IP and Legal Filings

MARCH 9, 2022

The encouragement towards innovation is legalized under Intellectual copyrights patents and trademarks Rights are provided by the states around the globe. Unlike patents, trademark protection is held indefinitely. 483 (2001) ). Introduction: Appreciating art, culture, and innovation is a prevalent practice for ages.

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IPilogue

JUNE 30, 2022

On May 09, 2022 , the Delhi High Court protected the title of the iconic Bollywood movie “ Sholay ” from trademark infringement and passing-off by a U.S. The lawsuit was filed in 2001 when the defendants were found to have registered the domain name ‘www.sholay.com’ for its website. Can movie titles be protected as trademarks in India?

Cinema 105

Cinema Artwork Trademark IP 105

The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. for protection of its trademark “L.O.L. Thus, in April 2022, deciding on a case brought by a U.S.

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IP Brands Branding Branding 133

IP and Legal Filings

JANUARY 30, 2023

As the number of companies are increasing in the domestic and international markets the importance of Intellectual Property Rights (IPR) is also increasing. Metaverse is essentially a blessing for businesses that own trademarks because it offers a fruitful environment for inexpensively promoting and marketing trademarks.

Intellectual Property 98

Intellectual Property Non-Fungible Tokens Trademark Copyright 98

The IPKat

MAY 7, 2024

There, future harmonization initiatives appeared already anchored not only to an internal market-building rationale, but also to the objective of ensuring the now European Union’s overall competitiveness vis-à-vis third countries and the need to strike a fair balance between the rights and interests of different parties.

Copyright Law 125

Copyright Law Copyright Law Intellectual Property 125

Garrigues Blog

SEPTEMBER 29, 2021

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 trademark laws and case law have shed some light in this regard. It is common practice in the audiovisual world to be particularly careful with any trademarks displayed on screen.

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Trademark Trademark Law Television Registering Trademarks 52

IP and Legal Filings

JUNE 12, 2023

The trademark of Coca-Cola is its most valuable asset. The value of the Coca- Cola trademark has increased from USD 68.9 billion in 2001 to USD 120 billion now. Trademarks A trademark is a recognisable, non-functional indication that a company uses to set its products apart from those of its rivals.

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IP Intellectual Property Trademark Design 98

IP and Legal Filings

APRIL 27, 2023

There are various important judgments, some stated below citing the role of deceptive similarity in the infringement of trademarks in India. This dives into the necessary and impetus role of the intellectual property laws to protect the business and goodwill of companies being subject to trademark infringement left, right and centre.

Trademark 59

Trademark Social Media Intellectual Property Brands 59

Garrigues Blog

FEBRUARY 5, 2024

A judgment from the Court of Justice of the European Union (CJEU) clarifies the scope of third-party use of trademarks, taking into account the changes introduced in the European Directive on trademarks. regarding the use of the ZARA trademark. The Commercial Court No.

Trademark 59

Trademark Trademark Law Advertising Advertising 59

Kluwer Copyright Blog

JULY 15, 2021

Legal arrangements concerning a system of fees compensating creators, holders of related rights and their successors for permitted personal uses based on the provisions of Article 5(2)(b) of Directive 2001/29 have functioned unchanged in Polish law since 1994. b) entitled CMOs in a proportion determined by the provisions of the Act.

Copying 59

Copying Law Related Rights Copyright Law 59

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. Images of genuine goods (for trademarks and designs). Images of infringing goods (if applicable/available).

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IP Intellectual Property Registration Registering Trademarks 105

IP and Legal Filings

MARCH 8, 2023

Introduction The Respondents were sued by the Appellant, the owner and holder of the trademark “RENAISSANCE,” seeking a permanent injunction against the use of the allegedly infringing trademark “SAI RENAISSANCE” and any other marks that are confusingly similar to the Respondents’ mark, “RENAISSANCE.”

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Registration Brands Branding Branding 98

The IPKat

DECEMBER 17, 2022

Kat friend Marcel Pemsel, who will shortly publish as a full-fledged Guest Kat, already shares his thoughts on a recent trademark decision by the General Court concerning that favorite of trade mark questions: what does the specification of goods and services cover? 1 of Directive 2001/83/EC ) and ‘food supplements’ ( Art.

Editing 130

Editing Art Law Licensing 130

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). They attempt to leverage the trademarks of established drugs, creating names for inferior or unrelated products that mimic those of reputable brands.

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Branding Brands Branding Trademark 52

The IPKat

JANUARY 25, 2024

Background In 2010, Buongiorno Myalert SA (Buongiorno), an Italian mobile apps and services provider, launched an advertising campaign for a paid subscription to a multimedia messaging service, marketed under the name ‘Club Blinko’.

Advertising 69

Advertising Advertising Law Marketing 69

43(B)log

SEPTEMBER 13, 2024

9, 2024) The parties compete in the sale of “chemical bonding products marketed for home and automotive use.” The first one’s the potential surprise, and raises evidentiary questions about hearsay that a court in a trademark case might have seen differently. This wasn’t comparative advertising (or a two-player market).

Advertising 59

Advertising Advertising False Advertising Marketing 59

SpicyIP

JULY 23, 2023

Case Summaries Delhi High Court grants a permanent injunction to Allied Blenders in a trademark infringement case concerning ‘Officers Choice’ Image from here Allied Blenders and Distillers Pvt. The plaintiff, registered proprietor of ‘Vasundhra’, claimed prior use since 1999, whereas the defendant, claimed use since 2001.

Trademark 98

Trademark IP Higher Education Moral Rights 98

Selvam & Selvam Blog

OCTOBER 31, 2024

Trademarks provide an advantage to businesses by distinguishing one’s product from others. In this industry, the trademarks not only play a crucial role in distinguishing the marks but also ensures consumer safety. This has led to a significant number of deceptively similar marks in the market. vs. Cadia Pharmaceuticals Ltd.

Trademark 52

Trademark Registration Brands Branding 52

43(B)log

AUGUST 18, 2021

29, 2021) This is part of a long-running trademark case, now over 10 years old. During this period, defendants continued to grow and develop their inventory and marketed “Sturgis” and “Sturgis Motor Classic” rally products. Sturgis Motorcycle Rally, Inc. Rushmore Photo & Gifts, Inc., 2021 WL 1176242, No. 11-5052-JLV (D.S.D.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

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 Trademark Reporter, Vol. 5 September-October, 2000].”

Trademark 59

Trademark Brands Branding Branding 59

Technology & Marketing Law Blog

AUGUST 24, 2023

Some forms of data are protected by copyright, trademark, or another cognizable forms of intellectual property. From 2001 to 2017, the simplistic answer was yes, any form of revocation of authorization was typically sufficient to trigger CFAA liability, if the scraper continued to access the site without permission. .

Blogging 98

Blogging Contracts Intellectual Property Social Media 98

IP and Legal Filings

AUGUST 8, 2024

The patentee can use the invention as an essential asset, either by licencing the use of the patent to others in return for the royalties or by selling it off to another person This way it can be a remarkable flow of revenue, mostly for the inventions with huge market value.

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Patent Invention Inventor Patent Application 97

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?

Brands 56

Brands Branding Branding Marketing 56

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

IP and Legal Filings

JUNE 27, 2022

PART 1: of the blog discussed about history, development, fundamentals of IPR and explained Patents and Trademarks. Just like trademarks, registration for them is not mandatory, but if it is registered the protection becomes airtight. The blog is divided into two parts and this is part 2 of the blog. Sound recordings”.

Intellectual Property 52

Intellectual Property Moral Rights Design Designs 52

LexBlog IP

AUGUST 30, 2023

1) He made this request on grounds including trademark law and unfair competition law. The third defendant was licensed to produce and market the disputed foods and spices under its own name and at its own expense, paying a fixed fee to the plaintiff for each individual product sold. dishes and seasonings) as works of IP. (1)

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

Kluwer Copyright Blog

SEPTEMBER 1, 2021

5(3)(k) of Directive 2001/29/EC “ (discussed here ); the essential characteristics of parody are the following: A parody must evoke an existing work. The Copyright / Trademark Interface: How the Expansion of Trademark Protection Is Stifling Cultural Creativity. The parody defence. by Tito Rendas. € by Martin Senftleben. €

Derivative Work 111

Derivative Work Copyright Law Copyright Law 111

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. The Copyright / Trademark Interface: How the Expansion of Trademark Protection Is Stifling Cultural Creativity. In this case, Public.Resource.Org, Inc. by Tito Rendas. € by Martin Senftleben. €

Copyright Law 64

Copyright Law Copyright Law Television 64

SpicyIP

MARCH 11, 2024

A Case of Reverse Passing Off: DHC Rules In Favour Of Western Digital On Trademark Infringement Recently, the DHC passed an ex-parte interim injunction order against Geonix, holding them prima facie liable for indulging in ‘reverse passing off’ by selling Western Digital’s hard disks as their own.

Trademark 59

Trademark Registration Copyright Patent 59

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. 7] Amazon Patent and Trademark Infringement, Smith & Hopen (2020), [link] (last visited Dec 8, 2022). [8]

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

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] These are the Copyright Act, 1957; Designs Act, 2000; The Geographical Indication Act of Goods Act, 1999; and the Trademark Act, 1999. 1), available at https :// euipo.europa.eu/tunnel-web/secure/webdav/guest/document_library/contentPdfs/law_and_practice/cdr_legal_basis/62002_cv_en.pdf

Artistic Work 45

Artistic Work Design Designs Copyright 45

Kluwer Copyright Blog

JUNE 9, 2021

On 4 June 202, the European Commission published its guidance on Article 17 of Directive 790/2019 on Copyright in the Digital Single Market (CDSM Directive). This is important because Article 5 of Directive 2001/29/EC (InfoSoc Directive) provides for these exceptions, but does not oblige Member States to implement them.

Copyright 52

Copyright Copyright Law Law Marketing 52

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

Celgene markets pamolidomide as a multiple myeloma drug under the brand name Pomalyst®. Mylan submitted an ANDA, seeking to market a generic version of pamolidomide. Bare allegations of cooperation and control are insufficient to state a claim against a would-be Hatch-Waxman defendant who did not sign or submit the ANDA. Case Synopsis.

Business 52

Business Brands Branding Branding 52

LexBlog IP

JULY 5, 2022

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. Additionally, remedies available for trade dress infringement are the same as trademark infringement. [24]. Scenario 2: Protecting Novel Designs by Patent. ” [8].

Intellectual Property 52

Intellectual Property Design Patent Design Designs 52

Technology & Marketing Law Blog

DECEMBER 13, 2023

2001), the court found that: if the promise [in a contract] amounts only to a promise to refrain from reproducing, performing, distributing or displaying the work, then the contract claim is preempted. Guest Blog Post) appeared first on Technology & Marketing Law Blog. In Wrench Ltd. Taco Bell Corp. , 3d 446 (6th Cir.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

The TTABlog

JANUARY 26, 2022

Although Applicant Integra's products have been commercially successful, it failed to prove that relevant consumers perceive the "Pastel Tints" as trademarks. The Board found Integra's evidence insufficient to meet its "heavy burden" to prove that consumers recognize the use of the Pastel Tints on insert racks as trademarks.

Advertising 40

Advertising Advertising Copying Trademark 40

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. The Copyright / Trademark Interface: How the Expansion of Trademark Protection Is Stifling Cultural Creativity. This judgment refers to a challenge brought by Public.Resource.Org, Inc. by Tito Rendas. €

Copyright Law 52

Copyright Law Copyright Law Art 52