LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. I made a logo for Bob’s Burgers for selling burgers on Tailor Brands’ logo maker website. Can you use it in the ways you want to?

Designs 52

Designs Design Trademark Copyright 52

LexBlog IP

SEPTEMBER 22, 2022

In today’s age, the importance of brands (and in turn trademarks) cannot be undermined. It is through brands that businesses (be it domestic or international) are able to thrive and flourish in various highly competitive sectors. At a fundamental level, it is an accepted fact that a trademark serves as a source identifier viz.

Registration 52

Registration Trademark Branding Brands 52

The TTABlog

DECEMBER 5, 2022

The Board sustained an opposition to registration of the mark DANA DESIGN in the form shown below, for backpacks, hiking equipment, tents, and related goods, on the ground that the mark comprises the name of a living individual, Dana Gleason, without his consent and is therefore barred from registration by Section 2(c) of the Trademark Act.

Designs 46

Designs Design Registration Trademark 46

IP and Legal Filings

OCTOBER 30, 2023

Barbie, a name synonymous with an unattainable standard of femininity and the concept of commercial feminism, was designed to captivate the toy market with all its glittery pink magnificence. A straightforward pink sans-serif typeface was used for the 1959 original trademark registration.

Trademark 88

Trademark Branding Brands Branding 88

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In re HIFI Brands, LLC , Serial Nos. 88905094 and 88905116 (September 9, 2022) [not precedential] (Opinion by Judge Melanye K. As to applicant's stylized mark, the degree of stylization "is not notable apart from the literal element "hifi," and does not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

IPilogue

DECEMBER 1, 2021

Bonnie Hassanzadeh is a 3L JD Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. Apple, formerly known as “Apple Computer”, changed its original logo depicting Isaac Newton sitting under an apple tree to a more minimalistic design.

Business 111

Business Trademark Social Media Registration 111

The IPKat

JUNE 26, 2022

The event is designed to encourage interactive discussions among participants through panel debates, with each of them covering 4 or 5 key topics related to each specific sector. Registration is open and more details can be found here. The website of the event contains information about the programme and registration.

Intellectual Property 116

Intellectual Property IP Registration Copyright 116

The IPKat

JANUARY 27, 2022

Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products.

Trademark 138

Trademark Registration Marketing Marketing 138

LexBlog IP

JANUARY 27, 2022

Trademark Scam Alert: Fraudulent Low-cost trademark design & filing sites. According to an alert by the USPTO, o n January 25, 2022 the orders were issued against three entities Abtach Ltd., According to an alert by the USPTO, o n January 25, 2022 the orders were issued against three entities Abtach Ltd., Design Iconix.

Designs 52

Designs Design Trademark Branding 52

The IPKat

MARCH 20, 2022

EVENTS ECTA ®etreat | 7 April 2022 | Milan, IT The ECTA ®etreat entitled " The never-ending challenge of shape protection: design, trade mark and copyright " will be held in Milan on April 7, 2022! The full programme, list of panellists and registration can be found here. Registration and tickets are available here.

Intellectual Property 74

Intellectual Property Registration Confidentiality Branding 74

Intellectual Property Office Blog

NOVEMBER 28, 2022

Copyright © Hornit, 2022. Or complex mounted structures designed to be used within garages. He described how this has allowed him to work with brand protection consultancy, SnapDragon to carry out searches of digital markets for counterfeit versions of the CLUG. So, you have a brand and a product, what next?

IP 103

IP Business Branding Brands 103

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

NOVEMBER 21, 2022

Although Applicant Jose Ramon was experienced in the branding and marketing of beers, he was never in the business of producing the goods identified in his application, and the only step he took to use the mark was the formation of a company to market beers. Welch 2022. D & P Holding S.A. Text Copyright John L.

Contracts 52

Contracts Designs Design Registration 52

The TTABlog

MAY 26, 2022

The USPTO refused registration of the mark AJ LAMPS for "Lighting apparatus, namely, table lamps" [LAMPS disclaimed], on the ground of likelihood of confusion with the registered mark AJ for "Lighting fixtures; HID lighting fixtures." 88933093 (May 18, 2022) [not precedential] (Opinion by Judge Angela Lykos).

Branding 52

Branding Brands Branding Registration 52

The TTABlog

NOVEMBER 28, 2022

In re International Fruit Genetics, LLC , 2022 USPQ2d 1119 (TTAB 2022) [precedential] (Opinion by Judge Angela Lykos). This notion reflects the Board’s earlier decisions that if the term is used as a designation of source (i.e., a trademark) and there is a different varietal designation, the term may be registrable."

Trademark 52

Trademark Registration Designs Design 52

The IPKat

OCTOBER 19, 2022

Rose also reported on Jones v Irmac Roads ( [2022] EWHC 495 (IPEC) ), a decision delivered by the High Court of Justice of England and Wales. As a reminder to brand owners looking to enter the China market, SpecialKat Tian Lu considered in her post how powerful the Chinese language integrity point can be.

Designs 65

Designs Design Reporting Registration 65

The IPKat

AUGUST 4, 2023

The IPKat has received and is pleased to host the following contribution by former GuestKat Jan Jacobi (BarentsKrans) regarding a recent Dutch decision on free riding and declining reputation of a brand. Quite often, the IP of a bankrupt company is sold to a third party who continues operating all or some of the brands.

Branding 52

Branding Brands Branding Marketing 52

IPilogue

DECEMBER 6, 2021

Eloise Somera is a 3L JD Candidate at Osgoode Hall Law School , enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. However, HBC’s registration over its design mark was expunged by the Canadian Intellectual Property Office on September 24, 2020 for failure to renew.

Trademark 111

Trademark Intellectual Property Intellectual Property Law Registration 111

The TTABlog

AUGUST 23, 2022

91228548 (August 18, 2022) [not precedential] (Opinion by Judge Karen Kuhlke). Opposition to registration of ECO-BRICKS for "toy building blocks" on the ground of Section 2(e)(1) mere descriptiveness and lack of acquired distinctiveness.] Frame La Brands, LLC v. Welch 2022. Lego Juris A/S v. Once Kids LLC , Opposition No.

Registration 52

Registration Branding Brands Branding 52

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. Could “ITALY’S #1 BRAND OF PASTA” mislead reasonable consumers?

Branding 59

Branding Brands Branding False Advertising 59

43(B)log

FEBRUARY 19, 2022

But trademark law elsewhere extends far past product/service names to things like a building’s layout, slogans, uniforms, and other aspects of the “product” itself; indeed, the PTO has granted registration for NKJV for Bibles, referring to the New King James Version. Will people assume co-branding? Confusion as to source?

Trademark Law 72

Trademark Law Trademark Art Branding 72

The TTABlog

MAY 29, 2024

The same applicant met the same fate in this attempt to register that same phrase for "Online retail store services featuring clothing, jewelry, bags, gifts, home goods, hats, blankets, mugs, belts, branded gift bags, floor mats, keychains, novelty toys for playing jokes, and pillows." Brunetti , 2022 WL 3644733, at *19."

Service Mark 113

Service Mark Branding Brands Branding 113

IPilogue

NOVEMBER 22, 2022

You may recall Usain Bolt’s subtle but impactful tweet on August 23, 2022, adding a trademark emoji to his iconic quote, “To the World”. For some time now, celebrities’ brand images have increasingly used their iconic poses or features to market their brand to promote endorsed goods and services.

Trademark 59

Trademark Social Media Branding Brands 59

The TTABlog

JANUARY 6, 2022

87627828 (January 3, 2022) [not precedential] (Opinion by Judge Christopher Larkin). Applicant maintained that its mark "is dominated by the design elements of the stately manor house, not by the improperly dissected, somewhat similar text elements of the mark and the cited mark[]."] How do you think they turned out?

Social Media 60

Social Media Advertising Advertising Music 60

The IPKat

JANUARY 16, 2022

This is the second EU SME fund to support SMEs in their COVID -19 economic recovery and green and digital transformation over the next three years (2022-2024). In addition, 75% of the fees charged by IP offices (including national IP offices, EUIPO and the Benelux IP Office) for the registration of trade marks and designs will be reimbursed.

Intellectual Property 79

Intellectual Property Registration IP Copyright 79

LexBlog IP

DECEMBER 14, 2022

Unlike a standard trade mark application (which is generally prepared and lodged by the owner of a specific brand), certification trade mark applications are often made by a representative of the industry group that is responsible for the regulation of the characteristics of the relevant goods and/or services.

Registration 52

Registration Branding Brands Branding 52

LexBlog IP

SEPTEMBER 1, 2023

In January 2022, Whirlpool sued Shenzhen alleging trademark infringement and dilution, trade dress infringement, and unfair competition under both federal and state law for Shenzhen’s sale of its stand mixers sold online under the names COOKLEE and PHISNIC. Trademark Registration Nos. In June 2022, the U.S.

Trademark 52

Trademark Designs Design Registration 52

The IPKat

MAY 15, 2024

Background of the case On 5 July 2021, the Chilean company The Not Company SpA (the Applicant) filed the application for trade mark registration no. Descriptive terms may be eligible for trademark protection if they acquire a secondary meaning, indicating a strong association with a specific brand over time. The Applicant appealed.

Registration 57

Registration Intellectual Property Trademark Branding 57

SpicyIP

NOVEMBER 17, 2023

We are pleased to announce that registration for the free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship is currently open. As per a NASSCOM report, India added a whopping over 1,300 active tech start-ups in the year 2022, taking the total tally of such start-ups to approx.

Intellectual Property 99

Intellectual Property Technology IP Law 99

IPilogue

MARCH 28, 2023

On November 14 2022, the United States Court of Appeals for the Ninth Circuit ruled in San Antonio Winery Inc v Jiaxing Micarose Trade Co Ltd (“ Jiaxing ”) that foreign parties to a trademark infringement complaint can be served by trademark owners within the U.S. they can designate a person in the U.S. because of s.1051(e)

Trademark 105

Trademark Government Ownership Designs 105

IPilogue

JANUARY 17, 2023

As a student of Osgoode’s Intellectual Property Law and Technology Intensive for the Fall 2022 semester, I had the opportunity to complete an internship placement at Ontario’s public educational broadcaster, TVO. The actual process of publishing official marks is very different to obtaining registration of a trademark.

Intellectual Property 106

Intellectual Property Editing Social Media Intellectual Property Law 106

The IPKat

NOVEMBER 7, 2021

Registration can be made here. The workshops are aimed at junior IP practitioners and participants will be presented with a hypothetical case study involving two brands and invited to discuss how to negotiate a coexistence agreement to benefit both of them. Registrations are open and further information can be found here.

Intellectual Property 77

Intellectual Property IP Registration Intellectual Property Law 77

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

IP and Legal Filings

MARCH 8, 2023

” The Appellant learned that the Respondents were operating two hotels in Bangalore and Puttaparthi, noting that they had imitated their design, signage, and use of the phrase “RENAISSANCE.” It might be challenging for a brand owner to provide evidence of market confusion. A lawsuit trial takes a lot of time as well.

Registration 88

Registration Branding Brands Branding 88

IPilogue

SEPTEMBER 22, 2021

MJT) applied to the United States Patent and Trademark Office (USPTO) seeking registration for use of the word “THE” on clothing, handbags, and related goods. As a result, OSU was informed in September 2019 that MJT’s application may bar theirs from registration. In May 2019, Marc Jacobs Trademarks L.L.C.

Trademark 105

Trademark Branding Brands Branding 105

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

Erik K Pelton

MARCH 11, 2022

Generally, there are two different types of scams that are sent to trademark owners: (1) solicitations to have a trademark listed in a “directory” or publication and to have it “monitored” for a fee, and (2) fraudulent warnings about key trademark maintenance deadlines, including registration renewals. [1]

Government 147

Government Business Trademark Blogging 147