IP and Legal Filings

FEBRUARY 7, 2023

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. By deterring rip offs, trademarks safeguard a company’s identity and the repute of its brand(s), especially in the Metaverse.

Trademark 98

Trademark Non-Fungible Tokens Brands Branding 98

IPilogue

JANUARY 14, 2022

2000 SCC 66 at para. Trademark Law. Parody in Trademarks is No Joke. In Subway IP LLC v Budway, Cannabis & Wellness Store , the Federal Court reaffirmed that parody is not a defence against trademark violation. With damages amounting to $40,000, it is clear the courts are unamused by parody in trademarks.

IP 105

IP Copyright Infringement Inventor Intellectual Property 105

Selvam & Selvam Blog

MAY 28, 2024

In the author’s personal opinion, Trademark law when implemented and enforced effectively can play a crucial role in the protection of personality rights of celebrities and to target the prevention of deepfakes and unauthorized use of an individual’s identity or likeness by third parties.

Personality Rights 52

Personality Rights Intellectual Property Technology Trademark 52

Corsearch

NOVEMBER 20, 2023

Name saturation is an existential challenge for every industry that harnesses trademark law to protect its brand. A study published in 2018 found that overall incidents of drug name confusion of all types had decreased when comparing two periods, 2000-2004 and 2012-2016 1.

Trademark 59

Trademark Brands Branding Branding 59

SpicyIP

FEBRUARY 21, 2024

Rather, after analysing the legislative intent of the TRA, conflicting High Court judgements on the said issue and the earlier position of trademark law in India, the Court referred the matter to a larger bench for reconsideration. Stay of proceedings where the validity of registration of the trade mark is questioned Absent in the Act.

Trademark 105

Trademark Intellectual Property Designs Design 105

Biswajit Sarkar Copyright Blog

JANUARY 19, 2022

Since domain names have a worldwide outreach, its registration is done by an international organization called the Internet Corporation for Assigned Names and Numbers (ICANN). Even before applying for registration, the registrant will have to check whether his domain name is similar to any other registered domain name in the WHOIS.

Registration 52

Registration Trademark Cinema Business 52

IIPRD

JUNE 14, 2021

Piracy may be defined as the unauthorized and illegal reproduction or distribution of materials protected by copyright, patent, or trademark law which is capable of eating up the whole industry slowly and steadily. Protection under the Designs Act, 2000. Piracy and Fashion Design. Iqbal Singh Chawla&Ors. ,

Intellectual Property 40

Intellectual Property Artistic Work Designs Design 40

SpicyIP

DECEMBER 12, 2023

316 US 203] “the protection to trademark is the law’s recognition of the psychological functions of the symbols”. Mr. Jacob Jacoby in his article, “The Psychological Foundations of Trademark Law: Secondary Meaning, Generism, Fame, Confusion, Dilution.” The Trademark Reporter, Vol. 5 September-October, 2000].”

Trademark 59

Trademark Brands Branding Branding 59

Selvam & Selvam Blog

MARCH 28, 2022

The trademark law firmly establishes that a trademark owner reserves the exclusive right to use the trademark and enforce the same. opposed the registration of a logo of pear by Prepear for being similar to its Apple logo. A widely discussed example was when Apple Inc.,

Cease and Desist 40

Cease and Desist Trademark Due Diligence Intellectual Property 40

IIPRD

JUNE 8, 2024

Intellectual property rights protection to the fashion industry Trademark Act: Trademark Act plays a significant role in preserving a brand’s legitimacy and integrity, which is advantageous for the industry. However, the protection of fashion designs by trademark law is not perfected.

Intellectual Property 52

Intellectual Property Designs Design Brands 52

43(B)log

DECEMBER 11, 2024

23-2000 (1 st Cir. Ghost Adventures owns incontestable trademark registrations for both the name Lizzie Borden for hotel and restaurant services and for a realistic hatchet logo displaying a notched blade (a reference to the implement that allegedly killed Bordens parents). US Ghost Adventures, LLC v.

Registration 94

Registration Business Trademark Marketing 94

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Professor Alexandra Roberts has written an excellent recent article on this, Trademark Failure to Function.

IP 94

IP Trademark Advertising Advertising 94

IP and Legal Filings

OCTOBER 23, 2024

Trademarks are governed by the Trademarks Act of 1999 and the Trademark Rules of 2017 in India which provides for registration and protection of Trademarks from fraudulent practice. 2] In recent times, many people are misusing the goodwill of others by “trademark squatting”.

Trademark 87

Trademark Registration Brands Branding 87

Patently-O

JUNE 11, 2023

Elster to determine if the PTO violated Steve Elster’s First Amendment right to free speech when it declined to federally register his trademark TRUMP TOO SMALL in connection with T-shirts. The PTO had denied registration under 15 U.S.C. Brunetti , the Federal Circuit’s decision was almost certainly correct. [4]

Registration 64

Registration Trademark Government Law 64