The IPKat

SEPTEMBER 30, 2024

EasyGroup, on the other hand, relied on certain registrations which it acquired from a third party as part of a settlement following another(!) The aim is to allow proprietors to adapt their marks in accordance with marketing and promotional requirements. The Court disagreed.

Advertising 68

Advertising Advertising Registration Branding 68

SpicyIP

MARCH 9, 2025

There is no registration fee for any of the seminars. Though he applied in 1992, registration was granted only in 2020. Later, he discovered the trademark had expired since 2002 without prior notice, violating Rule 58(3) of the Trade Marks Rules, 2017. Read the post for more details. Citing Jaisuryas Retail Ventures v.

Trademark 59

Trademark Patent Copyright Patent Application 59

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.

Registration 40

Registration Trademark Ownership Advertising 40

43(B)log

SEPTEMBER 11, 2023

Because the plaintiff doesn’t own the relevant registration, its §32 claims fail, but the court allows §43(a) claims to proceed, partially reversing the district court’s grant of summary judgment—but read on for more on what that might look like. Assignments before registration need not be in writing, but the evidence must be clear. “[R]equiring

Advertising 69

Advertising Advertising Marketing Marketing 69

Intepat

NOVEMBER 14, 2022

” The system of trademark classification eases the process of registration of a trademark. Thus, it gives the trademark registration process a definite structure. The Fourth Schedule to the Trademark Rules, 2002, lays down the different trademark classes. NICE Classification ). & Ors , it was held that.

Trademark 98

Trademark Registering Trademarks Registration Music 98

Kashishipr

AUGUST 24, 2022

Class 35 – Dealing with office functions, advertising, business administration, and business management. The Indian Hotels Company Limited filed a Trademark Application for the Taj Mahal Palace Hotel in Mumbai and obtained its registration. Class 25 – Dealing with headgear, footwear, and clothing.

Trademark 52

Trademark Branding Branding Brands 52

SpicyIP

FEBRUARY 19, 2024

Case Summaries Hmd Mobile India Private Limited vs Mr Rajan Aggarwal & Anr on 9 February, 2024 (Delhi HC) image from here The Plaintiff had filed a petition under Section 50 of the Copyright Act, 1957 for expunging the copyright registration against the Defendant.

Invention 105

Invention Music Art Patent Application 105

SpicyIP

OCTOBER 30, 2023

The article analyses Sumitomo’s application and the requisites for registration of an olfactory mark. A Brief About Olfactory Marks Sumitomo’s application is particularly interesting because this was the first olfactory trademark registration in the UK (see here ) and has since lapsed.

Registration 52

Registration Trademark Intellectual Property Law Intellectual Property 52

The IPKat

NOVEMBER 27, 2023

Background On 12 April 2022 Paredes Holding Center SL (the Applicant) filed an application for the EU registration of the position trade mark no. The average consumer of this type of product is accustomed to this type of position trade marks and, in principle, can be guided by them when purchasing the product ( R 938/2000 , R 813/2002-1 ).

Television 74

Television Branding Branding Brands 74

The IPKat

OCTOBER 31, 2024

Background “Nürnberger Rostbratwürste” (literally, “Nurember grilled sausage”) is a PGI from Germany, registered in 2002. registration documents), this is a PGI for a “7-9 cm long sausage”. According to the product specifications (i.e. 13(1)(b), now Art. 13(1)(c), now Art. 13(1)(d), now Art.

Art 52

Art Advertising Advertising Litigation 52

SpicyIP

SEPTEMBER 16, 2024

Effectively, the Court has permanently restrained CIPL’s use of the mark through manufacturing, selling, offering for sale or advertising the products on which it was affixed. This mark consists of a device featuring the crocodile/saurian logo, of which both claimed to be the prior adopters across multiple countries.

Trademark 81

Trademark Branding Branding Brands 81

The IPKat

APRIL 26, 2023

4(1), 7 of Regulation 6/2002 , ‘Design Regulation’). Further, an incorrect date could constitute misleading advertising under Art. A Registered Community Design (‘RCD’) enjoys protection only if it is new and has individual character vis-à-vis designs disclosed prior to its filing or priority date ( Art. 7(1) Design Regulation ).

Designs 59

Designs Design Art Intellectual Property 59

The TTABlog

AUGUST 2, 2021

For only the second time since the CAFC's 2009 decision in In re Bose , the Board upheld a claim of fraud, ordering cancellation of a registration for the mark FUJIIRYOKI for massage chairs. William Shen, the CEO of Respondent ACIGI, filed the underlying application and then assigned the registration to ACIGI soon after issuance.

Registration 40

Registration Ownership Licensing Trademark 40

IP and Legal Filings

AUGUST 14, 2023

The theory of Territoriality states that since disputes relating to the registration and validity of intellectual property rights are typically considered to fall under the exclusive jurisdiction of the State in which such registration was applied for, the choice of law should favour that State. Will there be no remedy at all?

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

The TTABlog

AUGUST 30, 2023

There was no evidence of third-party use or registration by any company using the same mark to identify energy drinks or other beverages and e-liquids, and no evidence of any third party manufacturing both energy drinks and e-liquids with different marks. [Is this an end-run around the family-of-marks issue? -

Design 45

Design Designs Branding Branding 45

IIPRD

FEBRUARY 23, 2021

Instances of companies using IP as collateral during times of distress are as follows: Xerox pledged its Patents as collateral due to problems faced concerning financial fraud and certain distress in 2002. The National IPR Policy of 2016 has resulted in increasing IP registration since its inception.

IP 40

IP Intellectual Property Business Branding 40

Intepat

MAY 16, 2023

The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks. 14 provides that if anyone files an application for the registration of a trademark, the consent of the living person must be taken and it should not be falsely or fraudulently obtained.

Brands 98

Brands Branding Branding Personality Rights 98

IPilogue

JANUARY 14, 2022

The Supreme Court of Canada last considered the definition of “inventor” in 2002, but has yet to consider whether it would include non-human entities. common law) trademarks recognized under the Trademarks Act may appear on public signs, posters, and commercial advertising in Quebec, in languages exclusively other than French.

IP 105

IP Copyright Infringement Inventor Intellectual Property 105

SpicyIP

MARCH 13, 2023

Highlights of the Week Learning from India’s Disastrous Experience in Protecting Itself against Biopiracy In light of the upcoming WIPO Diplomatic Conference on Genetic Resources and Traditional Knowledge, Prashant Reddy brings us a post highlighting India’s sub-par experience with its own Biological Diversity Act, 2002.

Intellectual Property Law 119

Intellectual Property Law Intellectual Property Trademark IP 119

IP Whiteboard

NOVEMBER 19, 2020

In Australia, Manolo Blahnik owns a number of trade mark registrations including: Reg No. 02 Jul 2002. 22 Oct 2002. Trade mark. Priority date. Goods and services. MANOLO BLAHNIK. 29 Apr 1992. Class 25: Footwear in this class. 04 Aug 1995. Class 25: Footwear. 04 Aug 2995. 1156524.

Branding 52

Branding Branding Brands Designs 52

SpicyIP

DECEMBER 30, 2023

CCI , the Delhi High Court held that Chapter XVI of the Patents Act is a complete code in itself and overrides the Competition Act, 2002. Tech Square which was passed against a cancellation petition filed by Toyota against the registration of “Alphard” by Tech Square. Setting aside the Single Judge orders in Ericsson v.

IP 124

IP Copyright Trademark Intellectual Property 124

IP and Legal Filings

FEBRUARY 20, 2025

When a trademark is used to produce high-quality services, provide consistent and positive customer service, advertise effectively, and provide high-quality goods and services, it becomes a brand. 1] [link] [2] [link] [3] Competition Act, 2002 S.4 4 [4] Competition Act, 2002 S.3(1) 9(a) and (c).

Brands 59

Brands Branding Branding Marketing 59

43(B)log

FEBRUARY 28, 2025

26, 2025) Pepperdine sued Netflix for Lanham Act trademark infringement, contributory infringement, dilution, false advertising, and coordinate state claims based on Netflixs Running Point series, which depicts a team known as the Waves. 3d 894 (2002) (Barbie Girl) and University of Ala. MCA Records, Inc., of Trustees v. Warner Bros.

False Advertising 52

False Advertising Social Media Television Art 52

43(B)log

AUGUST 11, 2021

Matt Sag: What looks like an increase over time may be an artifact of the way cases became available on WL post-2002 or so. Not all innovations are good or desirable: innovative advertising may target consumers in vulnerable positions; innovative branding can be employed for discriminatory/racist ad targeting.

Trademark 72

Trademark Copyright Branding Branding 72