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 Brands Branding Branding 105

IP and Legal Filings

DECEMBER 17, 2024

The Trademark law 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).

Trademark 52

Trademark Brands Branding Branding 52

SpicyIP

AUGUST 26, 2024

Leo Burnett (India) Private Limited (2003), which established an implied recognition of such a protection, and further expressly extended it to characters in comic books, such as “Nagraj,” and TV serials, against commercial misuse. The courts laid the early groundwork for the concept through decisions in V.T. Arvee Enterprises and Ors.

Personality Rights 111

Personality Rights Privacy Copyright Trademark 111

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. If you pay much attention to sneakers, you might know that the agreement between Nike and the Bryant Estate for Nike’s line of Kobe sneakers recently expired.

Trademark 87

Trademark Brands Branding Branding 87

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

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. Names like 7-eleven, 5 Star, 7Up, and 99acres resonate with consumers, widely reflecting the innovative use of number as brand identities.

Trademark 96

Trademark Fair Use Registration Brands 96

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

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

IIPRD

OCTOBER 28, 2023

Catchphrases in Copyright and Trademark Law Copyright law guarantees artists the protection of their creative work while allowing others to expand upon it through its legislations. vii] For instance, Cardi B was denied the trademark rights to her catchphrase “Okurrr” because it was already widely in use.

Copyright Law 59

Copyright Law Brands Branding Branding 59

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. The court, in a careful opinion, rejected all the claims. This gave them a different “total concept and feel.”

Fair Use 52

Fair Use Trademark Copyright Editing 52

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

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.

Brands 40

Brands Branding Branding Trademark Law 40

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.

Public Domain 40

Public Domain Copyright Law Copyright Registering Trademarks 40

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. Introduction: Whether they arise from literary, artistic, or cinematic works, fictional characters are born of greater productions.

Fair Use 94

Fair Use Copyright Television Copying 94

SpicyIP

JANUARY 20, 2024

Verma, another Indian professor from DU who was also the president of ATRIP (2001-2003), mentions this as starting in 1968 (as opposed to 1967) in a separate report on IP teaching in India. Moreover, as the 1987 report notes, IP litigation was very limited at that time, except for trademark law.

Government 112

Government IP Intellectual Property Reporting 112

Intepat

JUNE 7, 2024

Ltd , 2003(27)PTC478(DEL), Colgate’s assertion that the color red constituted a component of their brand’s trade dress was refuted by Anchor in the dispute over the use of the color red on toothpaste packaging. The use of color as a distinguishing element under trademark law is subject to a number of requirements.

Trademark 52

Trademark Brands Branding 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

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

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

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

LexBlog IP

JULY 21, 2021

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 trademark law that ‘common’ names and phrases cannot be monopolized. ” Ginsburg (2003) at 1086-87. ’”(emphasis added).

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

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 Brands Branding Branding 98

LexBlog IP

SEPTEMBER 29, 2022

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 at page 36 of 53), sixty-four of them have registered in the last three years, thus roughly 20+ per year (That compares to about 11.6 per year from 1996 to 2019).

Trademark 52

Trademark Registration Music Intellectual Property 52

IP and Legal Filings

FEBRUARY 19, 2025

The Legal Gray Area: Does IP Law Fully Protect Against Ambush Marketing? Case laws: ICC Development (International) Ltd. 2003 (26) PTC 245 (Del). This practise seems as a violation of implied rights and causes economic harm to the parties who have been invested Securing sponsorship an exclusive advertising right. Intl) Ltd.

Intellectual Property 96

Intellectual Property Marketing Marketing Brands 96

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

2003), reaffirming that courts continue to adhere to the broad definition of “use.” Toshiba Appliances Co , (2024) the DHCinterpreted that use does not necessarily mean and imply actual physical sale; even mere advertisement without having even the existence of the goods can be said to be a use of the mark. A Test or a Hurdle?

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.

Brands 52

Brands Branding 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