The TTABlog

DECEMBER 14, 2023

79303731 (December 12, 2023) [not precedential] (Opinion by Judge Cheryl S. It spent $500,000 advertising the GIGANTOSAURUS brand and enjoyed unsolicited press coverage for the GIGANTOSAURUS television show prior to its premiere date. Welch 2023. In re Cyber Group Studios , Serial No. TTABlogger comment: Is this a WHYB?

Television 60

Television Registration Branding Brands 60

Technology & Marketing Law Blog

JUNE 20, 2024

The photo depicts two children (“Brave” is the one on the right) at the 1 Hotel in West Hollywood wearing the hotel’s branded robes. It then went further and used the photo to promote the robe: In 2023, Sunny Khachatryan obtained a copyright registration for “Brave’s” photo. Implications.

Social Media 100

Social Media Copyright Licensing Advertising 100

BYU Copyright Blog

JUNE 3, 2024

Boyages states that she was an employee of the Athletic Department at the University of Vermont when she was invited to be part of a new brand working group in January 2023. Boyages presenting the art design to the working group, the University started using the logo in its products and advertised it as one of its brands.

Copyright 52

Copyright Art Social Media Designs 52

LexBlog IP

AUGUST 23, 2023

In the cases at issue, the Seminole Tribe of Florida (“Seminole Tribe”) sought trademark registration for a guitar-shaped building for hotel and casino services. Thus, brand owners can, and do, register their trade dress at the PTO. Lessons for Brand Owners 1. See Figure 1. The TTAB was unmoved.

Designs 52

Designs Design Advertising Advertising 52

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

TorrentFreak

FEBRUARY 16, 2024

Allegations of copyright infringement also featured in a complaint filed at an Arizona court in 2023, which hoped to quickly shut down a popular pirate site. The company’s complaint filed last year targeted the unknown domain registrant of kokoatv.net, kokoa.tv, and vidground.com. filed its complaint. Judge Michael T.

Copyright 113

Copyright Trademark Copyright Infringement Registration 113

Erik K Pelton

DECEMBER 20, 2022

And the number of active trademark registrations in the USPTO database is larger than ever. Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

The IPKat

MAY 26, 2024

The course is delivered both offline and online, and the registration is available here. On 23 November 2023 The Smiley Company (the Applicant) filed the trade mark application no. The EUIPO confirmed the following conclusions raised by the Office on 19 December 2023. Interested candidates are welcome to apply here.

Advertising 60

Advertising Advertising Technology Editing 60

TorrentFreak

FEBRUARY 23, 2023

From February 28, 2023, availability of Western content on Russia’s legal streaming portals is set to nosedive. 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.

Cinema 132

Cinema Registration Reporting Licensing 132

43(B)log

JULY 3, 2023

16-6576 (KM) (MAH), 2023 WL 4200169, -- F. 27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. The order was temporarily stayed pending full authentication of the Colombian registrations.

False Advertising 57

False Advertising Advertising Advertising Registration 57

SpicyIP

JUNE 12, 2023

on 05 June, 2023 (Bombay High Court) In a dispute pertaining to interpretation of the terms of the Long Form Agreement (LFA) between the parties, the Bombay High Court has clarified that termination of the agreement will not result in automatic re-assignment of copyright to the original assignor. Case: Super Cassettes Industries Pvt.

Copyright 98

Copyright Advertising Advertising Trademark 98

The TTABlog

APRIL 11, 2023

and which owns Registration No. which calls the CAT mark the 'cornerstone of the company’s brand portfolio.' 92067079 (April 6, 2023) [not precedential] (Opinion by Judge Christopher Larkin). Welch 2023. "This case is a cat fight. In one corner is Puma SE, which claims that it 'has been a cat since birth'. Am I right?

Registration 66

Registration Advertising Advertising Blogging 66

The IPKat

JANUARY 7, 2024

According to the EUIPO Second Board of Appeal (BoA) in its decision on 19 December last ( R 827/2023-2 ) the answer is mostly not, at least if the argument is that such a pattern would be inherently distinctive. 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

The IPKat

APRIL 13, 2023

filed an application for registration of a multimedia trade mark consisting of a 22-second video featuring super-hero “Super Simon” going on holiday in comic book style. On 7 th March 2023, the EUIPO Board of Appeal overturned this refusal and found the mark to be distinctive. Such an analogy with advertisements was also rejected.

Television 95

Television Advertising Advertising Registration 95

The TTABlog

JULY 24, 2023

July 14, 2023 [not precedential] (Opinion by Judge Thomas W. Because the involved goods are in-part identical and there are no restrictions in the opposed applications or pleaded registrations, the Board must presume that these goods travel in the same trade channels to the same classes of consumers. Welch 2023. Wellington).

Registration 52

Registration Designs Design Advertising 52

SpicyIP

OCTOBER 27, 2023

On September 7, the Ministry of Consumer Affairs published the Draft Guidelines for Prevention and Regulation of Dark Patterns 2023, inviting comments from the public. For example, a company uses a logo almost identical to a popular brand’s logo to mislead consumers into believing they are purchasing from a well-known brand.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

IP and Legal Filings

APRIL 12, 2023

However, the Delhi High Court recently declared that the stylized “H” mark of French luxury brand Hermes International qualifies as a “well-known trademark” under the terms of section 2(1)(zg) of the Trademark Act, 1999 (hereinafter, the act). This is the extra protection that a brand obtains after being named Popular. Section 11(2).

Trademark 92

Trademark Branding Brands Branding 92

43(B)log

APRIL 25, 2023

Purlife Brands, Inc., 2023 WL 3046592, No. 21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller against another. Purlife Brands, Inc., 2023 WL 3049106, No. Automated Pet Care Prods., 22-cv-04261-VC (N.D. Automated Pet Care Prods.,

False Advertising 57

False Advertising Advertising Advertising Social Media 57

The TTABlog

MAY 17, 2023

In and exhaustive and exhausting 69-page decision, the Board sustained-in-part and dismissed-in-part Starbucks' opposition to registration of the mark SIREN'S BREW ("BREW" disclaimed), finding confusion likely with the Starbucks design logo with regard to applicant's "coffee beans," but not as to applicant's "shirts; sweat shirts."

Advertising 52

Advertising Advertising Designs Design 52

SpicyIP

FEBRUARY 13, 2023

Geeta Kewalani on 2 February, 2023 (Delhi High Court) Delhi High Court relying on ‘Laxmikant V Patel v Chetanbhai Shah’ passed an interim injunction restraining the Defendant from using the mark “Foot Locker”. Ltd for disobeying the Palbociclib interim injunction. Check out the post for more details.

Designs 52

Designs Design Trademark Cease and Desist 52

TorrentFreak

MARCH 1, 2024

New Law Isn’t a VPN Ban, Illegal VPNs Are Already Banned Sites blocked by the government, whether they’re pirate sites or those branded extremist by the state, are blocked for good reasons, authorities insist. In the summer of 2023, a new phase of the Kremlin’s plan was made public.

Government 111

Government Privacy Publishing Law 111

LexBlog IP

FEBRUARY 26, 2024

Fashion Week season is the chance for fashion brands to show their flair and dynamism by launching new creations, ready to be devoured by buyers, influencers, journalists, consumers, and unfortunately, also by competitors. Fashion show: a work of art?

IP 52

IP Designs Design Copying 52

The IPKat

NOVEMBER 27, 2023

By decision of 9 October 2023, the Board of Appeal (BoA) of EUIPO annulled the initial refusal to register a position trade mark for footwear. Background On 12 April 2022 Paredes Holding Center SL (the Applicant) filed an application for the EU registration of the position trade mark no. 7 (1)(b) of the EUTMR.

Television 70

Television Branding Brands Branding 70

LexBlog IP

APRIL 19, 2023

Before selecting a brand name or logo for a product, sellers need to conduct a search to ensure that another party is not already using the same or similar brand name or logo. More particularly, the TM symbol can be used in the absence of registration, while the registration symbol should be used after registration issues.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

Kluwer Copyright Blog

OCTOBER 30, 2023

Photo by Steve Buissinne via Pixabay The UK High Court has held that Lidl’s rights in the Lidl logo were infringed by Tesco’s Clubcard Price(s) signs ( [2023] EWHC 873 (Ch) ). In September 2023, the Court of Appeal allowed appeals, apparently from both parties. Specifically, the court made the following findings.

Copyright 58

Copyright Copying Branding Brands 58

SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. Shell Brands International AG v.

Trademark 126

Trademark Invention Patent Art 126

The TTABlog

AUGUST 30, 2023

SS Vape Brands, Inc. 91255786 (August 28, 2023) [not precedential] (Opinion by Judge Marc A. The Board has long recognized that the 'Internet is such a pervasive medium that virtually everything is advertised and sold through the Internet.'" Welch 2023. Monster Energy Company v. Opposition No. TTABlogged here.

Designs 56

Designs Design Branding Brands 56

SpicyIP

JULY 8, 2024

The initial order dated December 19, 2023, required compliance within four and nine months. Metro Brand Ltd. The defendant was granted registration of mark ‘METRO KIDS COMPANY’ on a “proposed to be used basis” provided that business be restricted to the State of Tamil Nadu. MKCE Master Franchise India Pvt.

Invention 59

Invention Art Trademark Patent Application 59

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

MARCH 28, 2023

On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. Now, as a practical matter, parodies won’t confuse when differences in marks, markets, or message, typically ridicule, signal that the brand company didn’t make the joke. VIP Products LLC. I had a dog.

Branding 52

Branding Brands Branding Trademark 52

LexBlog IP

MARCH 28, 2023

On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. Now, as a practical matter, parodies won’t confuse when differences in marks, markets, or message, typically ridicule, signal that the brand company didn’t make the joke. VIP Products LLC.

Branding 52

Branding Brands Branding Trademark 52

SpicyIP

NOVEMBER 8, 2023

For collective marks, he argued that out of 10 collective mark registrations he examined, 9 were granted erroneously. However, 2023 seems good for Google, thus far. A brand owner’s injunction now depends on the ad’s content, checking if the same confuses or causes blurring or tarnishment. Aditya discussed Google v.

Trademark 59

Trademark Publishing Journalism Copyright 59

SpicyIP

DECEMBER 24, 2023

UK Supreme Court Confirms No Patent for “AI-invented” Inventions Image from here On December 20, the UK Supreme Court affirmed its previous decision to deny registration to inventions by Dr. Stephen Thaler’s AI DABUS, holding that an AI software cannot be listed as an inventor. SpicyIP intern Vedika discusses this development.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

The TTABlog

NOVEMBER 6, 2023

The Board granted a petition for cancellation of a registration for the mark CS for "amplifiers," finding that Petitioner Adamson Systems proved by a preponderance of the evidence that Respondent Peavey Electronics had discontinued use of the CS mark on amplifiers, with intent not to resume use. Adamson Systems Engineering, Inc.

Registration 58

Registration Branding Brands Branding 58

The IPKat

NOVEMBER 30, 2023

This time, the competing views were laid bare in the recent judgment of the Singapore Court of Appeal in Consorzio di Tutela della Denominazione di Origine Controllata Prosecco v Australian Grape and Wine Incorporated [2023] SGCA 37. The case concerned the registration of 'Prosecco' as a GI in Singapore.

Registration 133

Registration Advertising Advertising Law 133

43(B)log

JANUARY 19, 2024

It has a registration for its logo, comprising stylized wording and a graphic of roads. Note that the current website seems to have removed “resources” from the logo, which I expect is a big enough change that a new registration ought to be required.) It adopted the Rampart/Wurth branding in 2023.

Advertising 57

Advertising Advertising Branding Brands 57

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

IP 124

IP Copyright Trademark Intellectual Property 124