SpicyIP

SEPTEMBER 11, 2023

This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws 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.

Government 105

Government Trademark Patent Patent Application 105

Kashishipr

NOVEMBER 3, 2021

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. ” For combating trademark genericide, conventional trademark enforcement measures have to be coupled with unconventional methods.

Trademark 105

Trademark Branding Branding Brands 105

IP and Legal Filings

APRIL 14, 2023

It was pleaded that the defendants were using a deceptively similar trademark that could not be differentiated from the trademark registered and used by the Plaintiff. Image Sources : Gettyimages] The trademark was first adopted by M/s Lal Chand Tirath Ram Rice Mills in 1985 and thereafter, in 2003, was assigned to the Plaintiff.

Trademark 98

Trademark Branding Brands Branding 98

IP and Legal Filings

NOVEMBER 1, 2022

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.

Trademark 52

Trademark Service Mark Intellectual Property Registration 52

Intepat

DECEMBER 6, 2022

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 trademark law but have also given a nuanced understanding of how Courts interpret statutory trademark provisions.

Trademark 98

Trademark Trademark Law Registering Trademarks Law 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.

Licensing 105

Licensing Copyright Contracts Advertising 105

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. Trademark etc. Lanham Act claims based on common-law rights were barred by laches.

Fair Use 52

Fair Use Trademark Copyright Editing 52

LexBlog IP

SEPTEMBER 29, 2022

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). Duck Boat Tours, Inc.

Trademark 52

Trademark Registration Music Intellectual Property 52

IIPRD

JANUARY 21, 2022

Under the trademark law, 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.

Branding 40

Branding Brands Branding Trademark Law 40

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

Intepat

JUNE 7, 2024

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.

Trademark 52

Trademark Branding Brands Branding 52

LexBlog IP

JULY 21, 2021

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.] market for religious publishing and products at $6.8

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

SpicyIP

MARCH 23, 2025

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. A trademark infringement and passing off suit was filed against the appellant alleging that its Cheetal device mark is similar to the respondents Double Deer Mark.

Registering Trademarks 102

Registering Trademarks Trademark Brands Branding 102

SpicyIP

MARCH 22, 2025

Under Section 47(1)(b), a trademark can be removed if it remains unused for five consecutive years. The Court found that the respondents mark was merely a hindrance to Kiranakarts ZEPTO registration and did not serve a legitimate commercial purpose. Addisons Paint & Chemicals Ltd. A Test or a Hurdle? In M J Exports Pvt Ltd v.

Advertising 59

Advertising Advertising Trademark Registration 59

IP and Legal Filings

DECEMBER 6, 2023

Arvee Enterprises in 2003. Jaitley’s right and pronounced that any person may be restrained from using the names of popular or well-known celebrities, when the particular name is a well-known trademark as envisaged under the basic principles of trademark law and thatcelebrity is entitled to use his name for commercial purposes.

Privacy 105

Privacy Intellectual Property Law Intellectual Property Advertising 105

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

. § 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….”

Registration 69

Registration Government Advertising Advertising 69