Washington Journal of Law, Technology & Arts’ Post

Right on the heels of Aparajita's recent post on the "Butter Chicken" controversy, Lokesh shares his thoughts on the potential IP issues involved here, based on information from the Trademark Registry, the order, and some more news reporting. These posts surely make you wonder if there is a legitimate IP dispute or if is it just a case of overhyped (and perhaps incorrect?) media coverage! https://lnkd.in/gra6CjD8

PITZA – Protection as trademark? The Swiss Federal Institute of Intellectual Property (IPI) has registered the word PITZA as a trademark for "pizzas" in class 30, "pizza delivery" in class 39 and "serving of food and drink in restaurants and bars; take-away restaurant services" in class 43, among others. We can only speculate about the reasons for this decision, as registrations are not substantiated. Is this a case of mutilation? The condition for this would be that it is recognized by the relevant public and that it significantly influences the overall impression. Is it sufficient for a Z to be replaced by a T? However, if the decisions of the Federal Administrative Court B-6748/2008 XPERTSELECT and the Federal Administrative Court B-1015/2021 SHAVETTE are considered, this can hardly be the justification, as mutilation was only affirmed in the first case. Is it because there is no connection between the trademark on the one hand and the goods or services on the other? This could perhaps be the case with PIAZZA, but hardly with PITZA. It seems that the mystery will remain unsolved for the time being. © Pixabay

The TTABlog®: J. Michael Keyes: "TTAB Goes "Bamm-Bamm" To Fruity Pebbles' Consumer Surveys": Consumer survey expert and IP litigator Mike Keyes allowed the posting of his recent article from "Lanham Act Surveys for Lawyers." It discusses the rejection of Post Foods' "Fruity Pebbles" color trademark application by TTAB due to failed evidence of distinctiveness. Two consumer surveys attempting to establish secondary meaning were rejected. Keyes reminds of the need for surveys to align with legal issues. https://lnkd.in/dDqSe2JM - IP topics: Intellectual Property topics! #ip #intellectualproperty #copyright

Excuse the pun in our headline, but as you will see from this article from the excellent Brews News service, Jump Ship Brewing's failure to protect either its main name, or the name of its Shore Leave range of beer, left it open to a competitor (in this case BrewDog) to just start using the same names. Yet another example of how the simple act of registering both your business name and key product names on the Trade Marks Register can prevent significant business interruption down the track.

🌶 Chili Crunch Jelly Rolls represent a delectable combination. With apologies to lovers of treats like the 🌮Taco Bell Doritos Locos Tacos and the Dairy Queen 🍨Oreo Blizzard, this combination is not the next addictive cross-branded gastrological masterpiece (yet). Rather, Chili Crunch Jelly Rolls, digested properly, combine to be a tasty recipe for brand strategy lessons. While I must admit as I write this, I have become inspired to tinker in my kitchen to develop a Chili Crunch Jelly Roll at home (I’ll report the results!), for now, I’ll settle for examining these two recent pop-culture trademark stories for their munchable trademark tip takeaways. The two matters serve as a reminder to both carefully search for similar trademarks by others and to consider the range of possible meanings a term might have before widespread use and starting enforcement actions around the chosen names. By Alexander JSW Johnson ...READ Newsletter🐠🎣 #trademarks #iplawyers #food #trademarklaw #patents #WorldIPDay

I love it when trademark law pops up in shows I’m watching. I finally caved to Netflix’s nudging and the insistence of family and friends and started watching Suits. Granted, it’s less of a surprise to hear a reference to trademark law in a show about attorneys than it is in some other non-law programs (like Schitt’s Creek). But still fun to see what they got right and wrong. In this clip, a waiter offers Louis Litt “champagne,” and Louis insists that if the drink didn’t come from the Champagne region in France, it’s not really champagne. It’s sparkling wine. (This kind of attorney behavior makes me cringe.) As far as U.S. law goes, though, Louis isn’t 100% right. The term “Champagne” is a geographical indication: protected wording that can only be used with products that originate in a specified place. However, geographical indications are treated very differently under U.S. law than under European law. In the U.S., we may try to register the wording as a certification mark or a collective mark. PARMIGIANO REGGIANO is a great example. In the U.S., this wording is registered as a certification mark indicating that cheese sold under it originates “in the Parma-Reggio region of Italy, specifically the zone comprising the territory of the provinces of Parma, Reggio Emilia, Modena and Mantua on the right bank of the river Po and Bologna on the left bank of the river Reno.” There is no similar registration for the sole term CHAMPAGNE used with alcoholic beverages on the U.S. federal register. Part of the issue is that the USPTO will not register generic terms (APPLE as a mark for apples, CUPCAKE as a mark for cupcakes, etc.). For some time, the term CHAMPAGNE was considered “semi-generic” in the U.S. for sparkling wine made by a process similar to that used in the Champagne region. That’s how we end up with a mark like KORBEL CALIFORNIA CHAMPAGNE (obviously not originating in the Champagne region of France) on the U.S. federal register. But Louis is not 100% wrong, either. In 2006, the U.S. entered into the “Agreement between the United States of America and the European Community on Trade in Wine” providing that certain semi-generic terms (like CHAMPAGNE) could only be used on wine labels if the wine originated “in the Community.” So, how is the KORBEL CALIFORNIA CHAMPAGNE mark still an active U.S. registration? The agreement grandfathered in U.S. usage prior to signature of the agreement. Meaning F. Korbel & Bros. gets to keep their registration, but if I bought a winery north of Atlanta and filed an application for DANA’S GEORGIA CHAMPAGNE today, I’d be out of luck. #suits #branding #law #champagne

Happy Dark Chocolate Day! 🍫 Let’s savor not just the richness of cocoa but also the intellectual property journey behind our favorite indulgence! Did you know that the world of dark chocolate is a melting pot of innovation, creativity, and protection? From unique recipes to distinctive packaging, every aspect involves intellectual property considerations. Think of those iconic logos on your favorite dark chocolate bars. Brands invest time and resources to create recognizable trademarks, ensuring their sweet creations stand out in a crowded market. Ever wondered how a chocolate bar achieves that perfect snap or a creamy texture? Chocolatiers often secure patents for innovative processes, keeping their delectable secrets safe. The elegant packaging that catches your eye? It's not just about aesthetics; it's a result of careful design. Design rights protect the visual appeal of chocolate wrappers and boxes. Behind every mouthwatering recipe is the creativity of chocolatiers. Copyright laws ensure that their original blends remain exclusive, encouraging a culture of continuous innovation. Let's take a moment to appreciate the sweet symphony of legal protection that goes into making our Dark Chocolate Day celebrations truly delightful! #DarkChocolateDay #IntellectualPropertyIndulgence #SweetInnovation

Recently, Jack Daniel Distillery filed an TTAB opposition against Watasha Sauce Company & their application for OLD NO. 1 BBQ SAUCE. Would the moniker OLD NO. 1 cause confusion with the Jack Daniel Distillery brand? Find out on our blog: https://lnkd.in/gVwmpTGW #trademark #trademarks #trademarklaw #ipnews #intellectualproperty