Selvam & Selvam Blog

FEBRUARY 28, 2025

This case highlights the intersection of trademark law and e-commerce regulation, raising questions about the accountability of online marketplaces in protecting brand integrity. of facilitating the sale of counterfeit BHPC products, tarnishing the brands image and causing substantial financial loss. and Amazon Seller Services Pvt.

Due Diligence 52

Due Diligence Intellectual Property Branding Brands 52

IP and Legal Filings

SEPTEMBER 20, 2023

The Design Act 2000 -The Designs Act of 2000 was enacted with the intention of safeguarding non-functional parts of a product that have aesthetic appeal, such as the arrangement of shapes, patterns, decorations, or lines or colours applied to any two-, three-, or both-dimensional form. Case Studies Rajesh Masrani v.

Designs 105

Designs Design Copyright Copyright Infringement 105

Traverse Legal Blog

APRIL 19, 2022

I am doing this series because I have been unable to find any other comprehensive content on the web or youtube that lays out a detailed and viable playbook for brands and celebrities to protect their names, slogans, and marks against Web3 cybersquatting. If you are a brand or trademark attorney, you may already know about cybersquatting.

Branding 140

Branding Brands Branding Trademark 140

IP and Legal Filings

JULY 25, 2023

The industry has had phenomenal growth in recent years, with the manufacturing of apparel doubling between 2000 and 2014 [2]. Despite purchasing 60% more clothing in 2014 than in 2000, people only wore the clothes for half as long. In 2017, luxury brand Burberry even burned $37 million worth of unsold items [6].

Branding 95

Branding Brands Branding Trademark 95

IP and Legal Filings

JULY 13, 2022

The Design Act, 2000 [“ the 2000 Act ”] provides protection to various aspects of the design in question, like the pattern, colours or even lines on the design. It would be remiss to fail to briefly discuss Section 2(c) of the 1957 Act which defines an “original artistic work” and how it is different from a “design” under the 2000 Act.

Copyright 95

Copyright Artistic Work Designs Design 95

IP and Legal Filings

OCTOBER 23, 2023

The issue of counterfeiting not only compromises a brand’s reputation or brand value, but also puts consumer safety at risk by allowing the sale and uninformed purchase of sub-standard goods. The defendant was “Darveys.com”, it was a “luxury brand marketplace” [6]. Nakul Bajaj & Ors. [4]

Marketing 98

Marketing Marketing Trademark Registration 98

Intepat

MARCH 13, 2025

DESIGN LAW AND ITS APPLICATION TO ARCHITECTURAL DESIGNS The Designs Act, 2000 is another important legislation in the Indian IP regime which affords an additional layer of protection to architectural designs. Trademarking of a building s design is a significant step in branding and marketing.

IP 52

IP Designs Design Artistic Work 52

IP and Legal Filings

SEPTEMBER 17, 2021

More specifically, in India, the design act, 2000 protects designs that feature shapes, patterns, ornaments, or compositions of lines or colors applied to any article in two or three-dimensional forms. Protection of such trademarks is imperative since apparel brands greatly value their brand equity.

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Designs Design Artistic Work Technology 97

SpicyIP

MARCH 14, 2025

While its first registration for the brand name in India (1979) was under Class 16 [Paper & Paper Products] , the trademark was registered w.r.t. On the other hand, Hyderabad-based Magfast Beverages started manufacturing their drink under the name Mountain Dew in 2000. Does the Pune eatery enjoy Prior Use of Burger King?

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Trademark Registering Trademarks Registration Branding 64

Biswajit Sarkar Copyright Blog

JULY 21, 2022

To protect designs , it has to be registered under the Designs Act, 2000. The main aim of product designers is to match the needs of clients with that of the business or the brand, helping make successful products on a regular basis. It is to be kept in mind that designs are primarily aesthetic in nature. What is Product Design?

Designs 98

Designs Design Branding Brands 98

IPilogue

SEPTEMBER 16, 2022

However, these appeals were dismissed as the courts ruled that Manolo did not present sufficient evidence of adequate sales in mainland China prior to 2000. In the subsequent two decades, Manolo Blahnik repeatedly appealed the decision. Resultantly, Manolo Blahnik has lost significant sales, as China is the fastest growing luxury market.

Registering Trademarks 103

Registering Trademarks Trademark Registration Branding 103

The TTABlog

DECEMBER 27, 2021

In an otherwise straightforward Section 2(d) analysis, the Board ruled that confusion is likely between Respondent's registered marks MIRAGE BRANDS (standard form) and MIRAGE BRANDS & Design [BRANDS disclaimed], and Petitioner Mahender Sabhnani's previously used and registered mark ROYAL MIRAGE & Design , all for perfume.

Branding 52

Branding Brands Branding Registration 52

IP and Legal Filings

OCTOBER 18, 2024

The plaintiff argued that Infosy’s brand value in this trademark could mislead consumers into presuming a connection between the two companies. This is the main problem with Infosys Limited’s reputation and brand value. Increase the mark link with Infosys.

Trademark 104

Trademark Cease and Desist Branding Brands 104

IP and Legal Filings

JANUARY 30, 2023

It will enable the metaverse to run smoothly without any brand abusing and illegal copying of the existing IP owners. Entertainment 2000, Inc. 2000 along with Design Rules 2001. Allegations of trademark infringement have already been made in several instances in Metaverse. In the well-known 2008 case of E.S.S The Design Act.

Intellectual Property 98

Intellectual Property Non-Fungible Tokens Trademark Copyright 98

The IPKat

MAY 24, 2024

It is the first instrument to emerge from the 25 years of work of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore ( IGC ), initiated in 1999 with a proposal by Colombia and then established in 2000. R.I.P. the Patent Bargain?

Reporting 134

Reporting Intellectual Property Patent Application Invention 134

Biswajit Sarkar Copyright Blog

OCTOBER 16, 2023

Additionally, the jewellery’s brand name and logo may be protected under the purview of the Trade Marks Act. The safest course of action would be to register jewellery designs under the Designs Act, 2000 if a jeweller intends to make more than fifty applications of a particular jewellery design.

Intellectual Property 98

Intellectual Property Artistic Work Designs Design 98

IP and Legal Filings

FEBRUARY 7, 2023

Their rights will be protected thanks to the metaverse brands’ trademarks. By deterring rip offs, trademarks safeguard a company’s identity and the repute of its brand(s), especially in the Metaverse. It might be more difficult than ever in the metaverse to police brands. What is the Metaverse?

Trademark 98

Trademark Non-Fungible Tokens Branding Brands 98

SpicyIP

OCTOBER 16, 2024

Template from here In the foreground of today’s fiercely competitive offline and digital marketplaces, where brands engage in neck-to-neck battles for visibility, the role of colours in trademarks has become a focal point of legal discourse.

Trademark 105

Trademark Registration Branding Brands 105

Corsearch

NOVEMBER 20, 2023

Name saturation is an existential challenge for every industry that harnesses trademark law to protect its brand. You can explore what are known as non-conventional trademarks — sounds, colors, smells — to convey your brand messaging. A key difference arises, however, when comparing brand name and generic name confusion.

Trademark 59

Trademark Brands Branding Branding 59

IP and Legal Filings

MAY 17, 2024

Remedies Available under Existing Laws There are no specific laws that deal with the infringement of IP Rights of individuals whose identity has been impersonated through the use of Artificial Intelligence, but provisions of the IT Act 2000 and existing laws under the Trademarks Act, 1999 and the Copyright Act, 1957 come to the aid of the plaintiff.

Personality Rights 97

Personality Rights Intellectual Property Social Media Intellectual Property Law 97

IIPRD

NOVEMBER 14, 2023

There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. The scam can be at various levels and multi-facet forms including mimicking websites, selling cheaper copies of brands or even stealing ideas of originators [4]. 21, Acts of Parliament, 2000 (India).

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

Patently-O

APRIL 1, 2022

Still, when I saw the brand name CLEAR as applied to footwear, I did not expect for the shoes to be transparent. . 2001) (focus on whether misdescription “materially induce[s] a purchaser’s decision to buy”), quoting 2 McCarthy on Trademarks § 11:56 (2000). 3d 1357, 1361 (Fed. DolceVitaBrief. TTAB Decision.

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Registration Trademark Trademark Law Branding 78

The IPKat

JANUARY 22, 2023

Calls and opportunities Marketing, Website and Social Media Officer: part-time development opportunity The Intellectual Property Awareness Network (IPAN) is looking to recruit a UK-based Marketing, Website and Social Media Officer, responsible for developing the IPAN brand and reputational capital in line with its corporate objectives (see [link] ).

Social Media 69

Social Media Intellectual Property Marketing Marketing 69

Intepat

JUNE 13, 2024

According to the Indian Design Act of 2000, only those designs that are functional or used as artistic or property marks are not eligible for protection. Section 22(1) of the Design Act of 2000 addresses the issue of pirated designs and specifies the circumstances that would constitute such piracy.

Designs 52

Designs Design Branding Brands 52

The IPKat

SEPTEMBER 4, 2023

Case Background: XADAGO Newron v Comptroller related to Newron pharmaceutical UK SPC application for its branded Parkinson's disease drug XADAGO ( SPC/GB15/046 ). The hypothetical question remains of how an SPC application based on an EPC 2000 second medical use claim would have fared. safinamide [.] in combination with levodopa [.],

Art 119

Art Marketing Marketing Patent 119

LexBlog IP

AUGUST 31, 2021

– a leading furniture brand and purveyor of the iconic Eames Chair Design – suffered a loss at US Trademark Trial and Appeal Board (TTAB) in its bid to protect as “trade dress” the design of the chair. 56 USPQ2d 1279, 1282 (TTAB 2000); In re Parkway Mach. Herman Miller, Inc. In re Ennco Display Sys.

Advertising 52

Advertising Advertising Designs Design 52

IP and Legal Filings

JUNE 9, 2022

There exist several IPRs and it is important to be aware of which one is suitable for your brand/ business. The Designs Act established in 2000, is the act that governs the rights of a registered design proprietor and remedies available in case of infringement of such violation.

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Registration Designs Design Trademark 93

Patently-O

OCTOBER 4, 2021

We thank LaTia Brand of Harrity Analytics and the Stanford NPE Database, described in Shawn Miller et al., Decoding Patent Plaintiffs since 2000 with the Stanford NPE Litigation Dataset , 21 Stan. Figure 1: Percentage of Patent Litigations Including a Pre-AIA Patent, by Year Litigation Initiated. Who’s Suing Us?

Art 126

Art Journalism Patent Law Invention 126

The TTABlog

SEPTEMBER 7, 2021

1123 (2000 ed.). The inference is inescapable that Sweet 16 is attempting to take advantage of the reputation of Schiedmayer products by suggesting that its Schiedmayer-branded pianos were made by a Schiedmayer company and can therefore be assumed to be of high quality. 1092 (2006 ed.).

Trademark 98

Trademark Registration Intellectual Property Music 98

Intepat

OCTOBER 7, 2022

Fashion designers can safeguard their designs for up to 15 years by taking the Copyright law into account under the Designs Act of 2000. With the introduction of the Designs Act in the year 2000, the Government of India included the advanced provision of safeguarding works with non-functional features in the domain of creative work.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

Intepat

DECEMBER 12, 2024

This development presents India with an opportunity to enhance its existing legal framework under the Designs Act, 2000. For instance, the requirement for disclosure promotes: Transparency: Brands must acknowledge the cultural origins of their designs.

Designs 52

Designs Design Law Registration 52

Dragons' Den

FEBRUARY 2, 2023

Moray was asking for a 30k investment for 20% of her brand-new handbag business, which were made from fish skin. Things were getting salty back in the Den, as the Dragons’ discussed the branding and the potential future of Moray’s business. So just how important is branding to your customer?

Designs 52

Designs Design Branding Brands 52

SpicyIP

JUNE 25, 2024

In accordance with the Designs Act of 2000, ‘Design’ refers to aspects of shape, configuration, pattern, ornamentation, or composition of lines or colours given to a product by an industrial process that appeal to and are assessed exclusively by sight. How are Competing Designs Assessed? But, that’s not the situation here.

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Designs Design Patent Application Copying 45

LexBlog IP

JULY 10, 2023

If you are a major consumer brand, chances are you have thought about how to create your own consumer identity by comparison to or distinction from your competition. 2000 WL 33535712 (C.D. Brands can use comparison surveys and publish results, provided they can back up their claims. The list could go on and on. Stouffer Corp.,

Advertising 40

Advertising Advertising Branding Brands 40

The IPKat

NOVEMBER 27, 2023

The average consumer of this type of product is accustomed to this type of position trade marks and, in principle, can be guided by them when purchasing the product ( R 938/2000 , R 813/2002-1 ). The public has become accustomed to identifying a particular brand of running shoe or sports shirt based solely on a distinctive sign.

Television 75

Television Branding Brands Branding 75

IP and Legal Filings

FEBRUARY 16, 2024

The Indian market till 2000 witnessed some major mergers and acquisitions post that the global credit crisis took a blatant hit on many major economies of the world. With entrepreneurship starting to develop during the late 20’s of the last decade mergers and acquisitions picked up their pace again in the Indian market.

Marketing 98

Marketing Marketing Business Ownership 98

Patently-O

OCTOBER 4, 2021

We thank LaTia Brand of Harrity Analytics and the Stanford NPE Database, described in Shawn Miller et al., Decoding Patent Plaintiffs since 2000 with the Stanford NPE Litigation Dataset , 21 Stan. Figure 1: Percentage of Patent Litigations Including a Pre-AIA Patent, by Year Litigation Initiated. Who’s Suing Us?

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Journalism Art Patent Law Invention 105