The TTABlog

JULY 19, 2024

90502617 (July 17, 2024) [precedential] (Opinion by Judge Robert H. careful, sophisticated purchasing" - Samsung argued that its goods, as components, are sold exclusively to manufacturers of finished products, whereas registrant's goods are finished products themselves and may be purchased separately by retail consumers. Welch 2024.

Television 56

Television Registration Advertising Advertising 56

The TTABlog

MARCH 12, 2024

The Board granted a petition for cancellation of a registration for the mark MRS. COLORADO , finding that Respondent Abundance Productions had not used the mark in commerce in connection with "Entertainment in the nature of beauty pageants" on or before the filing date of the underlying application. Emphasis supplied]. Wandel Mach.

Service Mark 64

Service Mark Registration Licensing Advertising 64

The TTABlog

APRIL 19, 2024

The Board sustained this opposition to registration of the proposed mark WOOLWAX for "corrosion inhibitors in the nature of a coating; rust preventatives in the nature of a coating" and for "all purpose lubricants," on the ground of mere descriptiveness under Section 2(e)(1). Text Copyright John L. Welch 2024. Opposition No.

Advertising 56

Advertising Advertising Registration Marketing 56

The TTABlog

APRIL 18, 2024

91244891 (April 11, 2024) [not precedential] (Opinion by Judge Thomas W. Oddly, Opposer pleaded 35 registrations, 27 of which have been cancelled. The Board focused on one of the pleaded, live registrations, as noted above. Text Copyright John L. Welch 2024. How do you think this came out? Wellington).

Registration 43

Registration Advertising Advertising Marketing 43

Corsearch

MARCH 13, 2023

The copyright for one of the first depictions of Mickey Mouse will expire in 2024. Copyright © Walt Disney Animation Studios Interestingly, Mickey started as a character known as “Oswald the Lucky Rabbit”. Copyright protection is usually granted for 95 years to works published between 1923 and 1977. Steamboat Willie.

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

SpicyIP

JULY 8, 2024

Here is our recap of last week’s top IP developments including summary of the posts on the DHC’s direction to frame a code of conduct for Patent and Trademark Agents, MHC’s decision on prior arts, and the settlement between Dabur and Dhruv Rathee of their trademark and copyright dispute. Anything we are missing out on?

Invention 59

Invention Art Trademark Patent Application 59

SpicyIP

MARCH 11, 2024

Case Summaries Therelek Machines Private Limited vs Therelek Engineers Private Limited on 28 February, 2024 (Karnataka High Court) The petitioner challenged the rejection of its interim application under Section 124 of the Trade Marks Act, seeking a stay in a suit for trademark infringement.

Trademark 59

Trademark Registration Copyright Patent 59

The TTABlog

APRIL 2, 2024

The Board dismissed this opposition to registration of a mark comprising the product configuration of boxes for storing board game components or dice, rejecting Opposer Chris Taylor's claims of de jure functionality and lack of acquired distinctiveness. 91255161 (March 29, 2024) [not precedential] (Opinion by Judge Elizabeth A.

Designs 56

Designs Design Social Media Registration 56

SpicyIP

APRIL 15, 2024

Looking at the AP HC’s Curious Decision on Textbooks and Copyright In a significant decision, the AP High Court made some curious findings on copyright and educational material. Is Every ‘Educational Use’ a ‘Fair Use’? Yogesh argues that the reasoning adopted by the Court is problematic and unreasonable. Read on to know more.

Fair Use 59

Fair Use Licensing Trademark Patent Application 59

SpicyIP

JANUARY 22, 2024

Do read our summaries of the post on the history of IP teaching in India, some pressing questions arising out of a recent patent prosecution proceeding, and Bombay High Court’s interpretation of Section 60, Copyright Act. Section 60 of the Copyright Act: Finally, Some Answers(?) Read this guest post by Suriya Balakanthan to know more.

Patent Prosecution 59

Patent Prosecution Music IP Registration 59

The TTABlog

FEBRUARY 27, 2024

The USPTO refused registration of the mark TABLEAU for wine, finding confusion likely with the identical mark registered for "restaurant and bar services; cocktail lounges." 97040804 (February 22, 2024) [not precedential] (Opinion by Judge Wendy B. Text Copyright John L. Welch 2024. How do you think this came out?

Registration 49

Registration Trademark Advertising Advertising 49

The TTABlog

JANUARY 30, 2024

90897101 (January 22, 2024) [Not precedential] (Opinion by Judge Melanye K. The Board gave the cold shoulder to MetaBev's assertion that its hard seltzer and registrant’s beer are marketed to different consumers, in different areas of stores. TTABlogger comment: Note the differing treatment of the third-party registration evidence.

Registration 49

Registration Marketing Marketing Advertising 49

The TTABlog

APRIL 24, 2024

88437933 (April 19, 2024) [not precedential] (Opinion by Judge Thomas L. According to Fumari, those two marks are like SPICED CHAI in that they are "vaguely evocative" of a flavor, and therefore those two registrations are "evidence" that the Board should reverse the refusal here. Text Copyright John L. Welch 2024.

Social Media 60

Social Media Advertising Advertising Registration 60

TorrentFreak

MAY 31, 2024

Amendments to Spain’s Copyright Act (Law No. Data just published, covering the first quarter of 2024, begins with an overview of the number of blocking applications filed by rightsholders since records began in 2012. From 2012 to Q1 2024, 909 applications were submitted, although just 11 of those during the first three months of 2024.

Music 78

Music Reporting Advertising Advertising 78

Kluwer Copyright Blog

OCTOBER 30, 2023

Copyright infringement – Copyright subsists in the Lidl logo and this was copied by Tesco in creating their Clubcard Price(s) signs. On copyright subsistence, the judge held that the Mark with Text is an artistic work, failing within the sub-category of “graphic works”. The judgment focused on the Mark with Text.

Copyright 58

Copyright Copying Branding Brands 58

The TTABlog

APRIL 22, 2024

91272724 (April 18, 2024) [not precedential] (Opinion by Judge Cheryl S. As to the strength of opposer's registered mark, two third-party registrations for non-food items were insufficient to dent the commercial strength of SUZY Q'S, and there was no evidence of use in the marketplace of SUZY or SUZY Q’S with cake. Welch 2024.

Branding 43

Branding Brands Branding Social Media 43

The TTABlog

JANUARY 31, 2024

97219378 (January 29, 2024) [Not precedential] (Opinion by Judge Angela Lykos). Competitors in the cruise ship field should be free to continue to use this merely descriptive language when describing their own cruise ship services to the public in advertising and marketing materials. Text Copyright John L. Welch 2024.

Registration 49

Registration Marketing Marketing Advertising 49

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. Text Copyright John L. Welch 2024.

Advertising 46

Advertising Advertising Branding Brands 46

The TTABlog

JANUARY 17, 2024

Banc of California petitioned to cancel a registration for the mark shown below left, on the ground of likely confusion with its registered mark shown below right, both for, inter alia , banking services. 92075496 (January 14, 2024) [not precedential] (Opinion by Judge Michael B. It all boiled down to the first DuPont factor.

Designs 64

Designs Design Registration Service Mark 64

The IPKat

SEPTEMBER 30, 2023

The short-listed candidates will have to send their essays before 15 February 2024. Registration closes on 12 October 2023. Copyright and AI News The Authors Guild and several prominent writers, including Jodi Picoult and George R.R. Candidates must send a one-page summary of the essay before 15 November 2023. Dr. Alexander J.

Intellectual Property 64

Intellectual Property Intellectual Property Management Editing IP 64

The TTABlog

MARCH 5, 2024

90518181 (February 27, 2024) [not precedential] (Opinion by Judge Christopher C. TTABlogger comment: Another trademark applicant shsot down while trying to extend protection for an out-of-patent invention by way of a potentially perpetual trademark registration. Text Copyright John L. Welch 2024.

Design Patent 67

Design Patent Designs Design Trademark 67

The IPKat

JANUARY 1, 2024

Their external appearance can be protected by copyright, design, trade mark or unfair competition law, though there are limits. The US copyright for Winnie the Pooh expired in 2021 and it will expire for the original (‘Steamboat Willie’) Mickey Mouse in 2024. here ), car advertisements ( here ) and Hollywood films.

Art 70

Art Music Journalism Marketing 70

SpicyIP

NOVEMBER 26, 2023

Though the defendant’s mark was also registered, the court reiterated that the prior use of the mark has to be protected and the registration will not have any bearing. The respondent had rejected the application holding that the mark is devoid of distinctive character and is ineligible for registration under Section 9(1)(a) or 9(1)(b).

Trademark 59

Trademark Registration Invention Social Media 59

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. Kitchen Cube cube Leszczynski sued for (1) copyright infringement; (2) violation of Creative Commons license terms; and (3) false advertising and misrepresentation.

False Advertising 57

False Advertising Advertising Advertising Copyright Infringement 57

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

The TTABlog

MAY 9, 2024

Respondent claimed, however, that petitioner's prior use resulted in "minimal market penetration," asserted that the challenged registration should survive with a carve-out granting rights to Petitioner that are geographically limited to Jellico, Tennessee, and argued laches as an affirmative defense. Text Copyright John L.

Registration 46

Registration Marketing Marketing Settlement 46

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

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

SpicyIP

DECEMBER 24, 2023

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. To read these, along with a round up of IP developments around the country, and world, read on below. Inventprise Inc.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

SpicyIP

DECEMBER 17, 2023

Ankit Sahni’s AI “Co-authored” Artwork Denied Registration by US, Continues to be Registered in India Can AI (co)author art? US Copyright Office says no to “RAGHAV”s work, even as the same work remains registered as a copyright in India. The last date for submission of entries is February 29, 2024.

IP 59

IP Trademark Advertising Advertising 59

The TTABlog

APRIL 17, 2024

April 15, 2024). That same principle applies to trademark registration. The lower court found that Timberland's advertising did not call attention to the features that were the subject of its trademark application, but rather depicted the entire boot. Text Copyright John L. Welch 2024. TBL Licensing v.

Designs 60

Designs Design Advertising Advertising 60

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

The TTABlog

JANUARY 9, 2024

In re Post Foods, LLC , 2024 USPQ2d 25 (TTAB 2024) [precedential] (Opinion by Judge Thomas V. The description of the mark makes no mention of “crisp rice cereal pieces,” but even if it did, we look to the identification of the goods, not the mark description, to define the scope of the goods for which registration is sought.

Advertising 70

Advertising Advertising Registering Trademarks Trademark 70

The TTABlog

FEBRUARY 2, 2024

Applicant argued that the cited mark is weak in view of third-party uses and registrations in the travel field, and so confusion is not likely. 90526989 (January 31, 2024) [Not precedential] (Opinion by Judge Robert H. Text Copyright John L. Welch 2024. How do you think this came out?

Registration 64

Registration Service Mark Advertising Advertising 64

The TTABlog

JANUARY 10, 2024

The Board granted a petition for cancellation of a registration for the mark CS for "amplifiers," finding that Respondent Peavey had discontinued use of the CS mark with intent not to resume use. mp3 files, example here ) constituted mere advertising material. Text Copyright John L. Welch 2023-2024. TTABlogged here ].

Advertising 70

Advertising Advertising Music Trademark 70

SpicyIP

DECEMBER 30, 2023

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. Thus clarifying that copyright in the screenplay exists independently of the copyright in the film. HarperCollins Publishers India Pvt. the licensee. Hari Shankar.

IP 124

IP Copyright Trademark Intellectual Property 124

Copyright Lately

OCTOBER 23, 2023

Trump is actively litigating a copyright infringement lawsuit over the Eddy Grant song “Electric Avenue” while trying to keep relevant deposition testimony in the case permanently under seal. ” So much for Trump having a basic understanding of copyright law. 14· · · · · Q.· ·Mr. 17· · · · · A.· ·I I don’t know.·

Copyright 96

Copyright Fair Use Music Copyright Infringement 96