JD Supra Law

APRIL 3, 2024

In a published decision issued April 1, 2024 (no fooling), the Ninth Circuit in BBK Tobacco & Foods LLP v. Central Coast Agriculture, Inc. weighed in on somewhat esoteric topics concerning whether federal courts have jurisdiction to hear challenges to pending federal trademark applications.

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LexBlog IP

SEPTEMBER 13, 2023

2024 Changes to International Trademark Classifications by Melanie Lane Understanding WIPO’s 2024 Nice Classification Changes: Impact on the USPTO’s §6.1 of 37 CFR Part 6, aligning it with the 12th edition, version 2024, of the Nice Classification published by the World Intellectual Property Organization (WIPO).

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The IPKat

DECEMBER 17, 2023

Here are some of the things to look forward to in 2024: Framing IP Rights in Legal, Economic, and Cultural Settings Swansea University's Institute of International Shipping and Trade Law have announced the conference entitled “Framing IP Rights in Legal, Economic, and Cultural Settings,” which will take place on 12 - 13 June 2024.

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Erik K Pelton

NOVEMBER 12, 2023

Pelton & Associates (EMP&A) is a boutique firm focusing on trademark protection for businesses and brands, including trademark and copyright applications, trademark disputes, matters with the Trademark Trial and Appeal Board, trademark clearance searches, and other matters.

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Law Intellectual Property Intellectual Property Law Trademark 162

The IPKat

JULY 26, 2024

Where a defendant relies on a trade mark registration as a defence to infringement, the defendant remains protected against infringement until the registration is cancelled by the Court. Justice Helen Rofe oversaw the proceedings in the Federal Court of Australia, issuing her decision on 17 July 2024. Sports fans.

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The TTABlog

JUNE 24, 2024

One could argue that Amazon and its Brand Registry have had much more of an impact.As Professors Fromer and McKenna argue: " In combination, Amazon’s business model and Brand Registry have overhauled the American trademark system, and they have done so with very little public recognition of the consequences of Amazon’s business approach."

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Trademark Branding Brands Branding 49

The IPKat

MAY 5, 2024

Events Uncovering the AI-Copyright Trap (9 May 2024) Dr Carys Craig, law professor at York University’s Osgoode Hall Law School in Toronto, Canada, will present her new paper entitled 'Uncovering the AI-Copyright Trap' between 12:00 to 13:00 (BST) on 9 May 2024, at UCL’s Hong Kong Room, 2nd floor, Bentham House. Register here.

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Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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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

Biswajit Sarkar Copyright Blog

NOVEMBER 1, 2023

The commencement of the Spring/Summer Fashion Week 2024 has seen luxury brands display their designs on the ramp again. Apart from designer clothes, this year also saw the debut of new signature colours of two beloved luxury brands-Burberry and Gucci. A colour, if distinctive enough can revolve the image of a brand.

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Trademark and Copyright Law Blog

JANUARY 3, 2024

As we ring in 2024, sip some champagne and make a resolution to check in on your trademark portfolio more often. Here are a few productive questions to ask: Do your registrations cover your reality? You may have launched new brands or drastically redesigned your logo since you last interacted with the USPTO. It misses you!

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Trademark Registration Branding Brands 52

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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Registration Branding Brands Branding 60

The TTABlog

AUGUST 5, 2024

In this opposition to registration of the mark BLIZZARD for various business services, Applicant Ava Labs, Inc., counterclaimed to cancel two pleaded registrations owned by Opposer Blizzard Entertainment for online retail store and mail order services. 91285851 (July 18, 2024) [precedential]./p> The Board disagreed.

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Technology & Marketing Law Blog

JUNE 20, 2024

The photo depicts two children (“Brave” is the one on the right) at the 1 Hotel in West Hollywood wearing the hotel’s branded robes. It then went further and used the photo to promote the robe: In 2023, Sunny Khachatryan obtained a copyright registration for “Brave’s” photo. Be Careful!–Khachatryan

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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 states that she was an employee of the Athletic Department at the University of Vermont when she was invited to be part of a new brand working group in January 2023. Copyright Copycat?

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Copyright Art Social Media Designs 52

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? Maquinas Agricolas “Jacto” S.A., 215 U.S.P.Q.

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Branding Brands Branding Registration 46

The IPKat

DECEMBER 10, 2023

More information and registration details are available here. More information, including registration details and the programme can be found here. The event, titled “Copyright and Generative AI: Putting input issues under the spotlight”, will be held on March 20, 2024 in London and live streamed. For details, click here.

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Intellectual Property IP Registration Privacy 64

The IPKat

APRIL 29, 2024

Events Virtual Roundtable on Artificial Intelligence, Intellectual Property and Sustainability in Africa (6 May 2024) On 6 May 2024, the Data Science Law Lab at the University of Pretoria (South Africa) will host a virtual Roundtable on Artificial Intelligence, Intellectual Property and Sustainability in Africa.

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LexBlog IP

MARCH 15, 2024

2024 appears to be a year of change in the Australian Intellectual Property realm, with the adoption by IP Australia of the Madrid Goods and Services List and the introduction of the Intellectual Property Laws Amendment (Regulator Performance) Act 2023.

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Intellectual Property Intellectual Property Law Registration Journalism 52

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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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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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.

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Social Media Trademark Licensing Music 90

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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Editing Registration Advertising Advertising 64

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 IPKat

MARCH 4, 2024

by Spyridon Sipetas Le sac Swoosh - Instagram (@Jacquemus) On February 26, Jacquemus and Nike revealed their latest collaborative piece, ‘Le sac Swoosh’ (or ‘The Swoosh bag’), teasing their upcoming Spring/Summer 2024 collection, in the context of their partnership, dating back to 2022.

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The IPKat

MAY 12, 2024

The wine brand had been around since the nineteenth century but changed ownership a few times. Duca di Salaparuta appealed, arguing that when pre-existing national GI registrations were converted into EU unitary registrations, they were fully subject to the validity requirements of the 2008 Regulation on wines. Article 14.3

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Registration Branding Brands Branding 64

The TTABlog

APRIL 22, 2024

Hostess Brands, owner of the registered mark SUZY Q'S for "cake," opposed the application of Holly Sue Williams to register the mark SUZYQ for "Backpacks; Wallets” and “purses," claiming a likelihood of confusion under Section 2(d). Hostess Brands, LLC v. 91272724 (April 18, 2024) [not precedential] (Opinion by Judge Cheryl S.

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Branding Brands Branding Social Media 43

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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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 TTABlog

JULY 25, 2024

British American Tobacco (Brands) Limited v. 91275212 (July 22, 2024) [not precedential] (Opinion by Judge Michael B. And so, the opposition was sustained on the ground of likelihood of confusion, contingent upon BAT establishing its constructive use through registration of the mark in its pleaded application. Welch 2024.

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Branding Brands Branding Registration 60

Corsearch

NOVEMBER 8, 2023

However, there are a few things that can be disruptive or destructive to your brand like bad actors stealing your company’s domain name and doing with it whatever they wish. See the following new extensions to ensure that your brands are protected in the domain space.TH (Thailand) Application Phase is scheduled to re-open for second-level.th

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Music Privacy Branding Brands 52

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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SpicyIP

AUGUST 10, 2024

Recently Lupin Atlantis Holdings SA secured trademark registrations for three colour combinations for its inhalers. Highlighting some interesting bits from the prosecution of these applications and explaining the implications of these registrations on the larger access to medicines issues, we are pleased to bring to you this post by Md.

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The IPKat

NOVEMBER 19, 2023

Photo: shutterstock.com Events UCL Annual Privacy Lecture 2024 University College London‘s (UCL) Institute of Brand & Innovation Law will hold its Annual Privacy Lecture 2024 on „AI-Enabled Crime“ on Wednesday, January 31 2024. More information and registration details can be found here.

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LexBlog IP

FEBRUARY 28, 2024

A recent UK court of Appeal decision has, however, underlined that this technical, square-on comparison does not in fact reflect the real worlds that brands inhabit, and the various ways in which the average consumer can be confused by them even after a product has been sold.

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Branding Brands Branding IP 52

The IPKat

OCTOBER 19, 2023

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. The event is free, and it is possible to register here.

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