Technology & Marketing Law Blog

MARCH 5, 2024

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. Trademark Infringement. Trademark Counterfeiting. eBay and Multi-Time Machine v.

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The IPKat

DECEMBER 14, 2023

Yesterday, it was all about key developments in the copyright field in the Africa IP Highlights 2023 – the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. Today, it’s about the trade marks. Katpost on the decision here.

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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. for protection of its trademark “L.O.L. company MGA Entertainment, Inc. SURPRISE!”,

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IP Branding Brands Branding 132

IP and Legal Filings

NOVEMBER 1, 2022

Regarding the IPR matters, Cambodia has issued the following legal documents: • Law concerning Marks, Trade Name and Acts of Unfair Competition dated January 8, 2002; • Law on Patents, Utility Model Certificates and Industrial Designs, in force since January 2003; • Law on Copyright and Related Right, in force since March 2003.

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The TTABlog

DECEMBER 13, 2021

Suuberg explained that, at the time of her trademark application filing, she had recently completed a post-baccalaureate premedical program, incorporated a non-profit organization, applied for tax-exempt status, and registered a domain name. What is the first use date for the restaurant's services? Text Copyright John L.

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The TTABlog

FEBRUARY 22, 2022

“become ordained” or “become a minister,” is strong evidence that Applicant’s consumers will perceive “get ordained” not as a service mark but rather for the commonly understood meaning of the words. Applicant's use of the "TM" symbol does not transform the phrase into a trademark. Text Copyright John L. Welch 2022.

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Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

The growth of Intellectual Property Rights has led to an increase in demand for trademark lawyers in India. Trademarks have become an important part of running a business. Increasingly, businesses across India are applying for trademarks. This is where you need a trademark lawyer or agent to step in.

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Biswajit Sarkar Copyright Blog

AUGUST 10, 2022

Kaira District Cooperative Milk Producers can register the word Amul for any class of goods or services. Marks that have achieved such status and reputation are known as well known trademarks. Well known trademarks are marks that have become so to a substantial segment of the public that uses such goods or services.

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The TTABlog

FEBRUARY 16, 2024

A “trade name” is defined in Section 45 of the Trademark Act as “any name used by a person to identify his or her business or vocation.” A designation used merely as a trade name cannot be registered under the provisions of the Trademark Act." A designation may function as both a trade name and a trademark. 15 U.S.C. §

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IP and Legal Filings

MARCH 28, 2024

1] The Copyright Act protects certain types of works, which are included in Section 13. 13 (1) states that original literary, dramatic, musical, and artistic works as well as cinematograph films and sound recordings are protected by copyright. The same explanation was given in “ Krishika Lulla and Ors. Ashutosh Gowarikar and Ors.” [7]

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Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

The growth of Intellectual Property Rights has led to an increase in demand for trademark lawyers in India. Trademarks have become an important part of running a business. Increasingly, businesses across India are applying for trademarks. This is where the role of trademark lawyer in India becomes crucial.

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The TTABlog

OCTOBER 20, 2023

Andrusiek's identical common law mark, also for comic books. The court concluded that the Board did not abuse its discretion in construing the petition to include a priority claim based of use analogous to trademark use, and further concluded that substantial evidence supported the Board's findings regarding Andrusiek's prior use.

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The TTABlog

FEBRUARY 21, 2023

Section 4 of the Trademark Act provides for registration of a collective membership mark, defined as a trademark or service mark adopted by a collective and used by members to indicate membership in the collective. Text Copyright John L. Emphasis by the Board]. Welch 2023.

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The TTABlog

AUGUST 5, 2024

The question, then, was "whether, as a matter of law, online retail store or mail order activities featuring only a party’s own goods are 'services' as contemplated in the Trademark Act." The Trademark Act defines "service mark" but does not define "services." Text Copyright John L. Welch 2024.

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Biswajit Sarkar Copyright Blog

JANUARY 29, 2021

The court heard that Mr. Haddad and his two brothers broke up in 2008, and that the latter have owned the BHPC name and trademark rights in the US since then through their firm, BHPC Associates. He said that companies and brands would deal with the conflict between trademark territoriality and the global existence of the internet.

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Intepat

MAY 29, 2024

Registering a trademark involves navigating various procedures and submitting several documents to the Trademark Registry. Trademark applications can be filed under two primary categories: “Claiming User Date” and “Proposed to be Used.”

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Biswajit Sarkar Copyright Blog

JANUARY 29, 2021

The court heard that Mr. Haddad and his two brothers broke up in 2008, and that the latter have owned the BHPC name and trademark rights in the US since then through their firm, BHPC Associates. He said that companies and brands would deal with the conflict between trademark territoriality and the global existence of the internet.

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Trademark Intellectual Property Branding Brands 52

The TTABlog

OCTOBER 6, 2022

TTABlog Test: Is HI-FI Confusable With HIGH FIDELITY for Overlapping Marketing Services ? Yes] TTAB Orders Cancellation of CAPTAIN CANNABIS Registration for Comic Books: Petitioner Proved Priority By Use Analogous to Trademark Use TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out? Abandonment: Precedential No.

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The IPKat

JULY 4, 2021

Kluwer Trademark Blog reported on the application. Recently, Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia have made a collective endeavor to move towards the formation of a regional system dealing with trade marks, service marks and appellations of origin of goods in the Eurasian Economic Union (EAEU).

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Chicago IP

FEBRUARY 28, 2022

Trademark Law: A powerful branding program that combines a strong trademark or service mark and a memorable advertising and marketing campaign. Copyright Law: An important and original work of authorship, in the literary, musical, visual, dramatic or other arts.

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Intellectual Property Law Intellectual Property Service Mark Invention 52

The TTABlog

NOVEMBER 27, 2023

Sections 1, 2, 3, and 45 of the Lanham Act provide the statutory basis for a refusal to register subject matter that does not function as a trademark or service mark. A threshold question in evaluating the registrability of a trademark or service mark is whether the proposed mark meets the source indication requirement.

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The TTABlog

JUNE 21, 2021

Here Opposer Barnard relied on his alleged common law service mark rights, claiming that he had used the mark prior to applicant's filing date (its constructive first use date) of March 26, 2019. TTABlogger comment: Opposer did not argue priority based on use "analogous to trademark use." Text Copyright John L.

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The TTABlog

MARCH 12, 2024

COLORADO mark in commerce as of the filing date of the underlying application because it had not yet rendered any pageant services under the mark, and that any prior use under the license inured to the benefit of the licensor, not to Abundance. Rendering services requires actual provision of services.”

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43(B)log

OCTOBER 11, 2022

Boston Suburban allegedly continued to use the “Logan Car Service” mark in online keyword advertising and in metatags, and continued to copy customer reviews from Boston Carriage’s website and publish them on online review platforms.

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The TTABlog

AUGUST 26, 2022

The Board found that Applicant's specimen of use "does not reflect that consumers of Applicant's services will perceive [either mark] as trademarks indicating. television entertainment services." Text Copyright John L. In re Caracol Televisión S.A. Serial Nos. Velcro, Inc. Read comments and post your comment here.

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Television Designs Design Service Mark 64

Biswajit Sarkar Copyright Blog

NOVEMBER 22, 2021

All companies ensure that their domain names co-relate with their respective trademarks. It helps the consumer correlate and identify the company based on their trademark. It prohibited the defendants from using the name “yahooindia.com” They could not use any other trademark that is alike the plaintiff’s brand.

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43(B)log

JANUARY 6, 2022

5-hour Energy [a frequent litigant in this space] sued mainly over trademark infringement, but also alleged false advertising (and trademark dilution). This is true even if the “gravamen” of the complaint is that the slogan promoting “up to 7 HOURS of Energy” is trademark infringement.

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Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

What is Trademark Search? Trademark search refers to any action taken to determine whether a trademark is used in commerce. Indian Trademark Search. The Procedure of Trademark Search. The Procedure of Trademark Search. There are 45 classes of trademark registration.

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The TTABlog

OCTOBER 2, 2024

The Board observed that "where the proposed mark is not inherently distinctive because it is comprised of common features in the relevant field or is typically used or perceived as ornamentation, length of use alone generally is not sufficient to satisfy the elevated burden of proving acquired distinctiveness." Text Copyright John L.

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Service Mark Social Media Intellectual Property Law Intellectual Property 58

Biswajit Sarkar Copyright Blog

SEPTEMBER 16, 2021

Preparation/ Filing of Trademark Application (s/18 of the Trademarks Act, 1999). Description of the Trademark-. Device mark. Description of the Goods or Services. Classification of the Goods or Services-. Date of Adoption of the Trademark. Date of Adoption of the Trademark. User date-.

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IIPRD

JUNE 13, 2024

This marks a significant shift in the prevailing paradigm. AI and intellectual property rights (IPR) aren’t just something for the patent and copyright geeks to nerd out on although it is that, it is something that going to have a lot of commercial and social impacts as AI challenges a lot of the ways we function in IPR.

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The TTABlog

DECEMBER 13, 2024

Failure-to-function is the original sin of trademark law. If consumers don't or won't perceive a term as indicating source, then the term is not a trademark (or service mark). Text Copyright John L. In re Brunetti , 2022 USPQ2d 764. Welch 2024.

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Intepat

SEPTEMBER 27, 2024

However, this transformation has significant challenges, such as counterfeiting, trademark infringement , and unauthorized use of copyright contents, faced by the rights holder and the creator, particularly in the domain of intellectual property rights (IPR). The Copyright Act, 1957: Under the said act, S. Flipkart India Pvt.

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The TTABlog

MAY 10, 2023

Matter that does not serve to indicate the source or origin of the identified goods and distinguish them from others does not meet the statutory definition of a trademark. As we note above, some third-party uses are service mark uses. Text Copyright John L. Think the "f" work, for example - ed. ]. One Wholesaler, Inc.

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43(B)log

OCTOBER 4, 2021

Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were. It argued that defendants copied, but didn’t identify a particular word, name, or symbol, or combination thereof, within the highlighted paragraphs, as the alleged trademark(s).

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The TTABlog

AUGUST 29, 2022

Erik Brunetti, famous in the trademark world for knocking the scandalous and immoral provision of Section 2(a) out of the Lanham Act [ TTABlogged here ], returned to the TTAB in this battle over the proposed mark F**K for phone cases, jewelry, bags, and retail store services, in four separate applications.

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LexBlog IP

FEBRUARY 28, 2022

Trademark Law: A powerful branding program that combines a strong trademark or service mark and a memorable advertising and marketing campaign. Copyright Law: An important and original work of authorship, in the literary, musical, visual, dramatic or other arts.

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