The TTABlog

MAY 7, 2024

The application was filed under Section 1(b) and the mark had not been put into use, so the applicant claimed acquired distinctiveness from three other BASQUIAT registrations, but the Board found that its supporting evidence fell short. 97291105 (May 1, 2024) [not precedential] [not precedential] (Opinion by Judge Thomas L.

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The TTABlog

FEBRUARY 28, 2024

Frequent TTAB litigant Monster Energy Company got mugged in this opposition to registration of the mark shown immediately below, for mugs and plates. 91271109 (February 26, 2024) [not precedential] (Opinion by Judge Mark Lebow). Welch 2024. Victor Rodriguez , Opposition No. UNLEASH THE NITRO BEAST! Text Copyright John L.

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Designs Design Registration Business 60

The TTABlog

MARCH 20, 2024

Applicant Global Brand Partners asserted that "the marks are sufficiently different” to avoid a likelihood of confusion. In re Global Brand Partners Pte Ltd , Serial No. 97102423 (March 18, 2024) [not precedential] (Opinion by Judge David K. Welch 2024. What do you think? Read comments and post your comment here.

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The IPKat

MAY 30, 2024

On 02 May 2019, Elettra Lamborghini (the Applicant) filed before the UIBM the application for registration No. The Opposition Division did not deem it necessary to examine the existence of a likelihood of confusion as it refused the registration on the ground of free riding. The Applicant appealed.

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IP and Legal Filings

MARCH 19, 2024

ABSTTRACT The constraints placed on trademark registration, particularly concerning common English words by recent judicial review by Justice C. INTRODUCTION For consumer identification and brand protection a crucial mechanism is important which is served by trade mark law. Computer of computers, medicines names.

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Branding Brands Branding Intellectual Property 52

The TTABlog

MAY 29, 2024

The same applicant met the same fate in this attempt to register that same phrase for "Online retail store services featuring clothing, jewelry, bags, gifts, home goods, hats, blankets, mugs, belts, branded gift bags, floor mats, keychains, novelty toys for playing jokes, and pillows." Welch 2024. Text Copyright John L.

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The IPKat

MAY 12, 2024

The dispute concerned the geographical indication "Salaparuta" for Sicilian wine, which received protection in Italy in 2006, and then was registered as a Protected Designation of Origin (PDO) by the European Commission in 2009. The wine brand had been around since the nineteenth century but changed ownership a few times. Article 14.3

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Registration Branding Brands Branding 64

The IPKat

OCTOBER 31, 2023

Photo: shutterstock.com Book launch: Copyright and the CJEU UCL’s Institute of Brand and Innovation Law (‘IBIL’) will host the launch of the new edition of PermaKat Eleonora Rosati’s book ‘ Copyright and Court of Justice of the European Union ’ published by Oxford University Press. More information and registration details can be found here.

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Intellectual Property Intellectual Property Law Journalism Registration 60

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).

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Branding Brands Branding Designs 75

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.

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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.

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Invention Art Trademark Patent Application 59

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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Advertising Advertising Technology Editing 60

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 seems like an image of openness.

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Copyright Privacy Reporting Copying 89

The TTABlog

FEBRUARY 23, 2024

Petitioner Oregon Grain requested reconsideration of the Board's denial of its petition for cancellation of a registration for the mark TORPEDO JUICE for "Alcoholic beverages, except beer; Gin; Liquor; Rum" [ TTABlogged here ]. Oregon Grain Growers Brand Distillery Inc. Welch 2024. Michael Pitsokos , Cancellation No.

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Law Branding Brands Branding 60

The IPKat

OCTOBER 19, 2023

The discussion will cover trademarks, patents and designs. The UCL’s Institute of Brand & Innovations Law is holding an event on the topic of the relationship between the EPO and the UPC on Wednesday 29 November. The theme is ‘Digital and Green’ and the call for paper’s deadline is set on the 8 January 2024.

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Intellectual Property Intellectual Property Law Editing Patent Law 60

SpicyIP

JANUARY 29, 2024

Last date to Register: 29th February 2024 Case Summaries Premier Spg And Wvg Mills Pvt. on 19 January, 2024 (Delhi High Court) The plaintiff filed the present suit against the defendants for operating the impugned Croma websites and defrauding people by charging them money under the pretext of offering part time jobs.

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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. The Applicant appealed. We may recall word EU trade mark no.

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Registration Intellectual Property Trademark Branding 56

SpicyIP

MARCH 25, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., M/S Asm Traders & Ors on 18 March 2024 (Delhi High Court ) The case centers on trademark infringement and passing off allegations brought by the Plaintiffs against the Defendants. Baxalta Incorporated v.

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Trademark Patent Copyright Confidentiality 52

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?

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Public Domain Trademark Copyright Registering Trademarks 52

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. The plaintiffs have obtained registration in respect of their trademark in Class-33. Whether the consumers of such products be able to differentiate between both brands?

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Trademark Intellectual Property Branding Brands 52

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.

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Copyright Copying Branding Brands 58

The IPKat

JANUARY 16, 2022

This is the second EU SME fund to support SMEs in their COVID -19 economic recovery and green and digital transformation over the next three years (2022-2024). In addition, 75% of the fees charged by IP offices (including national IP offices, EUIPO and the Benelux IP Office) for the registration of trade marks and designs will be reimbursed.

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Intellectual Property Registration IP Copyright 78

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.

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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. The Lanham Act applies to persons who, without the consent of the trademark registrant, “use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark.[if]

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Trademark Marketing Marketing Contracts 52

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. There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. 26, 2023, 11:00 AM), [link].

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Intellectual Property Due Diligence Journalism IP 59

Indiana Intellectual Property Law

FEBRUARY 7, 2024

7269882 TO THE ROOT OF YIELD 7291384 PENCE MEDIA GROUP 7289684 RUOFF INSURANCE 7273966 MAYFAIR CAPITAL PARTNERS 7283933 UNIQUELEE CREATIONS 7262222 ZEN BUFFALO CO 7274302 NEW SHOE DAY 7291383 PENCE MEDIA GROUP 7293550 SEW VIVID DESIGNS 7262669 FALCON PINS 7263474 7291941 CARE. POWERING THE FUTURE. COMPASSION. COLLABORATION. COMPETENCY.

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Registration Trademark Technology Designs 52

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. 2] The Board found Post’s evidence insufficient to show the mark has acquired distinctiveness.

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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.

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Social Media IP Branding Brands 67

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. Read on to know more.

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Trademark Advertising Advertising Copyright 45

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! Well, it appears the courts think most consumers would.

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Trademark Social Media Registering Trademarks Copyright 103

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.

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False Advertising Advertising Advertising Copyright Infringement 57

The TTABlog

MAY 14, 2024

90978154 (May 8, 2024) [not precedential] (Opinion by Judge Cheryl S. To demonstrate the relatedness of the goods and services, the Examining Attorney relied on webpages from retailers Anthropologie and Urban Outfitters, and from fashion designers Louis Vuitton, Gucci, Versace, and Aerin. Welch 2024. In re Dileep Essentials Pvt.

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Designs Design Registration Branding 49

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? Case Summaries Clover Infotech Pvt Lt.

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Trademark Copyright Registration Designs 59

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. VCC also failed to have the NEW CERTAN trade mark registration cancelled. The registration of that trade mark was unopposed.

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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. Let us know your thoughts in the comments below!

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Invention Music Art Patent Application 105

The TTABlog

MARCH 28, 2024

Applicant C&D Brewing argued that the marks differ in sound, appearance, and connotation, and C&D pointed to "83 pairs of registrations that contain identical or nearly identical marks where one in the pair is registered for beer and the other for soda pop/soft drinks (from distinct owners)." How do you think this appeal came out?

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Registration Copying Trademark Branding 60

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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Advertising Advertising Branding Brands 57