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. In the case of UST Global (Singapore) Pte. 1] AID No. 2 OF 2019

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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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SpicyIP

AUGUST 16, 2023

On July 5, the Delhi High Court dismissed an appeal by PepsiCo India Holdings against an order passed by the Protection of Plant Varieties and Farmers’ Rights Authority in 2021, thereby effectively revoking Pepsico’s registration of the FL 2027 potato variety. a group company of Pepsi Inc.

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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. Registered participants will be emailed the joining instructions the day before the conference.

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IPilogue

OCTOBER 7, 2021

High costs and complex processes that are often associated with the registration, renewal, or enforcement of IP protection often serve as barriers for Indigenous peoples seeking to use the formal IP system. 1] Erica-Irene Daes, “Intellectual Property and Indigenous Peoples” (2001) 95 Am Socy Intl Proc 143 at 183. [2]

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Above the Fold

MAY 27, 2021

s registration for the trade dress of a gun barrel (as shown below) on grounds of de jure functionality under Section 2(e)(5). 23, 58 USPQ2d 1001, 1006 (2001) (quoting Inwood Labs., In view of this analysis the TTAB cancelled the Registration under Section 2(e)(5). Opinion, at p. 37 (citing TrafFix Devices, Inc. 10 (1982))].

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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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SpicyIP

AUGUST 2, 2021

India’s Accession to the Locarno Agreement: Amendments to the Design Rules, 2001 & Other Impacts. India formally acceded to the Locarno Agreement on June 7, 2019, and subsequently, the Design Rules, 2001 were amended in January 2021.

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IP and Legal Filings

MARCH 9, 2022

Is Copyright registration mandated in India? The registration is not treated as a prerequisite to acquiring the copyright of any literary work. Notwithstanding this mandating step, the Copyright Act provides the registration procedure, which unlike the U.S. 483 (2001) ). Tasini Case ( New York Times Co. Tasini, 533 U.S.

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Intepat

JULY 14, 2021

IP CASES PENDING BEFORE THE IPAB. Until date, no public data on the number and status of cases transferred from the IPAB to each High Court was accessible.

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Velocity of Content

SEPTEMBER 2, 2021

In the second , I looked at the group registration procedures – recently made available by the US Copyright Office – which are specifically useful to bloggers and to managers of blog sites. Be that as it may, our focus so far has been on the benefits of copyright – specifically copyright registration – for digital content creators.

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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).

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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.”

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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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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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SpicyIP

JANUARY 2, 2022

The suit concerned agreements dating back to 2001 between IPRS and ENIL regarding broadcasting music in certain cities. In this case, the Bombay High Court ruled that registration of copyright is not mandatory for obtaining relief in an infringement action. Durga Trading Corporation was clarified in this case. In Dhiraj Dewani v.

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Kashishipr

AUGUST 2, 2021

A Unique Temporary Registration Number (UTRN) is generated on filing the online application. After approval of the application for recordation by the Commissioner of Customs, the UTRN will be converted to UPRN (Unique Permanent Registration Number), and the said UPRN would be issued, which confirms the recordation.

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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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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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Corsearch

AUGUST 18, 2021

27 trillion and has seen exponential growth over the last twenty years , when it was valued at some $ 390 billion in 2001. As of 20 20 , the total global pharmaceutical market was valued at about $ 1. Market value is expected to exceed $2.1 trillion by 202 7.

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The TTABlog

JULY 5, 2023

The Board rendered a split decision in this opposition to registration of the mark EVOGUE for a wide variety of consumer electronic devices and accessories, tossing out Opposer Advance Magazine's Section 2(d) claim but partly upholding its dilution claim, based on the registered mark VOGUE for, inter alia , magazines and mobile phone software.

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The TTABlog

JANUARY 7, 2022

Thomas McCarthy has provided to me his comments on the CAFC's October 27, 2021 decision in the Brooklyn Brewery case, in which the appellate court largely affirmed the TTAB's denial of Plaintiff Brooklyn Brewery's petition for cancellation of a registration for the mark BROOKLYN BREW SHOP (in standard form) for beer-making kits. 2d 1778 (Fed.

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The IPKat

AUGUST 6, 2021

A while back, Kat readers may recall that the Oscar Academy logo (featuring the Oscar statue silhouette) was denied copyright registration. The CJEU interpreted the provisions of the Medicines Directive 2001/83/EC concerning the competence of Member States when issuing marketing authorisations.

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Garrigues Blog

JANUARY 25, 2023

How does the registration process work? Once the examination period is over, the opposition period begins, consisting of a two-month term during which third parties may submit observations or oppose the registration of the application. How long does a Spanish trademark registration last?

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Trademark Registration Trademark Law Ownership 52

Patently-O

JULY 13, 2021

2001) (citing Gorham Co. First to Disclose : Two of the references were Chinese Design Registrations filed and published a couple of months before Zhang’s filing date. Door-Master Corp. Yorktowne Inc. , 3d 1308 (Fed. White , 81 U.S. 511 (1871)).

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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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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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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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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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SpicyIP

JUNE 12, 2023

Calcutta High Court clarifies that a civil court does not have jurisdiction to determine the validity of registration granted under the Plant Varieties Act. Case: Pan Seeds Pvt. Ramnagar Seeds Farm Pvt. The court reached this understanding after a combined reading of Section 28 and Section 89 of the Act.

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The IPKat

JUNE 25, 2023

The defendant, an unidentified producer from that region, owns a pepper company called Biperduna, in operation since 2001. Such use may certainly qualify as “any direct or indirect commercial use […] in respect of products not covered by the registration” of the GI (Art. So what happened earlier? 13(1)(a) Regulation (EU) 1151/2012).

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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.

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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.

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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. PLANT VARIETY PROTECTION.

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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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SpicyIP

JANUARY 14, 2024

Recently, the Delhi High Court clarified that the distinctness, uniformity and stability (DUS) testing is a must before a plant variety registration application can be advertised by the Plant Varieties and Farmers’ Rights Authority. SpicyIP Intern Veda Chawla discusses this order. Vedika is a third-year B.A.LL.B. But what is DUS testing?

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Biswajit Sarkar Copyright Blog

FEBRUARY 16, 2022

In consonance with the UPOV, the Indian Parliament had enacted the Protection of Plant Varieties And Farmers Right Act, 2001 which I will discuss later. Plant Varieties And Farmers Right Act, 2001. Apart from the Biodiversity Act , the Indian Parliament had also passed the Protection of Plant Varieties And Farmers Right Act, 2001.

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