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A croissant doughnut by any other name

The Cronut

A few days ago even the Financial Times (!) reported that - at last - the nearly mythological Cronut [what is that? Read further down] has made its way to London, with the first Cronut bakery [a Cronutery?] opening in Belgravia.

The Cronut is not only a sought-after pastry for those with a sweet tooth, but also IP aficionados.

US-based Katfriend Matthew Hintz (Lowenstein Sandler), worldwide expert in the US Cronut trade mark saga (also tweeting as @mhintzesq), explains it all.

Heres what Matthew writes:

"Baked goods do not usually merit a national conversation, but, for the past few years in the United States, a croissant-doughnut hybrid known as the Cronut has done that.  The fascination continues with this laminated dough fried, and then sugared, filled, and glazed.  Lines for the Cronut at chef Dominique Ansel’s bakery in New York City still start early, despite snow, rain, heat, or the discovery of a nearby dead body. 

Epcot at Walt Disney World took the descriptive approach with its Croissant Doughnut

In honor of the recent official debut of the Cronut at Ansel’s London bakery, we provide a summary of the trademark registration path for that certain croissant-doughnut.  You can read this while waiting in line.

USPTO registered, cancelled, and re-registered the CRONUT mark

The United States Patent and Trademark Office (USPTO) first issued a registration for the CRONUT mark in January 2014 to Ansel’s International Pastry Concepts LLC for, among other items, “Bakery goods, namely, croissant and doughnut hybrid.”  In February 2014, however, the USPTO issued a notice that the registration was “inadvertently issued” while the application was subject to an unexpired extension of time to oppose registration of the mark.  As a result, the USPTO cancelled the registration and reinstated the application to pending status and potential opposition.

That opposition was soon filed in April 2014 by Najat Kaanache, a chef, and Crystalline Management, LLC.  Notably for a baked good dispute, Kaanache’s attorneys were Baker & Hostetler LLP while Ansel’s attorneys were The Cook Law Group (emphasis added). 

Grounds in Kaanache’s opposition were (1) likelihood of confusion with Kaanache’s pending application to register the CRONUTS (plural, for “creative donuts”) mark for “Baked goods, namely, sweet donuts and savory donuts,” (2) mere descriptiveness of CRONUT, (3) lack of bona fide use in interstate commerce for all of the goods listed in the application, (4) misuse of registration symbol in enforcement efforts, and (5) fraud on the USPTO that the CRONUT mark was not in use with all the goods on the application.

Rogue “Cronut” spotted  by Matthew Hintz himself  in Chicago, Illinois

Ansel moved the USPTO’s Trademark Trial and Appeal Board (Board) to dismiss the opposition based on the opposition not stating a claim upon which relief can be granted. Kaanache’s dish, alleged in the motion to dismiss, was crawfish “mini croquetas,” attempting to free ride on the acclaim of Ansel’s bakery goods.

In its decision on the motion, the Board expressed no opinion on its preferred flavor profile; instead, the Board denied (most of) the opposition.  The opinion emphasized that a motion on this basis was a test solely of the pleading in the opposition.  In other words, Kaanache didn’t need not to she would win—instead, she only needed to plead her claims sufficiently.  According to the Board, she did plead four of the five grounds sufficiently. As for the other, in ground 2 (mere descriptiveness), the opposition only quoted a descriptiveness rejection from examination. Since this was not her own allegation, Ansel’s motion to dismiss ground 2 was granted, with leave for Kaanache to re-plead.

And she did, and after a series of extensions through the rest of 2014 and 2015, at the end of June 2015, Kaanache withdrew the opposition.  As a result, the Board dismissed the opposition with prejudice.  Subsequently, the USPTO again issued a registration for the CRONUT mark to Ansel in August 2015.  Some puff pastries are just full of hot air.

“The Closest Thing  in LA. To the Cronut!”

The one and only

    

While resolution of the opposition was pending, in 2014, Dunkin’ Donuts released its own croissant-doughnut hybrid called, in decidedly descriptive terms, the Croissant Donut.  Asked for a comment, Ansel’s legal team responded that:

From our understanding, Dunkin Donuts item is called a ‘croissant doughnut’. This is not an infringement on our trademark for Cronut™. There is a difference between any burger and the Big Mac; and any soda from Coke. And we appreciate large corporations that respect trademarks from small businesses, and distinguish their products appropriately to avoid customer confusion.

But using the term “croissant donut” did not spare Rounds Bakery in Reno, Nevada, from receiving a cease and desist letter from Ansel’s legal team.  Rounds insisted it was careful not to use Ansel’s mark in its marketing and made this clear at #NotACronut. 

Other croissant-doughnut hybrids under various names also received cease and desist letters from Ansel’s legal team:  the Croi-nut in Baltimore, Maryland; the Crauxnut in South Portland, Maine; the Creaux-nut in Shreveport, Louisiana; the Kronut in Santa Monica, California; and the Croughnut in Seattle, Washington. 

Reactions were mixed.  The Crauxnut was subsequently renamed as the CnD, for “cease and desist,” but the bakery only makes them by special order now as “[t]he ‘cronut’ fad saw it’s day, and demand waned.”   The Creaux-nut’s baker was “thrilled” to learn that Ansel knew of her creation and changed the name.  The Croughnut became Double Happiness, after the bakery ran a contest on Facebook for the renaming.  (Candidates included Fauxssant, Croughbar, Pas Nom, and Le Donut.)  Other bakeries just went with whosywhatsit or thingamajig.      

What about trademark protection in the United Kingdom?

The bake was very straightforward for registration in the United Kingdom, unlike Ansel’s nearly 1,000 attempts to adjust the recipe for London weather.  The CRONUT mark was registered as a trademark in 2014 from a designation of an International Registration claiming priority back to Ansel’s U.S. application’s filing date in 2013.

The line is very long and I am hungry

If you don’t want to wait in line or have three days to spare, Ansel published the recipe for an At-Home Cronut in his cookbook.  But be careful how you refer to the finished baked good."  

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The Rise Of A New Smartphone Giant China s Xiaomi The

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The Rise Of A New Smartphone Giant: China?s Xiaomi - The Xiaomi: China?s Threat to Apple and Samsung. Why Xiaomi should worry Apple, Samsung and others Chinese smartphone giant Xiaomi, who develops high-performance and low price handsets, is applying the same tactics to its new consumer drone, a quadcopter with ... How China Became A Smartphone Powerhouse: Huawei, Xiaomi, ZTE Set To Challenge Apple Inc., Samsung Meizu was the first Chinese phonemaker to emerge as a brand in its own right. Based in Zhuhai, a leafy coastal city near Hong Kong, Meizu is led by Jack Wong, a high ... Gear & Gadgets ? Watch out, Apple and Samsung: Xiaomi?s Mi 5 phone is coming for you Chinas favorite phone-maker pulls out all the stops for new flagship. Apple Inc. dropped to fifth place in Chinese smartphone shipments, losing ground in its biggest overseas market in a fresh blow for the technology giant. IPhones made ... Why Chinas manufacturers started building their own brands. Consumer Reports / @consumerreports: Samsung says it stopped selling the Note7, but the action was not an official recall. Some were still for sale Fri http://r ... World number one smartphone maker Samsung also saw its device sales drop, year over year, but by a lesser amount. Strategy Analytics pegs its drop at 4 per ... Vivo has confirmed via a teaser that the upcoming XPlay 5 smartphone will have 6GB of RAM and Snapdragon 820 processor. The smartphone will be launched on ...

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Get Real A Philosophical Adventure In Virtual Reality

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Get Real: A Philosophical Adventure In Virtual Reality Virtual reality (or VR) is a computer technology that uses software-generated realistic images, sounds and other sensations to replicate an a real environment or an ... Y oull probably never go to Mars, swim with dolphins, run an Olympic 100 meters, or sing onstage with the Rolling Stones. But if virtual reality ever lives up to its ... Virtual Reality Studio Session. Event does not have any performances listed Make new friends & chat in 3D. IMVU is the #1 avatar social community with the largest 3D catalog to dress up your look. Join millions of others free. Simulated reality is a common theme in science fiction. It is predated by the concept "life is a dream". It should not be confused with the theme of virtual reality. Extracts from this document... Introduction. Ricardo Pacheco IBS ITGS Portfolio 1 26/12/01 St. Julians School What are the advantages and disadvantages of Virtual ... Magic Fabric features virtual clothing - work at the interface between fashion, games and interactive technology. It showcases global talent aswell as highlights ... A game designer on the run from assassins must play her latest virtual reality creation with a marketing trainee to determine if the game has been damaged. Richard A. Bartle addresses the definition of virtual worlds and the sometimes confusing terminology and acronyms surrounding them. This article is excerpted from ...

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General Court confirms that body builder silhouette cannot be registered as a trade mark for nutritional supplements

The body-builder silhouette

Can “a silhouette, represented in black, of a person adopting a typical body-building pose displaying the muscles of his body” be registered as a trade mark for – among other things – nutritional supplements, clothing, and footwear?

As Katfriend Nedim Malovic (@malovicSE) explains, this very question has been recently addressed by the General Court.

Here’s what Nedim writes:

“In its judgmenton 29 September 2016 (Universal Protein Supplements Corp v European Union Intellectual Property Office Case, T-335/15, EU:T:2016:579) the General Court upheld the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) concerning an application to register a figurative sign representing a body-builder as a EU trade mark for the following classes of goods and services, and descriptions:

      Class 5: ‘Nutritional supplements’;
Class 25: ‘Clothing; footwear’;
Class 35: ‘On-line retail store services featuring nutritional supplements; health and diet-related products; clothing and footwear’.

Background

In 2014 the applicant, Universal Protein Supplements Corp, filed an application with the EUIPO to have the EU territory designed in respect of the international registration of a figurative sign representing a body-builder. The application was for goods and services in the classes indicated above.

The EUIPO examiner rejected the application, on grounds that the mark lacked any distinctive character and was descriptive for the purpose of Article 7(1)(c) of Regulation No 207/2009 on the (now) European Union Trade Mark (EUTMR).

In late 2014 Universal Protein appealed the examiner’s decision.

The EUIPO Fifth Board of Appeal dismissed the appeal in March 2015. It held that the message conveyed by the sign related to ‘body-building’ or a ‘body-builder’ and that the relevant public would perceive a direct and specific link between the sign and the goods and services designated by the mark applied for.

The Board of Appeal concluded that such mark fell within the prohibition laid down in Article 7(1)(c) EUTMR. Furthermore, the mark was devoid of any distinctive character within the meaning of Article 7(1) (b) EUTMR, on the ground that it merely consisted of a representation of a body-builder, which would not enable the relevant public to perceive it as an indication of the commercial origin of the goods and services in question. 

Universal Protein did not however lose hope, and decided to appeal the decision before the General Court.  It claimed that: (i) the Fifth Board of Appeal had failed to consider the mark as a whole; (ii) that its own image of the body-builder has several meanings and conveys a message that goes beyond that of a ‘body-builder’ or ‘body-building’, and (iii) that securing registration would not impair the public interest aim that descriptive signs are not monopolised by economic operators.  

The National Lottery silhouette

Analysis

The General court began by examining whether Universal Protein’s mark should be considered descriptive.  

Article 7(1)(c) EUTMR pursues a public interest aim. Referring to Agencja Wydawnicza Technopol, the court recalled that a sign that is descriptive of the characteristics of the relevant goods or services ought to be freely available for use. In addition, a sign of this kind fails to fulfil the essential function of a trade mark, ie to identify the commercial origin of one’s own goods or services.

The General Court then stated that the descriptive nature of a sign is only to be assessed, (1) by reference to the way in which it is perceived by the relevant public, and (2) by reference to the goods or services concerned:

(1) Having regard to the relevant goods and services (nutritional supplements, clothing, footwear and online retail services relating to those goods) and considering that the mark is strictly figurative and lacks any verbal element, the average consumer – obviously reasonably well informed and reasonably observant and circumspect – is the public of the entire European Union. This said, because the sign consists of a typical body-builder, displaying the muscles of his body, represented in black silhouette, the message conveyed by that sign would relate to body-building.

(2) The chosen goods and services in Classes 5 (nutritional supplements), 25 (clothing; footwear), and 35 (online retail store services featuring nutritional supplements; health and diet-related products; clothing and shoes), are all indicative that the mark applied for has a sufficiently direct and specific link with nutritional supplements, clothing, footwear, and online retail store services of those goods and goods related to health and diet. According to the court, even if the categories of goods and services at issue were to also include services with no link to body-building and that, accordingly, the sign at issue were not descriptive of all the goods and services in those categories, the applicant had applied for the registration of the sign at issue for each of these as a whole without making any distinction. Accordingly, the body-builder sign would fall within the prohibition set by Article 7(1)(c) EUTMR.

Contrary to the applicant’s claims, the court found that the alleged aesthetic character of the stylised image does not require any mental effort on behalf of the relevant public. The meaning of the sign at issue (which refers to the concept of ‘body-builder’ or ‘body-building’) is immediately clear.  By referring to earlier case law, the court added that, even assuming that a sign has several meanings, if at least one of the meanings designates a characteristic of the goods concerned, then that sign must be equally refused.

Merpels silhouette

The applicant’s further claim that there would be no general interest in requiring that a representation such as that in the present case be available because there are practically unlimited ways of depicting body-builders was regarded as irrelevant. In that respect, the court noted (as also previously stated by the EUIPO) that, according to settled case-law, the application of Article 7(1)(c) of the EUTMR does not depend on the existence of a real, current or serious need to leave a sign free. 

The Board of Appeal was therefore correct in concluding that the sign in question is descriptive for the purpose of Article 7(1)(c) EUTMR.

All this said, the court considered unnecessary to review whether the sign at issue would be distinctive, and concluded that the body-builder silhouette could not be registered as a trade mark because of the prohibition in Article 7(1)(c) EUTMR.

Conclusion

This decision appears correct from a formal standpoint, and probably the General Court was concerned with the implications of creating a monopoly over the use of a silhouette of this kind for such types of goods and services. However, in the past there have been decisions that could have supported a different outcome. For instance, it is unclear why the silhouette of a body-builder should be descriptive of nutritional supplements, while a hand with a smile and crossed fingers should not suggest “best of luck” and describe what the concept of lottery is all about. Yet, the National Lottery ‘hand’ was successfully registered as a EU trade mark.”

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Test On A Device Android Developers

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Test On A Device | Android Developers By Karolis Balciunas, VC & Startups Business Development Manager, Google Play. If you have ever launched a mobile app, you know full well that launching your app into ... This page provides information about the relative number of devices that share a certain characteristic, such as Android version or screen size. Android 7.0 Nougat! Android 7.0 Nougat is here! Get your apps ready for the latest version of Android, with new system behaviors to save battery and memory. Android N highlights. In Android Nougat (Android N), notifications have been designed to make it easier for users to scan and use a notification?s most important ... Welcome to the Android Open Source Project! Android is an open source software stack for a wide range of mobile devices and a corresponding open source ...

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Is there a competition law issue lurking on the horizon of cloud computing

“AWS could end up dominating the IT industry just as IBM’s System/360, a family of mainframe computers, did until the 1980s. If that happens, the antitrust authorities may eventually have to step in, as they did with IBM.”

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Things To Consider When Buying A Phone

Buying a new phone? If so, you have hundreds of options to choose from. Apple, Samsung, Sony, HTC, and the models are endless. 

So, which is right for you? What does each offer over competitors? When you are looking for a new mobile phone, consider these factors, so you find the best fit, and find what is right for you as the end user.

What will you use it for? Do you need a phone for work, for play, or mixed use? Many phones and brands cater to certain users, so know what they are for, who they are for, and make the purchase around that. 

Consider the brands. Some are Apple iPhone enthusiasts, others Samsung users. No matter if you are an android or iPhone user, there are different models out there. So, know the OS, how it works, and what it offers, so you make the right choice.

Consider the model. Did the latest iPhone just come out, or has it been a few months? Depending on the timing, a new model might be around the corner. Do your research to know when the latest models are coming out, so you can time the purchase around those dates. 

Is it for gaming, do you need great graphics, is it for wireless use, internet use, work or play? Do you need a great camera or speaker set? Make sure the features meet your needs and that there is a data plan which is going to work for you as well when you are buying a new phone.

With so many options out there it can be a bit overwhelming when you are looking for a new mobile phone. When the time comes to make the choice, or you are shopping for a new phone, consider some of these things, so you do make the right decision when you finally settle on a brand and model.

If you would like some information on some of the best places to purchase a new phone then have a look at wantgadgets.co.uk

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Request a FREE Oreo Cookies Product Coupon Mailed to You

Request a FREE Oreo Cookies Product Coupon Mailed to You

To get your free sample:

1. Click below for the sample request form
2. Enter your email address
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4. Wait for your sample to arrive!

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How to generate a kernel log after random reboot

This isnt really so much a complaint about Windows Mobile development, but more so about hole in the platforms user experience.

If youre an avid Windows Mobile user, you are familiar with the Notes application: you can create a short text or image note and have it sync to your desktop. Then the desktop will sync it to Exchange. However, theres a couple problems:

1. Only Pocket PCs come with the notes applications: Smartphones do not.
2. You must use your desktop ActiveSync connection to sync with Exchange; it does not sync directly.

To resolve this, a few months ago I wrote an application that allows you to view, edit, and create notes on your Windows Mobile device, and sync directly with Exchange.

Download Outlook Notes Mobile.

Usage:

1. Start Outlook Notes Mobile.
2. Go to settings.
3. Enter the same login information you provided ActiveSync. (The server will be in the format of "mydomain.com" or "mail.mydomain.com", ask your SysAdmin).
4. Synchronize. (There is no automatic synchronization).

Note:

If you have problems getting this application to work, it may be due to your Exchange server setup. The Microsoft "recommended" Exchange deployment does not expose the Exchange Web Service (it redirects all requests to the OWA client).

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It Has Taken a Couple of Decades but Fixed Wireless is Coming Back in a Big Way

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Fai Da Te Prodotti Nuovi A

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Fai Da Te: Prodotti Nuovi A Milioni di prodotti nuovi da venditori professionali per il tuo shopping online. Compra e vendi elettronica, scarpe, borse, abbigliamento, arredamento, ricambi per auto Fai da te 360. Fai da te 360 è il portale dedicato ai lavori manuali. Il portale fornisce strumenti di vario genere agli appassionati di Fai da te. Ciao ragazze in questo video faccio una maschera FAI DA TE per capelli secchi, capelli sfibrati, capelli tinti o decolorati (io la faccio perché ho lo ... Fai da te Consigli e trucchi per realizzare da se i lavori in casa. Tanti spunti per mettersi alla prova con lhandmade. Il canale fai da te è stato appositamente ... Vediamo come realizzare una pulizia del viso casalinga :) CONDIVIDI E ISCRIVITI AL CANALE SE IL VIDEO TI è PIACIUTO :) GRAZIE NUOVI VIDEO OGNI SETTIMANA ... Cosmetici Naturali e Bellezza Fai da Te ... Ciao Ragazze e Ciao ragazzi! Oggi finalmente SIERO MAGICO VISO e CONTORNO OCCHI per UNA PELLE PERFETTA!!! ? Più che un fai da te, questo che vi presentiamo, è unidea creativa: trasformare un oggetto, che magari non usiamo più per varie ragioni, in qualcosaltro. Blog sui prodotti fatti a mano, sullartigianato e sul fai da te, o do it yourself (DIY) che dir si voglia: articoli, consigli, recensioni, link a risorse. Brico Shop Fai da te distribuisce utensili elettrici di molte case importanti. Ecco il dettaglio di alcuni utensili come Bosch, trapano Bosch, tassellatore, martello ... Fai da te:In questa categoria trovate una vasta selezione di libri sul fai da te in tutti campi.

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How to Fix a MTP USB Device Driver Problem SURE WAY

 I connected my Android phone to my PC and I heard the USB connection sound but my phone’s storages weren’t detected (both Internal and SD card). I checked under Device Manager and noticed that MTP had a warning icon (yellow triangle) on it meaning it had somehow malfunctioned.

The i try solving the problem by Downloading MPT (Media Transfer Protocol) Porting Kit from Microsofts official website yet it didnt solve the issue!


>>To Fix MTP USB Device Driver Problem

Go to Device Manager, under Portable Devices, right-click on MTP USB Device, and then click on Update Driver Software to update the MTP USB device driver.

>>Select “Let me pick from a List of device drivers on your computer”. The list will show installed driver software compatible with the device. 

>>Select the driver you want to install and then click “Next”. Reconnect your mobile phone to your computer.
You will found out that is now working!!! :) dont forget to drop your experience in the comment box....

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Galaxy S8 will be a major change without the Home key in front of all the screen

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How To Buy The Best Laptop For A Student

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How To Buy The Best Laptop For A Student Prices and offers are subject to change. © 2016 Best Buy. All rights reserved. BEST BUY, the BEST BUY logo, the tag design, MY BEST BUY, and BESTBUY.COM are ... Going off to high school or college without a decent laptop is like refusing to use pencil and paper. It instantly puts a ceiling on how much students can learn, how ... Best Buy is dedicated to always offering the best value to our customers. We will match the price, at the time of purchase, on a Price Match Guarantee product if you ... Save $$$ at Best Buy with coupons and deals like: 20% Off 1 Regular-Priced Small Appliance ~ and more! More Tips. Laptop Buying Guide: 8 Essential Tips; The Best & Worst Laptop Brands; Laptop Tech Support Showdown: Undercover Report; Should I Buy a Chromebook? Best Buy is kind of a big deal. It?s the world?s largest consumer electronics retailer that offers advice, service and competitive prices with its low price ... With cutting-edge electronics, HDTVs, and appliances, Best Buy is widely recognized as a leading tech retailer. Best Buy stores abound with hot products from a huge ... The Best Student Laptop: The Lenovo ThinkPad T450s. The Lenovo ThinkPad T450s is the best student laptop thanks to its excellent keyboard, slim yet durable design ... Best phones. Best plans. Best prices*. Visit us. In a Best Buy or Best Buy Mobile Mall *Excludes business, corporate, and government plans. Some conditions and ... Choosing the best laptop depends on how you plan to use it. Get FREE shipping* on all laptops from Macbook to Ultrabooks to Chromebooks & more.

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What’s new in 2014 a year of technology

• Download the file given above
• Extract it
• You will be find SystemUI.apk just replace it with your already SystemUI.apk
• set the permission rwrr
• reboot
• done

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Its a gas! The Nobel Memorial Prize in Economics

Scientific Cat-nundrums

Trophies, by R. Oxley, CC

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