indeed conspire or act together in a common design to unlawfully cause loss to Moviebox. For this, Rahi received copyright strikes.

Music 83

Music Copyright Publishing Intellectual Property 83

azrights

MARCH 10, 2022

In my case, I wish my podcast had more than 10,000 downloads, but there again when I set it up two years ago on 6 May I was primarily aiming to use the podcast as a way to interview people and learn more about branding for the book I wanted to write. Steep Learning Curve to Learn About Branding.

Business 52

Business Branding Brands Branding 52

43(B)log

FEBRUARY 4, 2022

Since in or about late 2020, ML Fashion has been receiving calls from vendors about unpaid bills or about where to ship certain goods that have turned out to be for Nobelle.” The merchandise was neither branded “Nobelle” or with any mark owned by plaintiffs. This allegedly showed confusion about whether plaintiffs backed defendants.

False Advertising 82

False Advertising Advertising Advertising Designs 82

The IPKat

JUNE 5, 2022

Use in an online environment The court first set out a recap on case law illustrating what constitutes “use” in an online environment, including the decisions of the Court of Justice of the European Union in Google France [2010] RPC 19 , L’Oréal v eBay [2011] RPC 27 , and Coty Germany v Amazon Services Europe [2020] ETMR 27.

Designs 144

Designs Design Branding Brands 144

Indiana Intellectual Property Law

JUNE 23, 2022

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. Reloaded Merch LLC was organized and created on November 10, 2020. These efforts fell apart in late 2019. 1114 , N.J. 1125 and IC 27-4.

Trademark 52

Trademark Registration Designs Design 52

IP and Legal Filings

MARCH 14, 2022

. (“Chanel”), is an iconic fashion company based in New York known for its luxury fashion products and owns rights to several Chanel and CC monograms trademarks associated with the brand design. The brand was not involved with selling second handed or vintage goods. RealReal, Inc. 3d 422 (S.D.N.Y.

False Advertising 52

False Advertising Branding Brands Branding 52

LexBlog IP

SEPTEMBER 22, 2021

The letters cites as an example that pharmaceutical companies create “patent thickets” comprising “dozens of questionable, back-to-back patents,” or engage in “product hopping” by transitioning from one branded drug to another very similar drug with a longer patent life. Fintiv, Inc.

Patent 52

Patent Designs Design Marketing 52

IPilogue

JULY 27, 2021

French champagne producers are protected by intellectual property rules established by the World Trade Organization (WTO) that gives them a monopoly over the use of their brands. Franck Riester, France’s foreign trade minister, discussed the possibility of defending the interests of French champagne producers through legal action.

Trademark Law 106

Trademark Law Intellectual Property Branding Brands 106

azrights

MAY 10, 2022

Not understanding the role of Brand Names in Business led to China Tang having to rebrand even though they had been using the name for 12 years. Read, listen to podcasts and audio books, take courses such as Brand Tuned to discover better ways to design your business, get clients, and serve your existing ones. Business is hard.

Business 98

Business Branding Brands Branding 98

Dragons' Den

JANUARY 5, 2023

This inspired her new product and the name of her brand ‘Tabuu’ as she hopes to help remove the taboo around taking medication in public. Another way to protect her pill box is with a registered design. This will protect the appearance and design of her product. Peter Jones was first to begin questioning Paola.

Social Media 52

Social Media Designs Design Business 52

IPilogue

APRIL 22, 2022

ViiV Healthcare (“ViiV”), majority-owned by GlaxoSmithKline (“GSK”), claims that Gilead’s bictegravir (sold under the brand name “Biktarvy”) directly copied its dolutegravir’s formulation under U.S. Under this doctrine, the inventor could not then sue another for using the three-wheeled or four-wheeled design.

Patent 120

Patent Settlement Invention Inventor 120

The IPKat

NOVEMBER 9, 2021

The event was, as ever, chaired by PermaKat Prof Dr Eleonora Rosati together with Giulia Gasparin, and the calibre and range of the speakers was bound to result in lively discussion; with panellists from marketplaces such as Amazon, Zalando and Etsy engaging in discussion with brand and consumer voices as well as private practice lawyers.

Reporting 126

Reporting Law Due Diligence Branding 126

Technology & Marketing Law Blog

JUNE 4, 2022

action to stimulate the criminal conduct”, as was the case in Weirum, where defendants encouraged plaintiffs to drive as quickly as possible to the designated location. 2020 WL 2097599 (N.D. Even accepting such allegations as true, the Uber entities still are not alleged to have “[taken]. Uber Technologies, Inc.,

Business 116

Business Technology Marketing Marketing 116

Kluwer Copyright Blog

OCTOBER 30, 2023

Lidl is described in the judgment as a “discounter” supermarket: it focuses on own-branded products and a “more curated selection of goods thus enabling greater control over price” (Paragraph [51]). Another example of a “discounter” supermarket is Aldi.

Copyright 58

Copyright Copying Branding Brands 58

TorrentFreak

DECEMBER 26, 2021

In a summer 2020 lawsuit , Amazon Content Services, publisher Penguin Random House and several authors including John Grisham and Lee Child, accused several pirate eBook sites of infringing their copyrights. The court also ordered assets to be restrained. Early on it became clear the case was unlikely to be straightforward.

Web Design 141

Web Design Copyright Publishing Copyright Infringement 141

The IPKat

JANUARY 14, 2022

26 [2020], First, Civil, IP, 01, Shaanxi Intermediate People’s Court of Shaanxi Province. SLC also referred to another ruling in April 2020 issued by the Higher People’s Court of Beijing (case reference: Administrative Judgment No. First instance [Case reference: Civil Judgment No.

Law 142

Law Branding Brands Branding 142