MarkIt to Market® - October 2023
JD Supra Law
NOVEMBER 1, 2023
Thank you for reading the October 2023 issue of Sterne Kessler's MarkIt to Market® newsletter.
This site uses cookies to improve your experience. By viewing our content, you are accepting the use of cookies. 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. View our privacy policy and terms of use.
The IPKat
DECEMBER 14, 2023
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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Indiana Intellectual Property Law
MAY 22, 2023
Trademark Office issued the following 175 trademark registrations to persons and businesses in Indiana in April 2023 based on applications filed by Indiana trademark attorneys: Reg. HIRE HENSLEY. 7027425 LIVE YOUR HAIR TO THE FULLEST. 7027425 LIVE YOUR HAIR TO THE FULLEST.
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.
The TTABlog
MAY 1, 2023
The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine oral hearings for the month of May 2023. May 2, 2023 - 2 PM [In-person]: In re Puma SE , Serial No. May 9, 2023 - 10 AM [In-person]: In re International Technology Law Association, Inc. May 9, 2023 - 1 PM [In-person]: In re MercadoLibre, Inc.
LexBlog IP
MAY 15, 2023
The International Trademark Association Annual Meeting takes place in Singapore from May 16 through May 20, 2023. The INTA meeting is the world’s largest gathering of trademark practitioners, corporate counsel, and brand owners. Digital brand protection solutions and tools continue to grow in popularity.
Kashishipr
SEPTEMBER 29, 2022
It is not unusual to encounter counterfeit versions of widely recognized brands like Adidas, Gucci, Nike, etc. Such products are fake and portrayed as popular brands to charge less than the market price and make enormous profits. They usually have a devastating effect on the brand’s reputation and customer loyalty.
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.
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.
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.
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.
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.
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.
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.
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
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.
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
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!
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.
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.
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.
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).
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.
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.
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.
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.
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.
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
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.,
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.
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.
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.
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%
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
Expert insights. Personalized for you.
We have resent the email to
Are you sure you want to cancel your subscriptions?
Let's personalize your content