Likelihood of Confusion

NOVEMBER 24, 2024

Originally posted 2021-04-13 10:40:33. Republished by Blog Post PromoterWhen trademark lawyers — much less judges — use a word, it means just what they choose it to mean — neither more nor less.

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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).] Legal Background: Registration.

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Erik K Pelton

DECEMBER 28, 2020

The number of applications filed, and registrations granted in FY2020 both grew over the prior year, to the highest in history. trademark registrations! Hundreds of trademark applications filed this year referenced masks , COVID, quarantine, social distancing, and other pandemic topics. Looking ahead to 2021.

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IPilogue

DECEMBER 21, 2022

A quick search on the USPTO’s trademark database shows that Apple first filed the trademark registration for SMART KEYBOARD back in December 2015 as an iPad Pro accessory. The USPTO rejected the application in 2018, and the Trademark Trial and Appeal Board (“TTAP”) upheld this decision in 2021.

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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.

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The TTABlog

JULY 2, 2021

Failure to Prove "Standing" and Priority Dooms Section 2(d) Cancellation of CHUBB TRAVEL SMART Registration for Mobile Apps Catch-all Thirteenth DuPont Factor Saves HANA BANCORP & Design from Section 2(d) Refusal Precedential No. TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out? Precedential No. Guess What? Guess What?

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IP and Legal Filings

JANUARY 11, 2024

Although scents are implicitly included in the Act’s protection of trademarks, the U.S. Patent and Trademark Office (USPTO) has stringent procedures for scent trademark registration. The objective of these requirements is to guarantee the legitimacy of graphical representations of smell trademarks.

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The TTABlog

DECEMBER 14, 2021

Sink your teeth into this Harvard Law Review note that strikes at the heart of trademark infringement doctrine: " Trademark Injury in Law and Fact: A Standing Defense to Modern Infringement ," 35 Harv. 667 (December 2021). This note posits that trademark law and the law of standing have grown apart.

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IPilogue

NOVEMBER 17, 2022

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. Two sections recently added to Canada’s Trademark Act of 1985 (“the Act ”) mention bad faith. million dollars for Beijing Judian to purchase the mark from him. Beijing Judian refused.

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IPilogue

OCTOBER 18, 2022

This motion represents the latest development in the greater claim and counterclaim between the two companies which was initiated in December 2021. . For its part, WOTC claims that it retains common law interest in these marks, on the basis that it has continued to use the marks since at least 2012.

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Erik K Pelton

MAY 28, 2024

trademark registrations and have been involved in dozens of disputes before the Trademark Trial and Appeal Board (“TTAB”). In addition to representing myriad small business trademark owners, EMP&A itself is a small business and the owner of more than a dozen U.S. trademark registrations.

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IPilogue

FEBRUARY 16, 2023

On November 7, 2018, Pest Control, Banksy’s authentication body, filed an EU trademark claim on behalf of the artist for Laugh Now. Typically, artists protect their artwork using only copyright law. Trademark law allows Banksy to remain anonymous and maintain his mysterious artistic persona. street artist Banksy.

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Erik K Pelton

MARCH 11, 2022

The FTC’s Proposed Trade Regulation Rule on Impersonation of Government and Businesses (FTC-2021-0077) aims to prevent fraudulent or harmful acts caused by impersonation of government and businesses. Pelton & Associates, PLLC (“EMP&A”) is a boutique trademark law firm located in Falls Church, Virginia. About Erik M.

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The TTABlog

NOVEMBER 6, 2023

The Board granted a petition for cancellation of a registration for the mark CS for "amplifiers," finding that Petitioner Adamson Systems proved by a preponderance of the evidence that Respondent Peavey Electronics had discontinued use of the CS mark on amplifiers, with intent not to resume use. Lanham Act, Section 45. The Board was unmoved.

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IPilogue

OCTOBER 19, 2021

Hall Law School. . On September 28, 2021 , The Hershey Co. Hershey’s Kisses trademark may not be considered inherently distinctive since Kisses look like any other chocolate chip on the shelf, making Hershey’s Kisses a descriptive good rather than a mark registrable on the USPTO’s Principal Register.

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IP and Legal Filings

OCTOBER 28, 2022

10 of 2021, dated May 21, 2021. registration requirements. Provisions of intellectual property law will be applicable to NFTs. Article 143 of the Patent Law provides patent holders recourse to file claims in the Commercial Court if the rights under their patent are infringed by another party. MOCI Regulation No.

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IPilogue

OCTOBER 7, 2021

The court ultimately decided against the band because “Aboriginal rights are outside the scope of trademark law.”. Cases like this raise questions about the scope of intellectual property (IP) law in Canada. Trademark law in particular has the benefit of granting collective rights and can also provide perpetual protection.

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Canadian Intellectual Property Blog

JUNE 22, 2022

For example, whereas in the past, both unregistered and registered trademarks did not need to be translated into French, under Bill 96, only registered trademarks will be exempt from translation into French. Currently, it takes approximately two years for a trademark application to mature to registration in Canada.

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Technology & Marketing Law Blog

OCTOBER 5, 2023

I wrote an expert declaration about them in 2021). The court could have cited two recent Supreme Court cases (Jack Daniels and Abitron) for the proposition that trademark law only applies when parties are using a trademark as a mark , i.e., to identify and distinguish the source of marketplace goods.

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The TTABlog

JANUARY 7, 2022

Thomas McCarthy has provided to me his comments on the CAFC's October 27, 2021 decision in the Brooklyn Brewery case, in which the appellate court largely affirmed the TTAB's denial of Plaintiff Brooklyn Brewery's petition for cancellation of a registration for the mark BROOKLYN BREW SHOP (in standard form) for beer-making kits.

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SpicyIP

AUGUST 10, 2024

Recently Lupin Atlantis Holdings SA secured trademark registrations for three colour combinations for its inhalers. Application for the grey-brown combination was made twice – first in May, 2021 (see here ) and with certain “interesting” changes (discussed below) again in January, 2022 (see here ). Sabeeh Ahmad.

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IPilogue

AUGUST 2, 2021

European trademark law requires genuine use of a trademark to maintain registration. Lack of use may cancel a trademark’s registration; as well, any oppositions based on a trademark without genuine use may not withstand a non-usage defense. . Hasbro v EUIPO. In 2015, Doga?aji’s

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IP and Legal Filings

SEPTEMBER 17, 2021

Fashion, in 2021, has evolved to become a form of art that acts as a vehicle for cultural commentary and is not just merely restricted to the process of manufacturing apparel. In India, as of 2018, the industry was valued at over five trillion INR and is expected to reach about 223 billion dollars by 2021. dollars in the USA.

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SpicyIP

MAY 18, 2022

Nike has also brought an action for trademark infringement against StockX alleging that StockX’s NFTs depicting Nike shoes violates its trademarks. Dec 21, 2021. Dec 15, 2021. However, when it comes to virtual goods, classification is not straightforward. But it is equipped to efficiently deal with new workload?

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The IPKat

JUNE 12, 2022

Generally speaking, such applications would be refused registration in that they inter alia fail to perform their basic function – namely to indicate commercial origin. It is Matthias Zirnsack vs. EUIPO (Case R-260/2021-G ). Let’s see more in detail what this case is about and what INTA’s take consists of.

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IP and Legal Filings

OCTOBER 26, 2023

In its process to debunk the claims Daily basket through its website also mentioned That except the word basket there existed no similarities or trademark violations in the brand logo and the name,colour and font itself was different. [4] 4] That Daily Basket had an entirely different user interface and the get-up was also way different.

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The IPKat

MAY 11, 2024

33,544 ) in 2021. Why does the patent use a different name from the registered trademark? Indeed, this principle was the basis for Australia's unsuccessful argument that the name 'Prosecco' for sparkling wine should be refused registration as a geographical indication in Singapore (previously discussed by this Kat here ).

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IPilogue

MARCH 20, 2023

The motion court first hearing the case misapplied the fundamental principles of trademark law. because they were the first to file a trademark application for “Bombay Frankies” despite not having yet used the mark. s entitlement to the trademark manifests on the application date or registration date.

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43(B)log

FEBRUARY 16, 2023

The court says the PTO “granted” the application on June 14, 2021, but that’s the filing date—the ITU application was published for opposition in April 2022, allowed June 2022, and an extension of time to file a statement of use has been granted as of this writing.

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SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. The Hermès-Rothschild Dispute. Concluding Remarks.

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SpicyIP

FEBRUARY 21, 2024

The question that surfaced here was “which High Court shall have the jurisdiction to hear cancellation/rectification petitions under Section 57 of the Trademark Act, 1999 (‘1999 Act’).” the High Court would have jurisdiction if the effect of the registration is felt within the territorial jurisdiction).This

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Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2022

TTAB Cancellation Actions: Terminating an Infringing Trademark Registration. One option is to institute a cancellation action with the Trademark Trial and Appeal Board (the “TTAB”) to challenge the registration of the mark. If you win, the TTAB “cancels” the registration of the trademark at issue.

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IIPRD

AUGUST 27, 2022

On July 14, 2021, the General Court of the European Union delivered leading cosmetics and skincare label Guerlain a win in the fight to register the distinctive shape of its “Rouge G de Guerlain Lipstick.” trademark law which was later borrowed and adopted in a more limited sense in the European trademark law.

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IP and Legal Filings

APRIL 14, 2023

700 crores in 2020-2021. The Plaintiff also cited several cases wherein it had initiated action against the infringement of its trademark. The Plaintiff had gained the knowledge about Defendant’s business in the year 2021. The Plaintiff claimed its sales promotion to the tune of Rs.33

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IP and Legal Filings

FEBRUARY 7, 2023

The world’s most popular multiplayer online game platform, “Roblox,” hosted a virtual “Gucci Garden” for two weeks in 2021 for the well-known luxury fashion label “Gucci.” The trademark registration safeguards the owner’s rights and establishes the business’s legal standing.

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BYU Copyright Blog

OCTOBER 25, 2021

In a Complaint filed on October 7, 2021, in the Western District of Louisiana, Louisiana Tech University Foundation, Inc., LTF provided evidence of a current version of the bulldog, in use since 2008, along with a copyright registration and a trademark registration for the Bulldog.

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The IP Law Blog

MARCH 5, 2021

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.

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