IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Corporations must establish online identities, such as logos, slogans, product names, and brands, to build consumer awareness, loyalty, and trust.

Trademark 88

Trademark Social Media Advertising Advertising 88

The IPKat

JULY 20, 2023

By decision dated June 15, 2023 ( original Romanian version and English machine translation ) the EUIPO rejected the application for registration of a European Union sound trade mark featuring the nursery rhyme “ Johnny Johnny Yes Papa ” on the grounds of lack of distinctiveness.

Registration 40

Registration Music Branding Brands 40

Intepat

MAY 28, 2024

Apple could argue transborder reputation, asserting that its brand’s recognition and reputation extend beyond national borders. Inherent Distinctiveness: The Apple logo and brand name are inherently distinctive due to their unique design and association with the company’s products, such as iPhones, iPads, MacBooks, etc.

Trademark 52

Trademark Intellectual Property Branding Brands 52

IP and Legal Filings

JANUARY 31, 2023

[Image Sources : Istock] Metaverse- a Magnet to Fashion Brands Virtual worlds provide fashion brands with the opportunity to significantly cut down on the excessive resource consumption of lifestyle and create sustainability. Fashion brands are no strangers to the continuous fight against fake and counterfeit items in the real world.

Law 86

Law Branding Brands Branding 86

LexBlog IP

FEBRUARY 7, 2024

It includes many rules, several of them directed at the language of business in Quebec, and some regarding the use of French on both product packaging and signage/advertising. Presently, all product labelling and commercial signs appearing in Quebec must be in French – but the Charter provides certain exceptions for trademarks.

Registering Trademarks 52

Registering Trademarks Advertising Advertising Social Media 52

LexBlog IP

JANUARY 31, 2024

We presented a webinar last week entitled How to Win Your Next Trademark Battle: Lessons Learned in 2023 to give brand owners and their lawyers an overview of key takeaways from last year’s trademark cases. If you missed our live presentation, you can view a recording here. Rothschild has unfolded so far. In Nkanginieme v.

Trademark 52

Trademark Registration Branding Brands 52

43(B)log

DECEMBER 28, 2022

17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. incorporation of documents into the complaint by reference, both often significant in false advertising cases.

Branding 59

Branding Brands Branding False Advertising 59

IP and Legal Filings

SEPTEMBER 19, 2023

Once the application is filed, it will be examined by the IPI to ensure that it meets the requirements for registration. If the trademark is found to be eligible, it will be published in the Trademarks Journal, and any interested party will have a chance to oppose the registration.

Trademark 88

Trademark Intellectual Property Registration Registering Trademarks 88

LexBlog IP

AUGUST 23, 2023

In the cases at issue, the Seminole Tribe of Florida (“Seminole Tribe”) sought trademark registration for a guitar-shaped building for hotel and casino services. Thus, brand owners can, and do, register their trade dress at the PTO. Lessons for Brand Owners 1. See Figure 1. The TTAB was unmoved.

Designs 52

Designs Design Advertising Advertising 52

Patently-O

NOVEMBER 21, 2022

With the trademark registration in-hand, the district court partially granted SoClean’s motion for preliminary injunction. However, instead of barring Sunset from selling its competing products, it prohibited Sunset marketing or advertising its filter in any bare form. is a Sunset brand filter.” is a Sunset brand filter.”

Designs 75

Designs Design Registration Trademark 75

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. filed its complaint.

Copyright 110

Copyright Trademark Copyright Infringement Registration 110

43(B)log

JANUARY 18, 2022

WRB has an incontestable registration for “Hammer-Schlagen” and a registration for the trade dress of its stump, cross-peen hammer, and nails: specifically, “a three-dimensional configuration. DAMM has a registration for “Minneschlagen.” WRB’s word mark registration states that “the English translation of ‘hammer-schlagen’.

Registration 45

Registration Ownership Social Media Marketing 45

The TTABlog

JANUARY 6, 2022

Applicant pointed to five existing third-party registrations for marks containing the word SUNSET in arguing that the word "SUNSET" is a weak formative]. In re Sunset Songs, LLC , Serial No. 90114652 (January 4, 2022) (Opinion by Judge Linda A. Kuczma)[not precedential].

Social Media 62

Social Media Advertising Advertising Music 62

The TTABlog

APRIL 11, 2023

and which owns Registration No. which calls the CAT mark the 'cornerstone of the company’s brand portfolio.' The Board found that Puma's third-party registration evidence failed to show any conceptual weakness in the inherently distinctive standard-character CAT word mark. "This case is a cat fight.

Registration 67

Registration Advertising Advertising Blogging 67

43(B)log

FEBRUARY 3, 2024

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? False advertising uses v different framework: consider the challenged ad as a whole, including disclaimers and qualifying language. Beer Nuts, Bulls’ Eye v. Dougies for diapers.

False Advertising 49

False Advertising Contracts Branding Brands 49

Patently-O

MAY 5, 2024

by Dennis Crouch In its initial decision, the TTAB dismissed iFIT’s opposition to ERB’s I-FIT FLEX registration — finding no likelihood of confusion because the goods were in separate markets. ERB Industries applied to register I-FIT FLEX for protective and safety eyewear sold at hardware stores such as Home Depot.

Branding 64

Branding Brands Branding Marketing 64

SpicyIP

OCTOBER 27, 2023

Though the deadline for sharing these comments passed on October 5 and the government is presently working on finalizing the Rules, we received a guest post underlining the need to regulate the menace caused by dark patterns and its interaction with intellectual property rights.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

The IPKat

DECEMBER 6, 2021

Registrations are open and available here. During the event, Professor Katharina de la Durantaye and Professor Michael Grünberger, two of the initiators of the project, will present the background, aims and main theses of the memorandum. The panel discussion will be moderated by Professor Ysolde Gendreau (Université de Montréal).

Intellectual Property 64

Intellectual Property Intellectual Property Law IP Copyright Law 64

SpicyIP

MARCH 10, 2024

Image from here In the case of Sterling Agro Industries Limited vs ASR Trading Company , the Delhi High Court while dealing with a trademark infringement suit, imputed mala fide intention to ASR Trading’s (the Defendant) act of applying for a trademark registration. His previous posts can be accessed here.

Trademark 59

Trademark Registering Trademarks Registration False Advertising 59

43(B)log

JANUARY 5, 2024

Plaintiff has seven registered trademarks involving Florida Virtual School or FLVS; two of the registrations are incontestable. registrations with graphical elements The “Florida Online School” mark included an image of a Florida panther. blurry panther mark Strength: Plaintiff’s marks at issue were all highly descriptive.

Branding 59

Branding Brands Branding Marketing 59

LexBlog IP

FEBRUARY 26, 2024

Fashion Week season is the chance for fashion brands to show their flair and dynamism by launching new creations, ready to be devoured by buyers, influencers, journalists, consumers, and unfortunately, also by competitors. Fashion show: a work of art?

IP 52

IP Designs Design Copying 52

IP and Legal Filings

JULY 5, 2023

A trademark is a valuable intellectual property that businesses use to differentiate their brand from their competitors’ in the market. Examples of service categorization classes include: Advertisement, business administration, business management, and office functions are all part of Class 35.

Trademark 59

Trademark Registration Branding Brands 59

Intepat

MAY 16, 2023

If the property of a person can be protected, likewise, when a popular celebrity like Amitabh Bachchan faces possible harm regarding his brand, the same can be protected under his right to publicity. The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks.

Branding 98

Branding Brands Branding Personality Rights 98

SpicyIP

JUNE 12, 2023

Calcutta High Court clarifies that a civil court does not have jurisdiction to determine the validity of registration granted under the Plant Varieties Act. an interim relief against Dabur’s Amla oil print advertisement. The plaintiff filed the present application seeking for the revival of the interim order.

Copyright 98

Copyright Advertising Advertising Trademark 98

The TTABlog

FEBRUARY 2, 2022

The United States District Court for the District of Oregon reversed the Board's decision dismissing an opposition to registration of the mark M ANIMAL for a wide variety of clothing, including "children’s clothing." [ TTABlogged here ]. The court found that GARANIMALS is a famous mark for purposes of likelihood of confusion.

Registration 40

Registration Advertising Advertising Branding 40

IP and Legal Filings

JULY 21, 2022

Second, social media platforms are always developing online marketing tools to assist firms in reaching out to present and future clients. For starters, social media is become an essential marketing platform for the majority of firms. Third, hashtags have emerged as one of the most inventive marketing techniques on all social media platforms.

Trademark 82

Trademark Social Media Marketing Marketing 82

IIPRD

MARCH 4, 2024

For example, noodles people prefer Maggie over other companies noodles because of the uniqueness in the packaging, taste and also the advertisement which creates an impact on customers to buy the product. The brand image is created of the company. Also, there is an image in the public as well whose trademark is protected.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

TorrentFreak

OCTOBER 1, 2022

Internet service providers, websites, search engines, hosting providers, domain companies, social media services, and advertising companies are all considered part of the problem. The presentation has some ideas but before we come to them, it might be worth looking at the slide again. Control The Phone Book, Control Communications.

Music 125

Music Due Diligence Copyright Social Media 125

IIPRD

AUGUST 4, 2022

However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. In today’s market, a distinct brand identity is critical in all company sectors. Influencers that make a lot of money from internet marketing must also defend their own brand identification. Trademarks.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

IP and Legal Filings

JANUARY 5, 2023

To profit on the reputation of another brand, competitors began copying marks or acquiring deceptively similar trade marks with a desire to obtain the goodwill of well-known marks. The ‘Cycle’ brand is registered under various classes which include food products and incense sticks, dhoop, hair oil, etc.

Trademark 85

Trademark Branding Brands Branding 85

The IPKat

JANUARY 14, 2022

According to the evidence provided by SLC, the outer packaging boxes of Gucci, Serge Lutens’s and other brand perfumes are all rectangular carton boxes, indicating that the design of the black frame on a white background is a common decoration for perfume packaging.

Law 142

Law Branding Brands Branding 142

43(B)log

JULY 15, 2022

Likewise, while a 10% drop in donations was quantifiable in money, it could also serve as evidence of irreparable harm—that “the Spence Group’s confusing statements and advertisements have undermined the distinctiveness of the College’s trademarks.” I note that strong evidence suggests that the answer is “yes.”] Was this commercial speech?

Trademark 59

Trademark False Advertising Advertising Advertising 59

SpicyIP

MAY 2, 2022

as keywords on the Google Ads Program for promoting its services as advertisements when search results are displayed on Google. The Court also opined that this, as a result, forces a trademark proprietor to bid for its own trademark, or else its competitors could use the registered trademark for advertising their own goods and services.

Registering Trademarks 119

Registering Trademarks Trademark Advertising Advertising 119

43(B)log

FEBRUARY 16, 2024

In Two Pesos, the Supreme Court tells us that “the general principles qualifying a mark for registration under § 2 of the Lanham Act are for the most part applicable in determining whether an unregistered mark is entitled to protection under § 43(a).” Tam and Brunetti, striking down various bars on registration. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

IP Tech Blog

AUGUST 17, 2022

In particular, Tsingtao alleged that such use of its registered trademark created in the relevant users the impression that the small breweries’ beer and brand was somewhat related to Tsingtao Beer. The present case is different. In the present case the infringer decided to give in, pay the fine and did not file an appeal.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

IP and Legal Filings

APRIL 28, 2022

Tiffany is world renowned jewellery brand famous for selling diamond engagement rings since 19 th century. It owns multiple trade mark registrations for the word “Tiffany” in connection with “Decorative Art Objects Made in Whole or in Part of Precious or Semiprecious Metals” among others.

Fair Use 52

Fair Use False Advertising Trademark Branding 52

IP Intelligence

MAY 11, 2021

In Perry , the plaintiff produced 60 bottles of his mayonnaise/ketchup and mustard/ketchup concoctions branded METCHUP. The plaintiff testified he hoped to sell more bottles and had obtained a federal registration for the mark, which at the time of the suit was incontestable. Census Bureau, had a population of 8,679 in 2010).

Trademark 52

Trademark Registration Branding Brands 52