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.

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Trademark Trademark Law Advertising Advertising 59

Garrigues Blog

JANUARY 25, 2023

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

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Trademark Registration Trademark Law Ownership 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. What are trademark owners’ rights in this case?

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Trademark Trademark Law Television Registering Trademarks 52

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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Trademark Intellectual Property Trademark Law Registration 52

Garrigues Blog

APRIL 23, 2024

The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. regarding the use of the ZARA trademark, as previously discussed here.

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Trademark Advertising Advertising Trademark Law 52

Patently-O

APRIL 1, 2022

This is a pending trademark case involving the mark CLEAR that Dolce Vita uses on their shoes. The USPTO expected the shoes to be transparent and so refused to register the trademark because it was deceptively misdescriptive. In re Dolce Vita Footwear (Fed. Royal Appliance Mfg. 3d 1357, 1361 (Fed. DolceVitaBrief. TTAB Decision.

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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 TTABlog

JANUARY 7, 2022

The court said that although Article III constitutional standing is not required to assert a confusion-based opposition or cancellation claim in the Trademark Trial and Appeal Board, it is required to appeal or assert such a claim in a court. Borden Ice Cream Co v. Borden's Condensed Milk Co , 201 F. 510, 513 (7th Cir. 2d 1778 (Fed.

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Registration Trademark Law Trademark Law 70

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.,

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Social Media Advertising Advertising Trademark 52

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] MK, An analysis on Protection of film titles under Trademark Law , Surana & Surana (Dec. 20, 2023) [link] [10] Arbaaz Khan Production (P) Ltd.

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Cinema Copyright Blogging Registration 98

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?)

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Government IP Intellectual Property Reporting 112

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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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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Designs Design Trademark Brands 52

LexBlog IP

AUGUST 30, 2023

1) He made this request on grounds including trademark law and unfair competition law. The request was based on IP provisions as well as trademark 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).

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Intellectual Property Moral Rights Related Rights Art 52

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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Registration Trademark Cinema Business 52

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? Tandy Corp.,

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Brands Branding Branding Marketing 56

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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Design Designs Brands Branding 40

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. 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.

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Fair Use Trademark Copyright Editing 52

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. The suit concerned agreements dating back to 2001 between IPRS and ENIL regarding broadcasting music in certain cities. Cipla Ltd [Madras High Court].

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IP Intellectual Property Trademark Copyright 143

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.,

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Brands Branding Branding 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.

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Registration Blogging Trademark Privacy 126

Patently-O

DECEMBER 12, 2021

Can you register a famous person’s name as your trademark without their consent? Patent and Trademark Office interprets this to mean no, never, no matter what. 4th 387, 404 (2001) (internal citations and quotation marks omitted). [18] Lemley, What the Right of Publicity Can Learn from Trademark Law , 58 Stan.

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Registration Government Advertising Advertising 69