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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.
The decision, which attracted considerable commentary over the weekend, involves mandatory registration rules for audio and visual services that include far more than the large streaming services. As is often the case, it is not as bad as critics would suggest, but not nearly as benign as the CRTC would have you believe.
Grande Communications Networks, LLC, 2023 WL 1422808 (W.D. Jan 31, 2023). 11, 2023): Time and again we have declared that “prevailing defendants in copyright cases are presumptively entitled (and strongly so) to recover attorney fees.” . Hoffmann Air Conditioning and Heating, LLC, 2023 WL 2681994 (E.D. March 29, 2023).
On April 21, 2023, the Secretary of Homeland Security, Alejandro N. Additionally, on January 23, 2023, the National Institute of Standards and Technology (“NIST”) released the first version of its “ Artificial Intelligence Risk Management Framework ” (“AI RMF 1.0”). Patents On February 14, 2023, the U.S.
Yesterday, it was all about key developments in the copyright field in the Africa IP Highlights 2023 – the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. Today, it’s about the trade marks. Katpost on the decision here.
Lei, 2023 WL 6373073, No. 21, 2023) Deetsch alleged that he owned design patents for CPAP pillow products, which the Lei defendants infringed. Amazon’s Brand Registry advertises “Automated Protections” that are “[p]owered by Amazon’s Machine Learning.” 22-cv-1166-RSH-BLM (S.D. Motion to dismiss granted.
2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.
This Africa IP Highlights 2023 is the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements.
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.
She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Gensol EV also created a “ezio” logo for the vehicle design and secured a registration of the word mark EZIO on a proposed to be used basis ( Class 12 ) with the Trade Marks Registry.
In a whopping 163-page opinion, the Board granted a petition for cancellation of two registrations for the configuration of safety helmets, rejecting Petitioner Honeywell's Section 2(e)(5) functionality claim but sustaining Honeywell's claim of lack of acquired distinctiveness. This blog post will summarize the high points of the decision.].
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.
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!”
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.
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.
It has a 2018 registration for those services for the stylized wording RAMPART RESOURCES to the right of a graphic image of a road going into the horizon, with a road curving off to the right and left of the main road. Advertising media: Both parties stated that word of mouth advertising is perhaps their strongest form of advertising.
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.
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).
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?
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.
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.
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.
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.
The Most Dangerous Canadian Internet Bill You’ve Never Heard Of Is a Step Closer to Becoming Law , December 14, 2023 2. The Lose-Lose-Lose-Lose Bill C-18 Outcome: Meta Blocking News Links on Facebook and Instagram in Canada , August 2, 2023 3.
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.
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.
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.
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.
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.
Data privacy in India gained momentum following the Justice Puttaswamy judgment, which established the Right to Privacy as a fundamental right under Article 21 of the Constitution, and the introduction of the Data Protection Act, 2023, inspired by the EU’s General Data Protection Regulation (GDPR). For example, in Titan Industries Ltd.
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.
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.
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.
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.
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.
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.
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.
The plaintiff had acquired numerous registrations in India for the MARRIOTT and MARRIOTT formative marks. In 2023, the plaintiff came across a hotel based in Mumbai, India under the trade name HOTEL PRIME MARRIOT with the exact spelling of ‘MARRIOTT’ as used by the plaintiff in its brand. But Defendant No.
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. .
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.
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.
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.
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.
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. .
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