SpicyIP

AUGUST 8, 2023

When assessing whether a plaintiff in a trademark infringement suit is entitled to an interim injunction, the findings of courts on the 3 factors of prima facie case, balance of convenience and irreparable harm are typically uniform, either supporting the grant of an injunction or its refusal. Rahul is an attorney at Ira Law.]

Trademark 98

Trademark Registration Advertising Advertising 98

IP and Legal Filings

JUNE 26, 2023

However, the extent of protection and applicable principles of trademark law that surround the numeral trademark takes center stage in the discussion. Additionally, various judgements by courts have provided no straight jurisprudence regarding protection of numeral trademarks. However, protection to numbers have differed.

Trademark 96

Trademark Fair Use Registration Branding 96

IP and Legal Filings

AUGUST 11, 2023

Introduction Trademarks are no longer confined to words, numbers, or devices. This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] 7] Is Braille a ‘Mark’ ?

Trademark 98

Trademark Registration Intellectual Property Intellectual Property Law 98

IP and Legal Filings

APRIL 14, 2023

Introduction A Trademark is ordinarily granted protection under two cases, viz., However, in cases of trademarks that are well known amongst the general public in their specific sector of business wherein, they are applied, dilution of the mark takes place. However, this only applies to Well-known Trademarks.

Trademark 98

Trademark Branding Branding Brands 98

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

Biswajit Sarkar Copyright Blog

NOVEMBER 29, 2024

As a member of World Trade Organization (WTO), World Intellectual Property Organization (WIPO), Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Patent Cooperation Treaty (PCT), Thailand allows applicants to file patents and trademarks in multiple PCT member countries simultaneously, making it easier and expanding.

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Intellectual Property Invention Registration Trademark 52

The IP Law Blog

APRIL 30, 2021

Although Kobe started his career with Adidas, he changed to Nike in 2003, and he stayed there for the rest of his life. Well, if the uptick in activity at the Trademark Office is any indication of what’s to come, we may see the late Mamba’s estate launch its own brand. So what now?

Trademark 87

Trademark Branding Branding Brands 87

SpicyIP

SEPTEMBER 11, 2023

underscored that there is a need to supervise or govern patent and trademark agents. 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. Image from here The Delhi High Court recently in Saurav Chaudhary Vs Union Of India & Anr.

Government 105

Government Trademark Patent Patent Application 105

IP and Legal Filings

NOVEMBER 23, 2023

i] In principle, the Delhi High Court has recognized publicity rights in the case of ICC Development (International) Ltd v Arvee Enterprises (2003). [ii] iii] Provisions in Indians Laws Trademarks Act, 1999 does not make any exact provision for publicity rights, but its definition of ‘Marks’ contains names within its ambit.

Intellectual Property 105

Intellectual Property Privacy Branding Branding 105

IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3]

Registration 98

Registration Trademark Trademark Law Law 98

The IPKat

AUGUST 5, 2022

350/2003 concerning the use of the wording 'Made in Italy' and the misleading use of trade marks on the origin of goods, with penalties depending on the conduct at administrative level (paragraph 49 bis ) and at criminal level (paragraph 49). The relevant rules are those set forth in Article 4, paragraphs 49 and 49 bis of Law No.

Law 111

Law Copying Trademark Marketing 111

IP and Legal Filings

NOVEMBER 22, 2023

Nominative fair use of a trademark is a legal doctrine that can be used as a defence in some types of trademark infringement cases. When using the mark, the user must do nothing that suggests sponsorship or endorsement by the trademark owner. The claims made by the Dmoex are huge as they compared themselves with their rival.

Fair Use 98

Fair Use Advertising Advertising Branding 98

Intepat

JULY 12, 2021

In today’s fast-paced world, firms are increasingly employing unconventional types of trademarks in addition to conventional kinds of trademarks. The registration of unconventional trademarks is not new in India. With emerging sorts of trademarks, the law is still catching up. MOTION MARK UNDER TRADEMARK ACT.

Registration 98

Registration Trademark Journalism 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

IPilogue

MARCH 27, 2023

As a result, the Mickey Mouse copyright was then set to expire at the end of 2003. Although the original Mickey Mouse’s copyright protection will expire at the end of 2023, Disney will still be able to protect the Mickey Mouse brand through trademark law. Starting in 1990, Disney pushed hard for an extension of copyright protections.

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Public Domain Copyright Law Copyright Registering Trademarks 105

The IPKat

OCTOBER 12, 2022

A major contribution of economics to our understanding of trademarks is "search costs", generally here. This idea is that trademarks are an efficient tool for consumers because a consumer can rely on the mark, rather than having to search for sufficient information about the source of the product each time he wishes to make a purchase.

Law 127

Law Trademark Public Domain Licensing 127

The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. for protection of its trademark “L.O.L. Thus, in April 2022, deciding on a case brought by a U.S.

IP 133

IP Branding Branding Brands 133

Indiana Intellectual Property Law

AUGUST 18, 2021

Wayne, Indiana – Phoenix Intangibles Holding Company apparently licenses the getGo® trademark to Giant Eagle, Inc. 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”).

Trademark 52

Trademark Registration Service Mark Advertising 52

SpicyIP

JANUARY 27, 2024

The application seeking the interim relief was filed by UTIITSL who has been an authorized service provider since 2003 for processing PAN and related services like issuance of documents such as Aadhar Card, Voter ID, driving license, etc.

Confidentiality 105

Confidentiality Trademark Law Licensing Trademark 105

SpicyIP

JULY 4, 2024

Image by storyset on Freepik The office of Controller General of Patents, Designs and Trademarks (CGPDTM) on July 2, has notified the 2025 Patent and Trademarks Agent Exams. The Trademark Agent Exam is likely to be held on January 04, 2025 and the Patent Agent Exam is likely to be held on January 5, 2025.

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Trademark Patent IP Design 45

Intepat

JUNE 7, 2024

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.

Trademark 52

Trademark Branding Branding Brands 52

SpicyIP

AUGUST 26, 2024

Neela Film”), issued an ex-parte ad-interim injunction against the defendants, including websites, e-commerce platforms, YouTube channels and ‘John Doe’ parties, restraining them from infringing the copyright and trademark of the makers of the popular Hindi television sitcom “Taarak Mehta Ka Oolta Chashma” (“TMKOC”).

Personality Rights 111

Personality Rights Privacy Copyright Trademark 111

IP Law 360

MARCH 14, 2024

fairly used the phrase "red gold" to describe the color of its products after a California jeweler with a 2003 trademark registration battled the Swiss watchmaker over its use of the phrase. A split Second Circuit panel on Thursday affirmed a Connecticut federal judge's decision that Breitling USA Inc.

Fair Use 52

Fair Use Registration Trademark 52

IP and Legal Filings

SEPTEMBER 20, 2024

2] However, such privilege has not been granted to patent or trademark agents in the Indian regime, which can otherwise play a vital role in the emerging domain of the Intellectual Property regime. Similarly, Rule 144(iii) of the Trade Marks Rules, 2017, makes any degree-holder eligible to be a trademark agent. [1] Section 42.57

Law 52

Law Trademark IP Patent 52

Selvam & Selvam Blog

JULY 22, 2024

Singh who had presided over the case, emphasized the need for a Code of Conduct for Trademark and Patent Agents to ensure liability over their actions. The Court referred to section 130 of the Patent Act and Rule 114 of the Patent Rules, 2003, which empowers the Controller to remove agents guilty of professional misconduct.

Trademark 52

Trademark Patent Patent Application Intellectual Property 52

IP and Legal Filings

JUNE 12, 2023

Parody is often taken as a defence in trademark infringement suits. and will it amount to trademark infringement? This issue was addressed in TATA case by in which the primary issue before the court regarded a violation under the Trademark Act. Tata filed a petition for defamation and trademark infringement, and sought damages.

Copyright Law 105

Copyright Law Copyright Law Copyright Infringement 105

SpicyIP

AUGUST 16, 2024

The ‘Safe Distance Rule’ The ‘Safe Distance Rule’, which finds its roots in the tenets of fair competition, simply put, follows that a party, once found guilty of anti-competitive practices, including trademark infringement or passing off, is expected by the courts to adhere to what is touted a “safe distance” from the competitor’s realm.

Intellectual Property 105

Intellectual Property Litigation Trademark Artistic Work 105

Shades of Gray

NOVEMBER 2, 2016

Traditionally, attorneys’ fees were notoriously difficult for a prevailing party to recover in a trademark action. ICON Health & Fitness, Inc. , [1] relaxed the applicable standard in construing the Patent Act’s identical fee-shifting provision and will likely result in a lower bar to the recovery of fees in trademark disputes.

Trademark 52

Trademark False Advertising Litigation Copyright 52

SpicyIP

AUGUST 14, 2023

Praharsh wrote on the Delhi High Court’s Division Bench order staying the operation of the Single Judge’s direction in Vifor “Product by Process Claims” case and on the Oppositions Status Report filed by the Trademark Registry before the Delhi High Court. Modern Foods v. Case: Google v. DRS Logistics (P) Ltd. &

Trademark 98

Trademark Registration Art Reporting 98

IP and Legal Filings

NOVEMBER 30, 2022

Additionally, it requires Cambodia to maintain online databases with data on applications and registrations for patents, industrial designs, and trademarks. Conclusion. The ASEAN and ASEAN LDCs are anticipated to be significantly impacted by RCEP. It is anticipated to have a favourable effect on the Cambodian economy in particular.

Intellectual Property 95

Intellectual Property Marketing Marketing IP 95

IP and Legal Filings

MARCH 8, 2023

Introduction The Respondents were sued by the Appellant, the owner and holder of the trademark “RENAISSANCE,” seeking a permanent injunction against the use of the allegedly infringing trademark “SAI RENAISSANCE” and any other marks that are confusingly similar to the Respondents’ mark, “RENAISSANCE.”

Registration 98

Registration Branding Branding Brands 98

LexBlog IP

SEPTEMBER 29, 2022

(I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). Every sound trademark seems not only to signify something but to raise a question or two as well. Hence, the title of this piece and the discussion below.

Trademark 52

Trademark Registration Music Intellectual Property 52

SpicyIP

NOVEMBER 7, 2023

The respondents argued that there would arise an ‘incongruous’ and ‘anomalous’ situation if challenges against rectification petitions filed between 2003 and 2021 before the IPAB would lie before a Single Judge bench of a High Court. Because, as argued by the respondents, after the abolition of IPAB, status quo ante 2003 stood restored.

Intellectual Property 52

Intellectual Property Law Trademark IP 52

IIPRD

JUNE 29, 2022

’ Trademark: This refers to the brand’s name, emblems, and symbols that are used on premium goods to help differentiate Louis Vuitton products from those of other companies. The brand keeps track of any new websites that appear and takes legal action against the domain name owners for trademark infringement and cybersquatting.

Intellectual Property 98

Intellectual Property Brands Branding Branding 98

Patently-O

APRIL 17, 2024

23 (2003), false claims about the inventorship or authorship of a product are not actionable under the Lanham Act. Crocs moved for summary judgment on Dawgs’ Lanham Act counterclaim, arguing that under Dastar Corp. Twentieth Century Fox Film Corp. , ” Dawgs appealed.

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False Advertising Advertising Advertising Patent 115

Kashishipr

AUGUST 2, 2021

The IP rights holders can either record their IP beforehand, enabling the Customs authority to suo motu monitor shipments and exclude, detain, seize, destroy, or dispose of the merchandise that it suspects to be counterfeit or infringing the recorded trademark; or make a complaint to the Customs authority under the domestic Customs legislation.

IP 105

IP Intellectual Property Registration Registering Trademarks 105

43(B)log

AUGUST 26, 2021

2021) Larry Klayman founded and ran the conservative activist group Judicial Watch, but the relationship ended badly in 2003. Meanwhile, in September 2003, Judicial Watch began preparing its October newsletter, which was mailed to donors along with a cover letter signed by Klayman as Judicial Watch’s ‘Chairman and General Counsel.’

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