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As it turns out, scammers have started to abuse the European Commission’s official website to advertise dubious ‘pirate’ sites. These advertisements come in the form of PDFs which are uploaded through public EU portals. How many people fall for these dubious advertisements is unknown.
Here are the biggest trademark stories of 2022 that we have been following at EMP&A. And the number of active trademark registrations in the USPTO database is larger than ever. All Mariah Carey wanted for Christmas was a trademark registration. The application was initially approved and published for opposition in June 2022.
Here's what Anna Maria and Lorenzo write: Parasitic advertising on UEFA Euro 2020: Italian Competition Authority imposes first sanction for ambush marketing by Anna Maria Stein and Lorenzo Maniaci Ambush Kat By its decision No. 16 of 11 March 2020 ('Law-Decree No. 16/2020'), converted with amendments, by Law No. 31 of 8 May 2020 ('Law No.
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 ).
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) .
3d -, 2022 WL 10551564, No. 18, 2022) Wolf designs and installs “vehicle wraps,” large vinyl graphics or decals applied to car bodies. But at least one copyright was allegedly timely registered as part of a group (the “at least one” signals why group registrations can be troubling—the court doesn’t yet know what was in the group).
Earlier this month, the Fifth Board of Appeal (BoA) of the EUIPO refused the registration of CHOPIN for several goods in Classes 29, 30, and 32 of the Nice Classification due to the risk of free-riding on the reputation of the earlier trade mark CHOPIN under Article 8(5) EU Trade Mark Regulation (EUTMR).
He sent two letters by mail in March 2022, but was told he needed to use the Brand Registry … which he had already done. Amazon’s Brand Registry advertises “Automated Protections” that are “[p]owered by Amazon’s Machine Learning.” Since the designs were not plainly dissimilar, infringement was plausible. Motion to dismiss granted.
Yesterday, it was all about key developments in the copyright field in the Africa IP Highlights 2022 – the result of collaboration between myself and Doreen Adoma Agyei and Clarisse Mideva. Today, it’s all about trade marks.
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.
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.
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.
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.
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).
1:21-cv-10688-IT, 2022 WL 4626918 (D. 30, 2022) Plaintiff, d/b/a Logan Car Service, has offered limousine and transportation services primarily in the Greater Boston area since the 2000s and uses logancarservice.com to do so. Boston Carriage, Inc. Boston Suburban Coach, Inc., Boston Suburban is a competitor.
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).
In Renaissance Hotel Holdings v B Vijaya Sai (2022) [discussed here ], the Supreme Court found the words Renaissance and Sai Renaissance visually, as well as phonetically similar. While its first registration for the brand name in India (1979) was under Class 16 [Paper & Paper Products] , the trademark was registered w.r.t.
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.
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?
Bee) has scheduled five (5) oral hearings for the month of July 2022. July 7, 2022 - 1 PM: In re Di-Namic Records , Serial No. July 7, 2022 - 1 PM: In re Di-Namic Records , Serial No. July 12, 2022 - 1 PM: In re Responsiveads, Inc. July 13, 2022 - 10 AM: New Enchantment, LLC v. July 14, 2022 - 11 AM: In re C.E.
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.
All members of the MPA, the studios won a default judgment and injunction in April 2022. Arm’s Length Advertising. Oksara LP’s registration documents, available on the UK’s Companies House portal, list B2B Consultants Ltd and BTD Enterprises Ltd as Oksara LP partners.
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.
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.
In October 2022, the White House published a document titled, “ Blueprint for an AI Bill of Rights, Making Automated Systems Work for the American People.” Copyrights On March 16, 2023 the Copyright Office issued Guidance on the examination and registration of works that contain material generated by AI technology.
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.
Lawmakers in New York City and New York State banned the sale of unfinished frames and receivers in 2020 and 2022, respectively. The advertising bit: Defendants allegedly misled New York customers into “believing that unfinished frames and receivers are legal workarounds to New York’s gun control laws, as well as federal law.”
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.
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.
The case concerned the registration of 'Prosecco' as a GI in Singapore. This Kat was interested to see a court finally address this argument Singapore has offered protection for GIs since 1999, but it only adopted a registration-based system in the last decade with the Geographical Indications Act 2014 ('GIA').
Events IP Lawyers Tool - 1st World Robot Patent Drafting Symposium - 23 and 24 September 2022 - Cannes, France IP Lawyers Tool will hold the 1st World Robot Patent Drafting Symposium on 23 and 24 September 2022 from 1:00pm to 8:00pm (CEST). Registration is available through the event's website.
Early January 2022, after the studios had demanded millions in damages and a preliminary injunction, the court responded by granting the latter. to any other registrant or registrar. Indeed, the studios claim that PrimeWire is effectively an attractive one-stop shop, one that provides all of their exclusive content under one roof.
Those claims — seeking to hold Letgo responsible for failing to adequately verify the content that was in Brown’s advertisement –are expressly precluded under the Doe v. 2022 WL 17416664 (D. MySpace analysis. The Section 230 analysis then goes sideways. Meanwhile, Brown was convicted of murder. Letgo, Inc.
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.,
On May 18, 2022, the Federal Court of Canada released its decision for Beijing Judian Restaurant Co. On June 3, 2019, Judian became aware of an advertisement for sale of the trademark on an online marketplace, VanSky. Anita Gogia is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. v Wei Meng. The Decision.
The gaming and metaverse platform Roblox helped Gucci develop a variety of immersive themed locations that were inspired by the brand’s various advertising campaigns. The trademark registration safeguards the owner’s rights and establishes the business’s legal standing. iv] Brooks Kushman, Nike v.
The blocking reportedly took place between August 2022 and August 2023, but there’s not much for the MPA to celebrate, at least not in the short term. Pirate Sites Funded By Illegal Advertising Media reports from 2018 indicate that Xoi Lac TV and many other sites were blocked on copyright grounds. billion views in 2022/23.
Respondent claimed, however, that petitioner's prior use resulted in "minimal market penetration," asserted that the challenged registration should survive with a carve-out granting rights to Petitioner that are geographically limited to Jellico, Tennessee, and argued laches as an affirmative defense.
The sequence in which it appears during the registration process renders it less likely to draw the user’s attention. The court does not like the “done” approach: to a reasonably prudent user, clicking “DONE” would not indicate assent to a contract or, in fact, anything beyond having completed the registration process.
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.
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.
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.
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.
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.
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