The TTABlog

JANUARY 5, 2022

2021 USPQ2d 164 (TTAB 2021) [precedential] (Opinion by Judge Cynthia C. 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. Welch 2020-2021.

Registration 113

Registration Advertising Advertising Music 113

SpicyIP

JULY 28, 2021

We are pleased to bring you a guest post by Yashi Agrawal on India’s recent accession to the Locarno Agreement, discussing inter alia the resultant amendments to India’s design laws and prospective benefits to India on becoming a part of the Locarno Special Union and Assembly. Yashi Agrawal. India and the Locarno Agreement.

Design 124

Design Designs Intellectual Property Editing 124

Technology & Marketing Law Blog

JULY 16, 2021

2021 WL 221878 (9th Cir Jan. 22, 2021): companies now pay so-called “influencers” to issue posts on social media touting their products or services. 2021 WL 2435307 (N.D. June 15, 2021). 2021 WL 151978 (N.D. 2021 WL 2476853 (E.D. La Marque, 2021 WL 1997376 (D. Advertising/E-Commerce. Ariix, LLC v.

Advertising 122

Advertising Advertising Contracts Social Media 122

Plagiarism Today

AUGUST 18, 2022

The system is designed to be navigable by non-lawyers and, instead of a judge and/or jury, the case is heard by a panel of three officers and the entire process is held online. Registration Status at the Time of Filing. Of the registrations, 49 of the registrations were before 2020 and 68 were from before 2022.

Copyright 299

Copyright Registration Music Copyright Infringement 299

Corsearch

FEBRUARY 28, 2024

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.

Registration 59

Registration Design Designs Intellectual Property 59

Velocity of Content

NOVEMBER 11, 2021

The Office’s response was released on August 31, 2021 and described the contours of the issue – which appears to require legislative action if it is to be addressed. This case comes along at a time when the Court has recently (2019) articulated a stricter registration standard for bringing copyright disputes before a court.

Copyright 98

Copyright Publishing Reporting Copyright Infringement 98

Indiana Intellectual Property Law

NOVEMBER 12, 2024

SHO’NUFF POPCORN PROUDLY ESTABLISHED. SHO’NUFF POPCORN PROUDLY ESTABLISHED. SHO’NUFF POPCORN PROUDLY ESTABLISHED.

Registration 52

Registration Trademark Design Designs 52

The TTABlog

SEPTEMBER 2, 2021

opposed registration of the mark shown below left, claiming a likelihood of confusion with its registered mark shown below right, both for clothing. 91244445 (August 25, 2021) [not precedential] (Opinion by Judge Michael B. Moreover, the alligator design is larger that the wording in applicant's mark. Welch 2021.

Design 90

Design Designs Advertising Advertising 90

Garrigues Blog

SEPTEMBER 7, 2021

Whether or not these types of products or components can be protected as industrial designs must be addressed case by case. The legal protection of industrial designs mainly covers aesthetics, the specific shape or aesthetic configuration of a product. Specifically, article 4.2 of Regulation 6/2002. of Regulation 6/2002). Article 4.3

Design 90

Design Designs Intellectual Property Registration 90

IP and Legal Filings

JANUARY 26, 2023

2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.

Registration 98

Registration Trademark Trademark Law Law 98

The TTABlog

AUGUST 30, 2021

The Board upheld a Section 2(e)(5) refusal to register the design of the Eames chair (shown below) for "furniture, namely chairs," finding the configuration to be de jure functional. The well known Eames chair was designed in the 1940s and was recognized by Time magazine as the Best Design of the 20th Century.

Design 98

Design Designs Advertising Advertising 98

Technology & Marketing Law Blog

MARCH 7, 2022

Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. b)(4) (2021).] Unicolors, Inc. b)(4)(i)(A) (2011).

Registration 98

Registration Blogging Copyright Design 98

The IPKat

AUGUST 17, 2022

In all this, it is no surprise that new and quirky designs require effective IP protection to retain their goodwill and reputation, as well as competitive advantage. The applicant maintained its request for registration. These had been circulating on the market since, at least, 2017.

Registration 91

Registration Design Designs Marketing 91

The TTABlog

JANUARY 11, 2022

The only precedential Section 2(d) decision was the Joel Embiid case, In re Joel Embiid , 2021 USPQ2d 577 (TTAB 2021), affirming a refusal to register TRUST THE PROCESS for shoes. Prior registrations (under the 13th DuPont factor) impacted the HANA BANCORP and ELDORADO RESORT decisions. None of the reversals was precedential.

Design 88

Design Designs Registration Copyright 88

Technology & Marketing Law Blog

JULY 5, 2021

LLC, 2021 WL 466975 (S.D.N.Y. 9, 2021): “At the motion to dismiss stage, Kidmoto has plausibly alleged more than just the purchase of a competitor’s mark as a search engine keyword standing alone. 2021 WL 1163117 (E.D.N.Y. March 18, 2021). 2021 WL 1226156 (S.D.N.Y. April 1, 2021). June 7, 2021).

IP 85

IP Social Media Fair Use Brands 85

The TTABlog

DECEMBER 31, 2021

35: TTAB Grants MIRAGE BRANDS Cancellation Petition Due To Likelihood of Reverse Confusion On Remand from the CAFC, TTAB Denies Petition for Cancellation of "NAKED" Registration for Condoms TTABlog Test: Three Recent Section 2(d) Inter Partes Cases - How Did They Come Out? & Design" for Beer? [Yes] Precedential No.

Registration 69

Registration Cinema Trademark Reporting 69

Patently-O

JULY 8, 2021

Timberland did not patent or register a copyright the design, and the market it rife with copycat boots. The examiner had also rejected the trade dress registration as improperly functional, but the TTAB did not reach that issue. — Dennis Crouch (@patentlyo) July 8, 2021. Complaint: TBL Registering TM on Timberlands.

Registration 130

Registration Licensing Trademark Design 130

The TTABlog

AUGUST 31, 2021

-Bee) has scheduled six (VI) oral hearings for the month of September 2021. September 8, 2021 - 10 AM: Joshua S. 92067794 [Petitioner for cancellation of registration s for the mark FORUM for clothing and snowboards, on the ground of abandonment.] September 9, 2021 - 4 PM: Maker's Mark Distillery, Inc. Welch 2021.

Registration 59

Registration Design Designs Trademark 59

The TTABlog

OCTOBER 22, 2021

The USPTO refused to register the mark BEDLAM VODKA in the word-plus-design form shown below left, for vodka [VODKA disclaimed], finding confusion likely with the registered mark BEDLAM! in the word-plus-design form shown below right, for beer. 88182246 (October 19, 2021) [not precedential] (Opinion by Judge Melanye K.

Design 72

Design Designs Registration Copyright 72

Patently-O

NOVEMBER 21, 2021

So much so that the post-1902 Act regional circuit design patent cases invalidating design patents on functionality grounds would come out oppositely under the Federal Circuit’s lax standards. In 2015, it sought copyright registration of this useful article as a sculptural work. This commentary presents some of our findings.

Design 75

Design Designs Copyright Design Patent 75

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 90

Copyright IP Ownership Copyright Infringement 90

The TTABlog

JULY 30, 2021

-Bee) has scheduled three (3) oral hearings for the month of August 2021. August 11, 2021 - 11 AM: General Motors LLC v. August 19, 2021 - 10 AM: Alzheimer's Disease and Related Disorders Association v. August 26, 2021 - 10 AM: In re Old Blind Dog BBQ LLC , Serial No. Welch 2021. Bolt Ride, Inc. Opposition No.

Registration 59

Registration Design Designs Trademark 59

The TTABlog

NOVEMBER 30, 2021

Bee) has scheduled eight (VIII) oral hearings for the month of December 2021. December 1, 2021 - 11 AM: In re Solar Foundations USA, Inc. December 1, 2021 - 11 AM: In re Solar Foundations USA, Inc. December 2, 2021 - 10 AM: In re Jasmin Larian, LLC , Serial No. December 7, 2021 - 11 AM: Made in Nature, LLC v.

Registration 59

Registration Design Designs Trademark 59

The IPKat

JANUARY 25, 2024

By decision of 24 January 2024 ( T-537/22 ), the General Court of the European Union (GC) confirmed the validity of the Registered Community Design (RCD) by Lego A/S (Lego) “Building blocks from a toy building set” by stating that an RCD is invalid only if all its features are excluded from protection. On 2 February 2010 Lego obtained RCD No.

Design 72

Design Designs Registration Intellectual Property 72

The TTABlog

SEPTEMBER 30, 2021

Section 2(a) - False Suggestion of a Connection: TTAB Denies Fraud Claim But Grants Petition to Cancel SEYIDOGLU Registration on Section 2(a) False Connection Ground Section 2(d) - Likelihood of Confusion: TTABlog Test: Which of These Three Section 2(d) Refusals Was Reversed? SPECIAL & Design" Confusable With RADIALWEAR for Clothing?

Registration 59

Registration Design Designs Trademark 59

The IPKat

JULY 3, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on a brand-new decision issued by the General Court of the European Union on 3 July 2024 in an interesting design case (Case T-329/22). The designer had a wide design freedom. by Henning Hartwig I.

Design 69

Design Designs Art Law 69

The IPKat

OCTOBER 20, 2021

CCIS_CMD/2021/776/RFP - Creators Platform: Program Management Team and Content Delivery Team. For those interested in participating, the business opportunity can be found here (in order to see the tender documents and participate, a BASIC registration in the United Nations Global Marketplace (UNGM) is required). Register here.

Intellectual Property 111

Intellectual Property Intellectual Property Law Registration Privacy 111

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 137

Social Media Registration Intellectual Property Ownership 137

Olartemoure Blog

NOVEMBER 25, 2022

The World Intellectual Property Organization published the World Intellectual Property Indicators report, where it revealed a strong growth in IP applications in 2021, demonstrating that entrepreneurship, technology , innovation and digitalization continue to drive the growth of the global economy. more than in 2020. and 9.2%, respectively.

Intellectual Property 52

Intellectual Property Registration Publishing Reporting 52

Technology & Marketing Law Blog

NOVEMBER 21, 2021

This summer, the Copyright Review Board issued an interesting decision about the registrability of emojis. The Copyright Review Board is the Copyright Office’s internal administrative review process for the registration decisions of individual copyright examiners. It has issued 33 decisions so far in 2021. copyright law.

Copyright 126

Copyright Registration Fair Use Design 126

The TTABlog

OCTOBER 29, 2021

Bee) has scheduled eight (VIII) oral hearings for the month of November 2021. November 2, 2021 - 10 AM: In re Garan Services Corp. 88674888 [Section 2(d) refusal of MATCH STUDIO for "clothing, namely, tops and bottoms," in view of the mark MATCH in standard character and design form for overlapping clothing items.]

Design 59

Design Designs Music Advertising 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 98

Due Diligence Registration Government Technology 98

The IPKat

JANUARY 24, 2022

Last week, the General Court (GC) answered this question in the affirmative in its decision in T-483/20 Tecnica Group , concerning trade mark protection of the shape of an icon of Italian fashion design and history: the Moon Boots. Registration ( No 10 168 441 ) was granted the following year. Milano, Tecnica Group S.p.A.

Registration 142

Registration Copyright Copyright Infringement Brands 142

U.S. Department of Commerce

OCTOBER 7, 2021

Manufacturing Month 2021: Celebrating Resilient U.S. October 7, 2021. Thu, 10/07/2021 - 09:28. Manufacturing Day 2021 events across the country, which are happening throughout the month of October, are celebrating America’s manufacturing resilience during this difficult time. Celebrate MFG Day 2021! Manufacturing.

Contracts 69

Contracts Registration Design Designs 69

IP Tech Blog

AUGUST 16, 2021

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. However, the applicant of an EUTM or RCD application pending on 1 January 2021 can apply for registration of a UK right and claim the earlier filing date until 30 September 2021.

Design 57

Design Designs Blogging Registration 57

Kluwer Copyright Blog

OCTOBER 3, 2022

The implementation of the CDSM Directive is still far from over, despite the fact that the implementation deadline passed more than a year ago, on 7 June 2021. WIPO, Agreement on diplomatic conference on Design Law Treaty. The copyright in these two titles expired at the beginning of 2021. CDSM Directive implementation.

Copyright Law 119

Copyright Law Copyright Law Music 119

The IPKat

NOVEMBER 30, 2022

The strong ‘additional meanings’, or the acquired distinctiveness, take the sign out of the shadows of being a descriptive term and make it eligible for trade mark registration. On 26 January 2021, China National Intellectual Property Administration (CNIPA) rejected the application in accordance with Art. of the TML.

Art 135

Art Registration Intellectual Property IP 135