Remove 2002 Remove Brands Remove Trademark Law
article thumbnail

Unveiling Trademark Dilution from Scratch to Denouement

IP and Legal Filings

Frank Schechter which says that a common (Generic) name can be registered by anyone, but no one has the exclusive right to that trademark, For instance, the renowned brand Apple has its trademark registered under various classes but the word ‘apple’ diluted under class 29 of the food category.

Trademark 105
article thumbnail

Analyzing Smell Trademarks: Laws, Significance and Issues

IP and Legal Filings

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. Smell marks and Indian trademark laws.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

IP as a political instrument in Russia

The IPKat

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.

IP 133
article thumbnail

Hot Take on the Wavy Baby Decision (Guest Blog Post)

Technology & Marketing Law Blog

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
article thumbnail

Trademarks vs. Generic Terms: Can Generic Terms be Trademarked?

IP and Legal Filings

Can their names be officially protected under trademark laws?At At first, it might seem a little confusing as Trademarks are like- ‘special signs’ that help us know where products or services come from. Trademarks must have a distinguishing capacity and must be ‘distinctive’ in itself. Jitender V. Jain and Anr.,

article thumbnail

SpicyIP Tidbit: MP High Court Sets Aside Excise Commissioner’s Order for Not Considering Similarities Between Competing Beer Labels 

SpicyIP

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.

article thumbnail

India – Trademark Protection in the Hospitality Industry

Kashishipr

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. The same is then safeguarded under trademark law.