The TTABlog

APRIL 1, 2024

1: TTAB Orders Cancellation of CAPTAIN CANNABIS Registration for Comic Books: Petitioner Proved Priority By Use Analogous to Trademark Use Section 2(e)(1) - Mere Descriptiveness: Precedential No. Welch 2024. In 2023, What Was The Rate of TTAB Affirmance of Section 2(d) Refusals to Register? Precedential No. Guess What?

Designs 59

Designs Design Registration Trademark 59

SpicyIP

JANUARY 30, 2024

In a significant order, delivered on 24 January 2024 by the Bombay High Court in Novex Communications Pvt Ltd. It originally started as a copyright society in 1941 , but later lost that designation and after a long period of running around seeking re-registration, finally in 2022 it was allowed to make an application to that regard.

Licensing 115

Licensing Copyright Ownership Registration 115

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.

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Copyright Trademark Copyright Infringement Registration 132

The IPKat

MARCH 3, 2024

Events 5 March 2024: Workshop on Digital Assets, Ownership and Property Rights Queen Mary Intellectual Property Research Institute, in partnership with the Cloud Legal Project at CCLS, is organising a workshop exploring how the concepts of ownership and property rights relate and apply to digital assets. Book here.

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Ownership Intellectual Property Patent Prosecution IP 63

The TTABlog

FEBRUARY 7, 2024

The Board dismissed an opposition to registration of SPLIT DECISION for "Entertainment services in the nature of live visual and audio performances, namely, musical rock band," finding that Opposer Billy Stott failed to carry his burden to prove that Applicant Split Decision Music, LLC was not the owner of the mark. Billy Stott v.

Ownership 53

Ownership Editing Music Service Mark 53

SpicyIP

SEPTEMBER 16, 2024

On 2nd September 2024, the Delhi High Court (DHC) in the case of Vishesh Films Private Limited v. Interestingly, T-Series enjoys joint ownership of the franchise “Aashiqui” with Vishesh Films. Interestingly, T-Series enjoys joint ownership of the franchise “Aashiqui” with Vishesh Films. Lyca Productions v.

Registration 105

Registration Television Trademark Trademark Law 105

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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Registration Marketing Marketing Settlement 49

The IPKat

OCTOBER 28, 2024

Tomorrow's hybrid session (29 October 2024) will address AI issues from an international and comparative copyright perspective. The World Intellectual Property Organization (WIPO) will hold the tenth session of the WIPO Conversation on Intellectual Property and Frontier Technologies on 5 and 6 November 2024. More information here.

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Intellectual Property Editing IP Publishing 68

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

The IP Law Blog

JANUARY 31, 2024

The Corporate Transparency Act (“ CTA ”), a new federal filing requirement for many business entities, became effective on January 1, 2024. In addition to the Reporting Company’s information, the CTA Report must also include the specified personal information of the Reporting Company’s ownership, each referred to as a “Beneficial Owner”.

Reporting 89

Reporting Business Ownership Registration 89

The TTABlog

JANUARY 5, 2024

It found the mark to be “ tertium quid ” akin to product packaging and thus eligible for registration without proof of acquired distinctiveness. Here, Curtin’s evidence of the damage she would allegedly suffer was “too remote from registration and is entirely speculative.” Fashion Electronics, Inc. 2023 U.S.P.Q.2d 2d 753 (T.T.A.B.

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Registration Designs Design Ownership 80

The TTABlog

SEPTEMBER 24, 2024

In this opposition to registration of the mark VICE REI for "Wine; Spirits; Liqueurs; Anise liqueur," the Board denied Opposer Alfred Sarmento's motion for partial summary judgment grounded on non-ownership of the International Registration on which the opposed application was based. 91281917 (September 20, 2024) [precedential].

Ownership 49

Ownership Registration Trademark Copyright 49

TorrentFreak

AUGUST 1, 2023

After imposing obligations most mainstream providers found intolerable, including registration with the state, only compliant VPN companies remain in Russia today. On top, regular hosting providers will be subjected to state registration and new obligations along similar lines to those imposed on VPN providers.

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Government Registration Privacy Business 98

43(B)log

APRIL 5, 2024

4th -, 2024 WL 1356981, Nos. plaintiff's RAW defendant's Raw Garden Also over a dissent, the panel finds that a court can order trademark applications cancelled, not just registrations. The panel did affirm the refusal to cancel defendant’s registrations on grounds of unlawful use, since they weren’t for unlawful items.)

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Registration Trademark Registering Trademarks Ownership 59

The IPKat

JANUARY 1, 2025

The registration form is available here. The registration deadline is one day before each webinar. The Court also dismissed Wright's claims of passing off, which was based on his assertion of ownership of goodwill in the name "Bitcoin". COPA sought to commit Wright for contempt. Wright failed to attend the contempt hearing.

Ownership 63

Ownership IP Registration Intellectual Property 63

IP and Legal Filings

DECEMBER 20, 2024

In contrast, a tussle on fair use and free speech would be activated if companies contest ownership in respect to trademarking hashtags. Rise of Influencing Marketing: A Proprietary Angle Influencer marketing is now a $21-billion industry as per Aspire’s 2024 Influencer Marketing Report.

Social Media 82

Social Media Trademark Branding Branding 82

The TTABlog

APRIL 10, 2024

Section 1119 of the Trademark Act gives a federal district court the power to "determine the right to registration, order cancelation of registrations, in whole or in part, restore canceled registrations, and otherwise rectify the register with respect to the registrations of any party to the action." April 2, 2024).

Registration 53

Registration Registering Trademarks Trademark Ownership 53

Technology & Marketing Law Blog

MAY 15, 2024

May 9, 2024). at 1-2] At its heart, therefore, this case is a dispute about copyright ownership. The plaintiffs responded by moving for partial summary judgment on the issue of ownership, based on the presumption of validity that attaches to timely copyright registrations. Warner Chappell Music, Inc. Nealy , No.

Music 105

Music Blogging Copyright Ownership 105

IP and Legal Filings

OCTOBER 18, 2024

The High Court of Delhi delivered its judgment on May 27, 2024. Infosys Limited obtained many registrations for the mark in various classes, the first being in 1987, and the company has been operating its website, wwww.Infosys.com, since 1992. This argument weakens the plaintiff’s claim of sole ownership of the trademark.

Trademark 88

Trademark Cease and Desist Branding Brands 88

LexBlog IP

JULY 31, 2023

In a significant step toward a future of heightened corporate transparency, the bipartisan Corporate Transparency Act (CTA) is prepared to roll out as of January 1, 2024. These entities are tasked with reporting two crucial categories of information: the beneficial owners and those behind the creation or registration of the entity.

Ownership 52

Ownership Reporting Confidentiality Registration 52

LexBlog IP

AUGUST 14, 2023

The reporting rule goes into effect on January 1, 2024. CTA defines a beneficial owner as an individual who, directly or indirectly, either (1) exercises substantial control over a Reporting Company or (2) owns or controls at least 25% of the ownership interests of a Reporting Company. What is Considered an Ownership Interest?

Business 52

Business Ownership Reporting Registration 52

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

Registration 68

Registration Branding Brands Branding 68

IP and Legal Filings

FEBRUARY 7, 2023

According to a Bloomberg Intelligence report [2] , the worldwide revenue opportunity from the metaverse is predicted to hit $800 billion in 2024, up from the estimated $500 billion in revenue generated by the metaverse in 2020. The trademark registration safeguards the owner’s rights and establishes the business’s legal standing.

Trademark 93

Trademark Non-Fungible Tokens Branding Branding 93

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.

Registration 49

Registration Branding Branding Brands 49

The TTABlog

MARCH 5, 2024

90518181 (February 27, 2024) [not precedential] (Opinion by Judge Christopher C. JM4 relied heavily on its ownership of various design patents for the ornamental designs of holsters, but they missed the mark. Welch 2024. This post will aim to hit the high points of the 44-page opinion. In re JM4 Tactical, LLC , Serial No.

Design Patent 72

Design Patent Design Designs Trademark 72

LexBlog IP

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”).

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

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 71

Social Media IP Branding Branding 71

The IPKat

MARCH 12, 2024

The book can be purchased here with a special discount until 7 April 2024. IPKat readers can take advantage of a 15% discount on the registration fee. The programme and registration are available via Eventbrite here (readers are encouraged to register quickly as the event normally sells out).

Graphic Design 58

Graphic Design Editing Designs Design 58

SpicyIP

JANUARY 31, 2024

For instance, paragraph 19 of the order mentions the defendants’ claim of joint ownership of a pre-partition restaurant in Peshawar, Pakistan. ” Similarly, while the order mentions “joint ownership” of the restaurant, suggesting a shared creatorship over the dishes, media reporting (e.g.,

Inventor 64

Inventor Ownership Reporting Registration 64

The TTABlog

APRIL 29, 2024

91286055 (April 24, 2024) [precedential]. This includes the name of the opposer, which is identified on the ESTTA filing form directly following the statement: “Notice is hereby given that the following party opposes registration of the indicated application.” Welch 2024. MyMeta Software, Inc. Meta Platforms, Inc. Opposition No.

Registration 49

Registration Ownership Trademark Law 49

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.

Music 59

Music Intellectual Property Copyright IP 59

Copyright Lately

MARCH 13, 2024

Wordle’s Copyright Registration Even if we assume that the Wordle elements in which the Times claims protection are, in fact, unique and protectable, the company’s DMCA notice still appears to misstate the scope of its rights. copyright registration doesn’t claim rights in the game’s graphics or other visual elements.

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Social Media Copyright Registration Copying 91

LexBlog IP

AUGUST 29, 2023

Any entity that qualifies as a domestic or foreign reporting company must file “beneficial ownership reports” with FinCEN, unless specifically excluded under one of the enumerated exemptions. The CTA specifically exempts 23 categories of companies that would otherwise be required to file beneficial ownership reports.

Reporting 52

Reporting Ownership Business Editing 52

LexBlog IP

JANUARY 17, 2024

Exceptions to Disclosure of Required Information: If a reporting company was created or registered before January 1, 2024, it does not have to report any information about its Company Applicants. Any reporting company that is created or registered before January 1, 2024, must file a BOI report no later than January 1, 2025.

Reporting 52

Reporting Ownership Business Editing 52

The TTABlog

JUNE 30, 2023

Yes] Finding Third-Party Registration Evidence Insufficient to Weaken Cited Mark, TTAB Affirms Section 2(d) Refusal of IMAGINE for Early Childhood instruction TTAB Renders Split Decision in "ELECTRIC LAST MILE SOLUTIONS" Section 2(d) Appeal Precedential No. No] TTABlog Test: Is Puma's "PROCAT" Confusable with Caterpiller's "CAT" for Footwear?

Ownership 59

Ownership Registration Designs Design 59

The IPKat

JULY 23, 2024

Our Katfriend considered several aspects regarding copyright ownership. Antonios Baris released the greatest hit of summer 2024: The EleonORe Song. Trade Marks Katfriend Kimberley Evans discussed the refusal of the BASMATI trade mark registration in New Zealand.

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Editing Design Designs Reporting 58

LexBlog IP

JANUARY 31, 2024

The Corporate Transparency Act (“ CTA ”), a new federal filing requirement for many business entities, became effective on January 1, 2024. There is no charge for the webinar, but registration is required. To attend, please register here.

Reporting 52

Reporting Business Ownership Registration 52