SpicyIP

MARCH 9, 2025

Case Summaries Abbott Healthcare Private Limited vs Vinsac Pharma on 17 February, 2025 (Delhi High Court) Abbott Healthcare sued two defendants for trademark and copyright infringement, claiming they deceptively copied its well-known LIMCEE Vitamin C tablets by selling LIMEECEE with similar packaging. Read the post for more details.

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Technology & Marketing Law Blog

DECEMBER 11, 2023

MSCHF has frequently targeted major brands. The Second Circuit stayed MSCHF’s appeal of the district court’s ruling that the Wavy Baby infringed Vans’ trademarks pending the Supreme Court’s decision in Jack Daniel’s v. Trading on the goodwill of the trademark” and using the trademark as a source indicator are two very different things.

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Blogging Trademark Brands Branding 130

IP and Legal Filings

JUNE 10, 2024

PepsiCo had registered the tagline “For the Bold” as a trademark in 2013 for its Doritos tortilla chips and used it extensively for promotions when it was launched in India in 2015. it filed for a trademark infringement and unfair advantage suit in the court against Parle Agro. For the Bold!”, For the Bold!” Antox India (P) Ltd.

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Trademark Advertising Advertising Registering Trademarks 98

The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. The list includes such well-known brands as Apple, HP, Panasonic, Siemens, Tesla, and Volkswagen.

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IP Brands Branding Branding 133

DuetsBlog

OCTOBER 21, 2020

Hotels, Ice Cream, and Shoes as Canvases for Great Brands. . Seth Godin has written about how Nike is a great brand because we can imagine what a Nike hotel would look like. . Speaking of ice cream, Ben & Jerry’s is another great brand , like Nike. . How about another test of brand strength? . sneakerheads.

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Brands Branding Branding Registration 59

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”).

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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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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. Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India. Relationship between Trademark Law & the Hospitality Industry.

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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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Advertising Advertising Brands Branding 105

Intepat

APRIL 7, 2022

A trademark is a distinct identifier that helps a person differentiate himself or his product. For an average consumer, a trademark constitutes an identity of the product or service they plan to avail. How to Franchise your brand name. Licensing and assignment are two methods for the transfer of trademark rights.

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Intepat

APRIL 7, 2022

A trademark is a distinct identifier that helps a person set himself or his product apart. For an average consumer, a trademark constitutes an identity of the product or service they plan to avail. Licensing and assignment are two methods for the transfer of trademark rights. To license, a registered user is a licensee.

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Business Trademark Licensing Brands 52

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. Global and Indian laws concerning smell trademarks.

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SpicyIP

SEPTEMBER 16, 2024

On August 14, the Delhi High Court passed the final judgment in a 23-year-old trademark dispute between Lacoste and Crocodile International. CIPL) from infringing the French brand Lacoste’s iconic “Crocodile” device. SpicyIP intern Samridhi Chugh discusses the key issues in the dispute and breaks down the Court’s verdict.

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SpicyIP

FEBRUARY 19, 2024

Glaxosmithkline Biologicals Sa vs Human Biolife India Private Limited & Ors on 12 February, 2024 (Delhi HC) The Plaintiff filed a trademark infringement case against the Defendant for using deceptively similar mark to its “Rix” formative trademarks.

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Invention Music Art Patent Application 105

LexBlog IP

MAY 3, 2022

.” This four-part miniseries of posts provides a birds-eye view of protections available in China for two-dimensional (2D) and three-dimensional (3D) design elements of products or packaging under trademark, copyright, design patent, and anti-unfair competition laws. Trademark (symbols, designs). Trademark (3D designs).

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Designs Design Trademark Intellectual Property 52

Biswajit Sarkar Copyright Blog

AUGUST 30, 2023

A trademark is an instrument using which a business can set itself apart from its competitors. Indicating the goods and services offered by the business, a trademark can be any word, phrase, logo, symbol, combination of colours etc. However, it must be kept in mind that a trademark has to be a visual representation.

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SpicyIP

SEPTEMBER 16, 2024

This decision thus raises questions about the scope of powers granted under the state’s excise laws and their intersection with trademark law. This unclear delineation of responsibility for determining similarity raises important questions about the consistency of such assessments under both excise and trademark laws.

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Trademark Law Intellectual Property Registration Trademark 81

IP and Legal Filings

JULY 26, 2021

The Intellectual Property Office of the Philippines (IPOPHL) and the International Trademark Association (INTA) have signed a memorandum of understanding for combating counterfeiting. The assistance that they will get will be in terms of design, trademarks, certification marks, non-traditional marks, renowned and well-known marks.

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Intellectual Property IP Reporting Brands 75

IP and Legal Filings

MAY 17, 2024

Daler Mehendi, a known singer and the plaintiff in the present case, had a registered trademark over the letters “DM” and established a business called “D.M. The concept of passing off under trademarks law was used to provide relief to the plaintiff. It is a common tort law aspect and can be used for unregistered trademarks.

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Personality Rights Intellectual Property Social Media Intellectual Property Law 97

SpicyIP

OCTOBER 27, 2022

Kartik and Aditya are 2nd year students at NLSIU, Bengaluru, and had earlier written for us on the Calcutta High Court’s decision in a matter involving Amul’s trademark, here. Mahindra & Mahindra ltd , (2002) 2 SCC 147 and Kirloskar Diesel v. years is actually sufficient to form a strong brand value.

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Brands Branding Branding Business 105

IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3]

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Registration Trademark Trademark Law Law 98

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. Delhi High Court Sets Aside 3 Orders from the Patent Office and the Trademark Registry, in 1 day! Case: Holyland Marketing Pvt.

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Trademark Registration Cease and Desist IP 104

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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Designs Design Patent Application Intellectual Property 52

SpicyIP

FEBRUARY 24, 2023

The Court said that sufficient proof was not shown, to demonstrate spillover of reputation, looking at the international brochures, annual reports, awards, worldwide trademark registration certificate/ renewal certificates and promotional material in respect of ‘ALPHARD’ placed on record.

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Registration Intellectual Property Law Trademark Brands 75

LexBlog IP

SEPTEMBER 29, 2022

(I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). Every sound trademark seems not only to signify something but to raise a question or two as well. Hence, the title of this piece and the discussion below.

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LexBlog IP

JANUARY 25, 2024

the Ninth Circuit revived a trademark infringement case previously dismissed on grounds that the First Amendment shields “expressive” trademarks from Lanham Act liability unless plaintiff can show the mark (1) has no artistic relevance to the underlying work, or (2) explicitly misleads as to its source. [1]

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Canadian Intellectual Property Blog

OCTOBER 14, 2020

Trademark registration is another available tool cannabis businesses should employ to protect their brand. For additional information, check out our recent article about how to properly protect your cannabis-related trademarks. Canada (Commissioner of Patents), 2002 SCC 76. [3] 3] Monsanto Canada Inc.

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Intellectual Property Intellectual Property Law Designs Design 52

The TTABlog

DECEMBER 21, 2021

Petitioner’s actions and communications stating that it no longer had any NAKED brand condoms in the United States so that it should be 'clear sailing' for Respondent to launch its NAKED brand condoms caused Respondent to reasonably believe that any rights Petitioner had in the NAKED trademark for condoms had been abandoned.

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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. These creative concepts are shielded by legal means called patents, copyrights, and trademarks.

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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. Illyrian argued that its agreement with GKS gave it the power and authority to assert the trademark rights of GKS.

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Ownership Registration Trademark Contracts 52

IIPRD

NOVEMBER 14, 2023

There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. The scam can be at various levels and multi-facet forms including mimicking websites, selling cheaper copies of brands or even stealing ideas of originators [4].

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Intellectual Property Due Diligence Journalism IP 59

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. Trademark as Collateral in the US. Article 9 of the Uniform Commercial Code (UCC) governs security interests in trademarks.

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IP Intellectual Property Business Brands 40

The TTABlog

AUGUST 30, 2023

SS Vape Brands, Inc. If that were the case, having a famous mark would entitle the owner to a right in gross, and that is against the principles of trademark law." 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.

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Designs Design Brands Branding 45

IIPRD

MARCH 17, 2023

In Europe, the Nutraceutical sector is regulated by the European Food and Safety Authority (EFSA), and the regulations of the nutraceutical sector come under Directive 2002/46/EC. Trademark Protection Trademark registration provides companies with a unique market identity which helps the consumer to identify and distinguish the brand.

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IP Intellectual Property Marketing Marketing 52

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.

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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] These are the Copyright Act, 1957; Designs Act, 2000; The Geographical Indication Act of Goods Act, 1999; and the Trademark Act, 1999. Varsity Brands, Inc. ,

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LexBlog IP

APRIL 12, 2023

I briefly mentioned Abitron here recently , but it deserves more attention in the context of defining the boundaries of US trademark laws and just on the notion of defining words. trademarks, extraterritorially to Abitron Austria GmbH’s foreign sales, including purely foreign sales that never reached the United States or confused U.S.

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