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The IPKat has received and is pleased to host the following guest contribution by former GuestKat Nedim Malovic (ASSA ABLOY), commenting on a recent referral to the EUIPO Grand Board regarding the registrability of face trade marks. In light of the foregoing, the Board decided to stay the proceedings and refer the case to the Grand Board.
Skillz sued its competitor Papaya, alleging false advertising under federal and state law. That is, false advertising was sufficiently pled as to statements that games on Skillzs platforms did not use bots, matched players evenly, and allowed users to withdraw funds at any time. Skillz Platform Inc. Papaya Gaming, Ltd.,
Advertising/E-Commerce. While such social media posts may not have the indicia of a traditional advertisement, there can belittle doubt that these paid posts are in fact advertisements… Today, consumers face waves of advertisements amid a sea of product choices. Ariix, LLC v. NutriSearch Corp.,
Here's what Anna Maria and Lorenzo write: Parasitic advertising on UEFA Euro 2020: Italian Competition Authority imposes first sanction for ambush marketing by Anna Maria Stein and Lorenzo Maniaci Ambush Kat By its decision No. 16 of 11 March 2020 ('Law-Decree No. 16/2020'), converted with amendments, by Law No. 31 of 8 May 2020 ('Law No.
The EU IPO denied a trademark registration for the following symbol in various real estate-related classes: The trademark examiner determined that the symbol means “I love you” in American Sign Language (ASL). Others refer to the symbol as “ILY,” and Emojipedia refers to it as the “Love-You Gesture.”
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.
The arbitral award dated February 28, 2025 , underscores the importance of accurate registrant information and reinforces that cybersquatting – even passive holding of infringing domains will not go unchecked. The Arbitrator referred to similar decisions under WIPO and INDRP that considered such conduct as evidence of bad faith.
Maharashtra Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rates of Interest and Disclosures on Website) Rules, 2017. Registration of Real Estate Projects. Registration of Real Estate Agents. Under this Act, all real estate agents must register.
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 ”.
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").
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?
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.
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.”
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.,
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.
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.,
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. Advertising media: Both parties stated that word of mouth advertising is perhaps their strongest form of advertising.
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.
This blog discusses the concept of non-conventional trademarks, its use in Pharmaceutical Industries, relevance and complexity surrounding the registration process under Indian Law. The trademarks act, 1999, references colour combinations in section 2(1)(m), 2(1)(zb), and 10(1).
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.
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!”
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.
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.
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.
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.
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').
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.
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.
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.
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.
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.
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.
” [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.
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.
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.
“[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.”
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.
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.
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.
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.
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.
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.
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.
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.
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