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?

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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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LexBlog IP

FEBRUARY 7, 2024

It includes many rules, several of them directed at the language of business in Quebec, and some regarding the use of French on both product packaging and signage/advertising. Presently, all product labelling and commercial signs appearing in Quebec must be in French – but the Charter provides certain exceptions for trademarks.

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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.

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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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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, why aren’t Disney concerned? Steamboat Willie, released in 1928, was the first story to feature beloved Disney character Mickey Mouse.

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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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SpicyIP

APRIL 15, 2024

Controller of Patents: Foreign Disclosure requirement and Patent (Amendment) Rules, 2024 Recently, the DHC imposed costs worth INR 1 Lakh on Google for concealing information about the rejection of its foreign patent applications corresponding to the application filed in India. Read on to know more. Google LLC v.

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Fair Use Licensing Trademark Patent Application 59

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. The district court enjoined further infringing uses of Hetronic trademarks “within and outside of the United States.”

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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

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.

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SpicyIP

JANUARY 22, 2024

Recently the DHC held that conducting the DUS testing is essential before a plant variety application can be advertised. Aslam on 16 January, 2024 (Calcutta High Court) Calcutta High Court vacated an earlier interim injunction order finding that the plaintiff guilty of suppressing material facts. Vedika writes on this order.

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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.

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The TTABlog

MARCH 5, 2024

90518181 (February 27, 2024) [not precedential] (Opinion by Judge Christopher C. Our law recognizes that the existence of a design patent for the very design for which trademark protection is sought “presumptively. Welch 2024. This post will aim to hit the high points of the 44-page opinion. In re JM4 Tactical, LLC , Serial No.

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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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LexBlog IP

MARCH 15, 2024

Throughout the twentieth century, many newspapers, advertisements, magazines, textbooks, and other reference materials used the term “red gold” to describe the gold-copper combination. Text of Solid 21 v Breitling, 22-366 (2d Cir March 14, 2024). From the decision: “Left untouched, pure gold is yellow.

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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.

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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).

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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. Bensalem , 92 F.4th 4th 1113 (Fed.

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Garrigues Blog

OCTOBER 11, 2022

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. How will the registration process work in practice?

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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. puff rice balls and other shapes).

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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.

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Kluwer Copyright Blog

OCTOBER 30, 2023

These are currently expected to be heard by September / October of 2024. Trade mark infringement Lidl relied on various registrations for each of: the Mark with Text, and the Wordless Mark. Subsequent registrations of the Wordless Mark were also found to be invalid for bad faith. The judgment focused on the Mark with Text.

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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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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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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?

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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? 14 [Submissions by February 29, 2024] NALSAR’s Indian Journal of Intellectual Property Law (IJIPL) is inviting submissions for its 14th Volume. The last date for submission of entries is February 29, 2024.

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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.

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Registration Trademark Copyright Registering Trademarks 52

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. Welch 2024. The district court had also found the configuration to be de jure functional.

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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. Trademark Rule 2.52. Welch 2024. Evidence of third-party multi-colored cereals and Internet references to "rainbow-colored" cereals undermined Post's claim of acquired distinctiveness. Read comments and post your comment here.

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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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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+.” 21-cv-03202-LB (N.D.

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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. GMP owns two federally registered trademarks: the “GOOD MEAT” standard character mark and the “GOOD MEAT BREAKDOWN” design mark. This actually should have ended the inquiry: no mark, no trademark infringement.

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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.

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SpicyIP

DECEMBER 12, 2023

The matter is listed before the court on 22 March 2024. The statutory threshold for proving trademark dilution is pegged higher when compared to trademark infringement and passing off. The statutory threshold for proving trademark dilution is pegged higher when compared to trademark infringement and passing off.

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The TTABlog

JANUARY 2, 2024

Fails to Function as a Trademark for Ornamental Novelty Pins, Says TTAB Precedential No. KEEP AMERICA GREAT! 33: TTAB Reverses Failure-to-Function Refusal of "FOLLOW THE LEADER" for Credit Card and Travel Services Genericness: TTAB Finds "STREAM THEATERS" Generic For.

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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. Instagoods refused to consent to the request, but the Board found that Instagram established “good cause” under Trademark Rule 2.120(c)(1).

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