IP and Legal Filings

APRIL 14, 2023

The suit was filed by the proprietors of the brand, LT Foods Limited ( “Plaintiff” ) against Saraswati Trading Company ( “Defendant” ), who were accused of having diluted the trademarks of the Plaintiff [1]. 2,000 Crores in Financial Year 2020-21.

Trademark 98

Trademark Branding Brands Branding 98

Technology & Marketing Law Blog

OCTOBER 19, 2021

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. First Amendment.

Licensing 105

Licensing Copyright Contracts Advertising 105

IP and Legal Filings

FEBRUARY 17, 2022

Unfortunately, copyright and trademark law do not provide particular protection for these characters, who, more often than not, exceed their original works to become well-known of their own. the effect of the use on the copyrighted work’s potential market for or value. In United Feature Syndicate, Inc. Koons , 817 F.

Fair Use 94

Fair Use Copyright Television Copying 94

Patently-O

SEPTEMBER 17, 2023

The Federal Circuit’s pair of decisions provide guidance on how logos factor into the design patent infringement inquiry, and begin to tease-out differences in policy concerns underlying design patent law versus trademark law. For trademark infringement under the Lanham Act, likelihood of consumer confusion is a key requirement.

Design Patent 72

Design Patent Patent Infringement Designs Design 72

IIPRD

JANUARY 21, 2022

According to the current trend, any new product which is being launched in the market has some sort of distinct packaging as it is considered imperative for the purposes of distinguishing their products from others and it also helps in attracting a larger customer base. Introduction. Scope for Protection of Trade Dress in India.

Branding 40

Branding Brands Branding Trademark Law 40

IP and Legal Filings

AUGUST 11, 2023

19] Being able to distinguish one’s trademark falls at the centre of the trademark law, as otherwise, it is liable to be rejected under Section 9(1) of the Act. As cited in Intellectual Property Law, Bently, Sherman, Gangjee, & Johnson at page 957. [11] Joot Kist, Case C-283/01, [2003] ECR-I-14313. [12]

Trademark 98

Trademark Registration Intellectual Property Intellectual Property Law 98

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. So too with plaintiffs’ 2003 Documentary. But the 2013 Documentary was not a market substitute, because it was transformative of a small portion of the 2001 Documentary. “[I]t

Fair Use 52

Fair Use Trademark Copyright Editing 52

Intepat

JUNE 7, 2024

Historically, there have been longstanding reservations regarding the recognition of colors as trademarks, rooted in several traditional theories. One such concern is color depletion, where granting exclusive rights to a particular color for one manufacturer could potentially limit choices for others in the market.

Trademark 52

Trademark Branding Brands Branding 52

IIPRD

OCTOBER 17, 2022

The first and the foremost question which crosses our minds is that does the digital assets in the virtual reality fall under the category of “Goods” under trademark law, and who should be held liable for infringement when the infringer is unknown. It also protects the product from unauthorized use by a third party.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

LexBlog IP

JULY 21, 2021

provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. The report notes on page 11 that “In 2003, research estimates put the [U.S.] market for religious publishing and products at $6.8 ” Ginsburg (2003) at 1086-87. society at over $1 trillion annually.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Copyright Lately

MAY 1, 2023

No wonder I’m getting flashbacks to 2003. As I explained in my discussion of the Rick Astley lawsuit , right of publicity and trademark law provided viable claims to Bette Midler and Tom Waits when imitations of their voices were used in advertising. Soundalikes: No Actual Sounds, No Actual Infringement?

Music 90

Music Copyright Copying Copyright Law 90

LexBlog IP

SEPTEMBER 29, 2022

They are marketed through different, yet related, channels of trade (sports and entertainment, which were melded together as ESPN’s original name ). Joost Kist Memex (2003) , par. Though there are only 333 EU registered sound marks, according to EUIPO January 1996 to July 2022 statistics (section 5.2 per year from 1996 to 2019).

Trademark 52

Trademark Registration Music Intellectual Property 52

IP and Legal Filings

FEBRUARY 19, 2025

This type of marketing practise is known as ambush marketing practise. So, it may feel harmless but it does not, as they are stealing the attention of the official sponsors who have paid for the rights to use the name and logo of the event, as well as decreases the market value of the brand name of the event.

Intellectual Property 96

Intellectual Property Marketing Marketing Branding 96

SpicyIP

MARCH 23, 2025

On appeal, the High Court upheld the injunction, emphasizing that the similarities in branding could mislead consumers, especially since both companies operate in the beverages market. The Court rationalized that in trademark law, even a single dominant element within a composite mark can warrant protection if it has strong brand recognition.

Registering Trademarks 102

Registering Trademarks Trademark Brands Branding 102

SpicyIP

MARCH 22, 2025

filed a rectification petition under Sections 47 and 57 of the Trade Marks Act, 1999 , seeking the removal of the respondents trademark ZEPTO (in Class 35) from the Register of Trade Marks. 2003), reaffirming that courts continue to adhere to the broad definition of “use.” Addisons Paint & Chemicals Ltd.

Advertising 59

Advertising Advertising Trademark Registration 59

43(B)log

JANUARY 31, 2025

Jeanne Fromer (with Beebe and Stein), An Empirical Picture of Trademark Law We are running out of competitively effective word marks. Inadequacy of TM law: visual depletion and congestion; difficulty handling visual similarity in confusion analysis; difficulty handling visual distinctiveness in the sense of source identification.

Branding 52

Branding Brands Branding Designs 52

Patently-O

DECEMBER 12, 2021

2003) (quoting Mark S. 471, 500 (2003)). [16] Lemley, What the Right of Publicity Can Learn from Trademark Law , 58 Stan. 903, 930 (2003) (“[T]here is good reason to think… that the right of publicity is unconstitutional as to all noncommercial speech, and perhaps even as to commercial advertising as well.”). [24]

Registration 69

Registration Government Advertising Advertising 69