Indiana Intellectual Property Law

DECEMBER 13, 2024

and Chhaterpal Singh (Defendants) for the unauthorized use of its trademarked business name. The lawsuit, filed under the Lanham Act and related Indiana state laws, addresses issues of trademark infringement , unfair competition , false designation of origin , and trademark dilution. Trademark Registration No.

Marketing 52

Marketing Marketing Trademark Service Mark 52

The IPKat

DECEMBER 14, 2023

Today, it’s about the trade marks. February: In Nigeria, the Business Facilitation (Miscellaneous Provisions) Bill, 2022 , was signed into law. Furthermore, Nollywood actress Ann Njemanze sued famous filmmaker Zeb Ejiro and Filmone Entertainment and Film Trybe Media for infringing on her copyright and trademark of “DOMITILLA”.

IP 84

IP Service Mark Cease and Desist Registration 84

Technology & Marketing Law Blog

MARCH 5, 2024

The plaintiff paints fish, has a trademark in his name, “DeYoung,” and has registered copyrights. The plaintiff claims that Pixels’ users upload infringing images and refer to them by the trademark DeYoung. Trademark Infringement. Trademark Counterfeiting. eBay and Multi-Time Machine v. ” UGH.

Artwork 119

Artwork Trademark Publishing Marketing 119

LexBlog IP

DECEMBER 19, 2023

‘Twas a day in December, when all through the blog, we were writing ‘bout trademarks, as if in a fog. When, what to our wondering eyes should appear, but holiday trademarks, so lovely and dear. The PTO said, as it reviewed the files, we’ve got holiday trademarks, we’ve got ‘em in piles! 5361645).

Trademark 52

Trademark Registration Registering Trademarks Service Mark 52

Chicago IP

FEBRUARY 28, 2022

The Intellectual Property Law Association of Chicago (IPLAC) Creator of the Year Committee is seeking nominations for its 2022 Creator of the Year Award. Trademark Law: A powerful branding program that combines a strong trademark or service mark and a memorable advertising and marketing campaign.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Service Mark Invention 52

LexBlog IP

JANUARY 11, 2022

There are three distinct trademark symbols you may use is the registered trademark symbol “R” (®) , the small “ TM” ( ) symbol , and the “SM” (℠) symbol. Overview: Which Trademark Symbol Should I Use? Put the ® to the upper right of your trademark. What Are Trademarks?

Trademark 52

Trademark Registering Trademarks Registration Copying 52

The TTABlog

AUGUST 26, 2022

The Board found that Applicant's specimen of use "does not reflect that consumers of Applicant's services will perceive [either mark] as trademarks indicating. television entertainment services." 87916944 and 879169481 (August 24, 2022) [not precedential] (Opinion by Judge Peter W. Welch 2022. Serial Nos.

Television 64

Television Design Designs Service Mark 64

43(B)log

JANUARY 6, 2022

4 th , 2022 WL 39839, No. 5, 2022) The court finds that, contrary to the district court’s holding, at least some of the underlying lawsuit’s allegations claimed that Vitamin Energy made disparaging statements about 5-hour Energy, thus triggering the insurer’s duty to defend under its “advertising injury” policy. Vitamin Energy, LLC v.

Advertising 72

Advertising Advertising False Advertising Intellectual Property 72

LexBlog IP

SEPTEMBER 29, 2022

(I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). The object then is to hear out all sides, and offer some thoughts on the recent clamor around acoustic marks and the questions that they present.

Trademark 52

Trademark Registration Music Intellectual Property 52

The TTABlog

NOVEMBER 27, 2023

Sections 1, 2, 3, and 45 of the Lanham Act provide the statutory basis for a refusal to register subject matter that does not function as a trademark or service mark. A threshold question in evaluating the registrability of a trademark or service mark is whether the proposed mark meets the source indication requirement.

Service Mark 60

Service Mark Registration Artwork Business 60

The IPKat

JULY 4, 2021

Thus, the changes described below are expected to enter into force in a few weeks, except (iii), which will enter into force in spring 2022. Trade marks The EUIPO Observatory launched an awareness campaign entitled “Risks and Damages Posed by IPR Infringement in Europe”. Kluwer Trademark Blog reported on the application.

Blogging 66

Blogging IP Design Designs 66

IP Intelligence

FEBRUARY 8, 2022

2, 2022, the Federal Circuit decided In re Vox Populi Registry Ltd. , an appeal from the Trademark Trial and Appeal Board’s (Board) affirmance of the refusal to register a stylized version of the term.SUCKS.

Service Mark 52

Service Mark Registration Designs Design 52

LexBlog IP

FEBRUARY 28, 2022

The Intellectual Property Law Association of Chicago (IPLAC) Creator of the Year Committee is seeking nominations for its 2022 Creator of the Year Award. Trademark Law: A powerful branding program that combines a strong trademark or service mark and a memorable advertising and marketing campaign.

Intellectual Property Law 40

Intellectual Property Law Intellectual Property Service Mark Invention 40

The TTABlog

AUGUST 29, 2022

Erik Brunetti, famous in the trademark world for knocking the scandalous and immoral provision of Section 2(a) out of the Lanham Act [ TTABlogged here ], returned to the TTAB in this battle over the proposed mark F**K for phone cases, jewelry, bags, and retail store services, in four separate applications. are not registrable."

Registration 52

Registration Service Mark Trademark Government 52

LexBlog IP

FEBRUARY 8, 2022

2, 2022, the Federal Circuit decided In re Vox Populi Registry Ltd. , an appeal from the Trademark Trial and Appeal Board’s (Board) affirmance of the refusal to register a stylized version of the term.SUCKS.

Service Mark 52

Service Mark Registration Designs Design 52

43(B)log

OCTOBER 11, 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.

False Advertising 64

False Advertising Advertising Advertising Copying 64

The TTABlog

MARCH 27, 2024

The Board affirmed a refusal to register the proposed mark WE’RE HERE TO HELP WITH YOUR LEGAL NEEDS! finding that the phrase fails to function as a service mark for "legal services." 4th 1348, 2022 USPQ2d 115, at *3 (Fed. And so, the Board affirmed the refusal under Sections 1, 2, 3 and 45 of the Trademark Act.

Service Mark 56

Service Mark Registration Trademark Designs 56

The TTABlog

DECEMBER 31, 2021

33: "LOCH MOOSE MONSTER" Fends Off Monster Energy's Lack-of-Bona-Fide-Intent Summary Judgment Motion Nonuse/Specimen of Use: USPTO Issues Examination Guide 1-21: Expungement and Reexamination Proceedings Under the Trademark Modernization Act of 2020 Precedential No. Lack of Bona Fide Intent: Precedential No.

Registration 69

Registration Cinema Trademark Reporting 69

The TTABlog

NOVEMBER 14, 2022

In re Pound Law, LLC , 2022 USPQ2d 1062 (TTAB 2022) [precedential] (Opinion by Judge Cynthia C. The Board observed that, as made clear by the Trademark Act, the USPTO "is statutorily constrained to register matter on the Principal Register if and only if it functions as a mark." In re Brunetti , 2022 USPQ3d 764, at *9.

Law 40

Law Service Mark Registration Trademark 40

The TTABlog

JULY 8, 2024

The Board found that Registrant Locus Link USA never used the mark in connection with "evaporative air coolers," and rejected Locus Link's interpretation of the identification of goods. 2022-100137E and 2022-100138E (July 1, 2024) [precedential] (Opinion by Judge Jennifer L. In re Locus Link USA , Expungements Nos.

Registration 56

Registration Service Mark Designs Design 56

The TTABlog

JULY 15, 2022

Concluding that the phrase THIS IS FOR MY GIRLS appears on the specimens of record solely as a song title, the Board affirmed a refusal to register the proposed mark for "entertainment information; musical composition for others; production of musical sound recording." 87399929 (July 13, 2022) [not precedential] (Opinion by Judge Marc A.

Music 52

Music Licensing Brands Branding 52

The TTABlog

DECEMBER 13, 2024

Failure-to-function is the original sin of trademark law. If consumers don't or won't perceive a term as indicating source, then the term is not a trademark (or service mark). In re Brunetti , 2022 USPQ2d 764.

Service Mark 45

Service Mark Trademark Law Trademark Blogging 45

The TTABlog

SEPTEMBER 23, 2022

Its evidence regarding its first rendering of services under the mark was "characterized by contradictions, inconsistencies, and indefiniteness." Its claim of use analogous to trademark use failed because its prior publicity "was not sufficiently clear, widespread and repetitive." TMEP Section 903.06 (2022). Welch 2022.

Service Mark 40

Service Mark Registration Advertising Advertising 40

IIPRD

JUNE 13, 2024

trademarks, service marks, commercial names, and designations; industrial designs; and any other rights stemming from intellectual endeavors in industrial, scientific, literary, or artistic spheres. Trademark law One of the areas where both trademarks and AI intersect with each other is in creation of new brands and trademarks.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

The TTABlog

NOVEMBER 10, 2022

91256127 (October 25, 2022) [not precedential] (Opinion by Judge Michael B. The Board found that "the evidence all points in one direction: Cowboy Jack bequeathed his music businesses, including Opposer (which owns the involved mark) to Alison and Niles. Welch 2022. Robert Clement , Opposition No. Text Copyright John L.

Ownership 40

Ownership Music Service Mark Business 40

Patently-O

NOVEMBER 17, 2023

Court of Appeals for the Federal Circuit recently affirmed two Trademark Trial and Appeal Board (TTAB) decisions. In In re GO & Associates, LLC , 2022-1961 (Fed. 13, 2023) , the Federal Circuit affirmed the TTAB’s refusal to register the mark EVERYBODY VS RACISM because it failed to function as a trademark.

Trademark 64

Trademark Registration Trademark Law Service Mark 64

The TTABlog

NOVEMBER 16, 2023

2022-1961 (Fed. The CAFC observed that "[i]f the nature of a proposed mark would not be perceived by consumers as identifying the source of a good or service, it is not registrable," citing TMEP § 1202.04(b) 2022), cert. In re GO & Associates, LLC , Appeal No. 14, 2023) [not precedential]. 4th 1328, 1331 (Fed.

Registration 56

Registration Service Mark Trademark Trademark Law 56

The TTABlog

JANUARY 23, 2024

2022-1961 (Fed. The CAFC observed that "[i]f the nature of a proposed mark would not be perceived by consumers as identifying the source of a good or service, it is not registrable," citing TMEP § 1202.04(b) 2022), cert. At the request of the USPTO under Fed. 14, 2023, re-designated as precedential, January 22, 2024).

Design 49

Design Designs Registration Service Mark 49

The TTABlog

APRIL 22, 2022

The Board ruled that the proposed mark "would be perceived by consumers as a widely used social and political message and therefore merely informational in nature, as opposed to a source indicator of Applicant's goods and services." 88944728 (April 20, 2022) [not precedential] (Opinion by Judge Cheryl S. Welch 2022.

Social Media 40

Social Media Service Mark Trademark Registration 40