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Trademarks

  • Invalidity counterclaims: a useful tool in litigation and prosecution  

    Erica Vaccarello and Fabio AngeliniWith decision C-425/16 of October 19, 2017, the European Union Court of Justice (“CJEU”) pronounced on whether or not EU national courts can dismiss an infringement action without first ruling on a counterclaim for invalidity, and if the courts must wait until the decision on the counterclaim ... Read More
    Source: Kluwer Trademark BlogPublished on 2017-11-22
  • Profs. Beebe and Hemphill: “The Scope of Strong Marks: Should Trademark Law Protect the Strong More Than The Weak?”

    Professors Barton Beebe and C. Scott Hemphill of New York University School of Law challenge trademark orthodoxy in their new article, "The Scope of Strong Marks: Should Trademark Law Protect the Strong More Than The Weak?," 92 N.Y.U. Law. Rev. 1390 (November 2017). [pdf here]. It is a black letter ... Read More
    Source: The TTABlogPublished on 2017-11-22By John L. Welch
  • Twentieth Century Fox Television Wins Trademark Case, ‘Empire’ Does Not Infringe

    The 9th Circuit affirmed the title 'Empire' was speech protected under the First Amendment and did not infringe trademarks owned by Empire Distribution... The panel instead determined that the title Empire supported both the themes and the geographic setting of the work. The panel also found the the use of ... Read More
    Source: IP Watch DogPublished on 2017-11-22By Steve Brachmann
  • Rasogolla GI Battle, Verizon Case, The Dravidian Amazon Best Seller, LeBron James and Apple ProMotion Trade Mark , Anushka Sharma Launches Nush and more trade mark news

    “Indian Trade Mark Statistics for November (Third Week) 2017, LeBron James and Apple ProMotion Trade Mark , Anushka Sharma Launches Nush, The Dravidian on Amazon Best Seller List, Verizon Case,  and more,” brought to you by Trade Mark Attorneys at BananaIP (BIP) Counsels. TRADE MARK QUOTE OF THE WEEK ‘When ... Read More
    Source: BIP CounselsPublished on 2017-11-22By BananaIP Reporter
  • WHO Draft Work Program To Be Presented, Discussed This Week

    The World Health Organization is presenting its draft work program for 2019-2023 for consideration by member states this week. ... Read More
    Source: IP WatchPublished on 2017-11-22By Catherine Saez
  • Get Prepared For A Passel Of EU Legislation On Copyright And Related Rights

    This week several committees in the European Parliament voted on a pile of copyright-related dossiers, and in some instances the steps taken were really small. But the issues include controversial aspects in the legislative drafts on copyright review, broadcasting content and digital content, such as an obligation for providers to ... Read More
    Source: IP WatchPublished on 2017-11-22By Monika Ermert
  • Brexit Drives European Medicines Agency To The Netherlands, Move By March 2019

    As a consequence of the decision of the United Kingdom to go its separate way, the remaining European Union member states decided yesterday that the European Medicines Agency should move to Amsterdam by the end of March 2019. ... Read More
    Source: IP WatchPublished on 2017-11-21By Catherine Saez
  • TTAB TEST: Is “UNI/FORM” Merely Descriptive of Clothing?

    The USPTO refused registration of the mark UNI/FORM in standard character form, finding it to be merely descriptive of clothing, namely, belts, shorts, t-shirts, etc. On appeal, applicant contended that the mark is merely suggestive of its goods, which are "non-standardized, individual and voluntarily purchased medium to high price-point clothing." ... Read More
    Source: The TTABlogPublished on 2017-11-21By John L. Welch
  • Conducting Salary Discussions in New York City after November 1, 2017

    By Marc Jacobson, Esq. Don't ask for an applicant's salary history, whether for you or your client, when interviewing that applicant for employment in New York City. You were asked to represent a film production to take place in NYC. As part of that engagement, you were asked to negotiate ... Read More
    Source: NYSBAPublished on 2017-11-21
  • Which Trademark Came First, BUTTERBALL Turkey Or BUTTERBALL Ham?

    We used to have a Thanksgiving turkey tradition at the Trademark and Copyright Law Blog. Just before every fourth Thursday of November, we’d type in our LEXIS NEXIS password and find a judicial opinion from a turkey trademark case.  We covered the 2007 genericide of the TURKEY STICK, explained the ... Read More
    Source: Trademark and Copyright LawPublished on 2017-11-20By David Kluft
  • Germany: The Black Friday Trademark Battle

    Oliver LöffelThe Black Friday shopping storm 2017 will kick off soon. However, the Black Friday battle has already begun in Germany. The dispute circles around a German trade mark Black Friday, the owner of the trademark being based in Hong Kong, and it’s German licensee. In fact, all traces “lead ... Read More
    Source: Kluwer Trademark BlogPublished on 2017-11-20
  • US NAFTA Negotiating Objectives For IP: Go Big On Digital IP Protection, Fend Off GIs

    The Office of the United States Trade Representative (USTR) has issued a set of negotiating objectives for renegotiating the 1994 North American Free Trade Agreement (NAFTA) that include its hopes for elevating intellectual property in the trade deal. Included in the list: force Canada and Mexico to ratify international treaties, ... Read More
    Source: IP WatchPublished on 2017-11-20By William New
  • Rise Of Global Value Chains Propels Intangible Capital Revenues, WIPO Report Says

    A World Intellectual Property Organization report released today shows the growing global importance of intangible capital and its share in the value of end products. The report does not however provide a geographical repartition of this value, nor who actually owns the returns on intangible capital. Three case studies shed ... Read More
    Source: IP WatchPublished on 2017-11-20By Catherine Saez
  • TTAB Test: Is TRAILERSHARING Merely Desctiptive of Trailer Rental Services?

    The USPTO refused registration of the marks TRAILERSHARING under Section 2(e)(1), finding it merely descriptive of trailer rental services. It refused registration of U-HAUL TRAILER SHARING, U-HAUL TRAILERSHARING, U-HAUL TRAILER SHARE and U-HAUL TRAILERSHARE without a disclaimer of the word TRAILERSHARE and variations thereof. On appeal, Applicant U-Haul argued that ... Read More
    Source: The TTABlogPublished on 2017-11-20By John L. Welch
  • Week in Review

    By Michael Smith Below, for your browsing convenience, the categories are divided into Entertainment, Art, Sports, and Media. First, of general interest: Ninth Circuit Partially Reinstates Trump Travel Ban The Ninth Circuit Court ruled that the Trump administration's travel policy blocking entry to travelers from Chad, Iran, Libya, Somalia, Syria, ... Read More
    Source: NYSBAPublished on 2017-11-20
  • Selecting the Right Trademark for Your Business

    From a legal standpoint, a trademark that has no relation to the product or services offered will be the strongest type of mark. For example, trademarks such as "Google" for a search engine, "eBay" for online auctions and "Bose" for audio equipment make excellent and strong trademarks. Descriptive marks provide ... Read More
    Source: IP Watch DogPublished on 2017-11-18By Gene Quinn
  • Case Note: Kar HC on M/S Adiga Sweets vs M/S Vasudeva Adigas Fast Food Pvt

    [Image from here.] This is a well-written judgment which is on expected lines. The judgment is a value addition to the extant jurisprudence on trademarks / passing off since it deals with the psychological impact with respect to ‘deceptive similarity’ and ‘confusion’. Facts: The appellant, M/s. Adiga Sweets challenged the ... Read More
    Source: Spicy IPPublished on 2017-11-17By Mathews P. George
  • Norway: Is a (famous) work of art contrary to accepted principles of morality or public policy under Article 3 of the Trade Mark Directive, part 2?

    Thomas Hvammen NicholsonThis is a follow up to the blog post of 4 September, regarding Oslo Municipality’s attempt to obtain trade mark protection for the body of works of art of Norwegian artist Gustav Vigeland. The trade mark application for the entrance to the Vigeland ParkPreviously, the EFTA Court concluded ... Read More
    Source: Kluwer Trademark BlogPublished on 2017-11-17
  • TTAB Test: Which Of These Three Section 2(d) Refusals Was Reversed?

    Here we go again! I hear the trumpets blow again! Oh, nevermind. You may recall that a TTAB judge once remarked that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the goods or services. Here for your ... Read More
    Source: The TTABlogPublished on 2017-11-17By John L. Welch
  • TTAB Test: Is CAREBOARD Confusable with ECAREBOARD for Patient Information Systems?

    The USPTO refused to register the mark CAREBOARD for computer hardware and software for monitoring hospital patients, staff, and equipment, finding the mark likely to cause confusion with the registered mark ECAREBOARD for interactive computer platforms for providing information to patients. Applicant argued on appeal that the letter "E" distinguishes ... Read More
    Source: The TTABlogPublished on 2017-11-16By John L. Welch
  • Denmark: Estoppel – what does case law say?

    Lasse Søndergaard Christensen and Louise Thorning AhleThis is the final part of the two-part blog on estoppel which will focus on relevant case law where estoppel is essential to the result of the case. You can read the first part of the blog which deals with the theory of estoppel ... Read More
    Source: Kluwer Trademark BlogPublished on 2017-11-16
  • TPP Texts Show Suspended IP Provisions

    Trade ministers negotiating the Trans-Pacific Partnership agreement have released the list of provisions they have suspended, including a range of articles related to intellectual property rights, such as patentable subject matter, test data protection, biologics, copyright terms of protection, and technological protection measures. ... Read More
    Source: IP WatchPublished on 2017-11-16By William New
  • ITU Report Analyzes Revolution In Internet Of Things, Big Data, Cloud, AI

    The UN International Telecommunication Union (ITU) today released its annual report on the global information society, this year providing detailed analysis of the transformational "revolution" underway involving the Internet of Things, big data, cloud computing and artificial intelligence. It also ranked countries by their level of ICT development. Hint: the ... Read More
    Source: IP WatchPublished on 2017-11-15By William New
  • Daimler trademark lawsuit alleges that Amazon.com doesn’t do enough to prevent infringement and counterfeits

    At issue in the trademark infringement suit is Amazon’s sale of counterfeit wheel center caps bearing distinctive Mercedes-Benz trademarks... Daimler argues that Amazon “facilitates the sale of an exorbitant number of counterfeit and infringing goods” through its platform, counterfeit activity which has increased since 2015 when the company began inducing ... Read More
    Source: IP Watch DogPublished on 2017-11-15By Steve Brachmann
  • Weekly Trade Mark News: Nokia and Mr. NOOKAYYA Trade Mark Battle, Virat Kohli Launches Sleepwear Collection, Tinkle Merchandises, Durgi Stone Carvings GI and more.

    “Indian Trade Mark Statistics for November (Second Week) 2017, Nokia Trade Mark Infringement, Tinkle Launches Merchandise, Virat Kohli Launches Sleepwear Collection, Durgi Stone Carvings GI and more,” brought to you by Trade Mark Attorneys at BananaIP (BIP) Counsels. TRADE MARK QUOTE OF THE WEEK “A brand for a company is ... Read More
    Source: BIP CounselsPublished on 2017-11-15By BananaIP Trademark Attorneys
  • Week in Review

    By Tiombe Tallie Carter, Esq. Democrats Score Two Big Victories in Trump Rebuke The most recent election sent a clear message: Americans rebuke President Trump and Republicans. Virginia was decidedly clear, with Lt. Gov. Ralph Northam's 9-point victory over Ed Gillespie, the Republican nominee. Although Mr. Gillespie introduced wedge issues, ... Read More
    Source: NYSBAPublished on 2017-11-14
  • CAFC Affirms TTAB’s Section 2(d) Refusal of SENSI for Diapers: Extrinsic Evidence of Meaning Irrelevant

    In a nonprecedential per curiam opinion, the U.S. Court of Appeals for the Federal Circuit affirmed the TTAB's decision (here) that upheld a Section 2(d) refusal of the mark SENSI for diapers. The Board found the mark likely to cause confusion with the registered mark SENSI-CARE for diaper rash ointments. ... Read More
    Source: The TTABlogPublished on 2017-11-14By John L. Welch
  • Openly Accessing the Old Annual Patents and Trademarks Reports

    Of late, the Indian IP authorities have been making sincere efforts towards improving open access to IP data. Although these efforts are indeed laudable, much remains to be done. For instance, the Annual Reports of the Office of the Controller General of Patents, Designs and Trade Marks for years prior ... Read More
    Source: Spicy IPPublished on 2017-11-13By Pankhuri Agarwal
  • Brief: Next Global Congress On IP And The Public Interest

    American University Washington College of Law (AUWCL) Program on Information Justice and Intellectual Property has announced the hosting of Fifth Global Congress on Intellectual Property and the Public Interest, from 27-29 September 2018. And it is now actively seeking sponsors, partners and expressions of interest. ... Read More
    Source: IP WatchPublished on 2017-11-13By William New
  • TTAB Test: Are Distilled Spirits and Brewpub Services Related for Section 2(d) Purposes?

    The USPTO refused to register the mark BSB for "distilled spirits," finding it likely to cause confusion with the registered mark shown below, for "brewpub services; taproom services; taproom services featuring beer brewed on the premises." On appeal, the Board found that the similarity in the marks (the letters BSB) ... Read More
    Source: The TTABlogPublished on 2017-11-13By John L. Welch