The TTABlog

FEBRUARY 8, 2024

The Board sustained eBay's opposition to registration of the mark shown first below, for advertising and payment processing services, finding confusion likely with the registered and well-known mark EBAY in standard character form and the stylized version shown second below, for legally identical services. Welch 2024.

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43(B)log

FEBRUARY 17, 2025

Skillz sued its competitor Papaya, alleging false advertising under federal and state law. A 2024 letter to our community stated that the company was committed to rooting out and eradicating cheaters, bad players, and bots, and that its games would include No unfair bots, not ever. Skillz Platform Inc. Papaya Gaming, Ltd.,

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False Advertising Advertising Advertising Trademark 52

43(B)log

FEBRUARY 26, 2024

Arm or Ally, LLC, 2024 WL 756474, No. 23, 2024) The AG sued sellers of “unfinished frames and receivers” — also known as “80% lowers” or “receiver blanks” —designed to evade restrictions on gun sales. came in the midst of other advertising language, such as “Various colors available,” and “no RED TAPE. State of N.Y. It was not.

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The TTABlog

AUGUST 19, 2024

In a "somewhat unusual" Section 2(d) cancellation proceeding targeting a Supplemental Register registration and involving "dueling claims of acquired distinctiveness," the Board granted a petition for cancellation of Fieldvine's Inc's registration for the mark PERMITS.COM for construction permit services. State Permits, Inc.

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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.

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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. Welch 2024. UBANK (TN) v.

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SpicyIP

FEBRUARY 4, 2025

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. The vehicle was further tested in January 2024 after successful completion of the development stage. sued Mahindra Electric Automobile Ltd.

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Trademark Marketing Marketing Trademark Law 107

Selvam & Selvam Blog

DECEMBER 6, 2024

In a recent dispute between Indias largest airline, IndiGo, and automobile manufacturer Mahindra Electric, ( Interglobe Aviation Vs Mahindra Electric Automobile Ltd, DHC – CS(COMM) 1073 / 2024) the issue surrounded the alpha numeral 6E. IndiGo has also secured registration for the word mark 6E Link under multiple classes in 2015.

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43(B)log

AUGUST 27, 2024

2024 WL 3687956, No. 7, 2024) PNC is “a large, diversified financial institution offering retail and wholesale banking services,” while Plaid connects cash payment and investment account applications like Venmo, Robinhood, and Coinbase with a user’s banks. PNC Financial Services Gp. 2:20-cv-1977 (W.D. I attempt to reconnect.

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The TTABlog

OCTOBER 3, 2024

s claim of acquired distinctiveness failed, but the court remanded the applications to the Office "to permit supplemental registration of SPECTACLES both as a word and stylized mark." Likewise, the limited evidence of advertising expenditures and gross sales revenues is "superficially probative of secondary meaning, too." Welch 2024.

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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. Anything we are missing out on?

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Social Media Trademark Licensing Music 105

43(B)log

APRIL 29, 2024

2024 WL 1772833, No. 23, 2024) Skipping the copyright and trade secrets part of the case. (In False advertising: Meishe pointed to statements defendants made in their copyright notice at tiktok.com, in the ByteDance Code of Conduct, in TikTok’s Intellectual Property Policy, and in TikTok’s terms of service. Tiktok Inc.,

False Advertising 59

False Advertising Intellectual Property Copyright Notice Advertising 59

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.

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SpicyIP

NOVEMBER 18, 2024

Alpino Health Foods Recently, the DHC passed an order prima facie finding that Marico’s “Saffola oats” TM was “generically disparaged” by Alpino’s advertisements. Deepali Vashist and Praharsh write on this order, explaining how the Court left the question about the organizer unaddressed. Case Summaries M/S.

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The TTABlog

SEPTEMBER 20, 2024

91273170 (September 18, 2024) [not precedential] (Opinion by Judge Thomas L. The Goods: The Board noted that not one of opposer’s registrations identifies barbecue grills, and opposer’s CEO acknowledged that it “does not now sell barbe[c]ue grills.” Nomad Goods, Inc. Nomad Grill LLC , Opposition No. Casagrande).

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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. &

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The TTABlog

OCTOBER 1, 2024

91284247 (September 23, 2024) [precedential]. 1119 "in the nature of 'sanction[ing Opposer] and cancel[ing] its marks.'" [Reminder: Registrations are cancelled, not marks - ed. ]. So who's the bully here? Monster Energy Company v. Herman Jones , Opposition No. With respect to the “athlete development program, namely, athlete training.

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The TTABlog

AUGUST 14, 2024

The Board denied this petition for cancellation of a supplemental registration for the color mark (red-white-and-blue) shown below left, for "metal fence posts," finding confusion unlikely with the registered color mark (red top) shown below right for "metallic fence posts." Welch 2024. DBA Franklin Industries , Cancellation No.

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The IPKat

SEPTEMBER 30, 2024

In a recent decision ( [2024] EWHC 2282 (Ch) ) on trade mark revocation and infringement , the High Court of England & Wales (the Court) held that there was no likelihood of confusion between "easylife" marks, owned by the EasyGroup, and "easylive" marks. The Court disagreed.

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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. The course is delivered both offline and online, and the registration is available here.

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The IPKat

NOVEMBER 23, 2024

The case concerned the Australian trade mark registration for the words "KATIE PERRY" (No. The case concerned the Australian trade mark registration for the words "KATIE PERRY" (No. Her management team set up a web-store by 24 September 2008 to advertise and sell such merchandise. Wikimedia : Creative Commons Attribution 2.0

Cease and Desist 71

Cease and Desist Registration Brands Branding 71

The TTABlog

SEPTEMBER 4, 2024

97546404 (August 30, 2024) [not precedential] (Opinion by Judge Robert H. As to the latter group of registrations, the Board must presume that they encompass all such goods, including "mascara." Moreover, the application and cited registration encompass low-priced goods that may be purchased on impulse. Welch 2024.

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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. Welch 2024. TBL Licensing v. Vidal , Appeal No. 23-1150 (4th Cir.

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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). Welch 2024. Not good enough, said the Board. Opposition No.

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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 71

Social Media IP Brands Branding 71

The TTABlog

OCTOBER 28, 2024

The Board granted PepsiCo's petitions for cancellation of three registrations for the mark ROCKSTAR for nutritional supplements and related products, and sustained an opposition to two applications for snack items and pickles, finding confusion likely with PepsiCo's identical mark for energy drinks. Welch 2024. Text Copyright John L.

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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.

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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. Welch 2024. How do you think this came out? Nemiroff Intellectual Property Establishment v.

Registration 45

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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.

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Garrigues Blog

JULY 15, 2024

Seniority of the trademark registration in Peru or abroad. 330-2024/TPI of March 20, 2024). 330-2024/TPI of March 20, 2024). Principle of territoriality : well-known trademarks are protected beyond the boundaries of the country where they are registered or being used. Sales and income of the trademark holder.

Trademark 52

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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.

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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. Welch 2024. How do you think this came out? In re Caymus Vineyards , Serial No.

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The TTABlog

JULY 18, 2024

In a 95-page opinion, the Board sustained this opposition to registration of the mark INSTASIZE for "Downloadable mobile applications for photo editing," finding confusion likely with the registered mark INSTAGRAM for "Downloadable computer software for modifying the appearance and enabling transmission of photographs." Welch 2024.

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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. Copyright Copycat? Complaint pg. According to Ms.

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Copyright Art Social Media Design 52

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. The trademark registration safeguards the owner’s rights and establishes the business’s legal standing.

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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. Welch 2024. In re Fumari, Inc. Casagrande).

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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. Welch 2024. How do you think this came out?

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