This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
The US Patent and Trademark Office (USPTO) has published a notice with supplemental guidance for its staff members examining design patent claims that include computer-generated images. By: AEON Law
Hiker Industries, LLC (“Hiker”) has filed a lawsuit against Hyk Outdoors LLC (“Hyk”), alleging trademark infringement and unfair competition under both federal and state laws. The complaint focuses on the use of marks by Hyk that Hiker claims are confusingly similar to its own registered trademarks.
Patent and Trademark Office’s (USPTO's) new director wasted no time getting down to business in terms of protecting design innovation in the United States. This report summarized public comments received in response to a December 2020 request by the USPTO. manufacturers. manufacturers.
It is a generic term, and not a trademark – in Australia. ” UGG is a registered trademark in the USA, now owned by Deckers Outdoor Corp. Back in 2016, Deckers learned that Australian Leather had imported 12 pairs boots labelled “ugg boots” into the USA and sued for trademark infringement. Petition ].
The World Intellectual Property Organization (WIPO) has published its World Intellectual Property Indicators Report 2020 , which contains valuable information on changes in intellectual property indicators and trends worldwide, from 2018 to 2019, as we discussed in this post. Trademarks. Industrial designs. Industrial designs.
On October 5, HBC filed a statement of claim at the Federal Court of Canada against a Quebec family for trademark infringement, depreciation of goodwill, and passing off. The Zellers Trademark: Then and Now. HBC’s Claim of Trademark Infringement. Zellers has been around since the 1930s, but in 1978, it was acquired by HBC.
Limited refused to grant an interim injunction in favour of the plaintiff in a case of trademark infringement concerning the plaintiff’s mark ‘Rooh Afza’ and the defendant’s mark ‘Dil Afza’. The plaintiff claimed that they have been using the mark for more than 100 years and had first registered their mark in 1942.
A trademark is typically a sign, logo, symbol, word, phrase, design, or combination of them, which identifies the product or service of a particular brand. To sell the product, using the brand name makes it a trademark. ’ Common or generic terms are usually not protected under trademark law. Generic Trademark.
In this new billion dollar industry , game developers must be especially cautious of potential trademark infringements. court cases addressed the question of whether depictions of real vehicles in video games constitutes trademark infringement. Activision Blizzard Inc (2020). Two recent U.S. Oovee Ltd (2022).
, the executives at Peloton believe that the trademark SPIN is of great importance. Last month (February, 2021), Peloton filed petitions to cancel the trademarks SPIN and SPINNING for physical fitness instruction and for stationary exercise bicycles on the grounds that the marks are generic. This is commonly referred to as Genericide.
The European Commission’s Directorate-General for Taxation and Customs Union ( DG TAXUD ) and the European Union Intellectual Property Office ( EUIPO ) recently released the first joint annual report on EU enforcement of intellectual property rights: results at the EU border and in the EU internal market 2020.
Tucked into last December’s stimulus and relief package were critical reforms in intellectual property law, designed to empower trademark and copyright owners by providing stronger enforcement tools. trademark statute in more than 20 years.
This demonstrates the succinctness and simplicity of the Metaverse’s trademarking mechanism. Their rights will be protected thanks to the metaverse brands’ trademarks. By deterring rip offs, trademarks safeguard a company’s identity and the repute of its brand(s), especially in the Metaverse.
Case Summaries Guddu Gupta Trading as Ms Leela vs Suraj Gupta Trading As Ms Devi Leela … on 18 January, 2025 (Delhi District Court) The plaintiff, trading as Leela Cosmetics, alleged that his brother operating under Devi Leela Cosmetics, infringed upon his trademarks ROOP LADY and ROOP LEELA, as well as the design of his sindoor stick bottles.
And it accounted for 69% of all applications filed in Asia in 2021. applications We celebrate China’s triumph and wish everyone a Happy Chinese-New-Year! La entrada Infographic | China’s growth se publicó primero en OlarteMoure | Intellectual Property.
The company had waited too long to file for patent protection and so it turned to trademark. The USPTO complied and issued registered two trademarks on the filter shape. With the trademark registration in-hand, the district court partially granted SoClean’s motion for preliminary injunction. Important note here.
Introduction Trademarks are no longer confined to words, numbers, or devices. This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] 7] Is Braille a ‘Mark’ ?
The case involved the trademark “Solidare” (Trademark No. On a search, I also could not find anything on a counterclaim being accepted during the rectification proceedings per se in the Manual for Trade Marks by the Office of Controller General Patents, Designs & Trade Marks (CGPDTM). 1574746 in Class 9).
Samridhi Chugh and Manya Gupta write about this order, explaining how the Court appears to have convoluted the issues surrounding the interplay between trademarks, disparagement, and free speech, rather than clarifying them. It involved the plaintiff’s registered trademark, “SUPREME”. In this post by Kartikeya S.,
Businesses may find it challenging to enforce trademark rights in online marketplaces because it can be challenging to locate infringers and hold them accountable. Effective trademark enforcement is essential in this situation for protecting the goodwill and financial interests of legitimate businesses.
The concept of Metaverse as an online framework for economic interoperability was born in and around 2020. China in particular, struggles in adapting and coping with the ever increasing need of both foreign and Chinese brands to obtain suitable trademark protection. Are they protectable by design patents? Article 2.4
Continuing the trend that we analyzed in May 2020, petitions to the US Patent and Trademark Office Patent Trial and Appeals Board (PTAB) requesting inter partes review or post-grant review for design patents maintained an institution rate well below 50% in 2020.
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. Is this however a case of trademark infringement? Trademark or Unfair Competition? And, why is this important?
However, what would happen if business houses wanted to trademark the name of the god they worshipped? As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited.
With the challenges posed by name saturation and the reduced availability of work marks, industrial designs are increasingly important within intellectual property strategies. When people think about designs they typically think of patents, but the world of protecting designs is far more extensive than that.
Company Claims Ownership of ‘Reloaded’ Trademark. In a complaint filed this month in an Indiana court, clothing and apparel company NuStar Enterprises LLC states that since September 2016, it has continually used the ‘Reloaded’ trademark in commerce. Trademark Registration No.
Case Summaries Abbott Healthcare Private Limited vs Vinsac Pharma on 17 February, 2025 (Delhi High Court) Abbott Healthcare sued two defendants for trademark and copyright infringement, claiming they deceptively copied its well-known LIMCEE Vitamin C tablets by selling LIMEECEE with similar packaging. Read the post for more details.
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
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.
This case highlights the intersection of trademark law and e-commerce regulation, raising questions about the accountability of online marketplaces in protecting brand integrity. The Court deemed these claims speculative and unsubstantiated, underscoring the need for tangible, concrete evidence of losses in trademark disputes.
What is the design patent infringement test? The test for design patent infringement involves a visual comparison between the patented design and the accused product. What seems so hard about looking at two designs and determining whether appear substantially similar to an ordinary observer? Who is the ordinary observer?
As we’ve discussed recently, the Copyright Claims Board (CCB) is the new copyright small claims court that was introduced as part of the Copyright Alternative in Small-Claims Enforcement Act (CASE Act) of 2020. According to this claim, Hiro originally hired Dragvertising to design their mobile app.
They did so anyway and followed up by filing a trademark We’ve tried to sort this out in private and they have been uncooperative at every turn [link] — OBS (@OBSProject) November 17, 2021. At the very, very least this was incredibly sloppy and required a breakdown of design and writing conventions at multiple stages.
Constitutional Challenge: Appellants contended that the administrative trademark judges (ATJs) who sat on the Board panel were appointed in violation of the Appointments Clause of Article II of the Constitution, and therefore the Board's decision must be vacated. Piano Factory Group, Inc. and Sweet 16 Musical Properties, Inc.
On November 14 2022, the United States Court of Appeals for the Ninth Circuit ruled in San Antonio Winery Inc v Jiaxing Micarose Trade Co Ltd (“ Jiaxing ”) that foreign parties to a trademark infringement complaint can be served by trademark owners within the U.S. The provision states that if the trademark applicant is not in the U.S.,
The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. For starters, Bob’s Burgers is already a trademark belonging to someone else. Can you use it in the ways you want to?
Sony’s PlayStation 5 (PS5) has been consistently out of stock worldwide since its 2020 release. It is a video game console with basically the same look and design as a PS5—even the box looks exceptionally similar. Imagine how many copyright and trademark infringements GS5 may have invoked. But have you heard about GS5?
The concept of Metaverse as an online framework for economic interoperability was born in and around 2020. China in particular, struggles in adapting and coping with the ever increasing need of both foreign and Chinese brands to obtain suitable trademark protection. Are they protectable by design patents? Article 2.4
This requires translating the complaint and related documents, delivering them to the foreign country’s designated “Central Authority,” and then waiting for that Central Authority to actually deliver the documents and confirm delivery to the plaintiff. These costs and delays often dissuade plaintiffs from ever bringing well-based claims.
The Trademark Trial and Appeal Board’s (Board) precedential decision to uphold a refusal to register a proposed color mark in In re Post Foods, LLC [1] highlights the strategic and technical aspects involved in registering a color trademark as applied to a product. Post then appealed the examiner’s refusal to the Board.
With the end of the Brexit transition period on 31 December 2020, the EU legislation governing the EU trade mark and design system ceased to apply to the UK. Our Frankfurt and London offices work closely side-by-side on a daily basis helping clients to manage their trade mark and design portfolios with ease in a post-Brexit world.
Recently, the Supreme Court of the United States denied review in Savannah College of Art and Design v. 2020), a trademark case in the United States Court of Appeals for the Eleventh Circuit, which comprises the federal courts in Florida, Georgia, and Alabama. Sportswear, Inc., 3d 1273 (11th Cir.
The issue here is that while the names of Miyazaki or Studio Ghibli are not attached to these artworks, the style and specific elements of visual design are so iconic that the AI-outputs were referenced as "Ghiblified" in online discourse. Usually, artists seek to remove their name to maintain their reputation. Castillo v. G&M Realty L.P.,
Highlights Finding the Real Burger King: Identical Marks & Prior Use in the Pune Eatery Case It has been 14 years since the Burger King trademark dispute began in India, still with no end in sight. The plaintiff,, filed for summary judgment and permanent injunction against trademark infringement. The Court noted that defendant no.1
We organize all of the trending information in your field so you don't have to. Join 9,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content