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

Kashishipr

MAY 11, 2022

2003 (27) PTC 478 Del. The post Protection of Color Trademarks under the Indian Trademark Law appeared first on Blog | Kashish IPR | Intellectual Property Rights Law Firm. Colgate Palmolive Company vs. Anchor Health & Beauty Care Pvt. For more visit: [link].

Trademark Law 105

Trademark Law Trademark Law Branding 105

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 70

Design Patent Patent Infringement Designs Design 70

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 72

Trademark Fair Use Registration Branding 72

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 94

Government Trademark Patent Patent Application 94

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 87

Trademark Branding Brands Branding 87

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 83

Trademark Registration Intellectual Property Intellectual Property Law 83

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

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 87

Government IP Intellectual Property Reporting 87

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

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 91

Licensing Copyright Contracts Advertising 91

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 84

Music Copyright Copying Copyright Law 84

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

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 Brands Branding 105

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

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 Branding Brands Branding 52

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

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 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 67

Fair Use Copyright Television Copying 67

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 99

Privacy Intellectual Property Law Intellectual Property Advertising 99

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