Technology & Marketing Law Blog

MARCH 5, 2024

The print-on-demand service at issue is Pixels, who has appeared on this blog before. The plaintiff paints fish, has a trademark in his name, “DeYoung,” and has registered copyrights. The plaintiff claims that Pixels’ users upload infringing images and refer to them by the trademark DeYoung.

Artwork 98

Artwork Trademark Publishing Marketing 98

The TTABlog

MARCH 27, 2024

The Board affirmed a refusal to register the proposed mark WE’RE HERE TO HELP WITH YOUR LEGAL NEEDS! finding that the phrase fails to function as a service mark for "legal services." That opinion had originally been deemed nonprecedential, but at the USPTO's request, the court re-designated it as precedential.

Service Mark 52

Service Mark Registration Trademark Designs 52

The TTABlog

JUNE 11, 2024

The Leathernecks Motorcycle Club was thwarted in its attempt to register the collective membership mark LEATHERNECKS in the design form shown immediately below. Nothing in Section 4 exempts collective membership marks from Section 2(a). Text Copyright John L. The Board pointed to Section 1304.03 TTABlogger comment: WYHA?

Registration 49

Registration Service Mark Government Trademark 49

The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. These rules were introduced in the 2021 amendment to Article 1360 of the Civil Code.

IP 131

IP Branding Brands Branding 131

The TTABlog

OCTOBER 10, 2023

Opposer and applicant agreed in the Asset Purchase Agreement ("APA") that opposer would “maintain sole rights in the designation ‘KME’ for use as a trademark” and that applicant would “eliminate references to ‘KME’” and “cease making use of the trade names and product or service marks of [Opposer] or confusingly similar designations or trademarks.”

Marketing 67

Marketing Marketing Ownership Registration 67

The TTABlog

DECEMBER 20, 2022

The pro se applicant argued, without success, that the proposed mark is suggestive rather than merely descriptive because "HUMAN could refer to any number of ambiguous interpretations about the mark, especially if HUMAN is used as a noun." Text Copyright John L. In re Human Data Labs, Inc. Welch 2022.

Service Mark 60

Service Mark Advertising Advertising Licensing 60

The TTABlog

DECEMBER 18, 2023

91244990 (December 14, 2023) [not precedential] (Opinion by Judge Mark A. Opposer Game Plan did not submit any evidence at trial, instead referring to "previously discovered evidence as referenced in filings already submitted to the Board," including the entire TTABVUE record. TM) Text Copyright John L. Game Plan, Inc.

Law 67

Law Registration Service Mark Litigation 67

Kashishipr

JULY 27, 2022

The term ‘ Intellectual Property (IP) ‘ basically refers to the creations of the human mind that are intangible in nature. In simple terms, it pertains to the original creations of the human intellect, including inventions, symbols, designs, artistic works, literary works, and so on. Now let us define IPRs.

Intellectual Property 52

Intellectual Property Artistic Work IP Marketing 52

Intepat

MAY 29, 2024

.” The “Claiming User Date” category pertains to trademarks that are already in use by the applicant in the market, while the “Proposed to be Used” category applies to trademarks or service marks that are for future use.

Registration 52

Registration Trademark Advertising Advertising 52

43(B)log

SEPTEMBER 16, 2021

The parties previously partnered nonexclusively so that PureThink would sell and support the commercial version of Neo4j; upon termination, PureThink expressly agreed to “cease using any trademarks, service marks and other designations of Plaintiffs.” False designation of origin: Yep.

False Advertising 62

False Advertising Advertising Advertising Licensing 62

LexBlog IP

SEPTEMBER 29, 2022

Here in a nutshell is the query the Court addressed: 16 Under Article 7(1)(b) of Regulation 2017/1001, trade marks which are devoid of any distinctive character shall not be registered. ” In fact, sound marks have been the focus of many in the EU. ” In fact, sound marks have been the focus of many in the EU.

Trademark 52

Trademark Registration Music Intellectual Property 52