IP and Legal Filings

OCTOBER 18, 2023

Introduction Incorporating a novel focus on the digital market environment, the Competition Amendment Act, 2023 stands out as one of the most momentous changes made to the Competition Act of 2002 in the last two decades. The modifications intend to modify the 2002 Competition Act. This promotes transparency and teamwork.

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IP and Legal Filings

JANUARY 5, 2023

To profit on the reputation of another brand, competitors began copying marks or acquiring deceptively similar trade marks with a desire to obtain the goodwill of well-known marks. The ‘Cycle’ brand is registered under various classes which include food products and incense sticks, dhoop, hair oil, etc.

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IP and Legal Filings

JANUARY 30, 2023

It will enable the metaverse to run smoothly without any brand abusing and illegal copying of the existing IP owners. Google Scholar] New Delhi: Department of Scientific and Industrial Research, Government of India; 2002. New York: Longman; 2002. The Trademarks Act 1999 along with trade Marks Rules 2002. The Design Act.

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The IPKat

SEPTEMBER 15, 2022

Another crucial change is abolishing the national regime of exhaustion of IP rights for certain goods and brands. The list includes such well-known brands as Apple, HP, Panasonic, Siemens, Tesla, and Volkswagen. The list includes such well-known brands as Apple, HP, Panasonic, Siemens, Tesla, and Volkswagen.

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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.

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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.

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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.

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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.

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Indiana Intellectual Property Law

AUGUST 9, 2021

Apparently, Monster launched its MONSTER ENERGY® drink brand including its ® mark (the “Claw Icon”) in 2002. Apparently realizing the importance of its brand, Monster owns at least fourteen federal trademark registrations that include the Claw Icon in various classes of goods and services (the “Asserted Marks”).

Cease and Desist 52

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The IPKat

MARCH 11, 2024

Celebrities are often invited to collaborate to the creation of specific products, or even find themselves at the helm of a brand's artistic direction. Van Hilst BV applied to the EUIPO for a declaration of invalidity of the Community design based on Article 25(1)(b) of Regulation No 6/2002. Handelsmaatschappij J.

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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. In 2002, the defendant started using trade mark ‘AZIWIN; in the market for the azithromycin tablets. certification mark etc.

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IP and Legal Filings

FEBRUARY 6, 2023

Moreover, the name earned by the brand helped it in establishing 81 retail outlets overall at different locations such as New Delhi, Pune, Noida, Bangalore, and Mumbai, and registered several trademarks for the brand of ‘THEOBROMA’ and for its different variants. Over time, it gained a good reputation and earned popularity.

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IP and Legal Filings

JULY 26, 2021

With more brands, there are chances of more counterfeiting goods that need effective coordination with different authorities helping them to streamline coordination. This will help them in their awareness and help them in equipping them with their cost-effective brand management techniques.

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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. Did the ’515 provisional application provide necessary written description support to entitle the ’101 patent to a March 2002 priority date? Holding(s) No.

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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.

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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. years is actually sufficient to form a strong brand value. Kirloskar Proprietary , 1995 SCC OnLine Bom 312). Likelihood of Confusion.

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Garrigues Blog

APRIL 27, 2021

We should therefore reflect on the importance of designs in the past, present and future of our society in general, and on business activity in particular, where it undoubtedly offers a competitive edge in improving the appearance and function of products, contributing to innovation and the positioning of brands.

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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.

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SpicyIP

FEBRUARY 19, 2024

on 9 February, 2024 (Delhi High Court) The key issue was whether the time limit for filing evidence in Opposition proceedings before the Trade Marks Registry, specifically the “two plus one month” aggregate three months’ period under the 2002 Rules, is mandatory or merely a guideline. . & Anr. The appeal was allowed.

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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. Hotels and restaurants must get their brand names and logos registered as trademarks for the ease of operating a business in India. For more visit: [link].

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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.

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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.

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The IPKat

NOVEMBER 27, 2023

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 ). The public has become accustomed to identifying a particular brand of running shoe or sports shirt based solely on a distinctive sign.

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IIPRD

SEPTEMBER 30, 2021

In 2002, Korea exported technology worth US$0.6 Since 2002 Korea has increased its R&D expenditure from 2.6% cola brand is estimated to be worth US$80 billion. core technologies, which otherwise would have remained ([link]. In Europe, 36% of patents are not used. billion and imported technology worth US$2.7

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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. Trademarks must have a distinguishing capacity and must be ‘distinctive’ in itself. Jitender V. Jain and Anr.,

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The IPKat

MAY 2, 2023

However, this argument did not satisfy the Court, which on the contrary, specified that it was those characteristics that are specific to Lidl’s brand. Tesco attempted to argue that it had a right to use the combination of the yellow and blue colours for commercial reasons (without the text).

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SpicyIP

SEPTEMBER 16, 2024

For clarity, it is important to know that Rule 9 of the MP Foreign Liquor Rules focuses on the registration of labels.

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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.

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Intepat

APRIL 7, 2022

How to Franchise your brand name. A business’s trademark is not just its marker but also a representation of its goodwill and its way to ensure that an average purchaser does not confuse it with a different brand. Importance of Agreement. The most crucial section in this regard is Section 49 of the Act. Example Case.

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Technology & Marketing Law Blog

DECEMBER 28, 2021

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. Branded tees and coffee mugs have nothing to do with Johnson’s libel claim. But that doesn’t matter.

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IP and Legal Filings

MAY 17, 2024

Even in cases wherein there is no commercial aspect to the misuse of one’s likeness, because the persona of the individual is in itself a brand and carries public goodwill, it would be considered passing-off if such likeness is used without authorization. 893 of 2002 (Del) (India). [2] References: [link] [link] [link] [1] CS (O.S.)

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SpicyIP

FEBRUARY 24, 2023

The mark ‘ALPHARD’ may not be distinct to the general public but there could have been a viable argument that it is distinct to the ‘relevant section of the public’ who are interested in MUVs/ Minivans and generally in foreign cars and automotive brands.

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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. He has an extensive background in chemistry and food science. Patents 7,427,638 , 7,893,101 , and 10,092,541.

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The IPKat

APRIL 27, 2024

The French brand sells a range of blouses that are both romantic and classic ( e.g. Darcy, Fraisier ), minimalist tops ( e.g. Esterel ), oversized sweatshirts with delicate details ( e.g. Erlanger, Dunes ) and jumpers combining a cosy and structured style ( e.g. The court then analysed the copyright infringement. A Kat taking a rest.

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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. Background The Claimant, EasyGroup Ltd (EasyGroup), is part of the well-known "Easy" group of companies controlled by Sir Stelios Haji-Ioannou, the founder of easyJet.

Advertising 69

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Intepat

APRIL 7, 2022

A business’s trademark is not just its marker but also a representation of its goodwill and its way to ensure that an average purchaser does not confuse it with a different brand. The most crucial section in this regard is Section 49 of the Act. In the landmark American case of Barcamerica International USA Trust v. 3d 589 (9th Cir.

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IP and Legal Filings

SEPTEMBER 16, 2021

This may include creating products with certain distinct features, such as a particular smell or a sound that is exclusive to the product and the brand. Thus, several companies have attempted to manufacture products implanted with a particular smell that is exclusive to the brand.

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