Patently-O

APRIL 1, 2022

2001) (focus on whether misdescription “materially induce[s] a purchaser’s decision to buy”), quoting 2 McCarthy on Trademarks § 11:56 (2000). Royal Appliance Mfg. 3d 1357, 1361 (Fed. DolceVitaBrief. TTAB Decision. ” C.

Registration 78

Registration Trademark Trademark Law Branding 78

SpicyIP

JANUARY 20, 2024

Verma, another Indian professor from DU who was also the president of ATRIP (2001-2003), mentions this as starting in 1968 (as opposed to 1967) in a separate report on IP teaching in India. Moreover, as the 1987 report notes, IP litigation was very limited at that time, except for trademark law. But did it?)

Government 112

Government IP Intellectual Property Reporting 112

Garrigues Blog

JANUARY 25, 2023

If no oppositions are filed, the SPTO will check whether the trademark comes under any of the absolute grounds for refusal established in Trademarks Law 17/2001 (Trademarks Law). The processing of the application takes approximately six to twelve months. However, it can take longer.

Trademark 52

Trademark Registration Trademark Law Ownership 52

Garrigues Blog

FEBRUARY 5, 2024

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 Trademark Law, both in its original version and as modified by Directive 2015/2436.

Trademark 59

Trademark Trademark Law Advertising Advertising 59

LexBlog IP

SEPTEMBER 22, 2022

“The first step in determining whether an unregistered mark or name is entitled to the protection of the trademark laws is to categorize the name according to the nature of the term itself.” Platinum Fin. 3d 722, 727 (7th Cir. ” Int’l Kennel Club of Chi., Mighty Star, Inc., 2d 1079, 1085 (7th Cir. Tribune Co.,

Social Media 52

Social Media Advertising Advertising Trademark Law 52

The TTABlog

JANUARY 7, 2022

For example, in 1912 the Seventh Circuit found no infringement of the trademark BORDEN for milk by the use of BORDEN for ice cream because the goods were non-competitive. Case law in the early 20th century decisively rejected the earlier precedent. Borden Ice Cream Co v. Borden's Condensed Milk Co , 201 F. 510, 513 (7th Cir.

Registration 70

Registration Trademark Law Trademark Law 70

Garrigues Blog

NOVEMBER 15, 2021

A trademark is a distinctive sign which identifies the goods and services of a company, and differentiates them from those of competitors, whereas a trade name identifies a company operating in trade and serves to distinguish it from other companies carrying out identical or similar activities. In particular, article 7.1

Trademark 52

Trademark Intellectual Property Trademark Law Registration 52

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. However, there are still some grey areas clouding this issue.

Trademark 52

Trademark Trademark Law Television Registering Trademarks 52

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. MK, An analysis on Protection of film titles under Trademark Law , Surana & Surana (Dec.

Cinema 89

Cinema Copyright Blogging Registration 89

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. [Image Sources : Shutterstock] The Coca-Cola firm is the best illustration of how much intellectual property rights (IPRs) might be worth.

IP 85

IP Intellectual Property Trademark Designs 85

Garrigues Blog

APRIL 23, 2024

regarding the use of the ZARA trademark, as previously discussed here. This decision stems from the ruling issued by the Court of Justice of the European Union (CJEU) on January 11th, in response to a preliminary question ( Case C-361/22 ) raised by the Supreme Court in the proceedings between Inditex and Buongiorno Myalert, S.A.

Trademark 52

Trademark Advertising Advertising Trademark Law 52

SpicyIP

JANUARY 2, 2022

The suit concerned agreements dating back to 2001 between IPRS and ENIL regarding broadcasting music in certain cities. Google argued that even when the keyword is a trademark, it is never used in a ‘trademark sense’, thereby the invisible use of trademarks, as keyword, failing to meet the threshold to constitute infringement.

IP 143

IP Intellectual Property Copyright Trademark 143

LexBlog IP

AUGUST 30, 2023

1) He made this request on grounds including trademark law and unfair competition law. It held that taste cannot be characterised as a “work” under directive 2001/29 (DEC C- 310/2017 in T N P LAW). dishes and seasonings) as works of IP. (1)

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

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. 316 US 203] “the protection to trademark is the law’s recognition of the psychological functions of the symbols”.

Trademark 59

Trademark Branding Brands Branding 59

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.

Design 52

Design Designs Trademark Branding 52

SpicyIP

JUNE 13, 2024

2001) where the Court considered the potential for initial confusion sufficient for infringement. Underestimating the Persistent Relevance of Initial Confusion in Modern Trademark Law The Single Judge’s reasoning that initial confusion is transient and does not warrant protection seems misguided. Tandy Corp.,

Branding 56

Branding Brands Branding Marketing 56

Biswajit Sarkar Copyright Blog

JANUARY 19, 2022

Despite no separate law on the protection of domain name, Indian courts have, over the years, given protection under the trademark law. The Respondent had registered their own domain name as www.siffynet.com and www.siffynet.net in 2001 and was providing a similar service.

Registration 52

Registration Trademark Cinema Business 52

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. The European Union recognized the PDO in 2011 in an agreement between the European Union and Switzerland in 2011.

Design 40

Design Designs Branding Brands 40

IPilogue

OCTOBER 7, 2021

The court ultimately decided against the band because “Aboriginal rights are outside the scope of trademark law.”. Cases like this raise questions about the scope of intellectual property (IP) law in Canada. Trademark law in particular has the benefit of granting collective rights and can also provide perpetual protection.

IP 105

IP Intellectual Property Trademark Law Ownership 105

SpicyIP

JANUARY 30, 2024

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.,

Branding 116

Branding Branding Brands Social Media 116

Technology & Marketing Law Blog

MARCH 4, 2022

This provision of the federal trademark law 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 trademark law by preventing the unauthorized registration of a person’s name, signature, or image.

Registration 126

Registration Blogging Trademark Privacy 126

Patently-O

DECEMBER 12, 2021

4th 387, 404 (2001) (internal citations and quotation marks omitted). [18] Lemley, What the Right of Publicity Can Learn from Trademark Law , 58 Stan. Lee, Agents of Chaos: Judicial Confusion in Defining the Right of Publicity-Free Speech Interface , 23 Loy. 471, 500 (2003)). [16] 17] Comedy III Prods., Gary Saderup, Inc. ,

Registration 69

Registration Government Advertising Advertising 69