IPilogue

NOVEMBER 17, 2022

Beijing Judian is a reputable barbeque bar restaurant with over 40 locations in China with established Ju Dian character marks, including the JU DIAN & Design Mark. A month later, the restaurant found an advertisement posted by Meng for the sale of the registration of the JU DIAN & Design Mark for $100,000.

Trademark 111

Trademark Registration Advertising Advertising 111

The IPKat

DECEMBER 16, 2021

CPL had a registered trademark in the word “Conphamol” and the design of the product packaging. The Court of Appeal rightly held that registration of copyright is not a requirement in Nigeria, and the High Court erred by relying solely on the fact of registration of the plaintiff’s “registered” proposal.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

43(B)log

FEBRUARY 9, 2022

The Sports Mall LLC, 2021 WL 6804246, No. 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 Kevorkian v. CV 21-2747-DMG (MRWx) (C.D.

False Advertising 59

False Advertising Advertising Advertising Copyright 59

IP and Legal Filings

FEBRUARY 2, 2023

Introduction The Ministry of Electronics and Information Technology (MeitY) was designated as the focal ministry for all issues pertaining to the online gaming sector on December 23, 2022. MeitY has extended a deadline for comments on the proposed amendment of January 17, 2023. Self-regulatory Bodies.

Due Diligence 85

Due Diligence Registration Government Technology 85

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

SEPTEMBER 16, 2021

PureThink, LLC, 2021 WL 2483778, No. May 18, 2021) Neo4j specializes in graph database management systems. It has trademark registrations for the word mark “NEO4J.” Summary judgment granted on state and federal false advertising claims. False designation of origin: Yep. Neo4j, Inc. 5:18-cv-07182-EJD (N.D.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

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). 92056381 (December 16, 2021) [not precedential] (Opinion by Judge Marc A. Nor did respondent have advertising material or seek FDA approval.

Registration 49

Registration Contracts Advertising Advertising 49

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. Chemence, Feb.

Advertising 40

Advertising Advertising Law Privacy 40

The IPKat

AUGUST 17, 2022

In a somewhat comparable situation, a trade mark holder has surrendered some of their registered marks, even though they were accepted by the UK Intellectual Property Office (IPO), after receiving public backlash against the registrations. What does this mean for the hundreds of other registrations that include these, or similar, words?

Social Media 136

Social Media Registration Intellectual Property Ownership 136

The TTABlog

JANUARY 6, 2022

[Section 2(d) refusal of the word-plus-design mark shown below for, inter alia , "non-metal tiles for countertops, walls, sinks, and floors in bathrooms and kitchens," in view of the registered mark BELLAVITA TILE registered for “Non-metal tiles for walls and floors; ceramic tiles; porcelain tiles; glass tiles.” Welch 2021.

Social Media 60

Social Media Advertising Advertising Music 60

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 114

Registration Advertising Advertising Art 114

Intepat

MAY 28, 2024

This success is largely attributed to Apple’s effective trademarking of various designs and sounds related to its products and services. Notably, Apple trademarked its store design in the United States in 2011. Prior Registration and Use: Apple Inc. Cracking the Code: What Sets Apple’s Trademark Apart?

Trademark 52

Trademark Intellectual Property Branding Brands 52

The TTABlog

OCTOBER 5, 2023

This suggestion was confirmed by Opposer's advertising, which "touts the California sunshine under which Opposer’s citrus fruits are grown." As to commercial strength, there were no third-party uses or registrations of the same or similar sun-kissed formative marks in the industry. It failed to do so.

Advertising 64

Advertising Advertising Marketing Marketing 64

Patently-O

OCTOBER 3, 2021

Jun 04, 2021). Now, the company has filed a civil action in the Eastern District of Virginia seeking a court order that TBL is entitled to a registration. Now, the company has filed a civil action in the Eastern District of Virginia seeking a court order that TBL is entitled to a registration. by Dennis Crouch. TBL Complaint.

Trademark 131

Trademark Registration Advertising Advertising 131

The TTABlog

SEPTEMBER 24, 2021

Applicant Weber State successfully relied on third-party use and registration evidence in arguing that ASCENT is a weak source indicator in the field of banking and financial services. 88675314 (September 14, 2021) [not precedential] (Opinion by Judge Robert H. Welch 2021. In re Weber State Federal Credit Union , Serial No.

Registration 40

Registration Advertising Advertising Designs 40

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The EMSCULPT is a non-invasive medical device designed to stimulate muscle contraction using electromagnetic energy. The Indiana Secretary of State indicates that the corporation was created in 2021. filed suit against Plaintiff JV Medical Supplies, Inc.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

Dragons' Den

FEBRUARY 16, 2023

In this week’s blog, I’ll focus on two pitches and consider what is patentable and the difference between designs and patents. And so in December 2021, he launched an ‘in your pocket music promotions hub’. Zoe told the Dragons that she has applied for a ‘design utility patent’. system, this is basically a registered design.

Designs 52

Designs Design Music Invention 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. ” Nevertheless, the successor licensee sent DMCA takedown notices to Amazon targeting the registrant’s stripped-down sticker. .” per sticker set.

Registration 113

Registration Fair Use Copyright Designs 113

43(B)log

SEPTEMBER 7, 2021

2021 WL 1534988, No. The claim for cancellation of the ‘675 Mark was based on fraud in obtaining the trademark registration and misrepresentation of source, whereas their claim for cancellation of the ’549 and ’077 Marks was based on misrepresentation of source alone. Tapestry, Inc. Chunma USA, Inc., 20-CV-0271 (JMF) (S.D.N.Y.

False Advertising 59

False Advertising Registration Trademark Registering Trademarks 59

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 Designs 52

The IP Law Blog

MARCH 5, 2021

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. 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?

Trademark 85

Trademark Branding Brands Branding 85

Garrigues Blog

JUNE 1, 2021

We take a look at our Top10 most-read posts in this first year of the IP Blog: The Influencers’ Code of conduct comes into force on January 1, 2021: are you aware of your obligations? Banksy Case: registration of a trademark in bad faith and the price of anonymity. Final act: will the Supreme Court lend bullfighting a helping hand?

Blogging 52

Blogging IP Advertising Advertising 52

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 114

Television Advertising Advertising Designs 114

Canadian Intellectual Property Blog

MARCH 17, 2021

On February 11, 2021, the Canadian government announced that due to the Canada-United States-Mexico Agreement (CUSMA), Canada has agreed to extend, by the end of 2022, the protection period to a minimum of the author’s lifetime, the remainder of the calendar year in which the author died, plus 70 years following that calendar year.

Copyright 52

Copyright Intellectual Property Social Media Registration 52

The IPKat

DECEMBER 17, 2021

However, the Court ruled that since the Defendants were incorporated before the registration of the Plaintiff’s trademarks, they were not barred from using their names. The ARB is the organisation established by its members (who are advertisers) to regulate the advertising industry in South Africa.

Trademark 96

Trademark IP Registering Trademarks Branding 96

The IPKat

MAY 19, 2023

The decision, which concerned Maison Margiela’s Magic Numbers , confirms that a pattern – whether numerical or something else – must be capable of indicating the commercial origin of the goods and/or services in question in order to be eligible for trade mark registration.

Advertising 96

Advertising Advertising Registration Designs 96

43(B)log

OCTOBER 31, 2022

Zamfir alleged that, though continued to inquire about the status of the CASPER trademark application CasperLabs represented it would file on his behalf, he didn’t learn that CasperLabs had registered the CASPER mark until early 2021. Zamfir also sought to cancel CasperLabs’ trademark registrations and sufficiently pled that under 2(d).

Registration 59

Registration Trademark Ownership Marketing 59

LexBlog IP

SEPTEMBER 15, 2021

the UGG mark or designation, or any reproduction, counterfeit, copy, or colorable imitation thereof, in any manner and in any format, case or spelling, on or in connection with the sale, offering for sale, distribution, or advertising of any product in the United States or its territories.” However, on 7 May 2021, the U.S.

Trademark 52

Trademark Registration Branding Brands 52

SpicyIP

MARCH 13, 2023

Controller of Patents and Designs: Revisting the CRI Guidelines and Ferid Allani Patentability of Computer Related Inventions (CRI) in India has popped up again! Upon ensuring that the responses to both questions are negative, the court set aside the impugned order and directed to advertise the subject mark. Microsoft v.

Intellectual Property Law 104

Intellectual Property Law Intellectual Property Trademark IP 104

Garrigues Blog

OCTOBER 11, 2022

This is why a GI usually includes the designation of the place of origin. How will the registration process work in practice? The idea is to have a quick and efficient registration system in place from a cost standpoint. have at least one production step taking place in the defined geographical area.

Registration 52

Registration Marketing Marketing Designs 52

SpicyIP

FEBRUARY 13, 2023

What stands out here is that the Court granted an injunction in favour of the Plaintiff based on earlier registration without considering the non-use of the mark by them. Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013.

Designs 52

Designs Design Trademark Cease and Desist 52

The IPKat

JANUARY 14, 2022

319 [2021], Final, Civil, Shaanxi of the High 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 142

Law Branding Brands Branding 142

The TTABlog

SEPTEMBER 16, 2021

87587855 (September 14, 2021) [not precedential] (Opinion by Judge Christopher Larkin). Second, applicant has not advertised any utilitarian advantages over other designs. And third, there are many alternative designs available. The Board found this advertising to be strong evidence of functionality. Welch 2021.

Advertising 52

Advertising Advertising Designs Design 52

SpicyIP

AUGUST 22, 2022

On 2 nd December 2021, Mason Rothschild began advertising an NFT collection of fur-covered Birkin-like handbags that he designed, advertising them as ‘METABIRKINS’. i)advertising or promotion that permits consumers to compare goods or services; or. (ii)identifying The Hermès-Rothschild Dispute.

Trademark 123

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 123

43(B)log

SEPTEMBER 8, 2021

18, 2021) The parties compete in the U.S. trademark registrations for particular colors on mixing tips. Mixpac’s advertising materials assert that “[i]n order to simplify handling MIXPAC is using color-coded mixers and outlet caps. Sulzer Mixpac AG v. A&N Trading Co., 19-2951 (2d Cir. Mixpac owned twelve U.S.

Advertising 75

Advertising Advertising Marketing Marketing 75

SpicyIP

MAY 18, 2022

The Indian Trade Marks Registry is also seeing activity under classes 9, 35 and 41 for registration of trademarks in relation to ‘downloadable virtual goods’ and online virtual services. Dec 21, 2021. Dec 15, 2021. Some examples under class 9 include: S.No. But it is equipped to efficiently deal with new workload?

Non-Fungible Tokens 108

Non-Fungible Tokens Trademark Artwork Art 108

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 73

Registration Advertising Advertising Law 73