The IPKat

JULY 7, 2023

The 2023 “analog” conference on the Metaverse took place in London, lasted three days and hosted several panels and addresses on the different aspects of the IP legal regime concerning the Metaverse and the possibilities of regulation of this changing environment.

Reporting 85

Reporting Music IP Intellectual Property 85

IP and Legal Filings

JANUARY 11, 2024

Trademarks are traditionally considered to be connected with visual elements that include logos, brand names, as well as packaging however, the field of trademarks has widened and it includes non-traditional marks, such as smells, sounds, colors etc. Iconic scents like Chanel No. Iconic scents like Chanel No.

Trademark 93

Trademark Intellectual Property Branding Brands 93

The TTABlog

DECEMBER 19, 2023

97248954 and 97248972 (November 27, 2023) [not precedential] (Opinion by Judge Jonathan Hudis). Applicant pointed to existing registrations for the marks ASK ME ABOUT MY WIENER, ASK ME ABOUT REALTY IN HOUSTON!, 90746611 (December 5, 2023) [not precedential] (Opinion by Judge Thomas L. Welch 2023. Here are three more.

Branding 60

Branding Brands Branding Marketing 60

LexBlog IP

DECEMBER 20, 2023

03-21-00571-CV, 2023 BL 341460, 2023 TX App Lexis 7448. The decision allows cannabis companies to continue selling delta-8 THC goods in Texas and establish a reputation for their brands. See e.g., Cannabis-derived products like delta-8 THC and delta-10 THC have flooded the US market. Dep’t of State Health Servs.

Trademark 52

Trademark Registration Branding Brands 52

Corsearch

NOVEMBER 8, 2023

It’s one of the most important things for your visitors to know and remember, and it’s a critical component of your omnichannel marketing strategy. However, there are a few things that can be disruptive or destructive to your brand like bad actors stealing your company’s domain name and doing with it whatever they wish. domain name.

Music 52

Music Privacy Branding Brands 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

IP and Legal Filings

MARCH 19, 2024

ABSTTRACT The constraints placed on trademark registration, particularly concerning common English words by recent judicial review by Justice C. INTRODUCTION For consumer identification and brand protection a crucial mechanism is important which is served by trade mark law. Computer of computers, medicines names.

Branding 52

Branding Brands Branding Intellectual Property 52

IPilogue

MARCH 21, 2023

What do a company in the business of mining and selling construction equipment, and an athletic-wear and sporting accessories brand, have in common? On January 10th, 2023, the Federal Court of Appeal released one of its first trademark decisions of the year in Puma SE v Caterpillar Inc. 2023 FCA 4.The 2023 FCA 4.The

Branding 104

Branding Brands Branding Designs 104

Biswajit Sarkar Copyright Blog

JANUARY 17, 2024

It was engaged in manufacturing and marketing of medical equipment under VBM trademark of Class 10 while the VBM India Company dealt with equipment manufactured by the plaintiff as distributors as well as those produced by the third party. Volker Bertram Medical,” leading to market confusion.

Trademark 75

Trademark Intellectual Property Branding Brands 75

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. Be Careful!–Khachatryan

Social Media 100

Social Media Copyright Licensing Advertising 100

Trademark and Copyright Law Blog

DECEMBER 19, 2022

As we ring in 2023, sip some champagne and make a resolution to check in on your trademark portfolio more often. Here are a few productive questions to ask: Do your registrations cover your reality? You may have launched new brands or drastically redesigned your logo since you last interacted with the USPTO. It misses you!

Trademark 52

Trademark Registration Branding Brands 52

The IPKat

NOVEMBER 27, 2023

Industrial Cleaning Equipment v Intelligent Cleaning Equipment [2023] EWHC 411 (IPEC) (February 2023) The case title might suggest this is a battle between two highly descriptive marks (ala Office Cleaning), but in fact both of these floor cleaning equipment companies had adopted the abbreviation ICE.

Editing 69

Editing Registration Branding Brands 69

The IPKat

DECEMBER 10, 2023

Image: flickr.com Katfood SMEs and Chinese market opportunities webinar 4IP council is organising a webinar session titled "SMEs and patent holdouts: how European SMEs fight back", dedicated to European SMEs and startups interested in the opportunity that the Chinese market can bring to their businesses. For details, click here.

Intellectual Property 65

Intellectual Property IP Registration Privacy 65

LexBlog IP

APRIL 27, 2023

We are just a few months into 2023, but we are already seeing a number of proposed changes to Chinese Trademark Law. The changes may, however, also affect the way genuine brand owners handle their trade mark portfolios and there is therefore a need to reconsider filing and portfolio management strategies accordingly.

Trademark Law 52

Trademark Law Law Trademark Intellectual Property 52

The IPKat

AUGUST 1, 2024

For class 3, the Opposition Division found that the goods and services in the Registration and the Application were either identical (cosmetics), similar (dentifrices), or similar to a high degree (kits and gift sets).

Registration 69

Registration Marketing Marketing Intellectual Property 69

TorrentFreak

FEBRUARY 23, 2023

From February 28, 2023, availability of Western content on Russia’s legal streaming portals is set to nosedive. Local reports suggest that at least 200 films owned by Disney, Sony, and other Hollywood studios, will disappear from licensed streaming platforms, including market leader Kinopoisk.

Cinema 129

Cinema Registration Reporting Licensing 129

The TTABlog

DECEMBER 1, 2023

Global Commodities petitioned for cancellation of a registration for the mark shown below left, claiming likely confusion with its registered mark shown below right, both for "rice." 92078857 (November 29, 2023) [not precedential] (Opinion by Judge Mark A. Welch 2023. Capital Distributors, LLC and Capital Imports, LLC.

Designs 67

Designs Design Registration Marketing 67

IP and Legal Filings

AUGUST 8, 2024

The following 4 points are the criteria of patentability [2] – Novelty – This criteria states that prior of the application for patent, the invention should be completely brand new and not earlier publicly known or disclosed throughout the world. The registration unlatches the possibility to monetize the invention.

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Patent Invention Inventor Patent Application 74

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.

Designs 52

Designs Design Advertising Advertising 52

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

TorrentFreak

JULY 13, 2023

Pirate site brands, including 123movies, Putlocker, Kisscartoon, 123movieshub, and GoMovies, were suddenly recognized all over the world, despite in many cases having been copied from ‘pirate’ brands already in existence. Running in parallel, news began to emerge of big changes at Zoro.to. Aniwatch.to

Branding 82

Branding Brands Branding Registration 82

The TTABlog

OCTOBER 18, 2023

The Board denied a petition to cancel a registration for the mark TORPEDO JUICE for "Alcoholic beverages, except beer; Gin; Liquor; Rum" because Petitioner Oregon Grain failed to prove prior trademark rights in support of its Section 2(d) claim, and failed to provide any evidence to support its nonuse claim. Welch 2023. Village Car Co.,

Branding 67

Branding Brands Branding Registration 67

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 59

False Advertising Advertising Advertising Registration 59

IIPRD

APRIL 3, 2024

Introduction The Indian fashion market is pegged at an impressive value of $50 billion, out of which 10% consists of international luxury brands. [1] This is evidenced as an artistic work enjoys protection throughout the life of the author plus sixty years; whereas a design only enjoys protection for 10 years from registration.

Artistic Work 45

Artistic Work Designs Design Copyright 45

IP and Legal Filings

JANUARY 29, 2024

Unveiling Merchant Privileges in the Shadows of Craftsmanship Developing nations like India require financial and technical support to market their products internationally and attain the sustainability of GI. Additional analysis has revealed that the registration status varies greatly.

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Registration Blogging Designs Design 94

IIPRD

NOVEMBER 14, 2023

of the population of India having ingress to the world wide web and ever growing e-commerce market which is forecasted to reach about twenty billion euros by 2030, it becomes pertinent to analyse the interconnect between these two. [1] Interplay Between Intellectual Property and E-commerce With 48.7%

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

SpicyIP

SEPTEMBER 25, 2023

Highlight of the Week Comments on the Draft Patent (Amendment) Rules, 2023 Image by rawpixel.com on Freepix Comments pertaining to transparency and on substantive proposals within the draft Patent (Amendment) Rules, 2023, submitted to the Ministry of Commerce. Lokesh discusses the case in this short tidbit post. Emami Ltd.

Cease and Desist 96

Cease and Desist Copyright Infringement Invention Social Media 96

Biswajit Sarkar Copyright Blog

APRIL 21, 2023

Keeping the theme of Intellectual Property Day in mind, this year EEPC in collaboration with Mr. Biswajit Sarkar, Advocates- IP Attorneys is celebrating this event at EEPC India premises on 26 th April, 2023 from 2 PM onwards.

Business 40

Business Intellectual Property IP Branding 40

LexBlog IP

APRIL 19, 2023

Sellers need to be aware of competitor patents before introducing a product to the market. 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. An example is the shape of the classic Coca-Cola glass bottle.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

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

TorrentFreak

APRIL 5, 2024

Pressure Increases on Players in the Illicit Market In common with its counterparts in Europe, Sweden had already been paying more attention to those involved in the supply and sale of pirate IPTV subscriptions. A resident of southern Sweden, the man was the alleged registrant of the service’s domain name.

Reporting 91

Reporting Marketing Marketing Copying 91

Technology & Marketing Law Blog

OCTOBER 5, 2023

Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net. Case Citation : Emoji Co. 22-cv-2378 (N.D.

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Trademark Fair Use Trademark Law Branding 123

IP and Legal Filings

MARCH 8, 2023

The Plaintiff’s first registration in India dates back to the year 1993 in Class 16, and the Plaintiff claimed to have been utilising and holding registration rights for the Trade Mark since October 2003 for the hospitality industry (class 42). It might be challenging for a brand owner to provide evidence of market confusion.

Registration 88

Registration Branding Brands Branding 88

SpicyIP

JANUARY 7, 2024

A bit of background before we delve into more details: On 25 September 2023, in a legal dispute between a German medical equipment manufacturer, VBM Medizintechnik GMBH, and the Indian entity VBM India Co (VBMIC), owned by Geetan Luthra, the German company claimed that Luthra violated their trademark by utilizing the ‘VBM’ mark.

Trademark 59

Trademark Registration Marketing Marketing 59

Intepat

JUNE 5, 2023

Introduction It is not uncommon for market competitors to find themselves in a courtroom confrontation over trademark infringement cases. On the other hand, New Delhi-based Resilient Innovations Private Limited (Defendant) is a relatively new company known for its brand BharatPe.

Trademark 52

Trademark Cease and Desist Branding Brands 52

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. The case On 7 May 2019 Dutch company Chiever B.V.

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Television Advertising Advertising Registration 95

The IPKat

APRIL 26, 2022

Registration can be made on the event's website. Registration for the event is still possible and is available here. Our PermaKat Eleonora Rosati will speak at the event, and registration can be made here. The full programme and registration will be available here soon. More details about the event are available here.

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Intellectual Property Registration IP Branding 65