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INTRODUCTION For a long time, logos, names, and jingles have been the mainstays of trademarklaw. A recent trend in branding, however, is the use of non-traditional trademarks such as haptic markings. In 2003, the firm’s trademark in Germany was protected due to its distinctive design.
A trademark refers to a recognizable expression, design, or sign uniquely identifying the products or services of a specific source and differentiating them from those of others. A trademark may be located on the packaging, voucher, label, or the product itself. 2003 (27) PTC 478 Del. Case No: A3/2016/3082).
This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.
One of the first enacted changes concerned the rules for calculation of the compensation paid to the patent owner in the event that an invention, utility model, or industrial design is being used without the patent owner’s authorization. These rules were introduced in the 2021 amendment to Article 1360 of the Civil Code.
He was unmistakably aware of the nuances regarding colours in trademarklaw. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] Notwithstanding the essence of this finding, this is too narrow an interpretation of the true spirit of trademarklaw. 2003) 27 PTC 478 at para 63.
The Trademarklaw in India, known as Trade Marks Act, 1999, comes into force according to the rules established under the International Principles laid down in TRIPS (Trademark-Related Aspects of Intellectual Property Rights Agreement).
This post discusses the case and argues that there already exists a mechanism under the Patent and trademarklaws that govern and supervise such agents. Plus, I argue that the liability of such an agent should be analogized with legal practitioners for which we already have sound jurisprudence and laws regarding professional conduct.
The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. There have been various landmark judgements which have not only highlighted cardinal principles of trademarklaw but have also given a nuanced understanding of how Courts interpret statutory trademark provisions.
Regarding the IPR matters, Cambodia has issued the following legal documents: • Law concerning Marks, Trade Name and Acts of Unfair Competition dated January 8, 2002; • Law on Patents, Utility Model Certificates and Industrial Designs, in force since January 2003; • Law on Copyright and Related Right, in force since March 2003.
19] Being able to distinguish one’s trademark falls at the centre of the trademarklaw, as otherwise, it is liable to be rejected under Section 9(1) of the Act. Komal, Protection of non-traditional Trademarks: Issues and the Road Ahead, 11(2) TUCOMAT 695, 697 (2020). [2] 5] Trademark Act, 1999, §2, No.
INTRODUCTION The historical narrative of color as a trademark unfolds as a captivating voyage intertwined with the evolution of branding methodologies and legal frameworks. Traditionally, trademarks encompassed fundamental elements such as plain words, logos, and designs, serving as unequivocal identifiers of the origin of goods and services.
Under the trademarklaw, the trade dress encompasses the visual aspect of a product and it comprises several distinctive features with respect to the shape, size, packaging, colour combination, textures, graphics etc. References: [1] 2003 (27) PTC 478 Del. [2] Scope for Protection of Trade Dress in India. 2] CS(COMM) 76/2018. [3]
Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademarklaw. In addition, the design of the title of the 2013 Documentary was allegedly similar to plaintiffs’ registered 12 O’Clock Boyz logo. So too with plaintiffs’ 2003 Documentary.
Many big companies are getting ready to enter the world of Metaverse, for example, Nike for the purpose of selling virtual footwear and apparel in the virtual world of metaverse filed many trademark applications with the U.S These trademark applications consist of Nike’s logo “just do it” and air Jordan designs.
It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Citing a 2003 Ninth Circuit case, Kremen v. It didn’t.
The report notes on page 11 that “In 2003, research estimates put the [U.S.] Second , it has been argued that the court merely espoused the settled principles of trademarklaw that ‘common’ names and phrases cannot be monopolized. ” Ginsburg (2003) at 1086-87. ’”(emphasis added).
Within just over a month, a raft of barely-underground Discord servers like AI Hub have popped up to provide users with access to software—and step-by-step instructions—for creating new songs using hundreds of community-made AI models designed to mimic specific artists’ voices. No wonder I’m getting flashbacks to 2003.
19 The distinctive character of a trade mark must be assessed by reference, first, to the goods or services in respect of which registration is sought and, second, to the perception of the relevant public (see judgment of 12 February 2004, Henkel, C‑218/01, EU:C:2004:88, paragraph 50 and the case-law cited). per year from 1996 to 2019).
The Legal Gray Area: Does IP Law Fully Protect Against Ambush Marketing? Legal provisions: Provisions like the trademarks act 1999, sections 29(Infringement of registered trademark),30(Limits on effect of registered trademark ),135(Relief in case of infringement). Case laws: ICC Development (International) Ltd.
The Court rationalized that in trademarklaw, even a single dominant element within a composite mark can warrant protection if it has strong brand recognition. Milliken And Company vs Controller Of Patents And Designs & Anr. Controller Of Patents And Designs on 19 March, 2025 (Calcutta High Court) Image from here.
Jeanne Fromer (with Beebe and Stein), An Empirical Picture of TrademarkLaw We are running out of competitively effective word marks. 2003-2023: image only, 200K office actions, image+text, 500K office actions. Design search codes can be added by the PTO or suggested to be added/changed by applicants. What about images?
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