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The plaintiffs claim that Intershez and Shezan, LLC fraudulently registered Shezan Services trademarks in the United States and used these registrations to have U.S. Customs and Border Protection (CBP) detain shipments of genuine Shezan products.
Protection of trademarks is important for the following reasons: Preservation of brand identity Prevention of customer confusion Business investment protection Fair Competition Innovation in branding Famous infringement cases within the areas of intellectual property underline complex legal issues and stakes involved. Dongre and Ors.
SSPL was incorporated in 2004. When SSPL was incorporated in 2004, SK Oil Industries had assigned it the label’s copyright. According to SSPL, this practice was dishonest as it could make NTC benefit from the reputation and goodwill of SSPL’s brand name. Plaintiff’s Arguments. Defendant’s Response.
Lord of the Fries is an Australian casual dining fast food chain that started as a food truck in Melbourne in 2004. The brand owners would have no desire for Samwise Gamgee's stewed rabbit - let alone his chips with a nice piece of fried fish - albeit for a different reason than Gollum: the Lord of the Fries menu is entirely vegan.
It is to be mentioned that many products fall in different regulatory categories than those whereby they were registered in the country of origin, sometimes requiring additional technical documentation for its sanitary registration (Marketing Authorization-MA). Sentence 2004-00883 of June 7, 2018. Arias Regulatory Affairs Manager.
In an 83-page opinion, the Board dismissed this three-pronged opposition to registration of the mark PANERALUX for various goods in class 9 (e.g., Pumernickel's sales figures lacked industry context. Second, the survey tested aided rather than unaided awareness of the PANERA mark and therefore was deemed non-probative by the Board.
Court of Appeals for the Fourth Circuit has ruled that Bacardi's challenge to the USPTO's renewal of the registration for that mark may be heard in the federal courts. In 2006, Cubaexport was barred from paying the renewal fee for the HAVANA CLUB registration due to a trade embargo. See Bonehead Brands, LLC v. Bacardi & Co.
Louis Vuitton Malletier is a French fashion house and one of the most recognisable luxury goods brands in the world. It was awarded the world’s most valuable luxury brand for six consecutive years (2006-2012), topping even Chanel, Gucci, and Dior. MULTIPLE IP REGISTRATION AND THEIR PROTECTION.
For its opposition grounds based on sections 3(6) and 5(4)(b) TMA, GAP relied on a confidential settlement agreement (the Agreement) entered into between TfL and GAP in 2004, which GAP alleged would be breached both by the filing of the Application and the use of the Mark.
Evansville, Indiana – In 2004, the Coca-Cola Company launched its Full Throttle® energy drink brand, which was later apparently acquired by Monster Beverage Company (“Monster”) in 2015. From that transaction, Energy owns multiple trademark registrations including the three at issue in this case, U.S. Registration Nos.
As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. It demonstrates to a buyer where a product came from and how much he can trust that product based on the brand value associated with it. Trademark Infringement. Indirect Infringement. Registered Trademark.
As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. It demonstrates to a buyer where a product came from and how much he can trust that product based on the brand value associated with it. Trademark Infringement. Indirect Infringement. Registered Trademark.
The German publishing house, which owns the Bild and Die Welt brands, among others, claimed that adblockers interfere with the presentation of websites in browsers, thus breaching copyright. This oversight was eventually spotted and the team managed to extend the registration before it was gone for good. — 10.
The Geographical Indications of Goods ( Registration and Protection) Act,1999 provides provisions that prevent the G.I. This was the first product from India to be granted the GI tag in 2004. The court supported the farmers, which implied that the brand could not use the Nagpur orange GI tag. Darjeeling Tea is one such example.
Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Corporations must establish online identities, such as logos, slogans, product names, and brands, to build consumer awareness, loyalty, and trust.
This is one of the many misconceptions about IP that I’ve noticed since starting my business in 2004. If you design IP protection into the business through your agreements, choice of brand name and other identifiers you strengthen your position against the most common and damaging forms of copying in business.
Name saturation is an existential challenge for every industry that harnesses trademark law to protect its brand. You can explore what are known as non-conventional trademarks — sounds, colors, smells — to convey your brand messaging. A key difference arises, however, when comparing brand name and generic name confusion.
Where a defendant relies on a trade mark registration as a defence to infringement, the defendant remains protected against infringement until the registration is cancelled by the Court. Background FanFirm Pty Ltd is an Australian business that has operated since 1997 but incorporated in 2004. Sports fans.
With the fast-growing media and entertainment sector, the era of digital advertising for product branding and selling has also stepped up. With the fast-growing media and entertainment sector, the era of digital advertisement for the products branding and selling have also stepped up.
One comment from Sir Christopher Floyd suggests to me that he may not appreciate the problems (1) and (2) cause businesses who try to clear and launch new brands. But that is the system adopted elsewhere, such as the US, and while it can be painful the alternative is the increasingly impossible burden imposed at the brand clearance stage.
The claimant had goodwill dating back to 1992 and registrations from October 2015. The defendant had been using since 2013 with registrations from June 2015. The claimant successfully claimed infringement and the invalidity of the defendant’s registrations before HHJ Melissa Clarke sitting in the IPEC.
She highlights the issues and barriers to the registrability of smell-marks. She then uses this as the basis for claiming relaxations from the barriers to registrability of such marks. In a piece for Live Law, Eashan Ghosh critically analyses Section 22(4) of the Indian Designs Act, 2004. Other News from Around the World.
The plaintiff has been using its ‘Fly High’ mark since 2004 for managing and operating training institutes for people wishing to join the aviation, hospitality, travel and customer care management industries. The case, Frankfinn Aviation Services Private Ltd.
Applicant ADOL sought registration of the marks SKËNDERBEU and GJERGJ KASTRIOTI SKËNDERBEU (Stylized) for "beverages from wine distillates, namely, brandy and grape brandy." Priority: Applicant ADOL proved that it first used the subject marks in the United States in April 2004. ADOL Sh.p.k. See In re Bose Corp., ADOL owns a U.S.
1 v OHIM , C‑329/02 P, EU:C:2004:532, paragraph 23). 1 v OHIM , C‑329/02 P, EU:C:2004:532, paragraph 23). ” General Court of the European Union PRESS RELEASE No 120/21 Luxembourg, 7 July 2021 entitled “The Court gives a ruling for the first time on the registration of a sound mark submitted in audio format.”;
Image Sources : Shutterstock] A trademark’s removal from the trademark registration is the consequence of non-use. Also, IPAB and Indian Courts did not hesitate to cancel the registration of well-known International brands as it was observed in the case of Cadbury, Burger King and M/s Pops Foods Products (p) Ltd.
However, a caveat to this is that the use of a similar mark can still be permitted on different products or services, though it may not be eligible for registration as a domain name. [3] gov” is used for indicating government organization whereas “.edu” edu” is used for indicating educational institutions. [1] Sifynet Solutions Pvt.
Trademark registration is another available tool cannabis businesses should employ to protect their brand. Schmeiser, 2004 SCC 34. Businesses should also be aware that Health Canada has strict regulations surrounding the packaging design for cannabis products. For more information please contact: Poonam Tauh, Ph.D.,
The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on a brand-new decision issued by the General Court of the European Union on 3 July 2024 in an interesting design case (Case T-329/22). On 24 July 2020, Canalones Novokanal S.L.,
Effective and timely registration of IPs is now what the company strives for. cola brand is estimated to be worth US$80 billion. Probably with the large trend of IP awareness the companies are becoming more and more diligent in strictly making safeguarding their IP to the fullest. of GDP in 1998 to 3.4%
There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. The scam can be at various levels and multi-facet forms including mimicking websites, selling cheaper copies of brands or even stealing ideas of originators [4]. iv. Statutes Information Technology Act, No.21,
Given that finding and clearing a new brand purely from a legal perspective can take months, it is interesting to note that when a Defendant loses an infringement case it will almost certainly be ordered to rebrand within days, weeks at the most. The parties were back in court in January for a form of order hearing.
The Background Bolt Technology OU, an Estonian platform for ride-hailing and various services, alleged that its “BOLT” brand, established in 2018, carried a substantial international reputation. McCain Foods (Aust) Pty Ltd. 1992)) and English precedents, the court has previously held in N.R. Whirlpool Corpn. Allergan Inc.
Ensuring that a business holds all rights to enable it to make full use of its trade mark should be front of mind in any branding consideration. The Trade Marks Act 1995 (Cth) (the Act ) makes it clear under section 27(1) that an application for registration of a trade mark may be made if the person claims to be the owner of the trade mark.
Read Tejaswini’s post on the recent DHC order concerning these two liquor brands. The dispute pertains to the registered trademark of the Respondents which is a home insecticide brand ‘Dengue Don’. The Plaintiff has been using the infringed trademark ‘FLY HIGH’ since 2004. Wedding Bells or Warning Bells? Defendant no.
” Section 2(1)(m) of the Act provides : A ‘mark includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof.
Secondly, the Ethiopian government intended to increase their exporters control and bargaining power in the market, and thirdly, due to a large number of smallholder producers, the registration of GI was exceptionally difficult. An Unprecedented Precedent. The EIPO’s initiative has undeniably set a precedent for change.
Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention. The National IPR Policy of 2016 has resulted in increasing IP registration since its inception.
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