IP and Legal Filings

MARCH 30, 2023

Introduction In the conventional sense, trademark law requires the mark to essentially be a word or a logo. However, there have been significant advancements in the interpretations of trademark law over the years, with one such advancement being protection of fictional characters under trademark law.

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IP and Legal Filings

OCTOBER 23, 2023

Another form of trademark infringement would be counterfeiting, where the third party manufacture, produce and sell the type of goods/products which are almost similar to the original trademark product. 3] Section 2(1)(ua)(w), The Information Technology Act, 2000. [4] 7] Section 79, IT Act, 2000, ibid., 4] [Civil Suit No.

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Marketing Marketing Trademark Registration 98

IP and Legal Filings

MAY 17, 2024

The concept of passing off under trademarks law was used to provide relief to the plaintiff. AI generated voice being used to fraudulently misrepresent or impersonate an individual would fall under the ambit of Section 66D and Section 66E of the IT Act, 2000. Unauthorized use of such persona would classify as false endorsement.

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Personality Rights Intellectual Property Social Media Intellectual Property Law 97

IP and Legal Filings

MARCH 4, 2022

extends the period for developing countries, which extends it up to four more years, which makes it a total of 5 years, i.e., till 1 January 2000. However, this is limited to the IPRs for protection of patent of product which is exclusively limited to areas of technology which were not protectable till 1 January 2000. Article 65.3

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Patently-O

APRIL 1, 2022

2001) (focus on whether misdescription “materially induce[s] a purchaser’s decision to buy”), quoting 2 McCarthy on Trademarks § 11:56 (2000). DolceVitaBrief. TTAB Decision. ” C.

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Registration Trademark Trademark Law Branding 78

SpicyIP

NOVEMBER 23, 2021

While doing so, the Court disregarded many of the foreign judgements cited by Google which held invisible use of trademarks as failing to constitute infringement; and highlighted the stark differences in trademark law in each jurisdiction, especially when compared to India. Confusion caused by Google’s keyword policy.

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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.

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LexBlog IP

SEPTEMBER 22, 2022

“The first step in determining whether an unregistered mark or name is entitled to the protection of the trademark laws is to categorize the name according to the nature of the term itself.” Platinum Fin. 3d 722, 727 (7th Cir. ” Int’l Kennel Club of Chi., Mighty Star, Inc., 2d 1079, 1085 (7th Cir.

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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

SpicyIP

OCTOBER 16, 2024

A combined reading of the two aforesaid provisions leads to a clear statutory interpretation that trademarks registered without colour limitations or in grayscale are protected across all colours, potentially granting the owner exclusive rights over every possible variation, even without the need to harbour distinctiveness.

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LexBlog IP

FEBRUARY 29, 2024

Trademark law has something to say about use. Consider the difference between copyright law — which is meant to encourage creativity for the benefit of society–and trademark protection, which is about identifying the source of goods and services and avoiding consumer confusion. 3] CA Copyright Act, s.

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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. ,

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IP and Legal Filings

AUGUST 23, 2023

Dyechem Ltd vs M/S Cadbury (India) Ltd 2000(5) SCC 573; K.R. Navaratna Pharmaceutical Laboratories AIR 1965 SC 980, para 28. [5] Krishna Chettiar v Shri Ambal & Co. 1970 AIR 146. [6] 6] Ibid , para 7. [7] 7] Ibid , para 29; M/S S.M. Krishna Chettiar v Shri Ambal & Co. 1970 AIR 146. Pidilite Industries Limited v.

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The IP Law Blog

MAY 20, 2021

In essence, courts have recognized the reverse confusion theory “to prevent the calamitous situation [where] a larger, more powerful company thus usurp[s] the business identity of a smaller senior user.” ( Citing, Commerce Nat’l Ins. Commerce Ins. Agency, Inc., 3d 432, 445 (3d Cir.

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IP and Legal Filings

FEBRUARY 7, 2023

Suggestions Some of the suggestions below may be used to reduce the likelihood of trademark infringement in light of the issues mentioned above that may be encountered in the protection of trademarks in the metaverse – Its virtual duplicate should also be covered by the trademark protection.

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IIPRD

JULY 4, 2021

Recently, it has provided such uniform unique code numbers to approximately 2000 emoji which may be described as having an outline shape, with black and white colors along with a brief description regarding the same. Trademark Law.

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Intellectual Property Copyright Law Trademark Trademark Law 40

IP and Legal Filings

AUGUST 11, 2023

19] Being able to distinguish one’s trademark falls at the centre of the trademark law, as otherwise, it is liable to be rejected under Section 9(1) of the Act. See also: Aishwarya Vatsa, Subject Matter and Pre-Requisites for Protection of non-traditional Trademark , 8 Christ U LJ 61, 65 (2019). [19]

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Trademark Registration Intellectual Property Intellectual Property Law 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. Western Oilfield Equipment Rentals Ltd. v M-I LLC ; and Bauer Hockey Ltd. v Sport Maska Inc.

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SpicyIP

JANUARY 20, 2024

And, if I may add a 4th stage, Phase IV (2000–Present) has over 25 NLUs and many large private universities now. While teaching a diverse range of subjects, the initial mission of NLUs seems to have transformed, with many focusing (inadvertently or not) on converting law schools into corporate law job factories!

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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].”

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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. Through this, the former aims to monopolize the market and kick out any remotely similar business operating under the mark.

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Cease and Desist Trademark Due Diligence Intellectual Property 40

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. Afterall, the trademark act is a self contained code.

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SpicyIP

JUNE 13, 2024

Mountain Valley Springs, the plaintiff, has been marketing its products under the trademark (TM) “Forest Essentials” since 2000, claiming extensive reputation and goodwill, especially for their Ayurvedic products, including a baby care segment launched in 2006. Case Overview: What were The Parties even Fighting for?

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Branding Branding Brands Marketing 56

Biswajit Sarkar Copyright Blog

JANUARY 19, 2022

Unlike UDRP, it is governed by the Arbitration & Conciliation Act, 1996 and hence, binding in the court of law 8. Despite no separate law on the protection of domain name, Indian courts have, over the years, given protection under the trademark law. vs Cyberbooth AIR 2000 Bom 27 People Interactive (India) Pvt.

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Registration Trademark Cinema Business 52

Technology & Marketing Law Blog

OCTOBER 23, 2024

In any case, Lerner & Rowe cited a case from 2000 on this factor, and the court swats it away as outdated (“that may have been true over twenty years ago when internet advertising was new”). The defendant displayed its own trademark in the ad copy, not the plaintiff’s, so the marks were dissimilar. ” Huh?

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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.

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Patently-O

FEBRUARY 19, 2025

citizen with a professional background and proven ability in patent or trademark law. At Goldman Sachs, he founded and led the investment bank’s intellectual property practice from 2000 to 2009. The statute specifically requires that the Director be a U.S. I expect that Sec.

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43(B)log

DECEMBER 11, 2024

23-2000 (1 st Cir. For example, if two outdoor Saturday farmers markets opened on the same block, causing wandering shoppers to think that they were affiliated, their proximity and similar business models, without more, would not be suggestive of trademark infringement. US Ghost Adventures, LLC v. Miss Lizzies Coffee LLC, No.

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IP and Legal Filings

OCTOBER 23, 2024

The integrity of trademark law is seriously threatened by such exploitative strategies, which emphasises the necessity of court action to defend and preserve the rights of rightful trademark owners. A study of Indian and US Trademark Law relating to the effect of ‘Non-Use’of a trademark. [3]

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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.

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Patently-O

JUNE 11, 2023

640 (2000). [13] Robert, Trademark Failure to Function , 104 Iowa L. 1977 (2019); Lisa Ramsey, Free Speech Challenges to Trademark Law After Matal v. 9] In re Elster, 26 F.4 4 th at 1338. [10] 10] In re Nieves & Nieves L.L.C., 113 U.S.P.Q.2d 2d 1629 (T.T.A.B. 11] Registration No. 12] Boy Scouts of America v.

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