The IPKat

SEPTEMBER 12, 2022

From time to time, this Kat receives queries from clients in relation to the registrability of slogans as trade marks. Well, NO… but… According to the Collins English Dictionary , a slogan is “ a short phrase that is easy to remember ”, and is “ used in advertisements… who want people to remember what they are saying or selling ”.

Registration 113

Registration Advertising Advertising Reporting 113

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

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

TorrentFreak

JULY 20, 2022

Like PrimeWire’s domains, HydraWire’s has hidden registration details and sits behind Cloudflare. The MPA’s investigators have also been monitoring the /r/primewireli sub-Reddit where posts advertising HydraWire as the PrimeWire alternative were left up and those referring to competing services were taken down.

Advertising 145

Advertising Advertising Business Copying 145

Technology & Marketing Law Blog

JUNE 8, 2024

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. ” But the trademark registration was over 5 years old, so it had become “incontestable.” ” That prompted this litigation. ” The right answer should be “no one.”

Trademark 129

Trademark Advertising Advertising False Advertising 129

The IPKat

APRIL 4, 2023

designated the EU in its International Registration F **G AWESOME , which was based on three registered US trade marks (serial nos. The International Registration covers various goods in classes 9, 18, 25, and 28, including eyewear, different types of bags, clothing and skateboards. Background The applicant, FA World Entertainment Inc.,

Advertising 96

Advertising Advertising Art Registration 96

Erik K Pelton

JULY 31, 2020

It could sometimes include a business card if it references the service. Say you’re a realtor or an attorney and the business card makes some reference to the actual nature of the work, as well as the trademark of the brand name that would generally be acceptable. It could include a brochure.

Trademark 130

Trademark Advertising Advertising Editing 130

The TTABlog

NOVEMBER 17, 2023

In a highly detailed and instructive opinion, the Board granted a petition for cancellation of a registration for the product configuration shown below, for a "spring-loaded glass-breaking device," on the ground of de jure functionality under Section 2(e)(5). The Board looked to the factors set forth in In re Morton-Norwich Prods.,

Registration 69

Registration Design Designs Advertising 69

43(B)log

OCTOBER 28, 2024

It didn’t get a chance to decide the false advertising claims, which I think reflects courts’ relatively lax approach to TM compared to the rigors to which false advertising claims are subjected before reaching a jury; personally, I likely would have gone the other way. Sanho has a registration for HYPERDRIVE.

False Advertising 59

False Advertising Advertising Advertising Design 59

Garrigues Blog

NOVEMBER 6, 2023

The General Court of the European Union recently refused to allow registration of the “BECAUSE THERE IS NO PLANET B” mark for cosmetic products, stationery and other accessories, holding that it lacked the distinctive character required for the general public to identify it as a trademark.

Advertising 52

Advertising Advertising Trademark Registration 52

43(B)log

APRIL 26, 2023

Creager sells Montana post drivers (made in China) that compete with the Texas post drivers sold by IDT (advertised as made in the USA). IDT created an ad for its products using two images of Montana post drivers for which Creager later obtained a copyright registration. There’s more, including public disputes on Craigslist.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

IP and Legal Filings

JUNE 10, 2024

The plaintiffs argued that the in Parle Agro’s label, “For the Bold” was prominently displayed and emphasis was given to the contested tagline in all the advertising campaigns. As evidence, advertisements featuring on Parle’s Facebook Page on 28 th November 2020 and 3 rd January 2021 were presented before the court. For the Bold!”

Trademark 97

Trademark Advertising Registering Trademarks Advertising 97

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. puff rice balls and other shapes). 1] In re Post Foods, LLC , Serial No. 88857834 (TTAB Jan.

Advertising 98

Advertising Advertising Trademark Registration 98

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

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

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

The IPKat

NOVEMBER 30, 2023

The case concerned the registration of 'Prosecco' as a GI in Singapore. This Kat was interested to see a court finally address this argument Singapore has offered protection for GIs since 1999, but it only adopted a registration-based system in the last decade with the Geographical Indications Act 2014 ('GIA').

Registration 134

Registration Advertising Advertising Law 134

Kashishipr

SEPTEMBER 8, 2021

Trademark Registration provides the exclusive rights to the owner to pursue legal action in case of infringement. If any word is to be adopted as a trademark, it cannot be a term that is primarily understood by people as referring to a ‘product category.’ The appellate board did not interfere with the decision.

Trademark 105

Trademark Registration Branding Brands 105

43(B)log

SEPTEMBER 16, 2021

It has trademark registrations for the word mark “NEO4J.” On GitHub, the landing page was called “ONgDB – Neo4j Enterprise Fork: Graphs for Everyone,” contained numerous references to Neo4j throughout, and was very similar to that of Neo4j EE. Summary judgment granted on state and federal false advertising claims.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

Technology & Marketing Law Blog

AUGUST 30, 2023

This is a competitive keyword advertising lawsuit. The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising.

Advertising 98

Advertising Advertising False Advertising Trademark 98

The IPKat

FEBRUARY 27, 2023

The case deals with the topic of whether the registration of slogans is allowed by EU trade mark law, this being a topic that The IPKat has also devoted substantial attention to (see here ). Rimini Street sought to have its International Registration (IR) No. v EUIPO ) involving American company Rimini Street, Inc. and the EUIPO.

Advertising 89

Advertising Advertising Registration Design 89

IP and Legal Filings

FEBRUARY 2, 2023

An intermediary that provides one or more online games is referred to as a “online gaming intermediary.” Powers of MeitY : MeitY has the authority to suspend the registration of a registered SRB following a hearing over a non-compliance and to notify a registered SRB of such non-compliance along with instructions to correct it.

Due Diligence 98

Due Diligence Registration Government Technology 98

SpicyIP

APRIL 17, 2023

Krbl Limited was alleged infringement and passing off of the plaintiff’s trademark registrations for marks that include the word ‘Royal’, by the defendant’s mark ‘Zabreen Royal’ (‘Impugned Mark’). Responding in the affirmative, the Calcutta High Court has swung the interpretative pendulum back in favor of GUIs being registrable.

Advertising 105

Advertising Advertising Confidentiality Trademark 105

Technology & Marketing Law Blog

JANUARY 28, 2022

” [The court is referring to the call-to-action here.]. The sequence in which it appears during the registration process renders it less likely to draw the user’s attention. Just rewriting the call-to-action to cross-reference the “done” button would have ameliorated this point a lot. Another own-goal by Uber.

Contracts 125

Contracts Registration Design Designs 125

TorrentFreak

JANUARY 2, 2024

Since it’s relatively easy to identify the world’s largest sites operating in that sector, why go on to mysteriously refer to the platform only as ‘M’? For registration restriction request procedures, please refer to the Posting Takedown and Rights Protection document.

Advertising 124

Advertising Advertising Reporting Publishing 124

LexBlog IP

APRIL 5, 2023

Graphical User Interface (GUI) refers to icons, windows, and/or menus to offer a mechanism to interact with electronic devices visually. There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. In the case of UST Global (Singapore) Pte.

Registration 52

Registration Design Designs Public Domain 52

JIPL Online

FEBRUARY 26, 2021

In June of 2020, the Supreme Court of the United States (“SCOTUS”) held that a “generic.com” is eligible for trademark registration so long as the consumer recognized the mark as a distinguishing member of a certain class of goods or services. [i] BOOKING.COM refers to some specific entity.” The Decision.

Trademark 98

Trademark Registration Trademark Law Advertising 98

43(B)log

SEPTEMBER 21, 2021

“[R]eferences to classroom locations and physical attendance requirements in Columbia’s syllabi, departmental policies and handbooks, and course registration portal … merely memorialize the pre-pandemic practice; they offered no guarantee that it would continue indefinitely.”

False Advertising 59

False Advertising Contracts Advertising Advertising 59

43(B)log

SEPTEMBER 28, 2021

Entrepreneur has 15 federal registrations that include the word “entrepreneur.” Entrepreneur’s desire to bring forth a claim for false advertising against a competitor in a similar market is not unusual behavior.” So the motion to add a false advertising claim was denied without prejudice. Roach, 2021 WL 4134836, No.

False Advertising 45

False Advertising Advertising Advertising Contracts 45

SpicyIP

OCTOBER 24, 2022

There exist numerous certification marks which have been granted registrations erroneously. This post will briefly examine the requirements for certification marks and will analyse a few erroneous registrations. The mark was Advertised as a certification mark in Trade Marks Journal No: 1979 referring to Section 18(2) of the TM Act.

Journalism 81

Journalism Advertising Advertising Registration 81

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

SpicyIP

AUGUST 22, 2022

On 2 nd December 2021, Mason Rothschild began advertising an NFT collection of fur-covered Birkin-like handbags that he designed, advertising them as ‘METABIRKINS’. i)advertising or promotion that permits consumers to compare goods or services; or. (ii)identifying The Hermès-Rothschild Dispute.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Kashishipr

NOVEMBER 3, 2021

Consumers stop referring to the trademark as a proper noun for the brand owner’s product but refer to it as a common noun to mean a product category. Interestingly, in these cases, the trademark owner itself/himself misused the trademark as the generic name of the product in advertising and Patent Applications.

Trademark 105

Trademark Branding Brands Branding 105

IP and Legal Filings

NOVEMBER 23, 2024

Blockchain Technology [7] refers to a secured process of recording and sharing information across a network of computers to enhance trademark protection. Section 28 of the said act deals with the registration while section 29 deals with infringement and remedies. Remedies include injunctions, damages, and accounts of profits.

Branding 104

Branding Brands Branding Technology 104

Kashishipr

MAY 4, 2022

Even if you have the Trademark Registration in place, it is essential to understand that the trademark rights are not self-executing; being the trademark owner, you are ultimately responsible for monitoring the marketplace and your use as well to safeguard well against losing the rights. Bottom Line.

Social Media 105

Social Media Trademark Cease and Desist Registering Trademarks 105

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. Maccoffee first appeared on IPLF.

Trademark 98

Trademark Intellectual Property Registration Registering Trademarks 98

Copyright Lately

JANUARY 29, 2024

Here are seven words you should never say in a copyright infringement case: “I don’t have a copyright registration yet.” That’s because under section 411(a) of the Copyright Act, registration with the U.S. Copyright Office is a prerequisite to filing a complaint for copyright infringement. In 2019, the U.S.

Registration 92

Registration Television Advertising Advertising 92