IP and Legal Filings

JULY 28, 2022

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.

Registration 96

Registration Government Reporting Marketing 96

Technology & Marketing Law Blog

JULY 16, 2021

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.,

Advertising 119

Advertising Advertising Contracts Social Media 119

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 67

Registration Designs Design Advertising 67

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

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

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 Designs Design Public Domain 52

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 111

Registration Advertising Advertising Reporting 111

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

43(B)log

AUGUST 27, 2024

PNC sued for counterfeiting, infringement, and false advertising/unfair competition under federal and Pennsylvania law. A consumer complaint cited by PNC might be relevant to false advertising, but didn’t obviously show trademark confusion: Venmo says they have lost connection with my bank – sounds like Venmo’s problem.

Advertising 52

Advertising Advertising False Advertising Designs 52

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

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

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 96

Trademark Registering Trademarks Advertising Advertising 96

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

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

The TTABlog

AUGUST 10, 2023

The Board agreed with Examining Attorney Bridget Watson that Exhart's proof of acquired distinctiveness was insufficient to justify registration. As we know, a product configuration is registrable as a trademark only upon a showing of acquired distinctiveness under Section 2(f). In re Exhart Environmental Systems, Inc.

Advertising 52

Advertising Advertising Registration Designs 52

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 111

Trademark Advertising Advertising False Advertising 111

The TTABlog

NOVEMBER 6, 2023

The Board granted a petition for cancellation of a registration for the mark CS for "amplifiers," finding that Petitioner Adamson Systems proved by a preponderance of the evidence that Respondent Peavey Electronics had discontinued use of the CS mark on amplifiers, with intent not to resume use. The Board was unmoved.

Registration 60

Registration Branding Branding Brands 60

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

The IPKat

SEPTEMBER 30, 2024

EasyGroup, on the other hand, relied on certain registrations which it acquired from a third party as part of a settlement following another(!) The Court disagreed. Applying Merck KGaA v Merck Sharp and Dohme Corp [2017] EWCA Civ 1834 , the Court noted that what was important was the purpose for which the services were provided.

Advertising 64

Advertising Advertising Registration Branding 64

SpicyIP

JANUARY 14, 2024

Recently, the Delhi High Court clarified that the distinctness, uniformity and stability (DUS) testing is a must before a plant variety registration application can be advertised by the Plant Varieties and Farmers’ Rights Authority. Sungro”), which were sent for DUS testing but also advertised before the testing results came in.

Advertising 64

Advertising Advertising Registration Reporting 64

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 Branding 40

The TTABlog

SEPTEMBER 25, 2023

Because consumers are accustomed to seeing “a new kind of soda” commonly used in beverage advertising—much less the phrase “a new kind of ” used in advertising in general—they would not perceive it as a mark identifying the source of Applicant’s goods but rather as merely conveying an informational message.

Trademark 70

Trademark Registration Advertising Advertising 70

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

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 96

Advertising Advertising False Advertising Trademark 96

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 88

Advertising Advertising Registration Designs 88

The IPKat

SEPTEMBER 22, 2022

According to the Court, the advertising and promotional activities for the marks relating to hotel and ancillary services constitute acts of use of an EU trade mark. For the most part, when looking for a hotel room, Merpel does not look for "standard" services. The EU trade mark was registered in 2011.

Advertising 52

Advertising Advertising Intellectual Property Marketing 52

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 136

Social Media Registration Intellectual Property Ownership 136

The TTABlog

APRIL 19, 2024

The Board sustained this opposition to registration of the proposed mark WOOLWAX for "corrosion inhibitors in the nature of a coating; rust preventatives in the nature of a coating" and for "all purpose lubricants," on the ground of mere descriptiveness under Section 2(e)(1).

Advertising 57

Advertising Advertising Registration Marketing 57

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 97

Due Diligence Registration Government Technology 97

The TTABlog

OCTOBER 5, 2023

This suggestion was confirmed by Opposer's advertising, which "touts the California sunshine under which Opposer’s citrus fruits are grown." As to commercial strength, there were no third-party uses or registrations of the same or similar sun-kissed formative marks in the industry. Applicant markets KIST to reference a kiss."

Advertising 67

Advertising Advertising Marketing Marketing 67

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 73

Journalism Advertising Advertising Registration 73

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 52

Branding Branding Brands Technology 52

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 91

Registration Television Advertising Advertising 91

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 133

Registration Advertising Advertising Law 133

The TTABlog

AUGUST 14, 2024

The Board denied this petition for cancellation of a supplemental registration for the color mark (red-white-and-blue) shown below left, for "metal fence posts," finding confusion unlikely with the registered color mark (red top) shown below right for "metallic fence posts." Critically, as to appearance, the Board found the marks dissimilar.

Registration 67

Registration Advertising Advertising Trademark 67

The TTABlog

JULY 29, 2021

In a case decided under the TTAB's ACR regime, the Board granted a petition for cancellation of Nema Foods' twenty-year old registration for the mark SEYIDOGLU (in standard form) for various food items, finding that the mark falsely suggests a connection with Petitioner, a major manufacturer of food products, including Turkish desserts and jams.

Registration 52

Registration Cease and Desist Ownership Advertising 52