The IPKat

JULY 22, 2022

In 2006, work on simplifying procedures for the protection of industrial designs started in the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) , which has evolved into the draft for the proposed DLT. plants, animals, and microorganisms), and knowledge systems.

Designs 119

Designs Design Intellectual Property Licensing 119

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. The Court deemed these claims speculative and unsubstantiated, underscoring the need for tangible, concrete evidence of losses in trademark disputes.

Due Diligence 52

Due Diligence Intellectual Property Branding Branding 52

IP and Legal Filings

AUGUST 11, 2023

Introduction Trademarks are no longer confined to words, numbers, or devices. This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] 7] Is Braille a ‘Mark’ ?

Trademark 98

Trademark Registration Intellectual Property Intellectual Property Law 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. With the introduction of technologies such as 3D printing or laser printing, patent laws have entered the fashion industry.

Designs 97

Designs Design Artistic Work Technology 97

The IP Law Blog

MAY 20, 2021

What happens when a junior trademark holder’s business becomes so popular and well known that it threatens to swamp the reputation of a senior mark holder? The senior mark holder brings a trademark infringement case alleging “reverse confusion” among its potential customers. After some discovery, Dropbox moved for summary judgment.

Trademark 98

Trademark Marketing Marketing Business 98

Intepat

MARCH 13, 2025

In India, the protection of architectural designs falls under three main categories of the Indian IP regime, namely copyrights, designs and trademarks. The integration of IoT-enabled designs and smart technologies adds another layer of complexity as the same would fall in the domain of patent law.

IP 52

IP Designs Design Artistic Work 52

SpicyIP

FEBRUARY 21, 2024

Recently, the Delhi High Court referred 3 questions regarding the jurisdiction of a High Court to hear trademark rectification applications, to a larger bench. Kevin is a second-year law student at NLSIU Bangalore. The High Court having territorial jurisdiction over the appropriate office of the trademark registry.

Trademark 104

Trademark Intellectual Property Designs Design 104

Corsearch

NOVEMBER 20, 2023

Name saturation is an existential challenge for every industry that harnesses trademark law to protect its brand. Read on as we explore how you can conquer the likelihood of confusion in your pharmaceutical trademarks. As more and more names are registered, fewer are available for use.

Trademark 59

Trademark Branding Branding Brands 59

IP and Legal Filings

MAY 17, 2024

Daler Mehendi, a known singer and the plaintiff in the present case, had a registered trademark over the letters “DM” and established a business called “D.M. The concept of passing off under trademarks law was used to provide relief to the plaintiff. It is a common tort law aspect and can be used for unregistered trademarks.

Personality Rights 97

Personality Rights Intellectual Property Social Media Intellectual Property Law 97

Patently-O

APRIL 1, 2022

This is a pending trademark case involving the mark CLEAR that Dolce Vita uses on their shoes. The USPTO expected the shoes to be transparent and so refused to register the trademark because it was deceptively misdescriptive. In re Dolce Vita Footwear (Fed. DolceVitaBrief. TTAB Decision. ” C.

Registration 78

Registration Trademark Trademark Law Brands 78

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

IP 93

IP Intellectual Property Law Trademark Law 93

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. Lately, this has been called out as ‘ trademark bullying’ and recently, BigBasket and DailyBasket were involved in a tussle over the word ‘Basket’.

Cease and Desist 40

Cease and Desist Trademark Due Diligence Intellectual Property 40

IP and Legal Filings

AUGUST 23, 2023

China Bistro/ ” mark against the plaintiff’s trademark “China Bistro/ ”. The single bench, using the trite law of essential features and the average consumer test, reached the conclusion of infringement under §29(2) of the Trademarks Act, 1999 (‘Act’). [2] Dyechem Ltd vs M/S Cadbury (India) Ltd 2000(5) SCC 573; K.R.

Trademark 98

Trademark Law Marketing Marketing 98

Selvam & Selvam Blog

MAY 28, 2024

In response to these threats, many popular personalities have started trademarking their names to protect their goodwill and reputation from being misused by technology. However, the existing legislations do not seem fully equipped to address the complexities of the advent of artificial intelligence in the media.

Personality Rights 52

Personality Rights Intellectual Property Technology Trademark 52

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 Branding 52

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. Tribune Co.,

Social Media 52

Social Media Advertising Advertising Trademark Law 52

IP and Legal Filings

APRIL 10, 2025

The current statute provides protection of these celebrity rights under trademark law, copyright law as well as passing off action for infringing the said rights. To prevent the misuse of celebrities name, image and other attributes of their personality the best remedy available is to register their name as a trademark.

Personality Rights 52

Personality Rights Privacy Intellectual Property Journalism 52

SpicyIP

DECEMBER 12, 2023

The statutory threshold for proving trademark dilution is pegged higher when compared to trademark infringement and passing off. There have been plenty of studies in the United States of America where the psychological impact of confusion in trademarks have been studied. The Trademark Reporter, Vol.

Trademark 58

Trademark Branding Brands Branding 58

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. This may be explained by taking into consideration copyright, trademark as well as other intellectual property regimes.

Intellectual Property 40

Intellectual Property Copyright Law Trademark Trademark Law 40

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

Biswajit Sarkar Copyright Blog

JANUARY 19, 2022

In that case, Google was using the plaintiff’s (Bharatmatrimony) trademark for advertising the websites of other matrimonial sites. Hence, the court held by virtue of Section 29(3) of the Trademark Act, there will be a presumption of infringement against the defendant. This is because there were several factual questions in dispute.

Registration 52

Registration Trademark Cinema Business 52

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?

Branding 55

Branding Brands Branding Marketing 55

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!

Government 111

Government IP Intellectual Property Reporting 111

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.

Trademark 98

Trademark Trademark Law Television Law 98

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Introducing the College of Patent Agents & Trademark Agents. On June 28, 2021 , the College of Patent Agents and Trademark Agents Act came into force. 2000 SCC 66 at para. Trademark Law.

IP 105

IP Copyright Infringement Inventor Intellectual Property 105

Technology & Marketing Law Blog

OCTOBER 23, 2024

This is a major ruling validating the legitimacy of competitive keyword advertising, which occurs when an advertiser purchases and displays ads triggered in response to third-party trademarks. Recently, the “ Second Circuit Tells Trademark Owners to Stop Suing Over Competitive Keyword Advertising.” ” (OUCH).

Trademark 105

Trademark Advertising Advertising False Advertising 105

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.

Public Domain 52

Public Domain Intellectual Property Copyright Trademark 52

IP and Legal Filings

OCTOBER 23, 2024

A brand’s name, particularly when it takes the shape of a trademark, can define its identity, reputation, and value, making it an asset that is valuable to safeguard. Trademarks are unique “marks”, names, symbols, signs, words or phrases that define a brand or company’s products or services.

Trademark 86

Trademark Registration Branding Branding 86

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.

Intellectual Property 69

Intellectual Property Inventor Trademark Law IP 69

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. Miss Lizzies Coffee LLC, No.

Registration 94

Registration Business Trademark Marketing 94

43(B)log

OCTOBER 4, 2021

Begin with legislative action: Trademark Modernization Act, Which introduces three of the big themes of the year: (1) trademark use, (2) the harm of infringement, and (3) the role of the First Amendment in limiting the scope of trademark rights. Slides here.

IP 94

IP Trademark Advertising Advertising 94

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. Ernst [1] As Dennis reported, the Supreme Court has granted certiorari in the case of Vidal v. The PTO had denied registration under 15 U.S.C.

Registration 64

Registration Trademark Government Law 64