43(B)log

OCTOBER 9, 2023

21, 2023) Deetsch alleged that he owned design patents for CPAP pillow products, which the Lei defendants infringed. They also allegedly used Deetch’s image in ads and on packaging, and allegedly falsely claimed on Amazon that their pillow products “were designed in the United States but are manufactured in China.”

Advertising 72

Advertising Advertising Brands Branding 72

The TTABlog

AUGUST 30, 2021

The Board upheld a Section 2(e)(5) refusal to register the design of the Eames chair (shown below) for "furniture, namely chairs," finding the configuration to be de jure functional. The well known Eames chair was designed in the 1940s and was recognized by Time magazine as the Best Design of the 20th Century.

Designs 98

Designs Design Advertising Advertising 98

The IPKat

NOVEMBER 23, 2024

The case concerned the Australian trade mark registration for the words "KATIE PERRY" (No. The case concerned the Australian trade mark registration for the words "KATIE PERRY" (No. Her management team set up a web-store by 24 September 2008 to advertise and sell such merchandise. Wikimedia : Creative Commons Attribution 2.0

Cease and Desist 70

Cease and Desist Registration Brands Branding 70

The TTABlog

SEPTEMBER 2, 2021

opposed registration of the mark shown below left, claiming a likelihood of confusion with its registered mark shown below right, both for clothing. Moreover, the alligator design is larger that the wording in applicant's mark. Lacoste Alligator S.A. And so, the Board sustained the opposition. Read comments and post your comment here.

Designs 90

Designs Design Advertising Advertising 90

Selvam & Selvam Blog

DECEMBER 6, 2024

For IndiGo, the 6E callsign has been an integral element of the official designator and a brand identifier for the past 18 years. IndiGo has also secured registration for the word mark 6E Link under multiple classes in 2015. Notably, 6E has become a dominant feature and exclusive to the Indigos brand and its associated services.

Trademark 52

Trademark Intellectual Property Registration Brands 52

IP and Legal Filings

JANUARY 26, 2023

2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.

Registration 98

Registration Trademark Trademark Law Law 98

SpicyIP

FEBRUARY 4, 2025

In pursuance of its goal to accelerate EV adoption, it developed a new vehicle design and coined the same EZIO. Gensol EV also created a “ezio” logo for the vehicle design and secured a registration of the word mark EZIO on a proposed to be used basis ( Class 12 ) with the Trade Marks Registry.

Trademark 107

Trademark Marketing Marketing Trademark Law 107

The TTABlog

MARCH 20, 2023

In a whopping 163-page opinion, the Board granted a petition for cancellation of two registrations for the configuration of safety helmets, rejecting Petitioner Honeywell's Section 2(e)(5) functionality claim but sustaining Honeywell's claim of lack of acquired distinctiveness. referred to as the "Ridge Designs").

Registration 68

Registration Advertising Advertising Design 68

LexBlog IP

AUGUST 31, 2021

. – a leading furniture brand and purveyor of the iconic Eames Chair Design – suffered a loss at US Trademark Trial and Appeal Board (TTAB) in its bid to protect as “trade dress” the design of the chair. The case involves a well-known chair design dating from the 1940’s, by designers Ray and Charles Eames.

Advertising 52

Advertising Advertising Designs Design 52

LexBlog IP

APRIL 5, 2023

There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant to grant registration to GUIs. Vs. The Controller of Patents and Designs and Anr. [1]

Registration 52

Registration Designs Design Public Domain 52

43(B)log

FEBRUARY 28, 2025

It has a 2018 registration for those services for the stylized wording RAMPART RESOURCES to the right of a graphic image of a road going into the horizon, with a road curving off to the right and left of the main road. Mark similarity: It is visually apparent that all aspects of the marks (font, color, design, etc.)

Advertising 52

Advertising Advertising Trademark Registration 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.”

Design 75

Design Designs Registration Trademark 75

43(B)log

APRIL 29, 2024

He posted the Cube design and 3D print files on Thingiverse.com, the largest site for 3D print objects. Kitchen Cube also stated on its website that “we designed and manufactured every kitchen measuring device in one easy to use gadget.” False advertising: Only ok against Kitchen Cube. The breach of contract claim survived.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Moran's Section 2(e)(5) functionality refusal of the design of a "serration pattern" on the blade of a knife (shown below).

Design Patent 90

Design Patent Advertising Advertising Designs 90

Intellectual Property Law Blog

MAY 2, 2023

is to “offer a resource to the organizations designing, developing, deploying, or using AI systems to help manage the many risks of AI and promote trustworthy and responsible development and use of AI systems.” For pending applications and registrations that have already issued, the applicant must update them to meet the duty of disclosure.

Government 237

Government Business Licensing Technology 237

SpicyIP

JANUARY 23, 2022

Apart from this, I will separately send out a drafting template for specification, and a complete patent prosecution file to the registrants on their email address. Questions regarding the registration, course pedagogy, waivers in fees etc. Questions regarding the registration, course pedagogy, waivers in fees etc.

Patent Drafting 105

Patent Drafting Patent Advertising Advertising 105

The IPKat

AUGUST 17, 2022

In a somewhat comparable situation, a trade mark holder has surrendered some of their registered marks, even though they were accepted by the UK Intellectual Property Office (IPO), after receiving public backlash against the registrations. What does this mean for the hundreds of other registrations that include these, or similar, words?

Social Media 137

Social Media Registration Intellectual Property Ownership 137

The TTABlog

APRIL 17, 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. The Court observed that "[a] party seeking to establish secondary meaning in a product design bears a 'formidable burden of proof.'"

Designs 64

Designs Design Advertising Advertising 64

The TTABlog

FEBRUARY 8, 2024

The Board sustained eBay's opposition to registration of the mark shown first below, for advertising and payment processing services, finding confusion likely with the registered and well-known mark EBAY in standard character form and the stylized version shown second below, for legally identical services. Text Copyright John L.

Advertising 53

Advertising Advertising Design Designs 53

The TTABlog

DECEMBER 8, 2022

In an exhaustive 107-page opinion, the Board granted petitions for cancellation of two registrations on the Supplemental Register for the color pink applied to the entire surface of hip joint implants, on the ground of Section 2(e)(5) functionality. As to the availability of alternative "designs" (i.e., C5 Medical Werks, LLC v.

Registration 72

Registration Advertising Advertising Blogging 72

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. ” Nevertheless, the successor licensee sent DMCA takedown notices to Amazon targeting the registrant’s stripped-down sticker. .” per sticker set.

Registration 132

Registration Fair Use Copyright Designs 132

IP Intelligence

MAY 9, 2024

Color marks are considered inherently nondistinctive for the purpose of eligibility for federal trademark registration. Post originally sought registration of trade dress comprising both the shape and colors of its Fruity Pebbles cereal. Post then appealed the examiner’s refusal to the Board. puff rice balls and other shapes).

Advertising 98

Advertising Advertising Trademark Registration 98

Patently-O

OCTOBER 3, 2021

Now, the company has filed a civil action in the Eastern District of Virginia seeking a court order that TBL is entitled to a registration. The TTAB gave little weight to the fact that the agency has issued registration certificates on many different shoe designs. TBL Complaint.

Trademark 132

Trademark Registration Advertising Advertising 132

TorrentFreak

OCTOBER 18, 2022

After obtaining permission from the court in late April, MPA investigators began serving third-party subpoenas on advertising brokers including Amobee, Exponential Interactive, Oracle Corporation, Yahoo Ad Tech, AdSupply, Aragon Advertising, Insticator, and Outbrain, plus Amazon and Google. Arm’s Length Advertising.

Advertising 143

Advertising Advertising Business Reporting 143

The TTABlog

MARCH 11, 2025

Less than one month after oral argument, the Board sustained this opposition to registration of DON'T MESS WITH TEX-MEX for restaurant service, finding confusion likely with the registered mark DON'T MESS WITH TEXAS for paper food containers, paper bags, and cups. First, it is a "aided awareness survey."

Registration 49

Registration Brands Branding Branding 49

IP and Legal Filings

FEBRUARY 24, 2025

In 2003, the firm’s trademark in Germany was protected due to its distinctive design. 1] In 2006, the International Trademark Association, INTA, officially recognized the importance of tactile marks by adopting a resolution in support of the recognition and registration of these marks. are two examples.

Trademark Law 52

Trademark Law Trademark Law Brands 52

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. Industrial Design.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

Plagiarism Today

OCTOBER 26, 2021

First, design elements that are “physically or conceptually separate” from the article can be protected. The name Beetlejuice, for example, has multiple registered trademarks related to it including registration number 4863369, which covers the use in “Clothing for men, women and children…”.

Trademark 279

Trademark Copyright Cease and Desist Copying 279

LexBlog IP

APRIL 6, 2023

The USPTO’s Trademark Trial and Appeal Board (“Board”) recently ordered the cancellation of two trademark registrations for product configurations of safety helmets, shown below and both directed to “ a three dimensional configuration of two ridges located along the center of a safety helmet.”

Registration 52

Registration Trademark Advertising Advertising 52

The TTABlog

JANUARY 17, 2024

Banc of California petitioned to cancel a registration for the mark shown below left, on the ground of likely confusion with its registered mark shown below right, both for, inter alia , banking services. Since both parties rely on issued registrations, priority was an issue in this proceeding. How do you think this came out?

Designs 53

Designs Design Registration Service Mark 53

Intepat

DECEMBER 4, 2023

The legal protection of these trademarks is contingent upon their registration with the relevant government authority, such as the Trade Marks Registry in India. In the era of globalization, companies with international operations must secure trademark registrations in multiple countries.

Registration 52

Registration Trademark Contracts Advertising 52

SpicyIP

FEBRUARY 17, 2025

The defendant had applied for registration of the ASTELLAZ PHARMACEUTICALS mark to which the plaintiff filed an opposition. The rectification petition was filed by the plaintiff who hold registration of the mark JAVA. The plaintiff failed to prove that the defendant sold identical products or violated his design and copyright.

Trademark 59

Trademark Copyright Registration Personality Rights 59

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights. Design Rights.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

Intepat

MAY 29, 2024

This blog delves into the essentials of trademark user affidavits, highlighting their significance, the information they must contain, and best practices for drafting them to ensure a successful registration process. This makes the Trademark User Affidavit an indispensable document in the registration process.

Registration 52

Registration Trademark Advertising Advertising 52

TorrentFreak

OCTOBER 10, 2022

In order to work legally in Italy, journalists must obtain registration from Ordine dei Giornalisti (Order of Journalists, ODG), a state-approved body that has been responsible for regulating the profession since 1963. While registration and regulation of journalists is controversial, ODG is seen as a champion of its members’ rights.

Advertising 144

Advertising Advertising Cinema Copyright Infringement 144

IP and Legal Filings

DECEMBER 17, 2024

This blog discusses the concept of non-conventional trademarks, its use in Pharmaceutical Industries, relevance and complexity surrounding the registration process under Indian Law. Section 9(1) (a) states that non–distinctive trademarks are not eligible for registration, which presents a challenge for single-colour trademarks.

Trademark 52

Trademark Brands Branding Branding 52

Intepat

JUNE 12, 2023

One very important aspect of such registration is that the protection so granted is territorial in nature, for instance, if a trademark is registered in India, then it will be protected only within the Indian territory. If the trademark is accepted during this stage then the same is advertised in the Trade Marks Journal.

Registration 52

Registration Trademark Contracts Intellectual Property 52