43(B)log

APRIL 18, 2023

Geryon Ventures, LLC, 2023 WL 2903668, No. 10, 2023) Zest sued defendants for trademark/trade dress infringement, alleging that defendants’ DESSLoc suite of denture attachment products infringed the trademarks and trade dress of their Locator product suite. Zest Anchors, LLC v. 22-CV-230 TWR (NLS) (S.D.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. pending or issued registrations) and those that are not. Intellectual property is a company asset, just like inventory.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

The TTABlog

DECEMBER 30, 2022

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine (IX) oral hearings for the month of January 2023. January 10, 2023 - 1 PM: In re OptConnect Management, LLC , Serial Nos. January 12, 2023 - 2 PM: Ultrasun AG v. January 17, 2023- 1 PM: In re Nature Cravings Pet Treats LLC , Serial Nos.

Registration 59

Registration Advertising Advertising Design 59

The TTABlog

NOVEMBER 17, 2023

In a highly detailed and instructive opinion, the Board granted a petition for cancellation of a registration for the product configuration shown below, for a "spring-loaded glass-breaking device," on the ground of de jure functionality under Section 2(e)(5). 92078038 (November 14, 2023) [not precedential[ (Opinion by Judge Jonathan Hudis).

Registration 69

Registration Designs Design Advertising 69

Technology & Marketing Law Blog

JUNE 8, 2024

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. In an April 2023 summary judgment ruling , the plaintiff established that it “possesses the legally protectable, incontestable trademarks TEXAS TAMALE and TEXAS TAMALE COMPANY.” ” Say what?

Trademark 129

Trademark Advertising Advertising False Advertising 129

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 140

Cinema Registration Reporting Licensing 140

IP and Legal Filings

JUNE 10, 2024

The decision of the Delhi HC, pronounced on 18 th September 2023, penned by Hon’ble Justice C Hari Shankar, in this matter over the tagline “For the Bold” has caused ripples in the field of Intellectual Property Rights. , it filed for a trademark infringement and unfair advantage suit in the court against Parle Agro. For the Bold!”

Trademark 90

Trademark Registering Trademarks Advertising Advertising 90

43(B)log

APRIL 26, 2023

LLC, 2023 WL 3066119, No. 24, 2023) “This case arises out of alleged misuse of copyrighted images, eventually leading to a dispute … that resulted in false business reviews, malicious e-mails, and mutual efforts to interfere with each other’s business.” I Dig Texas, LLC v. Creager Servs., 22-CV-0097-CVE-JFJ (N.D.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

The IPKat

NOVEMBER 26, 2024

The IPKat has received and is pleased to host the following guest contribution by former GuestKat Nedim Malovic (ASSA ABLOY), commenting on a recent referral to the EUIPO Grand Board regarding the registrability of face trade marks. Judging by past decisions ( R 2063/2016-4 and R 2173/2023-4 ), it might appear so.

Registration 117

Registration Advertising Advertising Television 117

Garrigues Blog

NOVEMBER 6, 2023

The General Court of the European Union recently refused to allow registration of the “BECAUSE THERE IS NO PLANET B” mark for cosmetic products, stationery and other accessories, holding that it lacked the distinctive character required for the general public to identify it as a trademark.

Advertising 52

Advertising Advertising Trademark Registration 52

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 128

Copyright Trademark Copyright Infringement Registration 128

The TTABlog

OCTOBER 2, 2023

Specimen of Use/Nonuse/Illegal Use: TTAB Affirms Rejection of Specimen (Slide Presentation) for Oil Drilling Equipment as "Mere Advertising" Precedential No. 25: TTAB Deems Grace Period Petition for Cancellation Moot When Registrant Failed to Renew Precedential No. Welch 2023.

Reporting 64

Reporting Trademark Registration Design 64

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

SpicyIP

APRIL 17, 2023

Krbl Limited was alleged infringement and passing off of the plaintiff’s trademark registrations for marks that include the word ‘Royal’, by the defendant’s mark ‘Zabreen Royal’ (‘Impugned Mark’). Responding in the affirmative, the Calcutta High Court has swung the interpretative pendulum back in favor of GUIs being registrable.

Advertising 105

Advertising Advertising Confidentiality Trademark 105

The TTABlog

JULY 31, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine oral hearings for the month of August 2023. August 3, 2023 - 11 AM: TF Intellectual Property Pty Ltd v. August 3, 2023 - 1 PM: Mealpass, Inc. August 8, 2023 - 11 AM: In re Molina Healthcare, Inc. August 9, 2023 - 11 AM: Billy Stott v.

Contracts 52

Contracts Registration Designs Design 52

The TTABlog

JANUARY 10, 2024

The TTABlogger has once again chosen the ten (10) TTAB decisions that he considers to be the most important and/or interesting from the previous calendar year (2023). 2023 USPQ2d 1293 (TTAB 2023 [precedential] (Opinion by Judge David K. 2023 USPQ2d 1293 (TTAB 2023 [precedential] (Opinion by Judge David K.

Advertising 58

Advertising Advertising Music Trademark 58

LexBlog IP

JANUARY 31, 2024

We presented a webinar last week entitled How to Win Your Next Trademark Battle: Lessons Learned in 2023 to give brand owners and their lawyers an overview of key takeaways from last year’s trademark cases. If you missed our live presentation, you can view a recording here. They may also consider the possibility of non-U.S.

Trademark 52

Trademark Registration Branding Branding 52

Technology & Marketing Law Blog

JUNE 20, 2024

It then went further and used the photo to promote the robe: In 2023, Sunny Khachatryan obtained a copyright registration for “Brave’s” photo. Other arguments fail because “there is value in Minor Plaintiffs’ image and likeness, which Defendants then used for the purpose of commercial advertising and sales.

Social Media 105

Social Media Copyright Licensing Advertising 105

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 135

Registration Advertising Advertising Law 135

Technology & Marketing Law Blog

AUGUST 30, 2023

This is a competitive keyword advertising lawsuit. The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising.

Advertising 98

Advertising Advertising False Advertising Trademark 98

The IPKat

FEBRUARY 27, 2023

On 15 February 2023, the General Court of the European Union issued its judgment in case T-204/22 ( Rimini Street, Inc. The case deals with the topic of whether the registration of slogans is allowed by EU trade mark law, this being a topic that The IPKat has also devoted substantial attention to (see here ). and the EUIPO.

Advertising 89

Advertising Advertising Registration Designs 89

SpicyIP

FEBRUARY 20, 2023

vs Union Of India And 3 Ors on 15 February, 2023 (Bombay High Court) In another case concerning interpretation of Section 124 after the recently covered Anubhav Jain case, Bombay High Court dismissed a writ petition emphasizing on the satisfaction of the court regarding prima facie tenability of the plea of invalidity. Containers Indore v.

Registration 105

Registration Design Designs Trademark 105

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

SEPTEMBER 25, 2023

90381174 (September 21, 2023) [not precedential] (Opinion by Judge Thomas V. These two registrations do not outweigh the Examining Attorney’s evidence." Welch 2023. Evidence of third-party use of the phrase "a new kind of soda," mixed in with applicant's own usage, took the fizz out of applicant's arguments. In re Olipop Inc.

Trademark 72

Trademark Registration Advertising Advertising 72

IP and Legal Filings

FEBRUARY 2, 2023

Following this development, MeitY released a draught modification (Proposed Amendment) to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 (IT Rules 2021) on January 2, 2023, expanding the scope of the IT Rules 2021 to include intermediaries for online gambling. Non-Compliance.

Due Diligence 92

Due Diligence Registration Government Technology 92

LexBlog IP

JANUARY 17, 2024

From the Big Mac v Big Jack to the KFC v HFC – 2023 was the year of the burger. In Australia, the burger debate was first brought to our attention in 2020 following a marketing campaign by Hungry Jack’s Pty Ltd ( Hungry Jack’s ) for its limited-edition Big Jack burger.

Marketing 52

Marketing Marketing Branding Branding 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. Welch 2023. Text Copyright John L.

Registration 61

Registration Branding Branding Brands 61

The TTABlog

MAY 16, 2023

The Board denied a petition for cancellation of a Supplemental Registration for the mark LITTLE NOTES for address books, greeting cards, calendars, note paper, and the like, rejecting Petitioner Comptime's claim of likelihood of confusion with its alleged common law rights in the same mark for overlapping goods. Welch 2023.

Registration 52

Registration Advertising Advertising Copying 52

TorrentFreak

JUNE 28, 2023

Six-Month Suspended Prison Sentence On June 22, 2023, at the Court of Odense, the former Asgaard member was handed a six-month suspended sentence for sharing the eBooks and the paywalled articles obtained using the credentials of unsuspecting Ekstra Bladet+ subscribers. .

Reporting 136

Reporting Advertising Advertising Copying 136

SpicyIP

MARCH 13, 2023

The deadline for submissions is April 18, 2023. on 7 March, 2023 (Delhi High Court) The plaintiff alleged infringement of its registered mark ‘Campus’ by the defendant. V) [Submit by April 18] We’re pleased to inform you that the NUALS Intellectual Property Law Review is inviting contributions to the fifth volume of the journal.

Intellectual Property Law 119

Intellectual Property Law Intellectual Property Trademark IP 119

SpicyIP

AUGUST 21, 2023

Aparajita wrote on the potential impact of the recently passed Jan Vishwas Bill, 2023. Aditya is an attorney at Ira Law and represents Google in trademark litigation relating to keyword advertising. Jan Vishwas Bill 2023: Small businesses, competition and public health set up to lose? DRS Logistics. Drop us a comment below!

Copyright Infringement 98

Copyright Infringement Trademark Copyright Advertising 98

SpicyIP

JANUARY 14, 2024

Recently, the Delhi High Court clarified that the distinctness, uniformity and stability (DUS) testing is a must before a plant variety registration application can be advertised by the Plant Varieties and Farmers’ Rights Authority. Sungro”), which were sent for DUS testing but also advertised before the testing results came in.

Advertising 64

Advertising Advertising Registration Reporting 64

IP and Legal Filings

NOVEMBER 23, 2024

First, Apple ensures early registration of its trademarks, such that it obtains protections across categories like its iconic logo and product names such as “iPhone” and “iPad.” Section 28 of the said act deals with the registration while section 29 deals with infringement and remedies.

Branding 96

Branding Brands Branding Technology 96

SpicyIP

AUGUST 8, 2023

However, the July 2023 judgment of the Delhi High Court in Modern Foods v. The plaintiff’s case was a standard trademark infringement and passing off plea, founded upon its extensive advertisements, market share, goodwill and reputation and the defendant using a similar website and the word ‘MODERN’ in its marks.

Trademark 98

Trademark Registration Advertising Advertising 98

SpicyIP

JANUARY 16, 2023

10th Mahamana Malviya National Moot Court Competition by Law School, Banaras Hindu University [Varanasi, March 24-26, 2023]. The competition will be conducted from 24th March- 26th March 2023 and the last date to register for the competition is January 20, 2023. vs V-Guard Industries Ltd on 4 January, 2023 (Delhi High Court).

Trademark 102

Trademark Designs Design Registration 102

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

TorrentFreak

JANUARY 2, 2024

On December 1, 2023, an interesting piece of news began to gain traction in South Korea and beyond. On December 19, 2023, South Korea’s Ministry of Culture, Sports and Tourism announced the culmination of a major online piracy investigation and a significant arrest. With Assistance from U.S. .

Advertising 104

Advertising Advertising Reporting Publishing 104