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    By: Ryan Compton and Thomas Holguin After many years of litigation and lobbying expenses, the battle over pre-1972 music rights has finally been ended.  On October 11, 2018, President Trump signed the Music Modernization Act (“MMA”), legislation that purports to provide additional protection for song writers and publishers, as well ... Read More
    Source: RE:MARKSPublished on 2018-11-30By DLA Piper
  • Fight Over .Amazon: ACTO Countries Cancel Meeting With ICANN CEO
    The fight over delegating the .amazon top-level domain to Amazon LLC is not over. But the effort of the Internet Corporation for Assigned Names and Numbers (ICANN) to cut a deal between the regional Amazon Cooperation Treaty Organisation (ACTO) and online retailer Amazon has failed, according to ICANN CEO Göran ... Read More
    Source: IP WatchPublished on 2018-11-30By Monika Ermert
  • 2d Circuit: Sleepy’s v Sleep Number – Can You Be Defamed To Your Secret Agent?
    Plaintiff Sleepy’s sold a line of mattresses manufactured by a competitor, Defendant Select Comfort. Sleepy’s line performed poorly in comparison to a ‘slightly different’ line sold by Select Comfort in its own stores (which line had ‘exactly the same’ technology and basic components as Sleepy’s line).  Select Comfort thought ... Read More
    Source: The Trademark BlogPublished on 2018-11-29By Marty Schwimmer
  • TTAB Test: Do the Design Elements Make This Mark Eligible for Supplemental Registration?
    In a December 2017 decision the Board granted, in part, petitioner's motion for summary judgment [here] and ordered cancellation of a Supplemental Registration for the phrase MORE PROTEIN THAN SUGAR! in standard character form, finding that the purported mark is incapable of functioning as a trademark for "yogurt." However, as ... Read More
    Source: The TTABlogPublished on 2018-11-29By John L. Welch
  • Managing Trademark Clutter in a Busy IoT World
    The default position of brands has often been to protect as many marks as possible, driving other applicants out and helping establish a well-known and profitable identity. When names can make or break a brand, a significant number of trademarks are created purely for protection. However, these protective practices lead ... Read More
    Source: IP Watch DogPublished on 2018-11-29By Jayne Durden
  • CAFC Affirms TTAB Dismissal of Surname Oppositions to SCHLAFLY for Beer, Finding Acquired Distinctiveness
    In this rather quixotic appeal, the CAFC upheld the TTAB's decision of August 2, 2016 [TTABlogged here], dismissing two oppositions to registration of the mark SCHLAFLY for beer. The opposers, Dr. Bruce S. Schlafly and Phyllis Schlafly, claimed that SCHLAFLY is primarily merely a surname and therefore barred from registration ... Read More
    Source: The TTABlogPublished on 2018-11-28By John L. Welch
  • Weekly Trademark News: Aaj Tak Wins Trademark Battle, Trademark Infringement over a Candle, Discover Brand in India and other news
    Indian Trademark Statistics for November (Fourth Week) 2018, Discovery Brand Now in India, LG Electronics Files Trademarks for Foldable Phones, Aaj Tak Wins a Trademark Battle, Surname Trademark Infringement, and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “Every advertisement should ... Read More
    Source: BIP CounselsPublished on 2018-11-28By BananaIP Trademark Attorneys
  • German Hate Speech Legislation Receives Mixed Review At German Internet Governance Forum
    BERLIN -- Germany's controversial hate speech legislation is working well, a representative of the German Ministry of Justice said during a panel today (27 November) at the German national Internet Governance Forum in Berlin. ... Read More
    Source: IP WatchPublished on 2018-11-28By Monika Ermert
  • Panellists To CBD: Funds Needed To Save Biodiversity, Genetic Resources Not In Nagoya Protocol Should Be Included
    SHARM-EL-SHEIKH, Egypt - The access and benefit sharing protocol of the UN Convention on Biological Diversity is based on bilateral agreements between providers and users of genetic resources. There are, however, many cases where genetic resources are dispersed, and difficult to attribute to only one location. The issue is being ... Read More
    Source: IP WatchPublished on 2018-11-27By Catherine Saez
  • Precedential No. 33: TTAB Denies Reconsideration of Untimely Motion to Compel Filed on Deadline Day for Pre-Trial Disclosures
    In yet another precedential decision dealing with the January 2017 rule changes, the Board rejected Opposer Asustek's motion for reconsideration of an order denying its motion to compel discovery responses as untimely: The motion to compel was filed on the day of the deadline for Opposer’s pretrial disclosures, and not ... Read More
    Source: The TTABlogPublished on 2018-11-27By John L. Welch
  • ‘Honey Badger Don’t Care’ But the Ninth Circuit Does, Finds Triable Issue of Fact in Gordon v. Drape Creative
    Christopher Gordon, under the pseudonym “Randall,” released the Honey Badger movie in 2011 and the 3:20-long video has been viewed more than 89 million times. Gordon filed trademark applications to cover the use of the video’s well-known phrase Honey Badger Don’t Care in various classes including audio books, greeting cards, ... Read More
    Source: IP Watch DogPublished on 2018-11-27By Steve Brachmann
  • Week In Review
    By Leslie Berman Edited by Elissa D. Hecker GENERAL NEWS Despite Evidence on Khashoggi, Trump Sticks With the Crown Prince. Why? Evidence pointing to Saudi Crown Prince Mohammed bin Salman, de facto leader of the Saudi kingdom, implicates him in the brutal killing of the dissident journalist Jamal Khashoggi. However, ... Read More
    Source: NYSBAPublished on 2018-11-26
  • TTAB Test: How Did These Three Section 2(d) Oppositions Turn Out?
    Here are three recent Board decisions in Section 2(d) oppositions. I'm not giving any hints this time, so you're on your own. How do you think these cases turned out? [Answer in first comment].Constellation Brands U.S. Operations, Inc. v. LeVecke Corporation, Opposition No. 91223426 (November 15, 2018) [not precedential] (Opinion ... Read More
    Source: The TTABlogPublished on 2018-11-26By John L. Welch
  • The Rihanna-Trump Showdown and The Use of Music in Political Campaigns
    This month saw a highly publicised altercation between pop queen Rihanna and US President Trump.  She called out the President for playing her popular hit song “Don’t Stop the Music” at his rally. In her cease-and-desist letter, Rihanna’s legal team specified that the idol’s consent should have been taken before playing ... Read More
    Source: Spicy IPPublished on 2018-11-26By Prarthana Patnaik
  • Protecting Your Brand Portfolio: Four Steps for a Proper Trademark Audit
    A trademark audit is a review of a brand owner’s current trademark portfolio to ensure that the brand owner’s trademark usage and trademark holdings are sufficient, comprehensive, and accurate. Good practices requires that a trademark audit be conducted yearly, or any time an existing trademark portfolio is acquired, even if ... Read More
    Source: IP Watch DogPublished on 2018-11-25By Alice Denenberg
  • Amarillo Natives Hold San Diego Padres’ Double A Affiliate Team Name Hostage
    The San Diego Padres recently took control of the Amarillo minor league baseball organization. The organization will serve at the Padres’ Double A affiliate. In the spirit of new beginnings, the organization recently held a public naming contest to determine its new mascot. After the contest had concluded, the Sod ... Read More
    Source: The IP Law BlogPublished on 2018-11-21By Josh H. Escovedo
  • On Remand, TTAB Reverses Course and Finds EARNHARDT COLLECTION to be Primarily Merely a Surname
    On remand from the CAFC, the TTAB sustained these two (consolidated) oppositions, finding the mark EARNHARDT COLLECTION for "furniture" and "custom construction of homes" to be primarily merely a surname under Section 2(e)(4). In February 2016, the Board had dismissed the oppositions [TTABlogged here] but in July 2017, the CAFC ... Read More
    Source: The TTABlogPublished on 2018-11-21By John L. Welch
  • Weekly Trademark News: The Weeknd Being Sued Over “Starboy”, Patanjali to Launch Apparels, Sojat Mehndi Filed for GI and other news
    Indian Trademark Statistics for November (Third Week) 2018, Burberry Stops Infringement, Patanjali to Launch Apparels, Jimmi Choo Defends His Name and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “Products are made in the factory, but brands are created in the ... Read More
    Source: BIP CounselsPublished on 2018-11-21By BananaIP Trademark Attorneys
  • Brexit: Approaching escape velocity (part ii)
    Julius Stobbs and Cameron Malone-BrownThe position which the UK may face if it leaves the EU with no deal in place, is discussed in a separate post accessible here.   This post will discuss the Draft Withdrawal Agreement and its implications for brand owners, in the event that it is ... Read More
    Source: Kluwer Trademark BlogPublished on 2018-11-21
  • US Section 301 Update On China: Systematic Espionage, Plundering Of IP In US, EU, Australia, Japan
    The Office of the United States Trade Representative's (USTR) latest update of its "Section 301" investigation of China's alleged theft and manipulation of US intellectual property rights, technology transfer, and trade secrets released today contains a litany of cases of China's nefarious behaviour in the US as well as Europe, ... Read More
    Source: IP WatchPublished on 2018-11-21By William New
  • Convention On Biological Diversity Biennial Meeting Looks At How New Technologies Will Affect Its Objectives
    Member countries of the UN Convention on Biological Diversity are meeting in Egypt for its biennial conference of the parties, and the conference of the parties of its protocol on access and benefit sharing, until the end of November. New technologies are high on the agenda of the meeting, such ... Read More
    Source: IP WatchPublished on 2018-11-20By Catherine Saez
  • TTAB Test: Is RICHARD RAWLINGS’ GARAGE Confusable With RAWLINGS for Clothing?
    The USPTO refused registration of the mark RICHARD RAWLINGS' GARAGE for "Headgear, namely, hats, caps, bandanas and beanies; Hooded pullovers; Hooded sweatshirts; Jackets; Pullovers; Sweatshirts; T-shirts; Tank Tops; Socks; Underwear; all of the aforementioned goods bearing ornamental designs that associate the goods with the persona of Richard Rawlings or his ... Read More
    Source: The TTABlogPublished on 2018-11-20By John L. Welch
  • Brexit: Approaching escape velocity (part i)
    Julius Stobbs and Cameron Malone-BrownAs set out in our previous post, the UK Government recently published a series of White Papers, detailing their envisioned protocol for the treatment of IP rights, following a no deal Brexit. Shortly after this development, the United Kingdom Government published the Withdrawal Agreement, as has ... Read More
    Source: Kluwer Trademark BlogPublished on 2018-11-20
  • Counterfeiters to target Millennial shoppers on Black Friday: How can brands fight back?
    Black Friday is one of the most important retail events of the year for brands and consumers alike. This sales event is particularly tempting for price-centric Millennials whose diverse buying habits put them at increased risk of falling for fakes. Representing one of the biggest Black Friday consumer segments, they ... Read More
    Source: IP Watch DogPublished on 2018-11-20By Laura Urquizu
  • Week In Review
    By Nick Crudele Edited by Elissa D. Hecker General News Trump Hopes to Ease Sentencing Laws President Trump supported a substantial revision of the nation's prison and sentencing laws, potentially opening a path to enacting the most significant changes to the criminal justice system in a generation. The bipartisan legislative ... Read More
    Source: NYSBAPublished on 2018-11-19
  • TTAB Test: Which of These Three Section 2(d) Refusals Was Reversed?
    It has been said 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 consideration are three recent TTAB decisions in Section 2(d) appeals. One was reversed. Which one? [Answer in ... Read More
    Source: The TTABlogPublished on 2018-11-19By John L. Welch
  • Delhi High Court Examines Intermediary Liability for Trademark Infringement (Part – II)
    One of These Days These Boots Are Gonna Walk All Over You (Image From Wikimedia Commons) In my previous post, I broke down Ms. Justice Prathiba Singh’s recent judgement in Christian Louboutin v Nakul Bajaj, and noted its importance for intermediary liability and e-commerce players in India. In this post, ... Read More
    Source: Spicy IPPublished on 2018-11-19By Divij Joshi
  • IP and the draft Brexit Agreement: no surprises (except maybe in Northern Ireland?)
    Alan JohnsonWhilst it is highly debatable whether the EU Withdrawal Agreement will get through the UK Parliament, the chances are that if any revised deal is struck later, the IP provisions will remain unchanged.  (The Johnson brothers, and even Jacob Rees-Mogg are unlikely to be terribly exercised about matters such ... Read More
    Source: Kluwer Trademark BlogPublished on 2018-11-17
  • CAFC Vacates and Remands TTAB’s OMAHA STEAKS v. GREATER OMAHA Decision
    The CAFC vacated the TTAB's September 30, 2017 decision in Omaha Steaks International, Inc. v. Greater Omaha Packing Co., Inc., Consolidated Opposition No. 91213527 and Cancellations Nos. 92059629 and 92059455 [TTABlogged here] in which the Board found the mark GREATER OMAHA PROVIDING THE HIGHEST QUALITY BEEF & Design (shown below) for "meat, ... Read More
    Source: The TTABlogPublished on 2018-11-16By John L. Welch
  • Amphorae are not made of glass: really?
    Sara Parrello and Fabio AngeliniSometimes cases are not really that interesting for their outcome, but rather for how the Courts get there. In this case, Wajos GmbH filed a 3D mark consisting of a glass container, shown below, designating various goods in classes 29, 30, 32 and 33. The ... Read More
    Source: Kluwer Trademark BlogPublished on 2018-11-16