IP and Legal Filings

JUNE 12, 2023

To do this, food firms invest a lot of money in developing and promoting distinctive brands and are increasingly turning to intellectual property (IP) protection as a means of establishing or maintaining their leadership in the industry. IP provides a wide range of tools that can help businesses stand apart from the competitors.

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IP Intellectual Property Trademark Design 98

SpicyIP

AUGUST 2, 2021

A Parliamentary Standing Committee Report that Challenges the Fine Balances Within the IP System. Scaria points out that the Report lacks focused questions of enquiry and instead undertakes a superficial review of all IP laws in the country. Parliamentary Committee on IP Suggests Against Scrapping of IPAB. Topical Highlight.

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Reporting Design Designs IP 116

Intepat

JULY 14, 2021

As a result of the dissolution of the IPAB, the biggest question that has been raised is whether the High Court will be able to efficiently dissolve the IP cases given the large number of IP cases that will now fall on their shoulders. IP CASES PENDING BEFORE THE IPAB. INTELLECTUAL PROPERTY DIVISION (IPD) OF DELHI HIGH COURT.

Intellectual Property 98

Intellectual Property IP Design Designs 98

LexBlog IP

APRIL 5, 2023

There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant to grant registration to GUIs. It is not a finished article since no industrial process was involved in manufacturing it.

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Registration Design Designs Public Domain 52

The IPKat

JULY 12, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Spyridon Sipetas (Stockholm University), tackling the IP implications of ‘brat’. The ‘brat’ phenomenon: Exploring cultural influence and IP dynamics by Spyridon Sipetas Summer 2024 has officially been proclaimed as ‘brat summer’. Read on then!

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Social Media IP Branding Branding 72

The IPKat

DECEMBER 15, 2023

This post is the third and final instalment in the “Africa IP Highlights 2023" series of posts highlighting some of the key developments in IP in Africa in 2023. As previously stated, the Africa IP Highlights 2023 is the result of collaboration between myself and Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga.

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IP Intellectual Property Copyright Music 65

SpicyIP

JULY 14, 2021

Smell marks are or have been heavily debated around the world and are privy to their own set of issues in terms of registration. Internationally, the statutory requirements for the registration of non-conventional trademarks varies across jurisdictions. Issues and Barriers to the Registrability of Smell-marks.

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Trademark Registration Marketing Marketing 126

IP and Legal Filings

MARCH 9, 2022

The IP dive pertains to all the original creations of humankind inclusive of technical or any scientific innovation. Is Copyright registration mandated in India? The registration is not treated as a prerequisite to acquiring the copyright of any literary work. 483 (2001) ). Tasini Case ( New York Times Co.

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Ownership Copyright Trademark Contracts 97

Velocity of Content

SEPTEMBER 2, 2021

In my first post in this series, after discussing the basics of good copyright practice for bloggers (and other creators whose distribution is primarily through social media sites), I went on to look at the DMCA and how it may be seen as a useful first-line-of-defense bit of IP protection for content first appearing on such sites.

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Copyright Licensing Derivative Work Social Media 116

SpicyIP

JANUARY 14, 2024

Subsequently, in December 2021, the PPVFR Authority revoked PepsiCo’s varietal registration certificate for FL-2027 following a petition by activist Kavitha Kuruganti, alleging false information in the certificate of registration.

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Registration IP Settlement Patent 64

SpicyIP

JUNE 12, 2023

Last week saw a bunch of interesting IP developments. Calcutta High Court clarifies that a civil court does not have jurisdiction to determine the validity of registration granted under the Plant Varieties Act. Adobe claims Firefly can avoid copyright infringement, and offers IP indemnity to businesses. Case: Pan Seeds Pvt.

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Copyright Advertising Advertising Trademark 98

IP and Legal Filings

MARCH 8, 2023

The Plaintiff’s first registration in India dates back to the year 1993 in Class 16, and the Plaintiff claimed to have been utilising and holding registration rights for the Trade Mark since October 2003 for the hospitality industry (class 42). Lexology (2022), [link] (last visited Feb 28, 2023).

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Registration Branding Branding Brands 98

The IPKat

SEPTEMBER 4, 2023

Acedes, which acquired some of the assets of AC Cars in 1996, including the IP rights and goodwill relating to the mark “AC Cobra", registered the mark in the UK in 2007 (the AC Cobra Mark). Both counterclaims therefore failed.

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IP Litigation Intellectual Property Registration 72

The IPKat

FEBRUARY 10, 2022

The Standards were subsequently revised in 1994, 1997, 2001, 2005 and 2016, summarising changes in legislation and practices. 1) The Madrid international trade mark registration. It includes the specific requirements and content of the entire examination of the Madrid International Registration.

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Registration Intellectual Property Law Design 81

SpicyIP

DECEMBER 26, 2021

Needless to state this piqued my interest as to the impact of this order passed under the Protection of Plant Varieties and Farmers Rights Act, 2001, which is generally bereft of any jurisprudence. At the outset, I believe this order has not clarified nor promoted any farmers rights under Chapter VI of the PPV &FR Act.

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Registration Patent Law Litigation IP 122

LexBlog IP

JANUARY 11, 2023

The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Registration of a mask work with the Copyright Office provides certain legal benefits, including the ability to bring a lawsuit for infringement of the mask work. Registration of a Mask Work.

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Registration Design Designs Copying 40

IP and Legal Filings

AUGUST 8, 2024

IMPROTANCE OF PATENT REGISTRSTION The registration of the Patent is essential for the inventors and businesses alike, providing a multifaceted protection for an invention. The registration unlatches the possibility to monetize the invention. Moreover, a patent registration makes the competitive advantage stronger.

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Patent Invention Inventor Patent Application 97

IP and Legal Filings

JANUARY 30, 2022

The Respondent secured federal trademark registration for “Get Lucky” in 1986, and the Petitioner commenced offering garments employing the registered trademark “Lucky Brand” and term “Lucky” a few years later, in 1990. This case saw the issuance of several marks.

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Trademark Branding Branding Brands 105

The IPKat

NOVEMBER 21, 2023

Background In 2001, Diego Armando Maradona, widely regarded as one of the best football players of all time, submitted an application to register the word mark DIEGO MARADONA (the Mark) as an EUTM in classes 3, 25 and 42, in respect of a range of services. The Mark eventually registered in 2003 (the Registration).

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Registration Ownership Intellectual Property Contracts 69

SpicyIP

JULY 4, 2024

The accompanying guidelines to the notice give other relevant information about the registration process, issuance of admit cards, nature of the written examinations, and importantly the syllabi for the exams, which seem to have changed a bit. The notice is linked here and the guidelines for the exams are here.

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Trademark Patent IP Designs 45

IP and Legal Filings

SEPTEMBER 12, 2024

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.

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Branding Brands Branding Trademark 98

SpicyIP

JULY 23, 2023

Last week we published a literature review cum blog post on Artificial Intelligence and IP. Abhijeet is a fourth-year law student at Hidayatullah National Law University, Raipur, and is interested in the intersection of TMT and IP sectors. Anything important we’re missing out on?

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Trademark IP Higher Education Moral Rights 98

IP and Legal Filings

MARCH 28, 2024

Many film titles or names like Dhoom (ID: 1319835), Padman (ID: 3749859), 3 Idiots (ID: 1940729), and Singham (ID: 3672533), have been registered as a service mark under class 41, of the fourth schedule of the Trademark Rule, 2001. These registrations aid in allocating precedence. This idea sort of gets the job done of a copyright.

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Cinema Copyright Blogging Registration 98

LexBlog IP

DECEMBER 15, 2021

2001), the Court concluded that Section 504(b) permits a copyright owner to recover actual damages, in appropriate circumstances, for the fair market value of a license covering the infringing use. . § Although registration of a U.S. On Davis v. Gap, Inc. , 3d 152, 159 (2d Cir. See generally Fitzgerald Publ’g Co.

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Copyright Infringement Copyright Licensing Registration 52

IP and Legal Filings

JUNE 27, 2022

This blog will consider different IPs, which are at growing stage. These include the IPs, like- Copyrights, Industrial Designs, Geographical Indications, Layout Designs of Integrated Circuits, Plant Variety Protection and Trade Secrets. Their registration is for 10 years, extendable up to 5 years.

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Intellectual Property Moral Rights Designs Design 52

IP and Legal Filings

AUGUST 4, 2022

Under Indian Trademark regulations, the deceptive similarity is additionally a ground to not grant a trademark registration. Author: Akshita Sharma, a student of Symbiosis Law School (Pune), in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing. Mahindra and Mahindra Ltd.

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Trademark Branding Branding Brands 98

IP and Legal Filings

OCTOBER 18, 2022

The protection includes ensuring registration ad enforcement within the territories of the country for the interested owners and applicants. Requisites for registrability of Plant varieties. • Among the services with waived fees are the registration and examination of a new plant variety. Image Source: Freepic].

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Intellectual Property Registration Intellectual Property Law Law 52

SpicyIP

AUGUST 4, 2024

Jan Vishwas (Amendment of Provisions) Act Comes Into Force Today Image by vecstock on Freepik Provisions of the Jan Vishwas Act related to various IP legislations come into effect today. The petitioner proved prior use by placing documents on record since 2001. Read Tejaswini Kaushal’s analysis of the orders above.

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Social Media Trademark Licensing Music 105

LexBlog IP

MARCH 15, 2024

Though the term “rose gold” is commonly used today, references to “red gold” continue; from 2001 to 2017, the Wristwatch Annual included more than 1,300 references to “red gold” by fifty-three different watchmakers.” ” Plaintiff alleged that it has used the mark RED GOLD on watches since 1989.

Fair Use 52

Fair Use Social Media Trademark Advertising 52

Intepat

APRIL 23, 2024

This principle was firmly established by the Supreme Court of India in the landmark decision of Cadila Health Care Limited vs. Cadila Pharmaceuticals Limited (2001). This oversight means there is no effective mechanism to prevent the registration of fraudulent or deceptively similar names for medicinal products.

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Branding Brands Branding Trademark 52

Garrigues Blog

JANUARY 12, 2022

All of us at the Garrigues IP Blog would like to wish you a very happy new year. This seems like the perfect time, then, to talk about one of the scenarios in which (IP wise) the past can prove to be extremely important when facing the future: the right of prior use to counter infringement of patents or utility models.

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Patent Infringement Invention Patent Patent Law 52

IP and Legal Filings

DECEMBER 23, 2023

The major industries that participated included real estate, rental and business activities (16,016 OPC registered), manufacturing (2355 OPC registered), wholesale and retail trade (2197), other community and social activities (2001), education (860), transportation, storage and communication (795), and numerous others.At Salomon v.

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Business Reporting Contracts Designs 105

The IPKat

JULY 26, 2021

MOCCA (and picture)’ as shown below, filed by a company named Rui Chang in March 2011, was approved for registration in China in May 2012 (No. HNTF then took the case to the Beijing IP Court. 3240 [2018], First, Civil Division, 73, Beijing, of Beijing IP Court). The Beijing High People’s Court upheld Beijing IP Court’s ruling.

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Branding Branding Brands IP 78

Kluwer Copyright Blog

OCTOBER 7, 2021

4(2) of Regulation (EC) No 1049/2001 ) was that doing so would undermine the copyright protection of the standards at issue. EU Parliament, Draft report on IP Action Plan. On 30 September 2021, the EU Parliament adopted a draft report that welcomes the EU Commission’s aims set out in its EU IP Action Plan.

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Copyright Law Copyright Law Television 64

SpicyIP

MARCH 11, 2024

Here is our recap of last week’s top IP developments. Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Read on to know more!

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Trademark Registration Copyright Patent 59

LexBlog IP

JULY 12, 2021

Is the Registration Certificate any different? As explained above, there are three distinct benefits to the Supplemental Register: (1) the applicant can still bring suit; (2) the USPTO will not register a confusingly similar marks; and (3) the applicant may use the ® after registration. See 15 U.S.C. §1063. See 15 U.S.C.

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Trademark Graphic Design Registration Registering Trademarks 52

Selvam & Selvam Blog

OCTOBER 31, 2024

The Act under Section 11 of the Act prohibits the registration of the trademarks which are identical or deceptively similar to existing marks for similar goods or services. Further, Section 13 of the Act prohibits registration of the names of chemical elements, compounds and international non-proprietary names (INNs).

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Trademark Registration Branding Branding 52