The TTABlog

MARCH 20, 2023

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.].

Registration 68

Registration Advertising Advertising Designs 68

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

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

IP and Legal Filings

JANUARY 26, 2023

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.

Registration 92

Registration Trademark Trademark Law Law 92

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 Brands 52

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 62

Reporting Trademark Registration Design 62

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 93

Trademark Registering Trademarks Advertising Advertising 93

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 73

Advertising Advertising Music Trademark 73

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 114

IP Copyright Trademark Intellectual Property 114

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 Brands 52

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

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

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 60

Registration Branding Brands Branding 60

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 70

Trademark Registration Advertising Advertising 70

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. Read comments and post your comment here.

Television 62

Television Registration Branding Brands 62

The TTABlog

JULY 5, 2023

The Board rendered a split decision in this opposition to registration of the mark EVOGUE for a wide variety of consumer electronic devices and accessories, tossing out Opposer Advance Magazine's Section 2(d) claim but partly upholding its dilution claim, based on the registered mark VOGUE for, inter alia , magazines and mobile phone software.

Registration 52

Registration Trademark Ownership Advertising 52

Intellectual Property Law Blog

MAY 2, 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.

Government 237

Government Business Licensing Copyright 237

The TTABlog

AUGUST 10, 2023

The Board agreed with Examining Attorney Bridget Watson that Exhart's proof of acquired distinctiveness was insufficient to justify registration. 90006864 (August 8, 2023) [not precedential] (Opinion by Judge Michael B. Welch 2023. In re Exhart Environmental Systems, Inc. Is that what these things are supposed to do?

Advertising 52

Advertising Advertising Registration Designs 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

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

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 110

Trademark Advertising Advertising False Advertising 110

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

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. And so, the TTAB granted registration to the Seminole Tribe’s guitar shaped building but denied registration to Palacio del Rio’s modular designed building.

Designs 52

Designs Design Advertising Advertising 52

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

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 88

Advertising Advertising Registration Design 88

LexBlog IP

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 52

IP Intellectual Property Social Media Cease and Desist 52

The IPKat

SEPTEMBER 30, 2024

EasyGroup, on the other hand, relied on certain registrations which it acquired from a third party as part of a settlement following another(!) The aim is to allow proprietors to adapt their marks in accordance with marketing and promotional requirements. The Court disagreed.

Advertising 64

Advertising Advertising Registration Branding 64

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 96

Advertising Advertising False Advertising Trademark 96

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 136

Cinema Registration Reporting Licensing 136

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 95

Advertising Advertising Confidentiality Trademark 95

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 123

Copyright Trademark Copyright Infringement Registration 123

43(B)log

AUGUST 7, 2023

2023 WL 4947974, No. 2, 2023) A smoothly written opinion: As the complaint tells it, Paul Mitchell has long marketed its business and its products as “cruelty-free.” John Paul Mitchell Sys., 23-cv-00687-VC (N.D. The plaintiffs say they took Paul Mitchell at its word and bought some of those products.

Marketing 52

Marketing Marketing False Advertising Advertising 52

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 94

Due Diligence Registration Government Technology 94

The TTABlog

OCTOBER 5, 2023

91254647 (September 30, 2023) [not precedential] (Opinion by Judge Cheryl S. This suggestion was confirmed by Opposer's advertising, which "touts the California sunshine under which Opposer’s citrus fruits are grown." Welch 2023. Sunkist Growers, Inc. Intrastate Distributors, Inc. Opposition No. Text Copyright John L.

Advertising 67

Advertising Advertising Marketing Marketing 67

SpicyIP

DECEMBER 17, 2023

Ankit Sahni’s AI “Co-authored” Artwork Denied Registration by US, Continues to be Registered in India Can AI (co)author art? vs Controller Of Patents on 8 December, 2023 (Delhi High Court) Emerson’s appeals under Section 117A of the Patents Act, 1970, contest the rejection of patent applications (Nos. M/S Loreal S.A

IP 59

IP Trademark Advertising Advertising 59

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

OCTOBER 11, 2023

22-1373 (GMM), 2023 WL 6201397, -- F. 22, 2023) Plaintiffs own Roberto Clemente’s IP rights and a registration for ROBERTO CLEMENTE for “figurines, statues and statuettes made of non-precious metal; beer cans made of non-precious metal sold empty.” (The False advertising: No Lexmark standing for want of proximate cause.

Licensing 49

Licensing False Advertising Advertising Advertising 49