Asian-American rock band fights to trademark ‘disparaging’ name

An Asian-American rock band (The Slants) asked a federal appeals court to trademark its name even though the government says it disparages Asians.

The band sued after they tried to register the name with the patent agency and it was rejected. Federal law prohibits trademarks which may be considered disparaging.

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http://www.foxnews.com/us/2015/10/04/asian-american-rock-band-fights-to-trademark-disparaging-name/

DieselStormers forced to change name after Diesel wins trademark dispute

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Trademark battle between Diesel and Diesel Stromers : Diesel Stromers forced to change the name after Diesel wins the Trademark.

The Italian clothing manufacturer Diesel had claimed there would be a “likelihood of confusion” if Diesel Stromers received its own trademark. Because Diesel’s trademark covers things outside of clothes, such as toothpaste, walking sticks, Christmas tree decorations – and games.

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http://www.eurogamer.net/articles/2015-09-30-dieselstormers-forced-to-change-name-after-diesel-wins-trademark-dispute

 

 

 

Samsung Electronics Granted Patent for Multicolor Ink in 3D Printing

Samsung Electronics has been granted a patent for 3D printing by the United States Patent and Trademark Office (USPTO). Samsung Electronics has repeatedly said they are not entering the 3D printing market, but some might find they protest a little too much–especially in light of the recent patent by the United States Patent and Trademark Office (USPTO). Samsung has applied for 3D multicolor ink printing in September last year.

The uses for Samsung’s patent are wide ranging as 3D printing becomes more mainstream in areas like design and apparel, with better availability regarding color definitely being something that would surely be welcomed.

The company is conducting research on future technologies for 3D printing, robots, virtual reality devices, and driverless cars by creating a separate team, according to overseas media outlets like Sam Mobile. Various kinds of experts consisting of strategies, product managers, and technicians are included in the team.

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http://3dprint.com/97364/samsung-patent-multicolor-ink/

Pomegranate Juice Maker Loses Trademark Fight

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The pomegranate juice maker Pom Wonderful cannot stop a smaller rival from selling a pomegranate-flavored energy drink with a similar name, a federal court ruled on Thursday.

It was the second time Pom Wonderful had failed to obtain an injunction against the energy drink labeled “pom,” made by Pur Beverages, in a continuing trademark dispute.

The District Court in Los Angeles said that Pom did not deserve an injunction because it could not show it would be harmed without one.
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http://ipera.in/ip-era-news/ip-trademark-news/item/1087-pomegranate-juice-maker-loses-trademark-fight.html

Donald Trump unleashes trademark-fury on critic’s website

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The Donald Trump threatened legal action against a politically oriented clothing outlet for using the trademark of Donald.The website sells a variety of anti-Trump paraphernalia, including T-shirts and other doodads that have slogans like “Donald is Dumb” and “Stop Trump”.

The Donald Trump lawyer sent a desist letter ordering the website to stop selling its anti-Trump wares and handed over the domain name.

Volokh explained that under the federal law, trademark owners like Trump may assert claims against potential infringers for instances of confusion or dilution.

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http://arstechnica.com/tech-policy/2015/09/donald-trump-unleashes-trademark-fury-on-critics-website/

LINDT WINS IN TRADEMARK SPAT WITH GUMMY BEAR MAKER

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Haribo GmbH, the maker of the gummy bear, suits a case against Lindt & Spruengli AG of Switzerland for a gold-foiled wrapped chocolate teddy in a trademark lawsuit. But the Germany Federal Court of Justice dismissed a claim

Haribo argued in court that the two similar products are sold in the store and it creates confusion among the customers. The Haribo claimed that Lindt violated its trademark.

The court said that the two products are different enough that customers would not confuse the customers.

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http://www.theglobeandmail.com/report-on-business/international-business/european-business/lindt-wins-in-trademark-dispute-with-gummy-bear-maker/article26494345/

The ‘Apple Watch Sport’ Design Mark is now a Registered Trademark

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The Apple Watch was officially launched on April 24, 2015. They introduced watch OS 2 with colorful band choices. The U.S. Patent and Trademark Office published Apple’s Registered Trademark (RTM) certificate that was awarded for the stylized Apple Watch Sport.

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http://www.patentlyapple.com/patently-apple/2015/09/the-apple-watch-sport-design-mark-is-now-a-registered-trademark.html

 

Soda wars: 2 Utah businesses get down, dirty over alleged trademark infringement

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Swig opened for business in St. George in 2010, and its trademark dirty sodas quickly became a hit among patrons. Sodalicious opened its business in Provo in 2013; their menu contains boasting, among other offerings, “dirty” and “extra dirty” drinks.

Swig CEO Justen Ericksen said that Sodalicious has copied numerous things about his business, from the use of the word “dirty” to describe flavored sodas to their pricing structure and also duplicated visual elements that are Swig’s signature designs and log. Swig CEO Justen Ericksen said that they just want to stop using their trademark. Sodalicious owner Annie Auernig says they are focusing all their energy on their business.

Swig said to Sodalicious owner several times to stop using their trademark and logo “dirty”. When they refused, they said they had no choice but to file a lawsuit.

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https://www.stgeorgeutah.com/news/archive/2015/09/20/ccj-soda-wars-swig-sodalicious-lawsuit/

SWA WINS TRADEMARK CASE IN CHINESE COURT

The Scotch Whisky Association (SWA) filed a case against Anhui Guangyu Packaging Technology Company Ltd.

Anhui Guangyu Packaging Technology Company Ltd was manufacturing bottle caps imprinted with the words “Scotch Whisky”. These caps were used on bottles of fake “Scotch” appearing on sale more than 1,000 miles away in Myanmar

A Chinese court ruling in favor of Scotch whisky against a packaging firm in China is being heralded as a legal breakthrough and a warning to other potential counterfeiters.

The court ordered The Anhui Guangyu Packaging Technology Company Ltd to stop infringement of the “Scotch Whisky” trade mark and pay damages and costs

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http://www.thedrinksbusiness.com/2015/09/scotch-wins-chinese-trademark-battle/

EUROPEAN COURT DENIES NESTLÉ FOUR-FINGERED KITKAT TRADEMARK AFTER CADBURY OBJECTION

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 Nestle is attempting to turn the shape of the KitKat bar into a trademark.In 2010 Nestlé decided to apply for the four-finger shape of the KitKat bar as a trade mark. Cadbury raised an objection to the application of Nestle as Cadbury has a fear that Nestle would establish a monopoly on four-fingered chocolate shape.

The high court rejects the trademark application of Nestle after Cadbury opposed it. Nestles argues that their physical form has acquired a distinctive character associated with the company and thus they should get the trademark for four fingered. They also conducted a survey where 90% of the people recognized by its shape.

But Cadbury says the shape is merely a result of being a cheap and easy way to manufacture a chocolate wafer bar, with other products made similarly.

<<<Read more at

http://www.ipwatchdog.com/2015/09/19/european-court-denies-nestle-four-fingered-kitkat-trademark-after-cadbury-objection/id=61694/