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Trademarks

  • Least Developed Countries Ask For Better Implementation Of TRIPS Tech Transfer Requirements

    The World Trade Organization council on intellectual property rights will hold the first of its three annual meetings next week. The now-usual item on IP and innovation is joined by a discussion topic on IP and the public interest. Separately, the WTO least developed countries group has put forward a ... Read More
    Source: IP WatchPublished on 2018-02-23By Catherine Saez
  • TTAB Test: Are These Two Marks for Fruit Preserves Confusingly Similar?

    The USPTO refused registration of the mark PANACHE (in standard characters) for "apple butter; apple purée; processed apples," finding it likely to cause confusion with the registered mark MANGO MANGO MANGO PRESERVES A PANACHE PARTY PRESERVE and design (shown below) for "fruit preserves" [MANGO and MANGO PRESERVES disclaimed]. How do ... Read More
    Source: The TTABlogPublished on 2018-02-23By John L. Welch
  • Weekly TM News – Gucci Stripes Not For Forever 21, Renault’s Super Hero Vehicles and Other News

    “Indian Trade Mark Statistics for February (Third Week) 2018, Gucci Stripes not for Forever 21, Renault’s Super Hero Vehicles, Grasim Industries Trademark Suit, and more brought to you by the Trade Mark Attorneys at BananaIP (BIP) Counsels. TRADE MARK QUOTE OF THE WEEK “A great trademark is appropriate, dynamic, distinctive, ... Read More
    Source: BIP CounselsPublished on 2018-02-22By BananaIP Trademark Attorneys
  • Weekly TM News – Gucci Stripes Not For Forever 21, Renault’s Super Hero Vehicles and Other News

    “Indian Trade Mark Statistics for February (Third Week) 2018, Gucci Stripes not for Forever 21, Renault’s Super Hero Vehicles, Grasim Industries Trademark Suit, and more brought to you by the Trade Mark Attorneys at BananaIP (BIP) Counsels. TRADE MARK QUOTE OF THE WEEK “A great trademark is appropriate, dynamic, distinctive, ... Read More
    Source: BIP CounselsPublished on 2018-02-22By BananaIP Trademark Attorneys
  • Two Product Configurations Fail to Clear Section 2(f) Hurdle, Says TTAB

    Product configuration can never be inherently distinctive trademarks. So says Wal-Mart v. Samara Bros. Moreover, such proposed marks face a heavy burden when the applicant attempts to establish acquired distinctiveness under Section 2(f). Here are two recent cases in which the applicants failed to clear the 2(f) hurdle.In re Kronebusch ... Read More
    Source: The TTABlogPublished on 2018-02-22By John L. Welch
  • Colgate-Palmolive Files Trademark Suit Over Use of ‘360’ Branding on Toothbrushes, Oral Care Products

    Colgate-Palmolive (NYSE:CL) filed a lawsuit alleging trademark infringement in the Southern District of New York against Grand Rapids, MI-based oral healthcare company Ranir LLC. At issue in the case are toothbrushes being sold by Ranir which allegedly infringe upon the “360°” trademark, which is owned by Colgate... Since releasing the ... Read More
    Source: IP Watch DogPublished on 2018-02-22By Steve Brachmann
  • Professor Tells UN, Governments Of Coming “Tsunami” Of Data And Artificial Intelligence

    NEW YORK -- Technology is moving so fast it could cause harm to humans even as it brings remarkable advances unless governments act, an Israeli professor and visionary thinker told a gathering of government and United Nations representatives here last week. A hint? In the next five years we are ... Read More
    Source: IP WatchPublished on 2018-02-21By William New
  • TTAB Grants Summary Judgment Motion, Finding Fusible Link Configuration De Jure Functional

    The Board granted Tyco Fire's motion for summary judgment, finding the product configuration marks shown below, for a "a heat fusible link for use in fire protection," to be functional under Section 2(e)(5). The mark on the left "consists of a configuration of a copper rectangular heat fusible link with ... Read More
    Source: The TTABlogPublished on 2018-02-21By John L. Welch
  • Bombay High Court Comes Down Heavily on Listed Pharma Company for Engaging in Persistent Trademark Infringement

    In a notable development, the Bombay High Court (“Court”) recently came down heavily on Syncom Formulation (India) Limited, a listed pharma company, for circumventing court orders and engaging in infringing conduct in a persistent fashion. The Court’s observations came in a suit for trademark infringement filed by the ... Read More
    Source: Spicy IPPublished on 2018-02-21By Rahul Bajaj
  • USPTO Anticipates Slight Decline In Patent Filings, Including For PCT

    The United States Patent and Trademark Office (USPTO) is predicting a slight decline in some patent filings for 2018 and 2019, including through the international Patent Cooperation Treaty (PCT) managed by the World Intellectual Property Organization. Trademarks, meanwhile, will likely see slowing growth. ... Read More
    Source: IP WatchPublished on 2018-02-21By William New
  • (SKY)KICKing important questions of clarity and bad faith from the UK to the CJEU

    Julius Stobbs and Geoff WellerIn Sky v Skykick [2018] EWHC 155 the High Court has asked the CJEU to answer key questions about the validity of UK and EUTM registrations. Sky alleged trade mark infringement of their UK and EUTMs by SkyKick.  Skykick denied this and counter-argued that Sky’s registrations ... Read More
    Source: Kluwer Trademark BlogPublished on 2018-02-20
  • TTAB Affirms Failure-to-Function Refusal of Ribbon/Banner Background Design for Horse Tail Cleaners

    The Board affirmed a refusal to register the design shown below, for "Non-medicated cleaning preparations for livestock, horses, and domestic animals, ...." and various other products for said animals, agreeing with Examining Attorney Barbara A. Gaynor that the design fails to function as a trademarks. Said the Board: "Applicant’s applied-for ... Read More
    Source: The TTABlogPublished on 2018-02-20By John L. Welch
  • Contributors: Japan Patent Office Decides “TE’ CON MIEL” (Tea With Honey) Is Distinctive In Relation To Tea

    In a recent trademark opposition, the Opposition Board of the Japan Patent Office (JPO) decided to overrule the opposition against TM Registration no. 5951823 for word mark “TÉ CON MIEL” designating tea in class 30 due to distinctiveness of the mark among relevant Japanese consumers. ... Read More
    Source: IP WatchPublished on 2018-02-20By William New
  • Week In Review

    By Leslie Berman Edited by Elissa D. Hecker White House Proposes $4.4 Trillion Budget That Adds $7 Trillion to Deficits The President's budget proposal outlines steep cuts to domestic programs, large increases in military spending and a ballooning federal deficit. The budget request adds $984 billion to the federal deficit ... Read More
    Source: NYSBAPublished on 2018-02-20
  • Goldman v. Breitbart, et al. (Photographer v. News Media)

    By Cristopher Beall Judge Forrest of the SDNY issued a decision last week in a photographer case against various news media. Judge Forrest rejected the so-called "server test" as a defense to a claim of infringement arising from the news organizations' use of an "embed" feature to allow recipients of ... Read More
    Source: NYSBAPublished on 2018-02-20
  • US 2019 Budget Proposal Shows Stable Funding For WIPO, WTO, WHO, ITU

    While the Trump administration has taken aim overall at US contributions to international organisations since taking office last year, the budget proposal it put forward last week would roughly maintain last year's lower levels for a range of Geneva-based agencies without making further cuts. Others did not fare as well. ... Read More
    Source: IP WatchPublished on 2018-02-19By William New
  • A Note on Ansari Bilal Ahmadlal Mohd vs Shafeeque Ahmed Mohammad Sayeed (Bom HC)

    This judgment helps to us to have a quick revision of settled legal principles vis-a-vis interim relief in trademark infringement suits. Firstly, in case of interim reliefs, the extent of interference by Appellate forums in the discretion exercised by trial courts is limited. Secondly, in judging confusion, the test to ... Read More
    Source: Spicy IPPublished on 2018-02-19By Mathews P. George
  • Gilead Wins Sovaldi Domain Dispute Over Buyers’ Club Generic Sellers

    Pharmaceutical company Gilead has made headlines in recent years for offering the hepatitis C drug Sovaldi that has helped many patients. And for the fact that it came with an eye-popping price tag. Perhaps in a sign of the times, Gilead this month won an open-and-shut case against a squatter ... Read More
    Source: IP WatchPublished on 2018-02-17By William New
  • Text of Goldman v Breitbart (Tom Brady Embedded Tweet Case)

    Ok. Plaintiff took a photo, on the street, of Tom Brady and Celtic GM Danny Ainge. Plaintiff uploads it to Snapchat and it goes viral. People tweet the photo and various defendant news organizations embed the tweets in an article about Brady and the Celtics. Defendants, citing the server test ... Read More
    Source: The Trademark BlogPublished on 2018-02-16By Marty Schwimmer
  • This Is An Example Of A Tweet Embedded On A Webpage

    OK, here it is. In a case that 9 news publishers and others warned would cause a tremendous chilling effect on the core functionality of the web, a judge today rules photo copyrights can be infringed by embedding tweets. THIS IS BIG: https://t.co/XgMdMFskqj — Eriq Gardner (@eriqgardner) February 15, ... Read More
    Source: The Trademark BlogPublished on 2018-02-16By Marty Schwimmer
  • TTAB Test: Which of These Three Section 2(d) Refusals Was Reversed?

    A TTAB judge once stated 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. Presented for your perusal are three recent TTAB decisions in Section 2(d) appeals. One was reversed. Which one? [Answer ... Read More
    Source: The TTABlogPublished on 2018-02-16By John L. Welch
  • Mini Dawn Donut Doctrine?

    DONUT and DOUGHNUT are not homonyms, homophones, homographs or heteronyms. They are alternate spellings. Plaintiff has been using MINI DONUT FACTORY for a chain of stores in Illinois since 2008. It now has a federal registration. Defendant opened a donut store in Tampa under the name MINI DOUGHNUT FACTORY. ... Read More
    Source: The Trademark BlogPublished on 2018-02-15By Marty Schwimmer
  • How To Obtain A Software Patent

    Up until recently, software patents accounted for about half of all patents issued by the United States Patent and Trademark Office (USPTO). The U.S. Supreme Court has since made it more difficult to receive a software patent. However, the tide is shifting back in favor of inventors and patent owners. ... Read More
    Source: LegalteamusaPublished on 2018-02-15By Stephen Bullock
  • Champion Goes After Gangstas

    Source: The Trademark BlogPublished on 2018-02-15By Marty Schwimmer
  • Indian Pharma Industry Disputes US Industry IP Index

    The United States Chamber of Commerce industry group recently issued its annual global IP index, analysing intellectual property protection in 50 countries, as a prelude to the annual US government list of countries seen as not adequately protection US companies' IP rights. Now an Indian industry group has issued a ... Read More
    Source: IP WatchPublished on 2018-02-15By William New
  • Stone Brewing Fires the Shot Heard Round the Brewing World

    The fight between craft brewers and Big Beer (i.e. MillerCoors & Budweiser) has been ongoing for years. Ever since craft beer came to prominence in the late ‘90s, it has been stealing Big Beer’s share of the marketplace. In fact, craft beer has celebrated double-digit growth each year since then. ... Read More
    Source: The IP Law BlogPublished on 2018-02-15By Josh H. Escovedo
  • Meet The New Co-Chairs: Josh Jarvis & Natasha Reed

    Congratulations to Trademark and Copyright Law Blog co-editor Natasha Reed and author Josh Jarvis on their appointment as Co-Chairs of Foley Hoag’s Trademark, Copyright & Unfair Competition practice group.  To celebrate their ascension, we asked them to interview each other about their practices, their histories, and their thoughts on trademark ... Read More
    Source: Trademark and Copyright LawPublished on 2018-02-15By Foley Hoag
  • Ban of marks vs freedom of speech

    Erica Vaccarello and Fabio AngeliniFack Ju Göhte is the title of one of the most successful German comedy films in recent times. A EUTM application by Constantin Film Produktion GmbH for the wordmark “FACK JU GÖHTE”, mostly for merchandising products, was rejected by EUIPO for being “contrary to public policy ... Read More
    Source: Kluwer Trademark BlogPublished on 2018-02-15
  • TTAB Test: Is TWEEDS Generic for Shirts and Sweaters?

    The USPTO refused registration of TWEEDS for "shirts; sweaters" on the Supplemental Register, deeming the term to be generic for the goods. Applicant argued that "[t]weed is a fabric, not a shirt or sweater," and that "tweeds" is "merely descriptive of a type of sweater or shirt." How do you ... Read More
    Source: The TTABlogPublished on 2018-02-15By John L. Welch
  • Weekly TM News: Bacardi Trade Mark Battle, Wayanad Robusta, Ayur Trade Mark Infringement and Other News

    “Indian Trade Mark Statistics for February (Second Week) 2018, Michael Buble Trade Mark, Bacardi Envious over Trade Mark, Wayanad Robusta Applied for GI and more brought to you by the Trade Mark Attorneys at BananaIP (BIP) Counsels. TRADE MARK QUOTE OF THE WEEK ‘A brand is nothing but the consumer’s ... Read More
    Source: BIP CounselsPublished on 2018-02-14By BananaIP Trademark Attorneys