The recent announcement that the self-regulated Australian Association of National Advertisers’ (AANA) will be undertaking a review of the AANA Environmental Claims Code (Environmental Code) follows the growing community concern about the environment, increased sustainability claims
Intellectual Property
Three Year Battle Ends with Lizzo Securing Registration for 100% THAT BITCH Mark
In a precedential decision, the Trademark Trial and Appeal Board (the “Board”) reversed two refusals to register Grammy-winning singer Lizzo’s 100% THAT BITCH trademarks.
Lizzo’s company, Lizzo LLC, applied for two word trademarks in June 2019 for 100% THAT BITCH…
Transliterations of Chinese Characters Require a Translation Statement
The Trademark Trial and Appeal Board (“TTAB”) refused registration of the mark “ZHIMA” because the applicant, Advanced New Technologies Co., Ltd., did not submit a translation of ZHIMA into English. In re Advanced New Techs. Co., 2023 TTAB LEXIS…
USPTO Adds 75 Climate and Green-Tech Terms to Trademark ID Manual
Earlier this month, the United States Patent and Trademark Office (USPTO) announced that it is adding new climate and green tech-related terms to the Trademark ID Manual.
The USPTO has already added 75 terms that include biomethane, research and development…
The Battle Continues After TTAB Refuses Registration for #LAW for Failure to Function as a Trademark
The Trademark Trial and Appeal Board (“TTAB”) refused registration of #LAW on the Principal Register finding that #LAW failed to function as a trademark. Pound Law, LLC (“Pound Law” or “Applicant”) was unable to convince the Board that its vanity…
TTAB Sustains Opposition Based on Applicant’s Failure to Secure the Consent of a Living Individual
Terminal Moraine Inc. (“Applicant” or “Terminal Moraine”) sought registration on the Principal Register of the mark:
for the following goods and services:
- Backpacks and shoulder bags for use in camping, and hiking, sold exclusively at sporting goods, outdoor, and mountaineering
Supreme Court to Examine the Reach of the Lanham Act to Impose Liability on Conduct Outside of the United States
Sections 32(1)(a) and 43(a)(1)(A) of the Lanham Act impose civil liability on any person who “use[s] in commerce” a trademark in a manner that “is likely to cause confusion, or to cause mistake, or to deceive.” 15 U.S.C. 1114(1)(a); 15…
NFTs and IP – Your opportunity to comment
On November 23, 2022, the US Patent and Trademark Office and the US Copyright Office issued a request for public comment on the subject of Non-Fungible Tokens (NFTs) and intellectual property rights. Comments are due by Monday, January 9, 2023.
Are we (virtually) there yet? Waiting for the rise of the metaverse from a brand owner’s perspective
We are now almost one year on from Mark Zuckerberg’s much talked-about October 2021 letter announcing, among other things, the change of the name of his company from Facebook to Meta, reflecting the company’s commitment to revolutionising social connection through…
Aristocrat Technologies: The Future Patentability of Gaming Technology and Computer-Implemented Inventions
Last month, the High Court dismissed an appeal by gaming technology provider Aristocrat Technologies over whether computerised components in their electronic gaming machines (EGMs) which triggered a “feature game” constituted patentable subject matter.
The judgment was split evenly…