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.

Advertising 52

Advertising Advertising False Advertising Designs 52

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.

Advertising 62

Advertising Advertising Registration Designs 62

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91273170 (September 18, 2024) [not precedential] (Opinion by Judge Thomas L. The Goods: The Board noted that not one of opposer’s registrations identifies barbecue grills, and opposer’s CEO acknowledged that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).

Registration 67

Registration Advertising Advertising Marketing 67

Technology & Marketing Law Blog

JUNE 8, 2024

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. ” But the trademark registration was over 5 years old, so it had become “incontestable.” ” That prompted this litigation. ” The right answer should be “no one.”

Trademark 106

Trademark Advertising Advertising False Advertising 106

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. 4, 2024) (precedential). [2] puff rice balls and other shapes). 88857834 (TTAB Jan.

Advertising 98

Advertising Advertising Trademark Registration 98

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.

Advertising 67

Advertising Advertising Registration Music 67

Technology & Marketing Law Blog

JUNE 20, 2024

It then went further and used the photo to promote the robe: In 2023, Sunny Khachatryan obtained a copyright registration for “Brave’s” photo. Other arguments fail because “there is value in Minor Plaintiffs’ image and likeness, which Defendants then used for the purpose of commercial advertising and sales.

Social Media 104

Social Media Copyright Licensing Advertising 104

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.

Registration 62

Registration Advertising Advertising Copyright 62

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.

Law 62

Law Registration Advertising Advertising 62

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.

Service Mark 67

Service Mark Registration Licensing Advertising 67

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.

Advertising 64

Advertising Advertising Registration Branding 64

The IPKat

OCTOBER 31, 2024

The case might well be the first application of the recently adopted Regulation (EU) 2024/1143 on geographical indications for wine, spirit drinks and agricultural products. registration documents), this is a PGI for a “7-9 cm long sausage”. According to the product specifications (i.e. 13(1)(b), now Art. 13(1)(c), now Art.

Art 64

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

Advertising 57

Advertising Advertising Registration Marketing 57

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 44

Registration Advertising Advertising Marketing 44

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

Trademark Intellectual Property Registration Marketing 52

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.

Registration 67

Registration Advertising Advertising Trademark 67

The IPKat

NOVEMBER 11, 2022

Bobo Vieri during his Juventus tenure Can the unauthorized production (minting), advertising, and offer for sale of a non-fungible token (NFT) infringe one’s own trade mark rights? While Vieri had authorized the use of his image (until 2024), Juventus had not granted any authorization. decision on 20 July 2022, case No 32072/2022 ).

Non-Fungible Tokens 145

Non-Fungible Tokens Advertising Advertising Registration 145

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.

Advertising 60

Advertising Advertising Technology Editing 60

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.

Trademark 63

Trademark Cease and Desist Music Copyright 63

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.

Copyright 52

Copyright Art Social Media Designs 52

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 51

Registration Marketing Marketing Advertising 51

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.

Editing 67

Editing Registration Advertising Advertising 67

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.

Registration 51

Registration Trademark Advertising Advertising 51

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.

Design 62

Design Designs Advertising Advertising 62

The TTABlog

JULY 26, 2024

97299114 (July 24, 2024) [not precedential] (Opinion by Judge Michael B. This is clear from the third-party service mark, trade name and descriptive uses discussed above, and from Applicant’s prior Supplemental Register registration, as well as her disclaimer of “SOLAR” and Section 2(f) claim in her original application. Welch 2024.

Service Mark 48

Service Mark Advertising Advertising Registration 48

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

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 62

Television Registration Advertising Advertising 62

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 57

Designs Design Social Media Registration 57

The TTABlog

NOVEMBER 13, 2024

90784139 (November 6, 2024) [not precedential] (Opinion by Judge Lawrence T. A service mark specimen consisting of advertising or promotional materials generally must show a “direct association” between the mark and the services for which registration is sought. Welch 2024. In re Yachtly Inc. Stanley, Jr.).

Service Mark 57

Service Mark Business Advertising Advertising 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 Branding 67

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).

Social Media 62

Social Media Advertising Advertising Registration 62

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?

Registration 51

Registration Marketing Marketing Advertising 51

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. Welch 2024. How do you think this came out? In re Brunvoll and Associates LLC , Serial No.

Registration 67

Registration Service Mark Advertising Advertising 67

The TTABlog

OCTOBER 2, 2024

97325462 (September 26, 2024) [not precedential] (Opinion by Judge Robert Lavache). The Board noted that product packaging trade dress and trade dress for services can be inherently distinctive, but here inherent distinctiveness was not at issue because Applicant sought registration under Section 2(f). Welch 2024. In re Erik M.

Service Mark 73

Service Mark Social Media Intellectual Property Law Intellectual Property 73

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 67

Designs Design Registration Service Mark 67

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 124

Copyright Trademark Copyright Infringement Registration 124