The TTABlog

JANUARY 17, 2024

92075496 (January 14, 2024) [not precedential] (Opinion by Judge Michael B. California claimed that its ring design mark is commercially strong, but its evidence did not relate solely to the ring mark. Nor did California put its advertising expenses "in context," i.e., in comparison with the expenditures of other banks.

Design 67

Design Designs Registration Service Mark 67

SpicyIP

SEPTEMBER 16, 2024

Soon after Yogesh’s blog recent post ( here ) highlighting the change in the Head of the IT office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM) in light of a 27 August 2024 notification ( pdf ), it made sense to look at the broader issues that have been facing the CGPDTM. 8398/2024). 8398/2024).

Advertising 99

Advertising Advertising Reporting Designs 99

LexBlog IP

JANUARY 31, 2024

However, a work’s copyright expiration does not extinguish any trademark rights that the owner may maintain in that same work. But it is important to remember that any existing trademark protection in them subsists. Further, Disney still owns valid copyright and trademark rights in other, more modern versions of Mickey Mouse.

Public Domain 52

Public Domain Trademark Copyright False Advertising 52

Garrigues Blog

APRIL 23, 2024

The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. regarding the use of the ZARA trademark, as previously discussed here.

Trademark 52

Trademark Advertising Advertising Trademark Law 52

The TTABlog

MARCH 5, 2024

Once again, the existence of a patent established the functional benefits of the design: it "enables the user to secure the holster within the waistband, and the gun within the holster, with minimal bulkiness and weight and with maximum comfort." 90518181 (February 27, 2024) [not precedential] (Opinion by Judge Christopher C.

Design Patent 70

Design Patent Design Designs Trademark 70

BYU Copyright Blog

JUNE 3, 2024

Logo,Pictorial Works,Work for Hire,University June 03, 11:35 AM June 03, 11:35 AM On May 15, 2024, Sophia Boyages (Plaintiff or Ms. Boyages presenting the art design to the working group, the University started using the logo in its products and advertised it as one of its brands. Complaint pg. According to Ms. Even if Ms.

Copyright 52

Copyright Art Social Media Design 52

SpicyIP

AUGUST 4, 2024

Highlights of the Week Comments on the Draft Trade Marks (Holding Inquiry and Appeal) Rules, 2024 Comments on the Draft Trade Marks (Holding Inquiry and Appeal) Rules, 2024 Read on below for the comments on the draft Rules by Rishabh Deshpande, Praharsh Gour, and Swaraj Barooah. This and much more in this SpicyIP Weekly Review.

Social Media 92

Social Media Trademark Licensing Music 92

Corsearch

MARCH 13, 2023

The copyright for one of the first depictions of Mickey Mouse will expire in 2024. Looking at the clip of Oswald below, you can clearly see elements of the character in Mickey’s modern design. Why Mickey Mouse is still protected The copyright on Steamboat Willie is set to expire in January 2024. So, why aren’t Disney concerned?

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

Technology & Marketing Law Blog

MARCH 5, 2024

The plaintiff paints fish, has a trademark in his name, “DeYoung,” and has registered copyrights. The plaintiff claims that Pixels’ users upload infringing images and refer to them by the trademark DeYoung. Trademark Infringement. Trademark Counterfeiting. eBay and Multi-Time Machine v.

Artwork 96

Artwork Trademark Publishing Marketing 96

The IPKat

MAY 26, 2024

GikII, an annual conference on law, technology and pop culture, has launched the call for papers for its 2024 edition. This year, the conference will be held on 4 and 5 September 2024 at University College London. On 23 November 2023 The Smiley Company (the Applicant) filed the trade mark application no.

Advertising 60

Advertising Advertising Technology Editing 60

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

The TTABlog

FEBRUARY 12, 2024

97406016 (February 8, 2024) [not precedential] (Opinion by Judge Cheryl S. The Board observed that "[a] term or word which merely describes the form or shape of a product falls under the proscription of Section 2(e)(1) of the Trademark Act. [ Welch 2024. How do you think this came out? In re What Do You Meme, LLC , Serial No.

Advertising 117

Advertising Advertising Trademark Designs 117

43(B)log

MARCH 14, 2024

2024 WL 1051951No. 11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! Double Diamond Distribution Ltd. Crocs, Inc., 23-cv-01790-PAB-KAS (D. The parties compete in the shoe market. Trade libel claims survived for the same reason.

False Advertising 59

False Advertising Advertising Advertising Branding 59

The TTABlog

APRIL 2, 2024

91255161 (March 29, 2024) [not precedential] (Opinion by Judge Elizabeth A. The mark consists of a three-dimensional configuration of the interior of a hex shaped box with a honeycomb configuration of seven interior hexagonal indentations on the bottom of the box and the design of a six point star, having flat points, on the top of the box.

Design 57

Design Designs Social Media Registration 57

Technology & Marketing Law Blog

MARCH 6, 2024

And although Plaintiff also alleged Defendants marketed, advertised, and sold merchandise bearing his copyrighted illustrations. Judge Morris correctly concluded that “Rule 8 requires more”—Plaintiff did not, for example, allege that Defendants “design[ed], manufacture[d] or even select[ed] the products on their website.”

Copyright 98

Copyright Trademark Law Publishing Copyright Infringement 98

SpicyIP

MARCH 11, 2024

A Case of Reverse Passing Off: DHC Rules In Favour Of Western Digital On Trademark Infringement Recently, the DHC passed an ex-parte interim injunction order against Geonix, holding them prima facie liable for indulging in ‘reverse passing off’ by selling Western Digital’s hard disks as their own.

Trademark 59

Trademark Registration Copyright Patent 59

Technology & Marketing Law Blog

JANUARY 30, 2024

” Direct Trademark Infringement. ” In support of Printify’s position, the court summarizes: Printify does not design the products, does not manufacture or print the products, and does not ship the products. ” Contributory Trademark Infringement. 2024 WL 283641 (S.D.N.Y. Redbubble, Inc.

Publishing 74

Publishing Trademark Designs Design 74

Technology & Marketing Law Blog

FEBRUARY 18, 2024

” The court explains: as in Twitter, the Alibaba Defendants’ acts — such as promotional emails advertising Merchant Defendants’ products — are primarily if not wholly algorithmically-generated. 19885566 Store, 2024 WL 532290 (S.D.N.Y. 9, 2024) Prior Blog Posts on the SAD Scheme N.D. That’s a weird posture.

Blogging 85

Blogging Advertising Advertising Trademark 85

43(B)log

JULY 15, 2024

StockX LLC, 2024 WL 3361411, No. 10, 2023) Nike sued over StockX’s use of Nike trademarks on StockX NFTs without Nike’s consent and alleged sales of counterfeit Nike sneakers despite allegedly guaranteeing that all products sold by StockX were authentic. Nike, Inc. 22-CV-0983 (VEC) (S.D.N.Y.

False Advertising 69

False Advertising Branding Branding Brands 69

Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. 4) Social media “defective design” lawsuits go forward.

Law 101

Law Social Media Advertising Advertising 101

IP and Legal Filings

SEPTEMBER 2, 2021

Trademarks, industrial designs, and domain names are examples of IPs interrelated to multiple aspects of the Olympic games. This implies that the Treaty prevents the usage of the Olympic symbol on any goods, advertisements or websites that are unaccredited by the IOC. This Olympic torch was protected as an industrial design.

Intellectual Property 52

Intellectual Property Marketing Marketing Advertising 52

IPilogue

JANUARY 21, 2022

billion USD by 2024. Game publishers can decide what teams/players may compete, who may host tournaments, and how tournaments are advertised and broadcasted. There is no question that the virtual gaming and e-sports industry has seen exponential growth in the last decade or so.

Publishing 110

Publishing Intellectual Property IP Licensing 110

43(B)log

AUGUST 27, 2024

2024 WL 3691607, No. 7, 2024) Daubert motions for this case. Plaid’s consumer confusion expert, Dhar, used a “consumer journey approach,” designed to mimic what users would be seeing when deciding whether to buy or use a given product or service. That just wasn’t sufficiently tied to the trademark claims.

Branding 52

Branding Branding Brands False Advertising 52

43(B)log

JUNE 3, 2024

2024) The court of appeals affirmed summary judgment in favor of KIND on Bustamante’s false advertising consumer protection class action claims based on KIND’s “All Natural” labeling. Bustamante v. KIND, LLC, 100 F.4th 4th 419 (2d Cir. The FDA’s own request for comments also demonstrated lots of varied understandings.

False Advertising 64

False Advertising Branding Branding Brands 64

SpicyIP

NOVEMBER 26, 2023

Glaxo Group Limited vs Naresh Kumar Goyal, Trading on 22 November, 2023 (Delhi High Court) In this case a rectification petition was filed simultaneously with the suit alleging trademark infringement and the defendant took a defence of registration of the impugned mark in the written submission. Controller of Patents.

Trademark 59

Trademark Registration Invention Social Media 59

The TTABlog

APRIL 17, 2024

April 15, 2024). Citing Wal-Mart , the court observed that trademark law does not protect "product designs that lack distinctive meaning as a source identifier." That same principle applies to trademark registration. The district court had also found the configuration to be de jure functional. TBL Licensing v.

Design 62

Design Designs Advertising Advertising 62

Garrigues Blog

OCTOBER 11, 2022

This is why a GI usually includes the designation of the place of origin. In the Member States, non-agricultural products are protected by legislation on unfair competition or misleading conduct, and also by trademark legislation which provides some protection through collective and guarantee marks.

Registration 52

Registration Marketing Marketing Designs 52

Kluwer Copyright Blog

OCTOBER 30, 2023

These are currently expected to be heard by September / October of 2024. The judge accepted Lidl’s evidence of a campaign by Lidl designed to show consumers that Tesco’s Clubcard prices were not in fact price-matched to those of Lidl. In September 2023, the Court of Appeal allowed appeals, apparently from both parties.

Copyright 57

Copyright Copying Designs Design 57

IP Intelligence

MAY 9, 2024

The Trademark Trial and Appeal Board’s (Board) precedential decision to uphold a refusal to register a proposed color mark in In re Post Foods, LLC [1] highlights the strategic and technical aspects involved in registering a color trademark as applied to a product. Post then appealed the examiner’s refusal to the Board.

Advertising 98

Advertising Advertising Trademark Registration 98

SpicyIP

MAY 20, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the Law Commission’s Report on Trade Secrets and Economic Espionage, DHC’s decisions on working examples, writ jurisdiction of the pre-grant oppositions, and the Viagra-Vigoura trademark dispute. This and much more in last week’s SpicyIP Weekly Review.

Trademark 45

Trademark Advertising Advertising Copyright 45

SpicyIP

JULY 22, 2024

Here is our recap of last week’s top IP developments including summary of the posts on the “origin” of Khadi, an empirical study on the ways “scandalous” and “obscene” marks are prosecuted by the Trademark Registry, quia timet injunction in Roche v. This and much more in this SpicyIP Weekly Review. Anything we are missing out on?

Registering Trademarks 80

Registering Trademarks Licensing Trademark Advertising 80

43(B)log

MARCH 6, 2024

2024 WL 898941, No. 1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. NYU Langone Health Sys. Northwell Health, Inc.,

False Advertising 59

False Advertising Advertising Advertising Reporting 59

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. This demonstrates the succinctness and simplicity of the Metaverse’s trademarking mechanism. What is the Metaverse?

Trademark 90

Trademark Non-Fungible Tokens Branding Branding 90

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 100

Invention Music Art Patent Application 100

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. GMP owns two federally registered trademarks: the “GOOD MEAT” standard character mark and the “GOOD MEAT BREAKDOWN” design mark. Good Meat Project v. GOOD Meat, Inc., 23-cv-04145-RFL (N.D.

False Advertising 64

False Advertising Advertising Advertising Marketing 64

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). Rampart Resources, Inc. Rampart/Wurth Holding, Inc., 23-6895 (E.D. Rampart Resources was founded in 1989 in Baton Rouge.

Advertising 59

Advertising Advertising Branding Branding 59

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. It sued Peloton for trademark infringement and other claims after the defendant launched a new line of interactive stationary bicycles under the name “Peloton Bike+.” World Champ Tech LLC v.

Marketing 59

Marketing Marketing Trademark Registration 59