IP and Legal Filings

AUGUST 4, 2022

There are various important judgments, some stated below citing the role of deceptive similarity in infringement of trademarks in India. In this particular case, the most important issue lies within the major concept of deceptive similarity which has been discussed within the Trademarks Act, 1999. Concept of Deceptive Similarity.

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IPilogue

OCTOBER 7, 2021

In 1996, the Comox First Nation in British Columbia brought a claim against an Indigenous artist from a different tribe over the use of the trademark “Queneesh”, which had been used to describe the defendant’s art business. The court ultimately decided against the band because “Aboriginal rights are outside the scope of trademark law.”.

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Garrigues Blog

JANUARY 25, 2023

To register a trademark in Spain, an application must be filed at the Spanish Patents and Trademarks Office (SPTO). How does the registration process work? If everything is correct, the trademark is published in the Official Industrial Property Gazette (BOPI). How long does a Spanish trademark registration last?

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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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Kashishipr

AUGUST 2, 2021

The IP rights holders can either record their IP beforehand, enabling the Customs authority to suo motu monitor shipments and exclude, detain, seize, destroy, or dispose of the merchandise that it suspects to be counterfeit or infringing the recorded trademark; or make a complaint to the Customs authority under the domestic Customs legislation.

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SpicyIP

JULY 4, 2024

Image by storyset on Freepik The office of Controller General of Patents, Designs and Trademarks (CGPDTM) on July 2, has notified the 2025 Patent and Trademarks Agent Exams. The Trademark Agent Exam is likely to be held on January 04, 2025 and the Patent Agent Exam is likely to be held on January 5, 2025.

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LexBlog IP

JULY 12, 2021

What is the Supplemental Trademark Register, and how does it differ from the Principal Register? Officially called the “ Supplemental Register ,” it is one of two United States federal trademark registers. What is a Supplemental Register Trademark? Moving a Trademark From the Supplemental to the Principal Register.

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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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Intepat

JULY 14, 2021

The Delhi High Court already handles various IPR cases as a court of original civil jurisdiction, including civil claims for violation of trademarks, copyright, patents, and designs and writ petitions, revision petitions, and appeals. IP CASES PENDING BEFORE THE IPAB. CONCLUSION.

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SpicyIP

JUNE 12, 2023

Highlights of the Week Vistara: The Limitless Possibilities of (Trademark) Expansion Image from here Recently, a Division Bench of the DHC held that Vistara Home Appliances’ use of the Vistara trademark was in bad faith and likely to cause confusion among consumers. Gap settles Patagonia trademark lawsuit over pocket design.

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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.

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Garrigues Blog

NOVEMBER 15, 2021

Often, during scrutiny and examination of an intellectual property portfolio, trade names will be found among the trademarks. It is not uncommon when reviewing a client’s intellectual property portfolio to find distinctive signs which in Spain are protected by trade names rather than trademarks. In particular, article 7.1

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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.

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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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IP and Legal Filings

MARCH 28, 2024

V RGV Film Factory” [4] , the court rules that a movie title’s eligibility for trademark protection depends on its acquisition of secondary meanings and uniqueness. [5] These registrations aid in allocating precedence. MK, An analysis on Protection of film titles under Trademark Law , Surana & Surana (Dec.

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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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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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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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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.

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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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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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SpicyIP

AUGUST 4, 2024

It was held that the defendant’s use of the impugned mark was infringing upon the plaintiff’s trademark rights. The defendant applied for EVJPM which was opposed by the plaintiff and the defendant did not respond to the same abandoning the trademark application. The petitioner proved prior use by placing documents on record since 2001.

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43(B)log

AUGUST 18, 2021

29, 2021) This is part of a long-running trademark case, now over 10 years old. 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. Sturgis Motorcycle Rally, Inc. Rushmore Photo & Gifts, Inc.,

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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. The pharma industry too faces the issue of similar marks being branded and sold. vs. Cadia Pharmaceuticals Ltd.

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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. Their registration is for 10 years, extendable up to 5 years.

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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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The TTABlog

JUNE 13, 2022

The Board has re-designated as precedential its April 2001 decision dismissing an opposition to registration of the mark SPINTIRES for computer games and software. Trademark Rule 2.104(c), 37 C.F.R. Trademark Rule 2.107(b), 37 C.F.R. Opposer Saber Interactive alleged only one claim: nonownership. 2.107(b); see also O.C.

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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.

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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. As such, breeders can obtain patents, trademarks, and industrial designs that establish their ownership over legally approved new plant varieties. Image Source: Freepic].

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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. The statutory threshold for proving trademark dilution is pegged higher when compared to trademark infringement and passing off. The Trademark Reporter, Vol.

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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.

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The IP Law Blog

FEBRUARY 3, 2022

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. This protected designation was superseded by adoption of the Protected Designation of Origin (“PDO”) for GRUYÈRE in 2001.

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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.

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JIPL Online

FEBRUARY 25, 2021

4] Circular 56 Copyright Registration for Sound Recordings, [link] (last visited Feb. 3, 2001), [link]. [13] 19] Topic: Right of Publicity , International Trademark Association, [link]. 22, 2021). [2] 11, 2020), [link]. [3] 3] Keith Hatschek, Retaining your master rights is smart business , Disc Makers Blog (Apr. 7, 2021). [5]

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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. by Tito Rendas. €

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IIPRD

APRIL 3, 2024

These are the Copyright Act, 1957; Designs Act, 2000; The Geographical Indication Act of Goods Act, 1999; and the Trademark Act, 1999. 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. Tahiliani Design Pvt.

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LexBlog IP

FEBRUARY 3, 2022

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. First, trademark owners need to understand the seriousness of a trademark becoming generic.

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