Technology & Marketing Law Blog

DECEMBER 11, 2023

MSCHF has frequently targeted major brands. 2d 410, 414-415 (SDNY 2002)) that the Supreme Court expressly used to “offer as one last example” of “a case with a striking resemblance” in which the Rogers test was cabined. Unlike the defendant in Jack Daniel’s , MSCHF, at least amongst its relevant consumers, has a valuable brand.

Blogging 130

Blogging Trademark Brands Branding 130

SpicyIP

JULY 13, 2021

In the soap war between HUL and Sebamed, Sebamed released an advertisement comparing an HUL branded soap with RIN detergent stating that HUL’s soap’s pH values are similar to that of RIN. To substantiate, for e.g., currently the law only allows brands selling yogurts to compare their and rival yogurt’s features. Sangita Sharma.

Advertising 105

Advertising Advertising Brands Branding 105

SpicyIP

MARCH 9, 2025

Subodh Chachra Proprietor Of M/S Expose vs V2 Promoters Pvt Ltd on 3 March, 2025 (Delhi District Court) the plaintiff, owner of the trademark “X’POSE” for apparel, sued the defendant for infringing and passing off its brand name in the hospitality sector through “XPOSE LOUNGE.” Citing Jaisuryas Retail Ventures v.

Trademark 59

Trademark Patent Copyright Patent Application 59

Intepat

MAY 16, 2023

If the property of a person can be protected, likewise, when a popular celebrity like Amitabh Bachchan faces possible harm regarding his brand, the same can be protected under his right to publicity. Additionally, there are provisions that accord protection to publicity rights under the Constitution of India, and the Competition Act, 2002.

Branding 98

Branding Brands Branding Personality Rights 98

IP and Legal Filings

DECEMBER 18, 2022

Trademark represents the reputation and goodwill of the brand or company and gives its owner exclusive right to use the mark. pronounced “Exactly”), the brand Exactly Corp. The plaintiff manufactured and market it under the trade mark AZIWOK. In evaluating claim of market reputation. certification mark etc.

Trademark 98

Trademark Registration Intellectual Property Branding 98

Indiana Intellectual Property Law

AUGUST 9, 2021

Hammond, Indiana – Monster Energy Company (“Monster”), the Plaintiff, claims to be a nationwide leader in marketing and selling ready-to-drink beverages. Apparently, Monster launched its MONSTER ENERGY® drink brand including its ® mark (the “Claw Icon”) in 2002. Since 2002, Monster asserts it has spent over $8.5

Cease and Desist 52

Cease and Desist Trademark Brands Branding 52

SpicyIP

JULY 14, 2021

Olfactory marketing is not only employed by restaurants for their food, but is also often utilized in supplementing branding because just like a logo, it helps the consumer identify the experience associated with a service or product. Deutsches Patent und Markenant.

Trademark 126

Trademark Registration Marketing Marketing 126

SpicyIP

SEPTEMBER 16, 2024

CIPL) from infringing the French brand Lacoste’s iconic “Crocodile” device. A Prolonged Struggle for Device Supremacy Dating back to the early decades of the 20th century, with the cropping up of the two fashion brands, the dispute primarily revolved around the rights of the parties vested in the impugned mark.

Trademark 81

Trademark Brands Branding Branding 81

Technology & Marketing Law Blog

DECEMBER 28, 2021

But its website markets ads, merchandise, and ad-free experiences to all comers. The majority says this case is easily resolved by its 2002 Revell precedent (a progeny of the legendary, and legendarily bad, 1997 Zippo precedent ): Our decision in Revell requires dismissal. He sued HuffPost in Texas. But that doesn’t matter.

Advertising 145

Advertising Advertising Blogging Marketing 145

SpicyIP

DECEMBER 2, 2024

Bournvita’s Sugar Rush Against ‘FoodPharmer’: An Unreasoned Injunction and a Clarification Without Clarity Recently, the DHC passed an interim injunction against the social media influencer ‘Food Pharmer,’ restraining him from disparaging Mondelez’s ‘Bournvita’ and ‘Tang’ branded products.

Invention 52

Invention Trademark Reporting Editing 52

LexBlog IP

AUGUST 30, 2023

Background Amgen produces and markets apremilast, a medication for the treatment of certain types of psoriasis and psoriatic arthritis, under the brand name Otezla. Sandoz submitted an Abbreviated New Drug Application (ANDA) seeking approval to market a generic version of apremilast. Holding(s) No.

Art 52

Art Patent Inventor Marketing 52

SpicyIP

AUGUST 23, 2024

Image from here Traditional Knowledge in Patents: Need for Clarity and Interpretation By Vishno Sudheendra and Kevin Preji The MHC in a recent judgment, in M/s.The Zero Brand Zone Pvt. The Judgment M/s.The Zero Brand Zone Pvt. Their previous posts can be accessed here and here.

Patent 105

Patent Invention Patent Application Art 105

The IPKat

MARCH 24, 2024

Brands like Rolex, Patek Philippe and Audemars Piguet hold rich trade mark and design portfolios and enforce their rights vigorously. Horology is however a market steeped in history with its own unwritten rules and customs. A recent trend in this field is the customization or personalization of luxury timepieces, or “modding”.

IP 72

IP Marketing Marketing Reporting 72

SpicyIP

OCTOBER 27, 2022

Mahindra & Mahindra ltd , (2002) 2 SCC 147 and Kirloskar Diesel v. For instance, the three stripes of Adidas inscribed on a clothing immediately connects it to the world-famous brand. Hence, when viewed relative to the market size, there arises a genuine doubt about whether 82,000 ratings, 10,000 reviews (which comes to 0.3

Brands 105

Brands Branding Branding Business 105

IIPRD

SEPTEMBER 30, 2021

The major impact that IP is making in the market is unfathomable. Some facts were: In the US, nearly 40% of the market value of an average company is absent from its balance sheet. In 2002, Korea exported technology worth US$0.6 Since 2002 Korea has increased its R&D expenditure from 2.6% of GDP in 1998 to 3.4%

IP 52

IP Licensing Intellectual Property Marketing 52

IP and Legal Filings

MAY 17, 2024

In this technologically advanced age, success or failure of a business depends heavily on the marketing strategies that have been adopted. A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. 893 of 2002 (Del) (India). [2] 2] CS (COMM) 819 of 2022.

Personality Rights 97

Personality Rights Intellectual Property Social Media Intellectual Property Law 97

Patently-O

APRIL 21, 2023

Amgen markets apremilast, a phosphodiesterase-4 (“PDE4”) inhibitor, which is used for treating psoriasis and related conditions, under the brand name Otezla® which is covered by three patents, U.S. Sandoz submitted an Abbreviated New Drug Application (“ANDA”) seeking approval market a generic version of apremilast.

Art 69

Art Patent Inventor Marketing 69

IP and Legal Filings

AUGUST 12, 2024

It means the products created by the use of the human mind as well as some resultant inventions, literary works, original designs, and the identities of various trademarks or logos that serve as brands in the market. for new “lines and grains” of “Basmati” rice as a brand name while its headquarters located in Alvin, Texas.

Intellectual Property 52

Intellectual Property Marketing Marketing Brands 52

IP and Legal Filings

AUGUST 29, 2023

But linguistic wordsare often very common and if used exclusively, will be incapable of distinguishing a particular brand from another, in addition tobeing hit by the provision of Section 9(1)(b) of Trade Marks Act, 1999. showed that the term had acquired distinctiveness through its consistent use in the market for shaving products.

Trademark 98

Trademark Trademark Law Law Advertising 98

SpicyIP

SEPTEMBER 16, 2024

Moving on, the Court found significant similarities between the labels, including the numeral “6000,” color schemes, and design elements, which could lead to confusion in the market. For clarity, it is important to know that Rule 9 of the MP Foreign Liquor Rules focuses on the registration of labels.

Trademark Law 81

Trademark Law Intellectual Property Registration IP 81

The IPKat

OCTOBER 19, 2022

As a reminder to brand owners looking to enter the China market, SpecialKat Tian Lu considered in her post how powerful the Chinese language integrity point can be. Copyright One of the main principles of the Berne Convention is that of national treatment. An equivalent provision is also included in the Design Directive 98/71/EC.

Designs 69

Designs Design Reporting Registration 69

Canadian Intellectual Property Blog

OCTOBER 14, 2020

It has been almost two years since the federal legalization of cannabis, and Canada’s legal cannabis market is quickly blossoming into a massive industry. The market is constantly growing with many US states (e.g., Market research predicts that the global legal cannabis market could reach CAD $100 billion by 2027 [1].

Intellectual Property 52

Intellectual Property Intellectual Property Law Designs Design 52

Kashishipr

AUGUST 24, 2022

By establishing a brand name, a service provider in the hospitality industry can benefit from having many customers and build a good reputation. A trademark refers to any mark capable of being represented graphically, identifying the products or services of one and distinguishing them from those of others in the market.

Trademark 52

Trademark Brands Branding Branding 52

IP and Legal Filings

NOVEMBER 21, 2022

To create global consumer interference along with the profit from it, is now the primary objective of majority of the markets. In our country, securities market is basically run and controlled by SEBI i.e. The Securities and Exchange Board of India. Competition Act, 2002. Gaining access to new markets. Case Study.

Business 52

Business Marketing Marketing Ownership 52

SpicyIP

FEBRUARY 24, 2023

Second, Toyota tried to argue that owing to the transborder reputation, there is a spillover effect of ‘Alphard’ in the Indian markets and relied on MAC Personal Care and Keller Williams Realty to substantiate its arguments.

Registration 75

Registration Intellectual Property Law Trademark Brands 75

The IPKat

SEPTEMBER 30, 2024

The "Easy" group is famously protective of its trade marks, and does not shy away from suing other companies using "easy"-formative brands. The aim is to allow proprietors to adapt their marks in accordance with marketing and promotional requirements. Easylive" was said to be " adjectival in nature.

Advertising 69

Advertising Advertising Registration Brands 69

IIPRD

MARCH 17, 2023

Subsequently, the healthcare sector has gained precedence and command over the market. The global nutraceutical market (including functional food, functional beverages, and dietary supplements) is anticipated to grow by 7.5% (CAGR) between 2022 and 2027, in which the United State market share is considered to be the biggest.

IP 52

IP Intellectual Property Marketing Marketing 52

IIPRD

NOVEMBER 14, 2023

of the population of India having ingress to the world wide web and ever growing e-commerce market which is forecasted to reach about twenty billion euros by 2030, it becomes pertinent to analyse the interconnect between these two. [1] Interplay Between Intellectual Property and E-commerce With 48.7%

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

IIPRD

FEBRUARY 13, 2023

Introduction Intellectual property is anything created by the human mind, including ideas, innovations, industrial models, trademarks, songs, symbols, names, brands, etc. IPR protection permits the inventor, brand owner, patent holder, and copyright holder to benefit from his/her effort, and investment.

Intellectual Property 52

Intellectual Property Technology Government Inventor 52

IIPRD

SEPTEMBER 28, 2022

The pronounced reason for IPRs is to animate development, by giving higher monetary returns than the market in any case might offer. Though IPRs like copyrights , licenses, and brand names are extremely old, the expansion of IPRs to living substances and orderly information/advances happened exclusively relatively as of late.

Intellectual Property 52

Intellectual Property Business Licensing Intellectual Property Law 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. Doing this was regarded as essential to avoid stifling local industry and balance global brand reputation with the interests of national enterprises and consumers. Meticulous Market Research Pvt.

IP 124

IP Copyright Trademark Intellectual Property 124

IIPRD

APRIL 3, 2024

Introduction The Indian fashion market is pegged at an impressive value of $50 billion, out of which 10% consists of international luxury brands. [1] Varsity Brands, Inc. , European Union, COUNCIL REGULATION (EC) No 6/2002 of 12 December 2001 on Community designs (OJ EC No L 3 of 5.1.2002, p.

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Artistic Work Designs Design Copyright 45

The TTABlog

AUGUST 30, 2023

SS Vape Brands, Inc. That both parties market and sell their products through the Internet is unpersuasive. The vape/smoke shops offer Opposer’s MONSTER and MONSTER ENERGY beverages in coolers displaying third-party brand names (e.g., Monster Energy Company v. Opposition No. Nor did opposer prove an overlap in trade channels.

Design 45

Design Designs Brands Branding 45

SpicyIP

MAY 15, 2023

Recently, tech brands Rario and Striker found themselves in a tussle over the exclusive right to use images and names of famous cricket players on their respective Online Fantasy Sports Platform. Case: Holyland Marketing Pvt. Single Judge, the court restrained Brompton and its associates from using the YSL marks. Case: Atmabodh v.

Trademark 104

Trademark Registration Cease and Desist IP 104

IIPRD

FEBRUARY 23, 2021

Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention. The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. Objective 5.11.1

IP 40

IP Intellectual Property Business Brands 40

LexBlog IP

MAY 3, 2022

The defendant, a Chinese chocolate maker, used a similar packaging design to produce and sell TRESOR DORE branded chocolates, which the SPC held were likely to cause consumer confusion. Ferrero’s Products. Montresor’s Products.

Designs 52

Designs Design Trademark Intellectual Property 52

The TTABlog

APRIL 6, 2022

Illyrian Import claimed to be the exclusive authorized distributor and brand agent of a company ("GKS") that continuously sold GJERGJ KASTRIOTI SKËNDERBEU and SKËNDERBEU brandy in the United States since 2002. Priority: Applicant ADOL proved that it first used the subject marks in the United States in April 2004. ADOL owns a U.S.

Ownership 52

Ownership Registration Trademark Contracts 52