This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
Initially, neither the 1992 Law on Trademarks, Service Marks and Designations of Origin , nor the 1992 Patent Law , had provided that putting patented or trademarked goods onto the market within Russia exhausted IP rights. For this reason, the Peppa Pig decision cannot serve as a judicial precedent.
The judgment made budget retailers realize the price they must pay for imitating established brands and stressed the virtue of originality in design, even within the lower end of the market. [3] The rulings, in turn, drove home that mere association is not sufficient to support a finding of trademark infringement or dilution.
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. [Image Sources : Shutterstock] The Coca-Cola firm is the best illustration of how much intellectual property rights (IPRs) might be worth.
regarding the use of the ZARA trademark. We will examine the impact of the ruling in cases involving the use of third-party trademarks. They claimed the lawfulness of such use under the limitations specified in Article 37 of the TrademarkLaw, both in its original version and as modified by Directive 2015/2436.
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.
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?
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.
1) He made this request on grounds including trademarklaw 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.
Despite no separate law on the protection of domain name, Indian courts have, over the years, given protection under the trademarklaw. The Respondent had registered their own domain name as www.siffynet.com and www.siffynet.net in 2001 and was providing a similar service. Hence, it gave the injunction. Descriptive Names.
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.
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.
2001) and the Parliamentary Standing Committee on Health and Family Welfare in its 59th report (2012) urged the Ministry of Health to put in place processes to prevent the use of names for drugs that are confusingly similar. The Supreme Court of India (in Cadila Health Care Ltd. vs Cadila Pharmaceuticals Ltd.,
This provision of the federal trademarklaw known as the Lanham Act is codified in 15 USC 1052.) Sections 2(a) and 2(c) both protect an individual’s right of privacy and right of publicity in trademarklaw by preventing the unauthorized registration of a person’s name, signature, or image.
4th 387, 404 (2001) (internal citations and quotation marks omitted). [18] Lemley, What the Right of Publicity Can Learn from TrademarkLaw , 58 Stan. 22] TRUMP TOO SMALL passes this test because it is commentary on TRUMP, not a disguised advertisement that is merely incidental to Donald Trump. 471, 500 (2003)). [16]
We organize all of the trending information in your field so you don't have to. Join 9,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content