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3] [Image Sources: Shutterstock] Starbucks vs. Charbucks: This long-running dispute from 2001 to 2013 over a small New Hampshire coffee roaster’s use of “Charbucks” for dark roast coffee, arguing that Starbucks had diluted its famous trademark, places a number of issues regarding trademark dilution and parody at the very centre of this case.
“The first step in determining whether an unregistered mark or name is entitled to the protection of the trademarklaws is to categorize the name according to the nature of the term itself.” Showing your sales and advertising. Platinum Fin. 3d 722, 727 (7th Cir. ” Int’l Kennel Club of Chi., Tribune Co.,
Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademarklaw. The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film.
regarding the use of the ZARA trademark. We will examine the impact of the ruling in cases involving the use of third-party trademarks. Buongiorno was an internet and mobile telephone network provider that, in 2010, launched an advertising campaign for a paid subscription to a messaging service for receiving content via SMS.
The suit concerned agreements dating back to 2001 between IPRS and ENIL regarding broadcasting music in certain cities. Google argued that even when the keyword is a trademark, it is never used in a ‘trademark sense’, thereby the invisible use of trademarks, as keyword, failing to meet the threshold to constitute infringement.
The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. regarding the use of the ZARA trademark, as previously discussed here.
A trademark is a distinctive sign which identifies the goods and services of a company, and differentiates them from those of competitors, whereas a trade name identifies a company operating in trade and serves to distinguish it from other companies carrying out identical or similar activities. In particular, article 7.1
Trademarks displayed in audiovisual works can be a real headache if the associated legal aspects fail to be taken into account. Both Spanish and European trademarklaws and case law have shed some light in this regard. However, there are still some grey areas clouding this issue. Supreme Court Judgment no.
Chetanbhai Shah & Ors (2001 case) and held that where a case of prima facie passing off is made out, the Court ought to grant an immediate ex-parte injunction. 316 US 203] “the protection to trademark is the law’s recognition of the psychological functions of the symbols”.
2001) where the Court considered the potential for initial confusion sufficient for infringement. Underestimating the Persistent Relevance of Initial Confusion in Modern TrademarkLaw The Single Judge’s reasoning that initial confusion is transient and does not warrant protection seems misguided. Tandy Corp.,
In that case, Google was using the plaintiff’s (Bharatmatrimony) trademark for advertising the websites of other matrimonial sites. Despite no separate law on the protection of domain name, Indian courts have, over the years, given protection under the trademarklaw.
21] Under this test, Ginger Rogers and the estate of Fred Astaire could not prevent a filmmaker from using the title “Ginger and Fred” in a fictional film because the use was “clearly related to the content of the movie and is not a disguised advertisement for the sale of goods or services or a collateral commercial product.” [22]
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