LexBlog IP

FEBRUARY 7, 2024

Furthermore, if the French version of the trademark has been applied for or registered in Canada, that French version will also have to appear. The Canadian Trademarks Office is experiencing significant delays and it is difficult to obtain a registration in less than 3 years.

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Registering Trademarks Advertising Advertising Social Media 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. However, to establish the colour as distinctive for a trademark would require a thorough and meticulous strategy even for Gucci. Gucci currently has 29 registered trademarks in the EUIPO alone.

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Trademark Branding Brands Branding 92

SpicyIP

MARCH 25, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., Hardik Mukeshbhai Pansheriya and Ors, Mathews shares his thoughts on safeguards intermediaries can employ to preclude trademark infringements. The case is set to be re-notified on July 12, 2024, for further proceedings.

Trademark 52

Trademark Patent Copyright Confidentiality 52

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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Public Domain Trademark Copyright Registering Trademarks 52

SpicyIP

MAY 30, 2024

The extended protection is susceptible to misuse if owners of well-known trademarks enforce their rights against bona fide users too. FCB on May 2, 2024 observed that the owner of well-known trademark does not have an absolute right to apply for rectification of all (allegedly similar) marks already in the Register.

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Trademark Marketing Marketing Registration 45

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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Branding Brands Branding Marketing 57

IP and Legal Filings

MAY 8, 2024

The trademark Blenders Pride was adopted in 1973 by plaintiffs and was registered in favour of Seagram’s Company Limited, which is house mark of plaintiffs. The plaintiffs have obtained registration in respect of their trademark in Class-33. The plaintiffs have objected that defendant is imitating their trades marks.

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Trademark Intellectual Property Branding Brands 52

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."

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Registration Registering Trademarks Trademark Ownership 64

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! M/S Zari Silk (India) Pvt.

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Trademark Social Media Registering Trademarks Copyright 103

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 57

SpicyIP

JANUARY 8, 2024

Wrapping up the first week of 2024, here is a brief recap of our hard-hitting post on TKDL, the detailed comments on the draft Calcutta High Court IPR Division Rules, and an informative take on scandalous and obscene trademark prosecution in India. Discussing the historical foundation of refusing registration to such marks Prof.

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Trademark Registering Trademarks Public Domain Registration 59

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. and Ors. ,

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Registration Trademark Copyright Registering Trademarks 52

The TTABlog

JANUARY 9, 2024

In re Post Foods, LLC , 2024 USPQ2d 25 (TTAB 2024) [precedential] (Opinion by Judge Thomas V. The Board pointed out that the application drawing "depicts the mark to be registered." Trademark Rule 2.52. Welch 2024. Here, the goods are identified as "breakfast cereals," not "crispy breakfast cereals." George Strait.

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Advertising Advertising Registering Trademarks Trademark 70

SpicyIP

FEBRUARY 26, 2024

on 14 February 2024 (Delhi High Court) The petitioner sought the removal of the respondent’s mark ‘CLOVER,’ registered in Class 9. In the absence of the respondent’s response, the Court allowed the petition, ordering the removal of the respondent’s mark from the Trade Marks Register.

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Trademark Copyright Registration Designs 59

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? US Copyright Office says no to “RAGHAV”s work, even as the same work remains registered as a copyright in India. The last date for submission of entries is February 29, 2024. and Ors. ,

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IP Trademark Advertising Advertising 59

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. Good Meat Project v. GOOD Meat, Inc., 23-cv-04145-RFL (N.D.

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False Advertising Advertising Advertising Marketing 62

SpicyIP

DECEMBER 12, 2022

Calcutta High Court allowed an application for rectification directing the Trademarks Registrar to cancel the registration granted to and remove the impugned mark ‘Neemyle’. Luka Doncic ends fight with his mother over trademark rights to his name. Jury trial is set for January 2024 in the Nikon v. Image from here.

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Copyright Infringement Settlement Registration Trademark 105

JD Supra Law

JUNE 14, 2024

Supreme Court on June 13, 2024 upheld the constitutionality of a challenged restriction on trademark registration. 1052(c), precludes registering a mark containing the name of a living person without that person’s permission. Section 2(c) of the Lanham Act, 15 U.S.C.

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Registering Trademarks Trademark Registration Law 61

JD Supra Law

JUNE 14, 2024

2024)), the U.S. Supreme Court upheld the refusal to register a federal trademark for the phrase “Trump Too Small” based on the fact that the Lanham Act prohibits the registration of the name of a living individual without their consent. In a recent unanimous decision in the case Vidal v. Elster (602 U.S. By: Polsinelli

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Registering Trademarks Trademark Registration 66

LexBlog IP

FEBRUARY 16, 2023

It also adds “or other elements” to the list of signs that can comprise registered trademarks. Comment: The addition of “other elements” suggests the possibility of acceptance for a broader range of non-traditional trademarks (e.g., single color marks, scent marks, etc.)

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Trademark Law Trademark Law Registering Trademarks 40