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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SpicyIP

SEPTEMBER 16, 2024

On 2nd September 2024, the Delhi High Court (DHC) in the case of Vishesh Films Private Limited v. The Single Judge Bench (SB) consisting of Justice Sanjeev Narula made some intriguing observations regarding the trademarkability of the mark “Aashiqui” as a movie franchise and restraining its use by other entities. A Lot is a Name!

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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

NOVEMBER 25, 2024

Events Workshop: The Human Right to a Healthy Environment: What Impact on Intellectual Property Laws? (4 4 December 2024) This IViR workshop event will include a series of sessions focussing on the impact on IP laws of the human right to a healthy environment, which was recently recognised as a self-standing right by the UN.

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SpicyIP

AUGUST 10, 2024

Recently Lupin Atlantis Holdings SA secured trademark registrations for three colour combinations for its inhalers. However, it is noteworthy that all the cited precedents had a distinctive niche in the market and they were well-known, a requirement under trademark law. 4970711) made in 2021, and published on 15/01/2024.

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The TTABlog

FEBRUARY 6, 2024

Brunetti on the registration of trademarks that refer to LGBTQ+ persons. With the door opened to registration of slurs as trademarks, what LGBTQ+-oriented marks have been registered? The article may be downloaded here , and it appears in 2024 U. LGBTQ+ slurs can now be registered as federal trademarks.

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The TTABlog

JUNE 24, 2024

Despite all the hoopla about the Supreme Court's rulings in Tam , Brunetti , and Elster , how much do those rulings affect the everyday practice of trademark law? Amazon's Quiet Overhaul of the Trademark System" (June 19, 2024), California Law Review , Volume 113, forthcoming 2025. Fromer, Jeanne C.

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SpicyIP

NOVEMBER 18, 2024

Discussing this controversy, Bharathwaj Ramakrishnan examines previous instances where trade unions have locked horns with trademark laws and assesses whether the Trademarks Act extends a protection to TM proprietors against such a use. Case Summaries M/S. Bibin John vs Lifestyle International Private Ltd.

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Technology & Marketing Law Blog

JUNE 8, 2024

” But the trademark registration was over 5 years old, so it had become “incontestable.” Trademark policymakers should scrutinize this case to figure out how and where the system failed those consumers. CPUSA2, LLC , 2024 WL 2836241 (S.D. June 4, 2024) BONUS: RVC Floor Decor, Ltd. June 5, 2024).

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The TTABlog

OCTOBER 21, 2024

Farmer , the founder of Leading Edge Law Group, PLC , in Richmond, Virginia, has for more than 25 years written a monthly column for the Richmond Times on breaking legal issues in the e-commerce, intellectual property and high-tech fields. He also lectures annually for the Virginia bar on trademark law developments.

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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? Are you monitoring your trademarks in their natural habitat? It misses you! Are you prepared to meet deadlines?

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Patently-O

JANUARY 26, 2024

by Dennis Crouch The Federal Circuit has just reissued this important trademark decision as precedential. Although registration was refused, the opinion explains that there is no per se prohibition on registering marks containing informational content as long as the mark also serves to identify a single commercial source.

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The TTABlog

APRIL 17, 2024

April 15, 2024). Citing Wal-Mart , the court observed that trademark law does not protect "product designs that lack distinctive meaning as a source identifier." That same principle applies to trademark registration. Welch 2024. The district court had also found the configuration to be de jure functional.

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SpicyIP

DECEMBER 2, 2024

With 60.10% of cases from IPAB disposed till June, 2024, the IPD has done notable work since its formation. Arun Kumar vs State Of Punjab And Another on 25 November 2024 (PH&HC) In this case, the petitioner was accused of offences under Sections 63 and 65 of the Copyright Act and Sections 103 and 104 of the Trade Marks Act.

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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.

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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.

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The TTABlog

OCTOBER 2, 2024

97325462 (September 26, 2024) [not precedential] (Opinion by Judge Robert Lavache). The Board noted that product packaging trade dress and trade dress for services can be inherently distinctive, but here inherent distinctiveness was not at issue because Applicant sought registration under Section 2(f). Welch 2024. In re Erik M.

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LexBlog IP

JANUARY 9, 2024

In a recent decision, the United States Court of Appeals for the Federal Circuit affirmed the decision of the Trademark Trial and Appeal Board (“Board”) to deny registration of “EVERYBODY VS RACISM” because the “public is unlikely to associate the mark. In re GO & Assocs., 2022-1961, 2023 U.S.

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IP and Legal Filings

DECEMBER 20, 2024

However, it provides both good challenges and opportunities under trademark law. The blog covers how trademarks evolve in the era of social media and influencer marketing, analyzing legal uncertainties, protection mechanisms, and best practices for commercial usage. Therefore, a brand can be registered in the U.S.

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The TTABlog

MAY 28, 2024

The CAFC affirmed the Board's dismissal of two petitions for cancellation on the ground of lack of entitlement to a statutory cause of action under Section 1064 of the Trademark Act. May 23, 2024) [Precedential]. registrations are cancelled, not marks - ed. ]. Welch 2024. Luca McDermott Catena Trust v. 2023-1383 (Fed.

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SpicyIP

FEBRUARY 21, 2024

Rather, after analysing the legislative intent of the TRA, conflicting High Court judgements on the said issue and the earlier position of trademark law in India, the Court referred the matter to a larger bench for reconsideration. Stay of proceedings where the validity of registration of the trade mark is questioned Absent in the Act.

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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”).

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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?

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SpicyIP

JANUARY 31, 2024

Upon cross-checking, while I couldn’t see a separate registration for the above tagline, I found the registered mark “ Daryaganj – By the inventors of Butter Chicken and Dal Makhani (Logo and device) ” Given these details (i.e., The plaintiffs’ precise argument and its foundation—be it registration or reputation—remain ambiguous.

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Intepat

JULY 4, 2024

On April 11, 2024 the United States Patent and Trademark Office (USPTO) issued Guidance on the use of Artificial Intelligence Based Tools (“Guidance”) by applying the existing rules and policies to the use of Artificial Intelligence (AI). However, experts agree that AI enhances human decision-making rather than replacing it.

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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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LexBlog IP

JULY 5, 2023

On June 29, 2023, the Supreme Court adopted a restrictive view of the extraterritorial application of the Lanham Act, holding that federal trademark law cannot support a claim for trademark infringement against solely foreign conduct. The case is Abitron Austria GmbH v. Hetronic International, Inc. Read the opinion here.

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SpicyIP

DECEMBER 12, 2023

The matter is listed before the court on 22 March 2024. 316 US 203] “the protection to trademark is the law’s recognition of the psychological functions of the symbols”. Mr. Jacob Jacoby in his article, “The Psychological Foundations of Trademark Law: Secondary Meaning, Generism, Fame, Confusion, Dilution.”

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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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SpicyIP

DECEMBER 30, 2023

Ujoy Technology and Toyota Jidosha Kabushiki Kaisha vs Tech Square Engineering Pvt Ltd [Delhi High Court] This year the concept of transborder reputation in trademark law saw two important interpretations from the Delhi High Court. First, in Toyota v. The Delhi High Court in Ayur United Care v.

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SpicyIP

OCTOBER 16, 2024

As a result, leading brands often find themselves embroiled in extended legal strifes in pursuit of the widest possible protection for their registrations. However, the ad hoc balancing act becomes complicated when it comes to colour limitations, as specified at the time of registration.

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Technology & Marketing Law Blog

JUNE 27, 2024

By Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court held in Elster that Section 2(c) is consistent with the First Amendment, but the Justices disagree on how to evaluate the constitutionality of trademark restrictions In a unanimous opinion published on June 13, 2024, the US Supreme Court held in Vidal v.

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LexBlog IP

FEBRUARY 16, 2023

On January 13, the China National Intellectual Property Administration (CNIPA) circulated a draft amendment to the PRC Trademark Law for public comment (“TML Draft Amendment”). The CNIPA Draft Amendment is comprised of a total of 101 articles in 10 chapters (as opposed to 73 articles in 8 chapters in the current law).

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The TTABlog

JULY 2, 2024

TTAB Orders Cancellation of "THE PLIMSOULS" Registration on Ownership and Likelihood of Confusion Grounds, Rejects Abandonment Claim Another Section 2(d) Reversal: USPTO Fails to Prove Cosmetics Are Related to Flatware and Other Household Goods /li> BREAKING!

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IIPRD

JUNE 8, 2024

Intellectual property rights protection to the fashion industry Trademark Act: Trademark Act plays a significant role in preserving a brand’s legitimacy and integrity, which is advantageous for the industry. However, the protection of fashion designs by trademark law is not perfected.

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The TTABlog

JANUARY 23, 2024

14, 2023, re-designated as precedential, January 22, 2024). The CAFC observed that "[i]f the nature of a proposed mark would not be perceived by consumers as identifying the source of a good or service, it is not registrable," citing TMEP § 1202.04(b) 2022-1961 (Fed.

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Patently-O

JUNE 13, 2024

by Dennis Crouch In an important trademark law and free speech decision, the Supreme Court held in Vidal v. 2024) , that the Lanham Act’s “names clause” barring registration of a mark that “[c]onsists of or comprises a name. Elster , 602 U.S. 1052(c), does not violate the First Amendment.

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