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by Dennis Cxrouch In re Lizzo LLC (TTAB 2023) In a new precedential opinion, the PTAB has sided with the musical artist Lizzo — agreeing to register her mark “100% THAT B H” for use on apparel. Unlike patents and copyrights, trademark law is not designed to reward the creative endeavor of invention or authorship.
2023) Apple Records was founded by The Beatles in 1968 and quickly became a success, producing many hit records in the late 1960s and early 1970s. Apple Computer Company was founded in the mid-1970s and almost immediately sued for trademark infringement by Apple Corps (the parent company of Apple Records). by Dennis Crouch Bertini v.
We are pleased to announce that the UK Intellectual Property Office (UK IPO) and International Trademark Association (INTA) are jointly hosting a conference on brand protection strategies on February 24th, 2023 at the Imperial, New Delhi. P rior registration through RSVP is mandatory for attendance.
The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.
The following is an edited transcript of my video 5 Things I’ve Learned About Trademarks in 2023. I continue to learn new things about the world of trademarks – even after more than two decades in the field. USPTO trademark filing fees will go up.
In October, 2023, Korea passed a new trademark law to add flexibility to its strict trademarkregistration requiring that later-filed marks need to be completely unique from existing senior marks. Parties then have to resort to what is called the “assign back” system. By: Buchalter
The following is an edited transcript of my video “Responding to a Trademark Office Action” After a trademark application is filed with the US Patent and Trademark Office, it is generally about nine months (as of May 2023) until anything is heard back by the applicant.
Copyright and trademark attorneys this year will be keeping an eye on intellectual property agencies' joint study on non-fungible tokens, developments involving artificial intelligence, as well as a Trademark Modernization Act provision that could speed up the trademarkregistration process.
In 2023, I logged 225 such cases (this number will grow a bit due to lags with the electronic databases). The 2023 count represented a 17% increase over the 2022 count. 2023 marked a significant milestone: my census now counts over 1,000 total U.S. Ballenger, 2023 U.S. I continue to maintain my census of U.S.
The following is an edited transcript of my video Will AI Change Trademarks ? Artificial intelligence has been in the news in 2023. And yet, they only filed the trademark application for ChatGPT a few weeks ago, and they only filed for OpenAI last year. The post Will Artificial Intelligence Change Trademarks?
The design was granted registration by the Controller General of Patents, Designs and Trademarks, Kolkata. The design was filed on 10/03/2022 and was subsequently accepted and published in the Journal of the Patent Office numbered 21/2023 on May 26th, 2023. The design number is 360313-00.
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. Somewhat unusually, however, federal trademark infringement and cybersquatting allegations also played a key role, alongside other claims including unfair competition.
He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] 2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks.
The Franklin Pierce Center for Intellectual Property at the University of New Hampshire Franklin Pierce School of Law invites you for its upcoming trademark law symposium, "Section Two Small: Exploring the New Constitutional Limits on Trademark Law" on Friday, November 3, 2023.The Registration here. Welch 2023.
Image from here On March 14, 2023, in Sirona Hygiene Private Limited Vs Amazon Seller Services Private Ltd , the Delhi High Court provided three interesting points on the issue of design infringement and piracy, in the context of an equally interesting fact scenario! Here too, I think the court has enlarged the “ground” to play with facts.
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.
Brunetti , deeming the "scandalous and immoral" provision of Section 2(a) unconstitutional, your run-of-the mill obscenities are going to face a difficult hurdle to registration: failure-to-function. However, the starting point for registration is the statutory definition of a trademark. TTABlogged here ].
The Intellectual Property Court of Japan denied the registration of a color trademark requested by Hermès. With this denial, Hermès joins the list of companies that failed to register their color trademarks in Japan. In 2023 this was the case for Louboutin, who failed to register its red color.
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’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. A special thanks to Mr. G. Nataraj, Ms.
Last week, Erik provided comments to the USPTO’s Trademark Public Advisory Committee regarding proposed changes (increases) to many trademark fees. For more details regarding about the proposal and all the fee changes, see: [link] You can submit comments of your own by June 12, 2023 here: [link] Comments of Erik M.
Pelton & Associates (EMP&A) is a boutique firm focusing on trademark protection for businesses and brands, including trademark and copyright applications, trademark disputes, matters with the Trademark Trial and Appeal Board, trademark clearance searches, and other matters.
PepsiCo had registered the tagline “For the Bold” as a trademark in 2013 for its Doritos tortilla chips and used it extensively for promotions when it was launched in India in 2015. For the Bold” incorporated in its entirety the registered trademark “For the Bold”. For the Bold!”, It sought a compensation of Rs. For the Bold!”
Introduction To make it easier for consumers to identify the source of a specific commodity or service, trademarks serve this goal. This is why having a trademark is so crucial to the economy. A trademark communicates to the consumer the origin and calibre of the products or services. Defendant No.
Introduction Appellant “ Knitpro International ” applied for registration of the shape of a knitting needle in Class 26 in respect of ‘knitting needles and crochet hooks’. As a result, under Section 9(3) of the Act, a trademark might still be rejected even after acquiring distinctiveness.
2023) In this trademark case, the Federal Circuit affirmed a decision by the Trademark Trial and Appeal Board (TTAB) denying registration of the mark SPARK LIVING for residential real estate, based upon the prior registration of SPARK for commercial real estate. By Dennis Crouch In re Charger Ventures, — F.4th.
In an April 2023 summary judgment ruling , the plaintiff established that it “possesses the legally protectable, incontestable trademarks TEXAS TAMALE and TEXAS TAMALE COMPANY.” The court said that the trademark owner had been using the trademark since 1985 and registered the trademark in 2006.
The TTABlogger has once again chosen the ten (10) TTAB (Tee-Tee-Ā-Bee) decisions that he considers to be the most important and/or interesting from the previous calendar year (2023). In re Seminole Tribe of Florida , 2023 U.S.P.Q.2d 2d 631 (TTAB 2023) [precedential] (Opinion by Judge Melanye K. Adlin) [ TTABlogged here ].
The rightsowner has trademarkregistrations for the tree-shaped outline: Armed with protectable rights in tree outlines, Car-Freshner has turned into a serial plaintiff, though this is my first time blogging them in-depth. I see potential legitimate trademark defenses for the design. 2023 WL 7325109 (N.D.
The Board issued 34 precedential opinions in calendar 2023, a total slightly lower than in recent years. A number of trademark practitioners believe that the TTAB should be issuing more precedential decisions. 12: TTAB Hands Win to MLBPA and Aaron Judge In Opposition to Judicial-Themed Trademarks for Clothing Precedential No.
Emojico has trademarkregistrations 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. ” That’s true.
We are pleased to bring to you this sponsored post by IP Press on the extension of the registration deadlines for their Comprehensive Course on Patents, in collaboration with S. The deadline for registration has now been extended to October 4. Majumdar & Co. But this time, we have with us our ‘exclusive knowledge partner’, S.
However, it lapsed into the public domain in 1953 after the owners failed to renew their copyright registration, which was required at the time. However, that copyright is not long for this world as it expired this year, meaning that it will formally end on January 1, 2023. 5: Understanding Copyright, Trademark and Halloween Costumes.
I ntroduction Hermes International recently filed a lawsuit against Crimzon Fashion Accessories Private Limited, alleging Trademark Infringement. The act defines a well-known trademark in Section 2(z)(g). For example, if someone mentions the well-known trademark Bisleri , one immediately thinks of bottled mineral water.
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. Both the U.S.
Introduction A trademark is a symbol that differentiates one’s brand from another. A trademark is a symbol that can consist of a device, label, name, signature, combination of colors and much more. The process of filing for a trademark can be complex and making mistakes while filing can lead to delays or rejections.
The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine oral hearings for the month of September 2023. September 7, 2023 - 11:15 AM [In Person, North Carolina Central University School of Law, Durham, NC]: In re Vinedo de Zorra, LLC , Serial No. September 12, 2023 - 11 AM: Montgomery Law LLC v.
The following are the comments our firm submitted today regarding the USPTO’s proposed trademark fee changes and increases: Docket No.: Pelton & Associates, PLLC Regarding “Setting and Adjusting Trademark Fees During Fiscal Year 2025” The following are the comments of Erik M. trademarkregistrations.
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. Satheesh Madhav and Anr. Grupo Petrotemex v.
Trademark Office issued the following 178 trademarkregistrations to persons and businesses in Indiana in November 2023 based on applications filed by Indiana trademark attorneys: Reg.
Trademark Office issued the following 177 trademarkregistrations to persons and businesses in Indiana in October 2023 based on applications filed by Indiana trademark attorneys: Reg.
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.
As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review.
It summarizes the "Decisions of the Federal Courts and the Trademark Trial and Appeal Board on Registrability Issues July 2023 to August 2024." Read comments and post your comment here. Text Copyright John L. Welch 2024.
These two fancy names bear good news for trademark challengers. Anyone thinking of canceling a trademarkregistration should be encouraged by the Trademark Modernization Act. Known as TMA, the new rules give IP owners more cost-effective ways to attack trademarkregistrations based on non-use.
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