IP and Legal Filings

MARCH 19, 2024

INTRODUCTION For consumer identification and brand protection a crucial mechanism is important which is served by trade mark law. However brands like fast food nation having managed to create a unique identity by incorporating the term into distinctive brand. [ii] Computer of computers, medicines names.

Branding 52

Branding Brands Branding Intellectual Property 52

The IPKat

MARCH 24, 2024

In addition to being works of scientific achievement, many luxury timepieces are artistic wonders with innovative designs, like some of the reportedly 100 000 (!) Brands like Rolex, Patek Philippe and Audemars Piguet hold rich trade mark and design portfolios and enforce their rights vigorously.

IP 67

IP Marketing Marketing Reporting 67

The IPKat

SEPTEMBER 24, 2023

by Antonios Baris and Spyridon Sipetas This September’s Fashion Week introduced us to the Spring/Summer 2024 collections of all major fashion houses and brought along with it the emergence of their new signature colours. People buy things not for what they can do, but also for what they mean” (Levy, 1959).

Branding 75

Branding Brands Branding Designs 75

Dragons' Den

FEBRUARY 9, 2024

Emma is a fashion designer and founder of denim company, Good American. She was hoping to tempt the Dragons to invest in her business, ORI Lifestyle, looking for a £60k investment from the Dragons for a 15% stake. What is its appeal to the market? Smooth operator The first entrepreneur to enter the Den was Titilolami Bello.

Blogging 52

Blogging IP Designs Design 52

The TTABlog

APRIL 18, 2024

91244891 (April 11, 2024) [not precedential] (Opinion by Judge Thomas W. Turning to the second DuPont factor, the similarity of the goods, opposer argued that the involved goods are related because tobacco products and alcohol are "complementary" in that they are marketed together for "simultaneous consumption." Welch 2024.

Registration 43

Registration Advertising Advertising Marketing 43

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! The parties compete in the shoe market. We are fiercely protective of the Crocs brand and our iconic DNA. Double Diamond Distribution Ltd. Crocs, Inc.,

False Advertising 57

False Advertising Advertising Advertising Branding 57

43(B)log

JULY 15, 2024

StockX LLC, 2024 WL 3361411, No. Nike claims that, despite those efforts, StockX sold a number of Nike-branded shoes that were counterfeits. Of course, a survey respondent could have easily reached the conclusion that the ‘inspection’ process was designed to weed out counterfeit products. Nike, Inc. 22-CV-0983 (VEC) (S.D.N.Y.

False Advertising 67

False Advertising Branding Brands Branding 67

Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

False Advertising 101

False Advertising Invention Advertising Advertising 101

SpicyIP

JULY 8, 2024

10 Days to the 2024 Shamnad Basheer Essay Competition Deadline! Another reminder for our eligible readers as only 10 days remain for the deadline of the 2024 Shamnad Basheer Essay Competition! We have already received some fascinating entries and cannot wait to read more! Microsoft Technology Licensing LLC v.

Invention 59

Invention Art Trademark Patent Application 59

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. Pixels.com, LLC , 2024 WL 885356 (W.D. Cite to Ohio State v.

Artwork 98

Artwork Trademark Publishing Marketing 98

TorrentFreak

JUNE 14, 2024

Today, some clone and mirror sites still exist for the same purpose but most fall off the end of a streaming site conveyor belt, to trade on the popularity of sites with known brands, generate confusion with similar domains, or both. Registered on January, 28, 2024, Irdeto.fr Yet amazingly, not at all frustrating today.

Copyright 89

Copyright Privacy Reporting Copying 89

43(B)log

FEBRUARY 22, 2024

20, 2024) According to the complaint, San Marzano tomatoes “originate[] from the town of San Marzano sul Sarno, near Naples, Italy.” San Marzano tomatoes “bear a special designation: D.O.P. Denominazione d’Origine Protetta, ‘Protected Designation of Origin’).” designation. designation.

Designs 67

Designs Design Branding Brands 67

IP and Legal Filings

MAY 24, 2024

The dispute revolved around an antediluvian luxury handbag brand ‘Hermès’ and artist Mason Rothschild for his avant-garde creation called MetaBirkin NFTs. However, it is unlikely that people with deep pockets who often find themselves in the waitlist for Hermès bags be fooled by virtual unaffiliated products in the NFT market.

Non-Fungible Tokens 82

Non-Fungible Tokens Art Trademark Branding 82

Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. The court explains: They describe steps in the process of fashion design and capture much (if not all) of the creative output that Gutman might produce in her role as a designer.

Social Media 81

Social Media Ownership Designs Design 81

The IPKat

APRIL 29, 2024

He said that the rational of the provision is “designed solely for the benefit of the rights holder, who is given the opportunity to develop and modernize his trademark without having to register a new trademark and without the risk of being penalized for lack of serious use”.

Reporting 56

Reporting IP Law Trademark 56

Technology & Marketing Law Blog

JANUARY 30, 2024

Printify doesn’t process consumer purchases for its merchants (except in its “Pop-Up Shops” offering) and doesn’t display its brand on any manufactured items. Sunfrog decision: there is no evidence in this record that Printify engages in any advertising or trains or encourages anyone to use infringing designs.

Publishing 77

Publishing Trademark Designs Design 77

SpicyIP

JANUARY 29, 2024

In a major development concerning the Ibrutinib patent, DHC restrains generic manufacturers from manufacturing and marketing the life-saving anti-cancer drug. Last date to Register: 29th February 2024 Case Summaries Premier Spg And Wvg Mills Pvt. But what about the public interest? Read Tejaswini’s post to know more.

Music 59

Music Intellectual Property Copyright IP 59

The IPKat

MAY 15, 2024

By decision of 8 May 2024 (T-320/23, only available in Spanish), the General Court (GC) confirmed that the sign "NOT MILK" is descriptive of the products in classes 29 and 32, and that the graphical elements do not significantly alter its descriptive nature. Nevertheless, the matter still seems to be evaluated on a case-by-case approach.

Registration 56

Registration Intellectual Property Trademark Branding 56

IIPRD

NOVEMBER 14, 2023

Musical Arts, designs, pictures, software, material, and many other sorts of Intellectual Property can be transferred using an e-commerce platform in the digital age. 1] Presently, multiple e-commerce platforms have emerged in the market which was predominantly ruled by Amazon and Flipkart.

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

IP and Legal Filings

MAY 8, 2024

Karanveer Singh Chhabra, emerges as a poignant saga, pitting the stalwarts of the liquor industry against each other in a quest for brand integrity and consumer trust. Whether the consumers of such products be able to differentiate between both brands? In this realm, the case of Pernod Ricard India Pvt.

Trademark 52

Trademark Intellectual Property Branding Brands 52

43(B)log

APRIL 5, 2024

2024 WL 1356220, No. 29, 2024) The court partially grants class certification and rejects motions to exclude experts. No other elderberry brand can make the same claim”; “Developed by a world renowned virologist, Sambucol® has been trusted by millions worldwide. PharmaCare U.S., 21cv137-JES (AHG) (S.D. versus 24.2%, or 27.7%

Branding 57

Branding Brands Branding Advertising 57

Kluwer Copyright Blog

OCTOBER 30, 2023

These are currently expected to be heard by September / October of 2024. Lidl is described in the judgment as a “discounter” supermarket: it focuses on own-branded products and a “more curated selection of goods thus enabling greater control over price” (Paragraph [51]). The precise details of what is being appealed is not yet known.

Copyright 58

Copyright Copying Branding Brands 58

LexBlog IP

JANUARY 25, 2024

.” [5] Applying this test, the Ninth Circuit upheld the lower court’s dismissal, rejecting plaintiff’s contention that the Rogers test does not extend to the use of brand names. 21-55881, 2024 WL 134696 (9th Cir. 12, 2024) (“ Punchbowl II” ). [2] 12] 2024 WL 134696,at *7. [13] 2] 599 U.S.

Trademark 40

Trademark Designs Design Branding 40

LexBlog IP

JULY 5, 2023

These agreements authorized Hydronic to build and sell Hetronic-branded products so long as the parts were purchased directly from Hetronic. When Abitron purchased Hydronic in 2014, they began selling products identical to Hetronic’s remote controls in foreign markets with the recognizable black-and-yellow coloring.

Trademark 52

Trademark Marketing Marketing Contracts 52

LexBlog IP

AUGUST 12, 2021

California and Washington state recently enacted legislation establishing a tiered system designed to increase the amount of postconsumer recycled plastic (PCR) content required for sale. 31, 2024, plastic bottles sold in California must contain no less than 15% PCR. 1, 2022, to Dec.

Marketing 52

Marketing Marketing Business Advertising 52

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. WCT’s app was first released in 2014 for the iPhone and Pebble watch as a metric-tracking cycling app that was designed to “track speed, distance, altitude, and grade.” Peloton’s core brand is Peloton.

Marketing 57

Marketing Marketing Trademark Branding 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 Brands 67

SpicyIP

FEBRUARY 12, 2024

Comments on the Proposed Trademarks (1st Amendment) Rules, 2024 The recently proposed Trademark Rules amendments were open for comments in a period ending today. Image from here A SARAL Analysis of the Proposed Trade Marks (1st Amendment) Rules, 2024 Just Keep it Simple! Case Summaries Gujarat Cooperative Milk Marketing v.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

Technology & Marketing Law Blog

JUNE 27, 2022

Today’s example is AB 2273, the Age-Appropriate Design Code Act (AADC), Before we get overwhelmed by the bill’s details, I’ll highlight three crucial concerns: First, the bill pretextually claims to protect children, but it will change the Internet for EVERYONE. Age-Appropriate Design Code.

Privacy 139

Privacy Designs Design Business 139

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. He posted the Cube design and 3D print files on Thingiverse.com, the largest site for 3D print objects. Leszczynski v. 8-23-cv-01698-MEMF-ADS (C.D.

False Advertising 57

False Advertising Advertising Advertising Copyright Infringement 57

The IPKat

MARCH 17, 2024

The judgment of Justice Beach in Societe Civile et Agricole du Vieux Chateau Certan v Kreglinger (Australia) Pty Ltd [2024] FCA 248 found that there was no damage, and therefore passing off was not established. Importantly for this case, VCC produces two types of expensive French red wine involving various up-market grape types.

Designs 105

Designs Design Marketing Marketing 105

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 adopted the Rampart/Wurth branding in 2023. Rampart Resources, Inc. Rampart/Wurth Holding, Inc., 23-6895 (E.D.

Advertising 57

Advertising Advertising Branding Brands 57

The TTABlog

FEBRUARY 22, 2024

97401927 (February 20, 2024) [not precedential] (Opinion by Judge Albert J. The design in the cited mark, having "three sections of curved, flexible arms," reinforces the term TRI-FLEX. Welch 2024. How do you think the appeal came out? In re Wella Operations US, LLC , Serial No. Read comments and post your comment here.

Technology 56

Technology Branding Brands Branding 56

SpicyIP

FEBRUARY 26, 2024

Controller of Patents and Designs made some interesting observations on this issue. on 14 February 2024 (Delhi High Court) The petitioner sought the removal of the respondent’s mark ‘CLOVER,’ registered in Class 9. The MHC in Novozymes v. Legislative Oversight? Read Yogesh’s take on this decision to know more.

Trademark 59

Trademark Copyright Registration Designs 59

The IPKat

MAY 15, 2024

Here’s what Jack writes: Conference Report – Fashion Reborn: The Age of AI by Jack Cooper It was with great pleasure that I was able to attend Fashion Law London's latest event held on 13 May 2024 focusing on the impact which AI innovation is having within the Fashion industry. The question remains whether this is achievable for all brands.

Reporting 56

Reporting Branding Brands Branding 56

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., 23-CV-5032 (VEC) (S.D.N.Y.

False Advertising 57

False Advertising Advertising Advertising Reporting 57

SpicyIP

FEBRUARY 5, 2024

Highlights of the Week Comments on the Proposed Patent (2nd Amendment) Rules, 2024 In addition to the typos and ambiguity regarding the timelines, the Draft Patent (2nd Amendment) Rules, 2024, inter alia, suffer from limited scope and require clarity on the qualification of the designated officers. Surprising, isn’t it?

Trademark 59

Trademark Settlement Licensing Copyright Infringement 59