The IPKat

AUGUST 7, 2023

Background A German company (applicant) obtained in 2003 the registration of the 3D trade mark No. The applicant claimed the light brown colour and the seniority of its German trade mark registration dating back to 2000. The nullity action was successful and the trade mark registration was cancelled due to several reasons.

Registration 52

Registration Marketing Marketing Law 52

IP and Legal Filings

JUNE 27, 2022

Just like trademarks, registration for them is not mandatory, but if it is registered the protection becomes airtight. This statute also gives the rightful owner ‘copyright’ in design, which means the proprietor has exclusive right to use the design on article belonging to the class of its registration.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

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). It might be challenging for a brand owner to provide evidence of market confusion.

Registration 88

Registration Branding Brands Branding 88

IIPRD

APRIL 3, 2024

Introduction The Indian fashion market is pegged at an impressive value of $50 billion, out of which 10% consists of international luxury brands. [1] This is evidenced as an artistic work enjoys protection throughout the life of the author plus sixty years; whereas a design only enjoys protection for 10 years from registration.

Artistic Work 45

Artistic Work Designs Design Copyright 45

IP and Legal Filings

MARCH 9, 2022

Trademarks- as the patents protect the inventions, trademarks refer to the unique symbols and phrases used by an organization helping them to distinguish from the others in a competitive market. Is Copyright registration mandated in India? 483 (2001) ). Unlike patents, trademark protection is held indefinitely. Tasini, 533 U.S.

Ownership 75

Ownership Copyright Trademark Contracts 75

The IPKat

JANUARY 25, 2024

In the meantime many competitors have entered the market with their “bricks” that perfectly combine with Lego’s bricks. In the meantime many competitors have entered the market with their “bricks” that perfectly combine with Lego’s bricks. On 2 February 2010 Lego obtained RCD No.

Designs 67

Designs Design Registration Intellectual Property 67

The IPKat

DECEMBER 19, 2022

Background In 2001, McCain GmbH (the Intervener) successfully registered the following three-dimensional sign as an EUTM: Registration was obtained for goods in Class 29 (pre-cooked potato croquettes and products based on mashed potatoes frozen) of the Nice Classification.

Television 114

Television Advertising Advertising Designs 114

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

IP and Legal Filings

JUNE 12, 2023

billion in 2001 to USD 120 billion now. Although word marks are by far the most popular tool employed by organisations in this industry, there are numerous other unused tools that can give a competitive edge in the market. The trademark of Coca-Cola is its most valuable asset.

IP 79

IP Intellectual Property Trademark Designs 79

The IPKat

SEPTEMBER 24, 2021

Background In July 2001, an EU trade mark application was filed for the word sign ‘Vita’ for certain Class 9 goods, and later registered in September 2005. Ownership of the registration was subsequently transferred to Sony Computer Entertainment Europe Ltd (the predecessor to Sony Interactive Entertainment Europe Ltd, ‘the applicant’).

Marketing 56

Marketing Marketing Ownership Advertising 56

SpicyIP

MARCH 11, 2024

The plaintiff has registered its “Social” trademark and states to have invested considerably in its advertisement from 2001-2023. First, it argued that the plaintiff concealed material information that the registration of its mark was removed for non renewal in 2010 and was renewed only in 2019.

Trademark 59

Trademark Registration Copyright Patent 59

SpicyIP

JULY 23, 2023

The plaintiff is the proprietor of the word marks “Zenith” and other “Zenith” device mark and the defendant had registration over “Zenith” device which was later revoked by the IPAB, causing the defendant to use the impugned variant. The Delhi High Court held that since both the marks are registered a case of infringement does not arise.

Trademark 98

Trademark IP Higher Education Moral Rights 98

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

All these modern biological research works are time consuming, costly, and require several replicates and trials on animal and plant model systems before the product launch in the commercial market. Patents in biotechnology are required to maintain competitiveness in the market.

Patent 103

Patent Inventor Invention Intellectual Property 103

The IPKat

SEPTEMBER 4, 2023

This was because a non-exclusive licence agreement between Ford and AC Cars in 1996 stated that it was limited to vehicles manufactures in the UK, but was “without limit” as to sales and marketing territory, meaning that AC Cars could sell cars into the US, provided it carried appropriate insurance.

IP 67

IP Litigation Intellectual Property Registration 67

IP and Legal Filings

AUGUST 4, 2022

Under Indian Trademark regulations, the deceptive similarity is additionally a ground to not grant a trademark registration. The bustling flea markets of Mumbai and Delhi are testament to the wide array of cheap knock offs available. Mahendra and Mahendra Paper Mills Ltd. Mahindra and Mahindra Ltd.

Trademark 79

Trademark Branding Brands Branding 79

IIPRD

JANUARY 23, 2023

It further expanded its domain as a manufacturer by establishing a market for its self-made products such as kindle for e-book services, audiobook and ‘cloud computing’ web storage services. LEXIS 18660 & 2001 U.S. It aimed to provide a huge choice selection, at low prices via ensuring fast delivery satisfying the consumer base.

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

LexBlog IP

JANUARY 18, 2022

The owner of no less than six registrations for various forms of CALIFORNIA OLIVE RANCH is a company named California Olive Ranch, Inc., (“COR”) located in Chico in Butte County northeast of the state capital Sacramento. See illustration.). 5279505 and Reg No. But Mother Nature also can be a disrupter.

Law 52

Law Trademark Branding Brands 52

43(B)log

DECEMBER 20, 2022

From PR newswire, apparently a still from the 2001 film registered trademark For the 2001 Documentary, Monbo “organize[d] a group of highly skilled dirt-bike riders” to participate in a scripted film “that would highlight the exploits of an ostentatious group of dirt-bike riders in Baltimore called 12 O’Clock Boyz.”

Fair Use 52

Fair Use Trademark Copyright Editing 52

Technology & Marketing Law Blog

MAY 11, 2022

Note: I’ve often told the story of how Epinions implemented COPPA in 2001. If true, 1M visitors is a *much* lower threshold than 1M account registrations. The post Minnesota Wants to Ban Under-18s From User-Generated Content Services appeared first on Technology & Marketing Law Blog. Boy, were they pissed.

Social Media 143

Social Media Privacy Law Government 143

IP and Legal Filings

APRIL 27, 2023

Under Indian Trademark regulations, the deceptive similarity is additionally a ground to not grant a trademark registration. The bustling flea markets of Mumbai and Delhi are testament to the wide array of cheap knock offs available. Mahendra and Mahendra Paper Mills Ltd.

Trademark 59

Trademark Social Media Intellectual Property Branding 59

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. E.g., the book Coffee Blending published by the Guangdong Economic Press in 2001 wrote that ‘Yemen coffee is the original Mocha coffee, named after the old name of the port of Al Mukha today’.

Branding 73

Branding Brands Branding IP 73

The IPKat

JULY 12, 2024

5(3)(k) of the InfoSoc Directive 2001/29 ) from the possibility to register ‘brat green’ as a colour mark. Should she decide to change her approach and seek trade mark registration (or enforcement), though, she may have to tackle genericide claims, due to its extensive use fostered by her current marketing strategy.

Social Media 67

Social Media IP Branding Brands 67

IP Whiteboard

NOVEMBER 18, 2020

Gleeson J stated that the circumstances and available evidence did no support an order by the court that the Disputed Numbers be transferred to Manly Cabs under section 90-15 of Schedule 2 of the Corporations Act 2001 (Cth). For example, the majority of the Panel in Inbound Telecommunications Pty Ltd, Phonename Marketing Australia Pty Ltd v.

Branding 40

Branding Brands Branding Business 40

Kashishipr

AUGUST 2, 2021

Intellectual Propriety (IP) rights holders are under the perpetual threat of counterfeit goods in the market that is growing exponentially with advancing technology and a surge in cross-border trade among countries. A Unique Temporary Registration Number (UTRN) is generated on filing the online application.

IP 105

IP Intellectual Property Registration Registering Trademarks 105

The IPKat

JUNE 25, 2023

It then issues to those local producers, whose pepper is compliant with the PDO’s requirements, a certificate that allows them to market their products under the PDO “Piment D’Espelette”. The defendant, an unidentified producer from that region, owns a pepper company called Biperduna, in operation since 2001. So what happened earlier?

Art 75

Art Marketing Marketing Registration 75

43(B)log

AUGUST 18, 2021

For example (the details vary a little depending on defendant, but you get the picture): The STURGIS BIKE WEEK registration dates to 1997; defendants’ “Sturgis Motor Classic” came from 1997-98. During this period, defendants continued to grow and develop their inventory and marketed “Sturgis” and “Sturgis Motor Classic” rally products.

Cease and Desist 62

Cease and Desist False Advertising Registration Licensing 62

The IPKat

AUGUST 31, 2021

2021 is a momentous year for EU copyright law: it is the 30th anniversary since the adoption of the first ever copyright directive (the Software Directive 1991/250) and the 20th since the passing of the seminal InfoSoc Directive 2001/29. To celebrate the publication of Copyright in the Digital Single Market.

Copyright 97

Copyright Intellectual Property Intellectual Property Law Marketing 97

SpicyIP

JANUARY 2, 2022

The suit concerned agreements dating back to 2001 between IPRS and ENIL regarding broadcasting music in certain cities. The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

DECEMBER 12, 2023

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. But the facts pertaining to its market share indicate that the mark has achieved distinctiveness. The Court referred to the Supreme Court judgment in Laxmikant V.

Trademark 59

Trademark Branding Brands Branding 59

Technology & Marketing Law Blog

MAY 15, 2024

19, 27 (2001) (Ginsburg, J.); The plaintiffs responded by moving for partial summary judgment on the issue of ownership, based on the presumption of validity that attaches to timely copyright registrations. Nealy (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Andrews , 534 U.S. at 37 (Scalia, J.,

Music 95

Music Blogging Copyright Ownership 95

Kluwer Copyright Blog

AUGUST 16, 2021

4(2) of Regulation (EC) No 1049/2001 ) was that doing so would undermine the copyright protection of the standards at issue. With respect to the copyright/trade mark overlap, a case on the registrability of the marks ‘ ANIMAL FARM ’ and ‘ 1984 ’ is still pending before the EUIPO’s Grand Board of Appeal.

Copyright Law 52

Copyright Law Copyright Law Art 52

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. On the copyright/trade mark front, a case on the registrability of the marks ‘ ANIMAL FARM ’ and ‘ 1984 ’ is still pending before the EUIPO’s Grand Board of Appeal. In this case, Public.Resource.Org, Inc.

Copyright Law 58

Copyright Law Copyright Law Television 58

LexBlog IP

JULY 5, 2022

” [1] The best part about a copyright is that its registration is typically inexpensive and straightforward. The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. Scenario 2: Protecting Novel Designs by Patent. ” [8].

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

Above the Fold

JULY 5, 2022

1] The best part about a copyright is that its registration is typically inexpensive and straightforward. The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. Scenario 2: Protecting Novel Designs by Patent. 844, 850 (1982)). [21]

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

LexBlog IP

NOVEMBER 30, 2022

2001), which itself carried on the notion described in Publications International, Limited, v. Interestingly, she lost by default —she never answered the opposition filed to her trademark registration request, despite having two chances. Head , 178 F. 2d 758, 764 (S.D. ” Belford, Clarke & Co.

IP 52

IP Intellectual Property Fair Use Trademark 52

43(B)log

AUGUST 3, 2023

Chien-Chih (Jesse) Lu, Determining Music Copyright Infringement in the Taiwan Context Sleeping Beauty case: P performed song at school in 2001; D, also a student there, composed a melody 90% the same. Without a registration system, it can be difficult to identify who came first. Can the real songwriters terminate?

Music 52

Music Art Copying Licensing 52

Technology & Marketing Law Blog

MARCH 4, 2022

Federal Circuit holds refusal to register a political message for T-shirts violates the First Amendment, but fails to acknowledge that these types of registrations can chill expression. By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law.

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Registration Blogging Trademark Privacy 120