This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
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.
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.
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.
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.
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).
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.
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.
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.
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.
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. .
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!
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.
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.
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.
The blocking reportedly took place between August 2022 and August 2023, but there’s not much for the MPA to celebrate, at least not in the short term. Pirate Sites Funded By Illegal Advertising Media reports from 2018 indicate that Xoi Lac TV and many other sites were blocked on copyright grounds. IP address and U.S.
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.
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.
We organize all of the trending information in your field so you don't have to. Join 9,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
118 
Let's personalize your content