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. The detailed verdict, heavily punctuated with takeaways for IP observers and fashion enthusiasts alike, is one of the very few final judgements on trademark law passed this year.

Trademark 81

Trademark Branding Brands Branding 81

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.

Ownership 52

Ownership Registration Trademark Contracts 52

43(B)log

SEPTEMBER 11, 2023

Here, I think we might be starting to see what a post-Abitron, post-JDI world could look like: courts may begin to reestablish distinctions between registered trademarks and unregistered matter protected by unfair competition law, based this time on statutory interpretation rather than conceptual categories.

Advertising 69

Advertising Advertising Marketing Marketing 69

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]

Trademark 40

Trademark Designs Design Registration 40

The TTABlog

JUNE 28, 2022

Kretet also pointed to its ownership of a registration for a similar mark for non-medicated skin serums, but the Board was unimpressed. 90369855 (June 24, 2002) [not precedential] (Opinion by Judge Peter W. In re Krete LLC , Serial No.

Designs 45

Designs Design Registration Ownership 45

LexBlog IP

JUNE 9, 2023

In addition to VIP’s statements regarding ownership of the marks, VIP’s use of the mark on product hang tags directly opposite their registered SILLY SQUEAKERS logo also indicates use as a source identifier. Grimaldi , the Second Circuit established a threshold test for artistic works that incorporate third party trademarks. [1]

Artistic Work 52

Artistic Work Ownership Trademark Licensing 52

The TTABlog

DECEMBER 21, 2021

According to Section 2(d), Australian was required to show ownership of a mark "previously used in the United States. He conducted clinical trials in 2000 and manufacturing began in 2002-2003. equally oxymoronic? - and not abandoned." He developed his own formula for a lubricant, as well as special packaging.

Registration 53

Registration Contracts Advertising Advertising 53

The TTABlog

AUGUST 2, 2021

The Board found that Shen knew he was not the owner of the mark, that his false statement of ownership was material to the registration, and that he intended to deceive the USPTO. The Board observed that, between a manufacturer and a distributor, the manufacturer is presumed to own the trademark that is applied to the goods.

Registration 40

Registration Ownership Licensing Trademark 40

IIPRD

JUNE 21, 2021

ii] With India steadily coming to grips with concept of digital currency, it is bound to raise questions of ownership, legal protection and Intellectual Property law’s role in as it has been said ‘growth to the moon.’. India’s Crypto Saga. There is special act in place in India for the regulation of Cryptocurrency. Conclusion.

IP 40

IP Ownership Intellectual Property Marketing 40

The TTABlog

JULY 5, 2023

Laches barred both claims as to certain of the goods in light of Applicant Fashion Ele ctronics' ownership of an expired registration for EVOGUE for substantially the same goods. 2002) (“Dilution does not implicate any public interest against consumer deception because, by definition, it protects only a trademark owner’s private interest.”).

Registration 40

Registration Trademark Ownership Advertising 40

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.

IP 40

IP Intellectual Property Business Branding 40

IP and Legal Filings

AUGUST 14, 2023

Since copyright in whatever form (even first ownership) is subject to the territoriality principle, many argue that lex loci protectionis is the appropriate course of action. [10] From the perspective of other IPRs like Trademark, Patents, etc.

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

SpicyIP

APRIL 13, 2025

Llc vs Vijaypal Dhayal Owner/ Proprietor Of on 2 April, 2025 (Delhi High Court) Harley-Davidson LLC filed a suit for a permanent injunction against the defendant for infringing its trademarks and copyrights, particularly the ‘Eagle Logo/Device Mark’ used on footwear. Mars Incorporated vs The Registrar Of Trademarks & Ors.

Intellectual Property 59

Intellectual Property Registering Trademarks Trademark Design 59

LexBlog IP

DECEMBER 6, 2021

Whether you can file a trademark for an NFT depends on whether the NFT is part of a larger collection or series. If the collection sells specific goods and/or services, it may receive trademark protection. Can NFTs Receive Trademark/IP Protection? In fact, to date Yuga Labs LLC has filed at least 38 trademarks at the USPTO.

Trademark 52

Trademark Non-Fungible Tokens Registration IP 52

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Copyright Ownership of Movies and Films in Canada: Who’s on First? Introducing the College of Patent Agents & Trademark Agents. Trademark Law. Parody in Trademarks is No Joke. David Vaver.

IP 105

IP Copyright Infringement Inventor Intellectual Property 105

IP and Legal Filings

JANUARY 2, 2023

The “FoxMandal” name and “FM” emblem were created and registered by Mr. Som Mandal in the early months of 2002, and it wasn’t until the partners of Fox& Mandal, including his own father, sought for the registration in 2006 that it was denied by the Trademark Registry. Introduction. & Anr.

Registration 52

Registration Trademark Business Branding 52

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals.

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IP Copyright Trademark Intellectual Property 124

SpicyIP

DECEMBER 23, 2024

In a decision passed on November 11, the Delhi High Court held that the Regional Director under the Companies Act has no jurisdiction to decide ownership of trademark. 16(1)(b) of the Companies Act can be exercised only at the application of the actual owner of the trademark. 4 (Panchhi Petha Pvt.

Trademark 59

Trademark Registering Trademarks Ownership Intellectual Property 59

SpicyIP

DECEMBER 31, 2024

Weve tried to represent a diversity of subject matter also in this list, so its a mixed bag of cases dealing with patents, trademarks, copyright law etc. Singh Note: Later in the year, the Delhi High Court tightened the scope of the rights under well-known trademarks in Vans Inc. vs. FCB Garment Tex. See Surabhis post on this order.)

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IP Invention Patent Copyright 105