IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Corporations must establish online identities, such as logos, slogans, product names, and brands, to build consumer awareness, loyalty, and trust.

Trademark 89

Trademark Social Media Advertising Advertising 89

The TTABlog

APRIL 22, 2024

Hostess Brands, owner of the registered mark SUZY Q'S for "cake," opposed the application of Holly Sue Williams to register the mark SUZYQ for "Backpacks; Wallets” and “purses," claiming a likelihood of confusion under Section 2(d). Hostess Brands, LLC v. million for the years ended December 31, 2022, 2021 and 2020 respectively.

Branding 43

Branding Brands Branding Social Media 43

The IPKat

JULY 20, 2023

By decision dated June 15, 2023 ( original Romanian version and English machine translation ) the EUIPO rejected the application for registration of a European Union sound trade mark featuring the nursery rhyme “ Johnny Johnny Yes Papa ” on the grounds of lack of distinctiveness.

Registration 40

Registration Music Branding Brands 40

The TTABlog

SEPTEMBER 13, 2022

In re HIFI Brands, LLC , Serial Nos. 88905094 and 88905116 (September 9, 2022) [not precedential] (Opinion by Judge Melanye K. As to applicant's stylized mark, the degree of stylization "is not notable apart from the literal element "hifi," and does not serve to distinguish it from Registrant's Mark." Welch 2022.

Marketing 67

Marketing Marketing Graphic Design Branding 67

TorrentFreak

JULY 20, 2022

When a lawsuit directly attacks a site’s ability to operate using specific domains or branding, for example, the ‘hydra effect’ comes into play. The MPA’s anti-piracy team became aware of the site around May 31, 2022, and they’re convinced that PrimeWire’s operators are involved.

Advertising 129

Advertising Advertising Business Copying 129

IP and Legal Filings

OCTOBER 30, 2023

Conceived by Ruth Handler and named after her own daughter, Barbie has, from its inception, been a driving force behind Mattel’s successful branding efforts, resulting in the sale of over a billion Barbie dolls and the expansion of the franchise into various media, including video games, merchandise, and a live-action movie.

Trademark 88

Trademark Branding Brands Branding 88

43(B)log

DECEMBER 28, 2022

3d -, 2022 WL 10128276, No. 17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. Barilla America, Inc., 22-cv-03460-DMR (N.D.

Branding 59

Branding Brands Branding False Advertising 59

TorrentFreak

FEBRUARY 23, 2023

Domain Name Registrations Surge According to Russian cybersecurity firm Angara Security , registrations of domain names with a movie or TV show theme began to surge at the start of the month. The company says that between February 1 and February 10 alone, registrations were up 64% on similar registrations for the whole of January.

Cinema 129

Cinema Registration Reporting Licensing 129

43(B)log

JANUARY 18, 2022

DAMM, LLC, 2022 WL 136914, No. WRB has an incontestable registration for “Hammer-Schlagen” and a registration for the trade dress of its stump, cross-peen hammer, and nails: specifically, “a three-dimensional configuration. DAMM has a registration for “Minneschlagen.” 21-CV-1899 (NEB/TNL) (D. Very entertaining to play!”

Registration 45

Registration Ownership Social Media Marketing 45

The TTABlog

JANUARY 6, 2022

87627828 (January 3, 2022) [not precedential] (Opinion by Judge Christopher Larkin). 88933368 (January 4, 2022) [not precedential] (Opinion by Judge Jonathan Hudis). 90114652 (January 4, 2022) (Opinion by Judge Linda A. Here are the first three TTAB decisions of the new year in appeals from Section 2(d) refusals. No hints today.

Social Media 60

Social Media Advertising Advertising Music 60

43(B)log

JULY 3, 2023

Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products.

False Advertising 59

False Advertising Advertising Advertising Registration 59

Patently-O

NOVEMBER 21, 2022

With the trademark registration in-hand, the district court partially granted SoClean’s motion for preliminary injunction. However, instead of barring Sunset from selling its competing products, it prohibited Sunset marketing or advertising its filter in any bare form. is a Sunset brand filter.” is a Sunset brand filter.”

Designs 73

Designs Design Registration Trademark 73

Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. As per a report, influencer marketing investment is expected to reach $15 billion in 2022. It currently accounts for about 15% of the entire revenue spent on global advertising.

Social Media 52

Social Media Intellectual Property Registration Branding 52

43(B)log

DECEMBER 26, 2022

8:21-cv-02121-JVS (ADSx), 2022 WL 17887590 (C.D. 28, 2022) Brick and mortar infringement still exists, and this opinion considers both copyright and trademark claims. The logo is registered with the Copyright Office, and AFK applied for trademark registration as well. LCF Labs Inc., AKF sued LCF etc. 3d 1068 (9th Cir.

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

azrights

NOVEMBER 3, 2021

The difficulty with colour as a brand identifier is that there is no interim legal protection available to rely on as you build up recognition. It takes a very substantial marketing and advertising budget, over many years and even then there is no guarantee of successfully trademarking a colour. Competitors Copying Your Colour.

Trademark 52

Trademark Branding Brands Branding 52

The IPKat

DECEMBER 6, 2021

Registrations are open and available here. Participation is free of charge, but registration is required by December 7, 2021, and is available here. ATRIP 40th Annual Congress and call for paper proposals “ IPR in Times of Crisis: Lessons Learned from the COVID-19 Pandemic ” (20-23 June 2022) ATRIP is holding its 40th Annual Congress.

Intellectual Property 64

Intellectual Property Intellectual Property Law IP Copyright Law 64

The IPKat

DECEMBER 14, 2023

February: In Nigeria, the Business Facilitation (Miscellaneous Provisions) Bill, 2022 , was signed into law. Things, however, took a different turn in when Njemanze's application and registration of Domittila as a trademark were revoked by the Trademark Tribunal. Today, it’s about the trade marks. Katpost on the decision here.

IP 81

IP Service Mark Cease and Desist Registration 81

The IPKat

JANUARY 7, 2024

Background In 2022, Prada filed to register the pattern mark below as an EU trade mark (EUTM; No 18683223) for goods and services in classes 3, 9, 14, 16, 18, 20, 24, 25, 27, 28, 35 of the Nice Classification. Eventually, the Examiner’s decision was to refuse registration in great part, including having regard to class 25.

Branding 88

Branding Brands Branding Registration 88

43(B)log

FEBRUARY 18, 2022

Traditional advertising can change firsthand consumer impressions, both pre and post experience—telling consumers coffee isn’t bitter makes their impressions of bitterness change, etc. If it’s cheaper to compete on subjective brand characteristics than on other metrics of quality, then producers will do that.

Copyright 69

Copyright Business Branding Brands 69

IP Tech Blog

MARCH 18, 2022

On January 14, 2022, Hermès filed a Complaint in the Southern District of New York alleging trademark and trade dress infringement, trademark dilution, false designation of origin, cybersquatting, injury to business reputation, and misappropriation, under the federal Lanham Act and New York state law.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

The TTABlog

FEBRUARY 2, 2022

The United States District Court for the District of Oregon reversed the Board's decision dismissing an opposition to registration of the mark M ANIMAL for a wide variety of clothing, including "children’s clothing." [ TTABlogged here ]. Oregon January 25, 2022). Welch 2022. Manimal, LLC , Case No. 3:20-cv-00623-IM (D.

Registration 40

Registration Advertising Advertising Branding 40

IP and Legal Filings

APRIL 12, 2023

On December 23, 2022, the court ruled in favour of Hermes International, permanently restrained the defendant from using the mark, and ordered it to remove the infringing listings from its website. Because of the unauthorised use of such a mark, consumers are confused about the quality of the items, which affects the brand’s reputation.

Trademark 91

Trademark Branding Brands Branding 91

Intepat

MAY 16, 2023

Due to the extent of unlawful activity associated with the petitioner’s name and personality, the court granted a restraining order on 25 th November 2022 against various people and companies. The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks.

Branding 98

Branding Brands Branding Personality Rights 98

LexBlog IP

MARCH 18, 2022

On January 14, 2022, Hermès filed a Complaint in the Southern District of New York alleging trademark and trade dress infringement, trademark dilution, false designation of origin, cybersquatting, injury to business reputation, and misappropriation, under the federal Lanham Act and New York state law.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

SpicyIP

JUNE 12, 2023

Calcutta High Court clarifies that a civil court does not have jurisdiction to determine the validity of registration granted under the Plant Varieties Act. an interim relief against Dabur’s Amla oil print advertisement. The plaintiff was granted an ex-parte interim injunction but the same was later suspended on July 19, 2022.

Copyright 83

Copyright Advertising Advertising Trademark 83

43(B)log

JANUARY 5, 2024

Plaintiff has seven registered trademarks involving Florida Virtual School or FLVS; two of the registrations are incontestable. registrations with graphical elements The “Florida Online School” mark included an image of a Florida panther. Defendants market only their K12 brand nationally.

Branding 59

Branding Brands Branding Marketing 59

43(B)log

FEBRUARY 15, 2022

Woo Signatures, LLC, 2022 WL 409957, No. 7, 2022) Another keyword ad-plus case fails. The court found that WooLash and BoostLash were not confusingly similar and that the keyword advertising was not infringing. Was BoostLash descriptive despite the registration? Boost Beauty, LLC v. 2:18-cv-02960-CAS-Ex (C.D.

Registering Trademarks 72

Registering Trademarks Confidentiality Trademark Advertising 72

43(B)log

JULY 15, 2022

2022) Mostly a TM case, with some interesting stuff going on. Likewise, while a 10% drop in donations was quantifiable in money, it could also serve as evidence of irreparable harm—that “the Spence Group’s confusing statements and advertisements have undermined the distinctiveness of the College’s trademarks.” Trial Lawyers College v.

Trademark 59

Trademark False Advertising Advertising Advertising 59

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. Feb 25, 2022. March 4, 2022. Feb 22, 2022. Some examples under class 9 include: S.No. Application date. TOMMY JEANS.

Non-Fungible Tokens 108

Non-Fungible Tokens Trademark Artwork Art 108

43(B)log

APRIL 28, 2022

2022 WL 1134487, No. 14, 2022) How it started: In 1982, a group of investors launched a springtime professional football league called the United States Football League (“USFL” or “Old League”). Games are scheduled to begin on April 16, 2022. “In Plaintiff’s 1980s USFL registrations lapsed. Real USFL, LLC v.

Licensing 45

Licensing Advertising Advertising Registration 45

LexBlog IP

NOVEMBER 23, 2022

The Delhi High Court (‘ Court ’) in its judgment (dated October 28, 2022) in the case of Frankfinn Aviation Service Private Limited v. Tata SIA Airlines Limited , [CS(COMM) 54/2022 & I.A. Subsequently, the Defendant filed an application seeking vacation of the Order.

Trademark 52

Trademark Registration Advertising Advertising 52

The IPKat

NOVEMBER 27, 2023

Background On 12 April 2022 Paredes Holding Center SL (the Applicant) filed an application for the EU registration of the position trade mark no. The public has become accustomed to identifying a particular brand of running shoe or sports shirt based solely on a distinctive sign. 7 (1)(b) of the EUTMR.

Television 70

Television Branding Brands Branding 70

SpicyIP

MAY 2, 2022

In an order dated 27th April 2022, Justice Pratibha M. as keywords on the Google Ads Program for promoting its services as advertisements when search results are displayed on Google. 1 is using the plaintiff’s mark for the purpose of advertising, therefore Section 29(6)(d) and 29(7) are violated. Sangita Sharma.

Registering Trademarks 113

Registering Trademarks Trademark Advertising Advertising 113

43(B)log

MARCH 18, 2022

Broidy, 2022 WL 793029, No. 4, 2022) Mosafer, a travel business that “aligns its branding with the State of Qatar,” sued several defendants for making public statements allegedly disparaging the State of Qatar and harming the Mosafer parties’ brand, which is closely aligned with the country. Mosafer Inc.

Law 59

Law False Advertising Social Media Branding 59

The IPKat

JUNE 23, 2022

No time to rebrand as 21 week delay to injunction refused Combe International LLC v Dr August Wolff GmbH [2022] EWHC 125 (Ch) (January 2022) We covered the hoo-ha between VAGISIL and VAGISAN in the last volume. The parties were back in court in January for a form of order hearing. Hard cheese, decided the judge.

Branding 70

Branding Brands Branding Litigation 70

LexBlog IP

OCTOBER 4, 2022

On October 3, 2022, the Securities and Exchange Commission announced charges against Kim Kardashian for violation of the anti-touting provision of the Securities Act, Section 17(b), specifically for “touting on social media a crypto asset security offered and sold by EthereumMax without disclosing the payment she received for the promotion.”

Social Media 52

Social Media Intellectual Property Business Registration 52

LexBlog IP

FEBRUARY 9, 2022

2022 USPQ2D 37 (TTAB 2022). Spotify AB , 2022 USPQ2D 37 at *13–14. Spotify AB , 2022 USPQ2D 37 at *1–2. Spotify AB , 2022 USPQ2D 37 at *7. Spotify AB , 2022 USPQ2D 37 at *2–3. Spotify AB v. Software Inc., The parties. Applicant U.S. Basis of opposition.

Television 40

Television Music Advertising Advertising 40