43(B)log

APRIL 26, 2023

Creager sells Montana post drivers (made in China) that compete with the Texas post drivers sold by IDT (advertised as made in the USA). IDT created an ad for its products using two images of Montana post drivers for which Creager later obtained a copyright registration. There’s more, including public disputes on Craigslist.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

The IPKat

SEPTEMBER 12, 2022

From time to time, this Kat receives queries from clients in relation to the registrability of slogans as trade marks. The Board of Appeal of the European Union Intellectual Property Office ( EUIPO ) in its recent decision refused a trade mark application for the slogan “TAKE FIVE” in Class 32 ( Case R 664/2022-1 ).

Registration 111

Registration Advertising Advertising Reporting 111

SpicyIP

NOVEMBER 7, 2022

on 2 November, 2022 (Delhi High Court) . However, the patent on Apaxiban expired in September 2022 and via the present order, the court ruled that “ there can be no injunction on the manufactured stock lying with the Defendants, from being sold as on date. ”. vs Dr. Tajinder Bhatti on 2 November, 2022 (Delhi High Court) .

Patent Prosecution 103

Patent Prosecution Invention IP Journalism 103

LexBlog IP

OCTOBER 4, 2022

JNF applied for the mark THE HAPPIEST HOUR and Harwood owns a registration for HAPPIEST HOUR. JNF sought cancellation of the Harwood registration based on alleged prior use and a likelihood of confusion. 2022 TTAB LEXIS 328 (TTAB Sept. Both marks are for use in connection with bar and restaurant services.

Registration 52

Registration Trademark Advertising Advertising 52

The TTABlog

DECEMBER 8, 2022

In an exhaustive 107-page opinion, the Board granted petitions for cancellation of two registrations on the Supplemental Register for the color pink applied to the entire surface of hip joint implants, on the ground of Section 2(e)(5) functionality. 92058781 and 92058796 (December 6, 2022) [not precedential] (Opinion by Judge Jonathan Hudis).

Registration 72

Registration Advertising Advertising Blogging 72

Intepat

DECEMBER 6, 2022

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. Mentioned below are some crucial judgements passed in the year 2022 on matters dealing with trademark infringement. Vijaya Sai And Others (19 th January 2022). Frost Falcon Distilleries Limited (2 nd March 2022).

Trademark 98

Trademark Trademark Law Registering Trademarks Law 98

SpicyIP

JANUARY 23, 2022

We’re pleased to inform our readers that our former blogger, Rajiv Choudhry is offering an online course for preparation for the upcoming Patent Agent exam on 5th February, 2022. This time the examination was supposed to be held in 2020 but has now been fixed for May 2022. may be addressed to eoffice@techlaw.in.

Patent Drafting 98

Patent Drafting Patent Advertising Advertising 98

The IPKat

JANUARY 19, 2023

The above perception by the consumer would be all the more proven given that the use of the image of famous movie character for exclusively advertising purposes is relatively common in many sectors.

Advertising 141

Advertising Advertising Registration Business 141

The TTABlog

AUGUST 18, 2022

The Board granted a petition for cancellation of a registration for the mark shown below for mortgage financing services, finding that Petitioner CBC Mortgage was the first and only user of the mark for those services. 92076723 (August 15, 2022) [precedential] (Opinion by Judge Michael B. Welch 2022. CBC Mortgage Agency v.

Ownership 43

Ownership Registration Service Mark Contracts 43

The IPKat

NOVEMBER 11, 2022

Bobo Vieri during his Juventus tenure Can the unauthorized production (minting), advertising, and offer for sale of a non-fungible token (NFT) infringe one’s own trade mark rights? decision on 20 July 2022, case No 32072/2022 ). Let’s see more in detail how the Italian court reasoned.

Non-Fungible Tokens 145

Non-Fungible Tokens Advertising Advertising Registration 145

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

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.

Registration 45

Registration Ownership Social Media Marketing 45

IPilogue

NOVEMBER 17, 2022

The May 2022 Federal Court of Canada decision, Beijing Judian Restaurant Co. 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. Meng’s advertisement revealed Meng’s knowledge of Beijing Judian’s reputation.

Trademark 111

Trademark Registration Advertising Advertising 111

TorrentFreak

JULY 20, 2022

In April 2022, several Hollywood studios and Netflix won an injunction to shut down PrimeWire, a long-standing illegal streaming site that had evaded ISP blocking injunctions all over the world. Like PrimeWire’s domains, HydraWire’s has hidden registration details and sits behind Cloudflare. Too Many Coincidences.

Advertising 129

Advertising Advertising Business Copying 129

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

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

Above the Fold

JULY 31, 2022

Commencing August 1, 2022, the U.S. On August 6, 2022, as part of an effort to reduce scams and fraudulent activities related to the trademark register, the USPTO will begin requiring all USPTO.gov account holders to verify their identities as a condition for filing electronic trademark forms.

Trademark 40

Trademark Blogging Patent Registration 40

43(B)log

FEBRUARY 16, 2023

2:21-cv-07929-MEMF(PVCx), 2022 WL 18674459 (C.D. 22, 2022) This is a super messy case with a lot going on; I’m going to blog about it mainly to highlight a new thing you can apparently do with a trademark application , which is use it on non-Amazon platforms to gain advantages. Hollywood Unlocked, Inc.,

False Advertising 87

False Advertising Trademark Registration Advertising 87

The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Applicant GB's design patent served as some evidence of non-functionality, but was outweighed by GB's own advertising touting the design's utilitarian benefits.

Design Patent 89

Design Patent Advertising Advertising Designs 89

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. The Central Government-instituted grievance appellate committee is the final venue for users to appeal. Non-Compliance.

Due Diligence 85

Due Diligence Registration Government Technology 85

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

LexBlog IP

JANUARY 18, 2022

But if your clients are launching NFTs for sale in 2022, making clear to consumers what they are buying is key. Avoid advertising the NFT purchase as an investment opportunity. Amy’s teens were in and see them as a longer-term investment opportunity vested with immediate bragging and display rights.

Non-Fungible Tokens 52

Non-Fungible Tokens Advertising Advertising Branding 52

The TTABlog

AUGUST 3, 2022

92074028 (August 2, 2022) [not precedential] (Opinion by Judge Albert Zervas). Although Petitioner owned three registrations for its marks, it had disclaimed the words NATURAL DOG COMPANY in one registrations, claimed acquired distinctiveness in another (with a disclaimer of DOG COMPANY), and accepted a Supplemental Registration in the third.

Law 52

Law Registration Designs Design 52

The IPKat

JANUARY 30, 2022

This discussion is part of the EU Industry Days 2022 , an annual event that highlights industrial frontrunners and ongoing industrial policy discussions whilst improving the knowledge base of European industry. The registration for the event can be made here. The event is open for registrations, which can be made here.

Privacy 67

Privacy Intellectual Property Registration Litigation 67

Technology & Marketing Law Blog

DECEMBER 27, 2023

Moreover, contrary to The Satanic Temple’s novel argument, domain registration is not the same as registration for a social media website.” Code § 3344, which is predicated upon “knowing[ ] use[ ] … for purposes of advertising.” ” * Hoffmann Brothers Heating and Air Conditioning, LLC v.

IP 74

IP Advertising Advertising Copyright 74

Patently-O

OCTOBER 3, 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. The TTAB gave little weight to the fact that the agency has issued registration certificates on many different shoe designs. TBL Complaint. There is no right to a jury trial in this type of case.

Trademark 131

Trademark Registration Advertising Advertising 131

The IPKat

MARCH 28, 2022

30 March 2022 (online) The Institute for Intellectual Property and Market Law (IFIM) at Stockholm University will host a new online webinar on 30 March 2022 (between 4:00pm and 6:00pm, CET) to analyse and evaluate the potential impact of some of the most relevant provisions of the upcoming EU DSA.

Intellectual Property 64

Intellectual Property Registration IP Intellectual Property Law 64

IP and Legal Filings

MARCH 5, 2024

Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising. The registration and management of trademarks was another essential component. If employing trademarked phrases in keyword advertising confuses customers, there may be legal implications.

Trademark 89

Trademark Social Media Advertising Advertising 89

Selvam & Selvam Blog

MARCH 30, 2022

Vide the various orders, the Apex Court had suspended deadlines from March 15, 2020 until February 28, 2022 and consequently, all deadlines falling during this period extends to May 30, 2022. Where the registration certificates are due to be issued, it shall be held off until May 30, 2022. 2036 dated January 24, 2022.

Journalism 52

Journalism Registration Intellectual Property Trademark 52

The TTABlog

APRIL 22, 2024

As to the strength of opposer's registered mark, two third-party registrations for non-food items were insufficient to dent the commercial strength of SUZY Q'S, and there was no evidence of use in the marketplace of SUZY or SUZY Q’S with cake. million for the years ended December 31, 2022, 2021 and 2020 respectively. million, $9.5

Branding 43

Branding Brands Branding Social Media 43

43(B)log

OCTOBER 11, 2023

22, 2023) Plaintiffs own Roberto Clemente’s IP rights and a registration for ROBERTO CLEMENTE for “figurines, statues and statuettes made of non-precious metal; beer cans made of non-precious metal sold empty.” (The The district court doesn’t appear to care about what the registration is for; I had to look it up.)

Licensing 49

Licensing False Advertising Advertising Advertising 49

The TTABlog

JANUARY 21, 2022

91255611 (January 20, 2022) [not precedential] (Opinion by Judge Melanye K. The Board pointed out that Marquardo is seeking a nationwide registration, and so the likelihood of confusion analysis must proceed as if the marks were in use throughout the country. Moreover, Dana-Farber's registrations are entitled to national protection.

Registration 81

Registration Advertising Advertising Copyright 81

The TTABlog

SEPTEMBER 13, 2022

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. How do you think this appeal came out? Johnson).

Marketing 67

Marketing Marketing Graphic Design Branding 67

The IPKat

DECEMBER 14, 2023

Interested readers can find the Africa IP Highlights 2022, here. The Regulations were made pursuant to section 45 of the Copyright and Neighbouring Rights Act and came into force on 18th March 2022. March: Nigeria’s Copyright Bill, 2022 was signed into law. Katpost on that here. Katpost on some of the Bill’s highlight here.

Copyright 91

Copyright IP Social Media Copyright Infringement 91

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

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

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