SpicyIP

MARCH 14, 2025

However, the visual similarity was only a supplementary point in the Courts finding of infringement which was primarily based on the identicality of the business names, and their registration under the same classes. On the other hand, Hyderabad-based Magfast Beverages started manufacturing their drink under the name Mountain Dew in 2000.

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Trademark Registering Trademarks Registration Branding 63

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.

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IP and Legal Filings

SEPTEMBER 20, 2023

Unlike other forms of IPR, copyrights subsist in works from the moment they are expressed in fixed form irrespective pf whether or not you have applied for a registration. Visibly, the most imitated brands around the world are Gucci, Louis Vuitton, Chanel, Michael Kors, Coach, Nike, Rolex etc. Case Studies Rajesh Masrani v.

Designs 105

Designs Design Copyright Copyright Infringement 105

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]

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Marketing Marketing Trademark Registration 98

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.

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Branding Brands Branding Trademark 140

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. Historically, China’s trademark system was based on a “first to file” rule , meaning that the exclusive right of a trademark is awarded to the registrant who first applies.

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Registering Trademarks Trademark Registration Branding 103

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.

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Trademark Registration Branding Branding 105

Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

It can also help make the product more saleable, helping consumers identify the product with the brand. For a design to be registered under the Design Act, 2000, it must fulfill the following conditions: · Design should be unique and novel. Designs that stand similar or resemble already existing designs do not qualify for registration.

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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

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

It can also help make the product more saleable, helping consumers identify the product with the brand. For a design to be registered under the Design Act, 2000, it must fulfill the following conditions: · Design should be unique and novel. Designs that stand similar or resemble already existing designs do not qualify for registration.

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Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

It can also help make the product more saleable, helping consumers identify the product with the brand. For a design to be registered under the Design Act, 2000, it must fulfill the following conditions: · Design should be unique and novel. Designs that stand similar or resemble already existing designs do not qualify for registration.

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Registration Designs Design Copying 40

IP and Legal Filings

FEBRUARY 7, 2023

Their rights will be protected thanks to the metaverse brands’ trademarks. Importance of Registration of Trademarks in the Metaverse Businesses may now reach a larger audience, increase their digital footprint, and increase profits by utilising the Metaverse. It might be more difficult than ever in the metaverse to police brands.

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Trademark Non-Fungible Tokens Branding Brands 98

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

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.

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Branding Branding Brands Registration 52

IP and Legal Filings

OCTOBER 18, 2024

Infosys Limited obtained many registrations for the mark in various classes, the first being in 1987, and the company has been operating its website, wwww.Infosys.com, since 1992. The plaintiff argued that Infosy’s brand value in this trademark could mislead consumers into presuming a connection between the two companies.

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Trademark Cease and Desist Branding Branding 104

The TTABlog

DECEMBER 21, 2021

The NAKED condom case returned to the TTAB after a CAFC reversal [ TTABlogged here ] and the Supreme Court's denial of the registrant's petition for writ of certiorari (September 2021). He conducted clinical trials in 2000 and manufacturing began in 2002-2003. He developed his own formula for a lubricant, as well as special packaging.

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Registration Contracts Advertising Advertising 53

IIPRD

JUNE 8, 2024

Fundamentals concerning this trend’s effects on consumer perceptions, intellectual property rights, and brand integrity are brought up. Although they provide more affordable options, knockoffs and counterfeiting present a problem for luxury brands and designers who want to safeguard their creative investments.

Intellectual Property 52

Intellectual Property Designs Design Branding 52

The TTABlog

SEPTEMBER 7, 2021

The CAFC soundly upheld the TTAB's decision ordering cancellation of a registration for the mark SCHIEDMAYER for pianos [ TTABlogged here ] on the ground of false association under Section 2(a). 1123 (2000 ed.). There was at that time no limitation on the composition of TTAB panels, see 15 U.S.C. 1092 (2006 ed.).

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Trademark Registration Intellectual Property Music 98

Intepat

DECEMBER 12, 2024

Analysing the Riyadh Design Law Treaty in the Indian Context The Riyadh Design Law Treaty (DLT), finalized at the WIPO Diplomatic Conference in Riyadh in November 2022, marks a significant step towards harmonizing global industrial design registration processes. Utilize e-filing systems for quicker registrations.

Designs 52

Designs Design Law Registration 52

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

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.

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Trademark Branding Brands Branding 59

Kashishipr

AUGUST 2, 2021

Goods or items produced outside Bangladesh involving infringement of the Copyright Act, 2000 or infringement of layout design of integrated circuits that are intended for sale or use for commercial purposes within the territory of Bangladesh. A Unique Temporary Registration Number (UTRN) is generated on filing the online application.

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IP Intellectual Property Registration Registering Trademarks 105

IP and Legal Filings

AUGUST 8, 2024

The following 4 points are the criteria of patentability [2] – Novelty – This criteria states that prior of the application for patent, the invention should be completely brand new and not earlier publicly known or disclosed throughout the world. The registration unlatches the possibility to monetize the invention.

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Biswajit Sarkar Copyright Blog

NOVEMBER 30, 2021

The Novelty of Any Design is Important for its Registration. To be registrable, a design must be both new and original, and it must not have been previously published in India or elsewhere. It’s possible that a paper weight in the shape of an animal is brand new and unique. Exhibition before Registration.

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Designs Design Registration Publishing 52

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).

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Intellectual Property Due Diligence Journalism IP 59

LexBlog IP

AUGUST 23, 2023

In the cases at issue, the Seminole Tribe of Florida (“Seminole Tribe”) sought trademark registration for a guitar-shaped building for hotel and casino services. Thus, brand owners can, and do, register their trade dress at the PTO. Lessons for Brand Owners 1. See Figure 1.

Designs 52

Designs Design Advertising Advertising 52

Kashishipr

JUNE 1, 2022

For every business or brand owner at present, the design of a product has become a crucial concern, and why won’t it be, after all, “A thing of beauty is a joy forever.” ” The unique design of a product, such as that of Mini Cooper and Coca-Cola, forms brand identity.

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Designs Design Registration Contracts 45

The TTABlog

DECEMBER 5, 2022

The Board sustained an opposition to registration of the mark DANA DESIGN in the form shown below, for backpacks, hiking equipment, tents, and related goods, on the ground that the mark comprises the name of a living individual, Dana Gleason, without his consent and is therefore barred from registration by Section 2(c) of the Trademark Act.

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Designs Design Registration Trademark 49

The IPKat

NOVEMBER 27, 2023

Background On 12 April 2022 Paredes Holding Center SL (the Applicant) filed an application for the EU registration of the position trade mark no. 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 ).

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Television Branding Branding Brands 75

Selvam & Selvam Blog

JUNE 27, 2024

Baby Forest Ayurveda Pvt Ltd has reaffirmed several critical legal standards in trademark infringement and redefined the “customer of average intelligence and imperfect recollection” test considering the evolution of customer awareness and brand identities. 425 crores. This ensures that such terms are not monopolized by any single entity.

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Cease and Desist Trademark Branding Branding 52

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

According to the Complaint, Poulsen developed a unique currant red hybrid tea rose variety branded with the trademark INGRID BERGMAN (the “Mark”) in the early 1980s. 2,990,814 (the “‘814 Registration”), has been used in U.S. Gardens Alive’s family of brands include, among others, Weeks Roses. Federal Trademark Reg.

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Trademark Branding Brands Branding 40

IP Tech Blog

AUGUST 22, 2022

Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and commodities. By using “Smart,” the application passed the formal test for registration. Since then, giant companies all over the world ?

Design Patent 57

Design Patent Designs Design Patent 57

SpicyIP

DECEMBER 12, 2023

states that “The brand names serve as information ‘chunks’. Given, only a familiar brand name, a host of relevant and important information can be efficiently called into consciousness.” The brand names serve as the ‘information chunks’ “enabling the consumer to efficiently organize, store, and retrieve information from the memory.

Trademark 58

Trademark Branding Branding Brands 58

Selvam & Selvam Blog

MAY 28, 2024

The very objective of trademark law is to distinguish the source/origin of a product or service and to prevent unauthorized misuse of brands to avoid confusion or dilution of the original one.

Personality Rights 52

Personality Rights Intellectual Property Technology Trademark 52

IIPRD

SEPTEMBER 17, 2021

The famous brand Lays, during the ICC World Cup 2011 launched 6 new flavors, named after the countries playing the match, India, Sri Lanka, West Indies, Australia, England, and South Africa. Although, it was also capable of being registered as a design under the Designs Act, 2000. Therefore, it has been discussed in detail hereafter.

Editing 52

Editing IP Artistic Work Designs 52

LexBlog IP

AUGUST 22, 2022

Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and commodities. By using “Smart,” the application passed the formal test for registration. Other countries are lagging behind.

Design Patent 52

Design Patent Designs Design Patent 52

IIPRD

JUNE 14, 2021

Right from the lanes of Delhi’s Sarojini Nagar, to the high-end fashion brands like Manish Malhotra and Sabyasachi, the people of the country have dynamic tastes and never-ending interests! Protection under the Designs Act, 2000. That is their main asset, their main product.” Iqbal Singh Chawla&Ors. ,

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