SpicyIP

JULY 8, 2024

10 Days to the 2024 Shamnad Basheer Essay Competition Deadline! Another reminder for our eligible readers as only 10 days remain for the deadline of the 2024 Shamnad Basheer Essay Competition! We have already received some fascinating entries and cannot wait to read more! Microsoft Technology Licensing LLC v.

Invention 59

Invention Art Trademark Patent Application 59

TorrentFreak

FEBRUARY 16, 2024

The company’s complaint filed last year targeted the unknown domain registrant of kokoatv.net, kokoa.tv, and vidground.com. All three domains were registered at Namecheap which requires registrants to consent to personal jurisdiction in Arizona when in dispute with a third party. Liburdi handed down his order on February 6, 2024.

Copyright 114

Copyright Trademark Copyright Infringement Registration 114

The TTABlog

MARCH 15, 2024

Petitioner MHCS sought cancellation of a registration for the mark VEUVE OLIVIER for sparkling wines, claiming a likelihood of confusion with the registered mark VEUVE CLICQUOT for champagne. 92075021 (March 8, 2024) [not precedential] (Opinion by Judge Martha B. Welch 2024. But what about the marks? Text Copyright John L.

Advertising 46

Advertising Advertising Branding Brands 46

43(B)log

APRIL 29, 2024

20-6057 & 20-6100, 2024 WL 1724995 (10 th Cir. 23, 2024) Hetronic has US registrations; Abitron sold Hetronic-branded products without permission to customers around the world, including in the United States. Use in commerce” covers “the sale, offering for sale, distributing, or advertising of any goods or services.

Advertising 57

Advertising Advertising Trademark Branding 57

Patently-O

MAY 5, 2024

by Dennis Crouch In its initial decision, the TTAB dismissed iFIT’s opposition to ERB’s I-FIT FLEX registration — finding no likelihood of confusion because the goods were in separate markets. ERB Industries applied to register I-FIT FLEX for protective and safety eyewear sold at hardware stores such as Home Depot.

Branding 62

Branding Brands Branding Marketing 62

43(B)log

JANUARY 5, 2024

2024 WL 22039, No: 6:20-cv-2354-GAP-EJK (M.D. 2, 2024) Some interesting comments on when individual instances of “confusion” don’t count, as well as their relevance to evaluating out-of-court social media etc. Plaintiff has seven registered trademarks involving Florida Virtual School or FLVS; two of the registrations are incontestable.

Branding 57

Branding Brands Branding Marketing 57

Corsearch

MARCH 13, 2023

The copyright for one of the first depictions of Mickey Mouse will expire in 2024. Why Mickey Mouse is still protected The copyright on Steamboat Willie is set to expire in January 2024. So, will other content creators, brands, and consumers be able to use Mickey Mouse in their own works? So, why aren’t Disney concerned?

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

Kluwer Copyright Blog

OCTOBER 30, 2023

These are currently expected to be heard by September / October of 2024. Lidl is described in the judgment as a “discounter” supermarket: it focuses on own-branded products and a “more curated selection of goods thus enabling greater control over price” (Paragraph [51]). The precise details of what is being appealed is not yet known.

Copyright 58

Copyright Copying Branding Brands 58

43(B)log

APRIL 29, 2024

Kitchen Cube LLC, 2024 WL 1829620, No. 17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. Other defendants manufactured and sold the Cube with their unique branding through Kitchen Cube’s affiliate program. False advertising: Only ok against Kitchen Cube.

False Advertising 57

False Advertising Advertising Advertising Copyright Infringement 57

The IPKat

JULY 12, 2024

The ‘brat’ phenomenon: Exploring cultural influence and IP dynamics by Spyridon Sipetas Summer 2024 has officially been proclaimed as ‘brat summer’. Charli’s 6th studio album ‘Brat’, released on June 7th 2024, was promoted following a simple - yet, apparently, effective - approach: heavy use of a ‘radioactive’ shade of green, f.k.a.

Social Media 67

Social Media IP Branding Brands 67

IP Intelligence

MAY 9, 2024

Color marks are considered inherently nondistinctive for the purpose of eligibility for federal trademark registration. Post originally sought registration of trade dress comprising both the shape and colors of its Fruity Pebbles cereal. 2] The Board found Post’s evidence insufficient to show the mark has acquired distinctiveness.

Advertising 98

Advertising Advertising Trademark Registration 98

The TTABlog

JANUARY 26, 2024

The Board granted a petition for cancellation of a registration for the mark FREEDOM PARTY for "organizing and conducting dance parties" on the ground that Respondent Hyman was not the sole owner of the mark when he filed his underlying use-based application. 92068029 (January 12, 2024) [not precedential] (Opinion by Judge Thomas W.

Registration 64

Registration Ownership Advertising Advertising 64

SpicyIP

MAY 20, 2024

Highlights of the Week Announcing the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law Prof (Dr.) Shamnad Basheer’s 48th birth anniversary today, we are excited to announce the 2024 Shamnad Basheer Essay Competition on IP Law! Drop a comment below to let us know. On the occasion of Prof.

Trademark 45

Trademark Advertising Advertising Copyright 45

43(B)log

JANUARY 19, 2024

2024 WL 195999, No. 18, 2024) The court, grappling with the Fifth Circuit’s rather inconsistent law on misdirected communications, denies a preliminary injunction (subject easily guessable by party names). It has a registration for its logo, comprising stylized wording and a graphic of roads. Rampart Resources, Inc.

Advertising 57

Advertising Advertising Branding Brands 57

SpicyIP

DECEMBER 24, 2023

UK Supreme Court Confirms No Patent for “AI-invented” Inventions Image from here On December 20, the UK Supreme Court affirmed its previous decision to deny registration to inventions by Dr. Stephen Thaler’s AI DABUS, holding that an AI software cannot be listed as an inventor. SpicyIP intern Vedika discusses this development. and Ors. ,

Registration 52

Registration Trademark Copyright Registering Trademarks 52

43(B)log

FEBRUARY 21, 2024

2024 WL 665181, No. 16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. Peloton’s core brand is Peloton. Numerous leading brands, such as Apple (Apple TV+) and Disney (Disney+), had already adopted ‘+’ for their line expansions.” World Champ Tech LLC v.

Marketing 57

Marketing Marketing Trademark Branding 57

43(B)log

APRIL 15, 2024

3d - , 2024 WL 1083462, No. 12, 2024) GMP is a nonprofit focused on sustainable butchery and meat production practices. The court denies a preliminary injunction on the trademark claims based on lack of likely success on the merits, but declines to dismiss either infringement or false advertising claims. Good Meat Project v.

False Advertising 62

False Advertising Advertising Advertising Marketing 62

SpicyIP

FEBRUARY 19, 2024

Case Summaries Hmd Mobile India Private Limited vs Mr Rajan Aggarwal & Anr on 9 February, 2024 (Delhi HC) image from here The Plaintiff had filed a petition under Section 50 of the Copyright Act, 1957 for expunging the copyright registration against the Defendant. Sun Pharma Laboratories Ltd. vs Dabur India Ltd. &

Invention 105

Invention Music Art Patent Application 105

IP and Legal Filings

FEBRUARY 7, 2023

In an effort to connect with a younger, tech-savvy consumer base, more and more firms are deciding to debut their products and advertise them electronically through the Metaverse. Their rights will be protected thanks to the metaverse brands’ trademarks. It might be more difficult than ever in the metaverse to police brands.

Trademark 87

Trademark Non-Fungible Tokens Branding Brands 87

SpicyIP

DECEMBER 12, 2023

The matter is listed before the court on 22 March 2024. states that “The brand names serve as information ‘chunks’. Given, only a familiar brand name, a host of relevant and important information can be efficiently called into consciousness.” Comments It can be argued that ‘makemytrip’ started of as a descriptive mark.

Trademark 59

Trademark Branding Brands Branding 59

SpicyIP

DECEMBER 30, 2023

Eventually, Johnson and Johnson announced that it would no longer enforce their patents for Bedaquiline (brand name: Sirturo) which is used in the treatment of multidrug-resistant tuberculosis (MDR-TB) in 134 low- and middle-income countries. The rejection order is authored by Dr. Latika Dawara, Asst. First, in Toyota v.

IP 124

IP Copyright Trademark Intellectual Property 124

Patently-O

DECEMBER 12, 2021

. § 1052(c) provides, in pertinent part, that the PTO must deny federal registration to a trademark if it “[c]onsists of or comprises a name, portrait, or signature identifying a particular individual except by his written consent….”

Registration 69

Registration Government Advertising Advertising 69