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2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.
However, the visual similarity was only a supplementary point in the Courts finding of infringement which was primarily based on the identicality of the business names, and their registration under the same classes. Sulochana Bai (2016) on priority in adoption superseding subsequent registration w.r.t. Additionally, in Pratibha M.
The plaintiff’s case was a standard trademark infringement and passing off plea, founded upon its extensive advertisements, market share, goodwill and reputation and the defendant using a similar website and the word ‘MODERN’ in its marks.
In 2003, the firm’s trademark in Germany was protected due to its distinctive design. 1] In 2006, the International Trademark Association, INTA, officially recognized the importance of tactile marks by adopting a resolution in support of the recognition and registration of these marks. are two examples.
This blog discusses the concept of non-conventional trademarks, its use in Pharmaceutical Industries, relevance and complexity surrounding the registration process under Indian Law. Section 9(1) (a) states that non–distinctive trademarks are not eligible for registration, which presents a challenge for single-colour trademarks.
The NAKED condom case returned to the TTAB after a CAFC reversal [ TTABlogged here ] and the Supreme Court's denial of the registrant's petition for writ of certiorari (September 2021). Nor did respondent have advertising material or seek FDA approval. Nor did respondent have advertising material or seek FDA approval.
Interestingly, in these cases, the trademark owner itself/himself misused the trademark as the generic name of the product in advertising and Patent Applications. One advertisement of ESCALATOR, for example, began as “Otis elevators, Otis escalators.” A catchy advertisement slogan may be risky for the trademark.
Per the Complaint, Plaintiffs have used the getGo® trademark since at least March 2013 and have sought and secured federal trademark registrations for various getGo® trademarks and logos as set forth below (the “getGo® Marks”). Registration No. Service Mark Registrations, Nos. 5,040,314 and 5,040,321 for the mark “GET 2 GO.”
Cohen from 2003, which held that under California law, an internet domain name was a form of intangible property that could serve as basis for the registrant’s conversion claim. 3d 296 (2003). In the Ninth Circuit, the most important case to open the door to a broader category of conversion claims was Kremen v.
Citing a 2003 Ninth Circuit case, Kremen v. Thus, other cases have applied conversion law to alleged theft of domain name registrations (e.g., So when this court says “Plaintiffs have property rights to their websites for the same reasons a registrant has property rights to a domain name,” I have no idea what it means.
The procedure was created under the Trademark Modernization Act of 2020 (“TMA”) to combat fraudulent filings that may be blocking legitimate rights holders from obtaining trademark registrations, which in the United States must be supported by legitimate and continuous use of the trademark in interstate commerce. § 1066(B).
The Appellant had been using the mark since 1981 and had gained popularity due to resources employed in advertisements and promotional activities. iii) The impugned mark is used for goods or services different from those for which registration has been granted, and does the registered trade mark have a reputation in India.
Nathan directed the allegedly infringing 2013 Documentary, which “tells the story of Pug, a thirteen-year-old child who wants to be a ‘12 O’Clock Boy,’ just like [he] has repeatedly watched in [the 2001 and 2003 Documentaries].” So too with plaintiffs’ 2003 Documentary. This gave them a different “total concept and feel.”
Although companies had been employing the sensory aspects unofficially for decades, they underwent significant changes in their development when they were officially recognized as trademarks and were subsequently granted legal protection and registration. In Colgate Palmolive Company And Anr. vs Anchor Health And Beauty Care Pvt.
For only the second time since the CAFC's 2009 decision in In re Bose , the Board upheld a claim of fraud, ordering cancellation of a registration for the mark FUJIIRYOKI for massage chairs. William Shen, the CEO of Respondent ACIGI, filed the underlying application and then assigned the registration to ACIGI soon after issuance.
However, India gave a contrasting opinion, mentioning that it would be detrimental to the IP system, which needs disclosures to determine registration. [20] India sheds concerns on issues of non-disclosure leading to false registration. 185: Review of the Indian Evidence Act, 1872 (2003). Law Commission of India, Report No.
An advertisement for Abby Sage Richardson’s dramatization of “The Prince and the Pauper,” produced by Daniel Frohman. This prompted House to obtain a copyright registration on his dramatization in 1889 and thereafter to file a lawsuit against Twain, Richardson and Frohman in January 1890. What Contract?
It can also mean as the proxy or substitute holder of rights here on earth because no spiritual being will receive a copyright certificate, trademark registrations, or letters patent. The report notes on page 11 that “In 2003, research estimates put the [U.S.] But that “provision only restricts registration of the mark.
The High Court revoked four EASYOFFICE registrations owned by easyGroup for non-use and held that the Defendant’s use of EASYOFFICE was not an infringement of those registrations anyway owing to, amongst other things, the availability of an honest concurrent use defence. Muzmatch has since rebranded as Muzz.
Celebrities usually charge a license fee for the use of their name, image or other attributes in advertising and merchandising. 2003 (26) PTC 245 Anil Kapoor vs Simply Life India & Ors, CS(COMM) 652/2023 and I.A. Celebrity Rights in India: Celebrity rights are assignable or can also be licensed for monetary benefits.
The Board granted a petition for cancellation of a registration for the mark FREEDOM PARTY for "organizing and conducting dance parties" on the ground that Respondent Hyman was not the sole owner of the mark when he filed his underlying use-based application. Therefore, his application was void ab initio and deemed invalid. Wellington).
The respondent had registered the mark in 2014 with a user claim since 2011, covering services related to advertising, trading, and marketing of electronic goods. The Court found that the respondents mark was merely a hindrance to Kiranakarts ZEPTO registration and did not serve a legitimate commercial purpose.
the Apex Court held that one of the inherent aspects of the right to privacy as enshrined under Article 21 of the Constitution is the right to prevent others from using the person’s name or likeness without his consent for advertising or non-advertising purposes. Arvee Enterprises in 2003. State of T.N.,
. § 1052(c) provides, in pertinent part, that the PTO must deny federal registration to a trademark if it “[c]onsists of or comprises a name, portrait, or signature identifying a particular individual except by his written consent….”
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