IP and Legal Filings

SEPTEMBER 12, 2024

The judgment made budget retailers realize the price they must pay for imitating established brands and stressed the virtue of originality in design, even within the lower end of the market. [3] As the markets are changing all the time, so will be the understanding and application of trademark law. Apple Inc. v Samsung Electronics Co.,

Branding 98

Branding Branding Brands Trademark 98

43(B)log

MARCH 1, 2022

Bell continues to market his 1982 72-page book, and also sells merchandise, “including t-shirts and posters that display the passage that was quoted in the tweets.” Not for nothing, the Second Circuit has wisely rejected assessing factor three by counting registrations. Effect on the market: Harm was implausible. NXIVM Corp.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

SpicyIP

AUGUST 8, 2023

The plaintiff’s case was a standard trademark infringement and passing off plea, founded upon its extensive advertisements, market share, goodwill and reputation and the defendant using a similar website and the word ‘MODERN’ in its marks.

Trademark 98

Trademark Registration Advertising Advertising 98

The IPKat

MARCH 2, 2022

Furthermore: how does the legal system of marketing authorization and other regulatory rights apply to personalized medicines? Hanna Tilus is a partner at Cirio law firm, where she specialises in the Life Sciences industry focusing on intellectual property, regulatory, marketing law and personal data protection (GDPR).

Intellectual Property 95

Intellectual Property Intellectual Property Law IP Patent Law 95

The IPKat

NOVEMBER 3, 2023

Nedim Malovic discussed the recent referral to the CJEU from the Swedish Patents and Market Court of Appeal involving dining tables and the requirements for copyright protection. 8(4) EUTMR, brought by Tesla against the registration of the word ‘GIGABIER’ by a German Company.

Art 72

Art Copyright Patent Application IP 72

The IPKat

NOVEMBER 11, 2021

For market leaders in the developed world, intellectual property investment in many low- and middle-income countries (LMICs) can be a risky prospect. Compare those patent registrations to the trends in smoking rates and it tells a concerning story. annually during the past 10 years. In 2005, 21% of adults in the U.S.

Intellectual Property 122

Intellectual Property Patent IP Technology 122

IP and Legal Filings

NOVEMBER 10, 2024

Encouraged by the success of Dream11, several other platforms entered the market, allowing people to form teams across various sports like football, kabaddi, basketball, and cricket. An uncertain approach by different states to regulations is a hindrance in the fantasy sports market. This may bring homogenization across all states.

Reporting 52

Reporting Licensing Law Government 52

The IPKat

APRIL 1, 2024

The examiner of the EUIPO held that it was not an abstract colour mark but a figurative mark and refused registration for lack of distinctiveness ( Art. The history of the registration has been covered here. This may include surveys or market studies and statements from professional bodies or the specialised public. 7(3) CTMR ).

Art 83

Art Registration Marketing Marketing 83

SpicyIP

JULY 19, 2021

She highlights the issues and barriers to the registrability of smell-marks. She argues for considering the original role of trademark as preventive of taking undue advantage of someone else’s labour and goodwill which benefits market efficiency by implication. Call for Submissions: The IP Press Law Review Vol.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

43(B)log

SEPTEMBER 8, 2021

market for mixing tips used by dentists to create impressions of teeth for dental procedures, such as crowns. trademark registrations for particular colors on mixing tips. 2004), or the colors of pills in Inwood v. Sulzer Mixpac AG v. A&N Trading Co., 19-2951 (2d Cir. 18, 2021) The parties compete in the U.S.

Advertising 75

Advertising Advertising Marketing Marketing 75

IP and Legal Filings

MARCH 7, 2022

The owner of a trademark is only protected if the trademark is registered with the Indian trademark registration. Trademark infringement occurs when a person who is not allowed to use a trademark does so in any way that benefits him (either financially or in terms of market position). Registered Trademark. Remedies Available For Owner.

Trademark 89

Trademark Law Registering Trademarks Branding 89

The IPKat

SEPTEMBER 26, 2022

It prohibits the registration and use of signs that are “detrimental to socialist morality or customs, or hav[e] any other adverse effect”. trade marks in its tea business since 2013 and has gained significant market recognition. Background [ Case reference: 1st instance: Administrative Judgment No. Registered on 14 March 2008).

IP 88

IP Marketing Marketing Business 88

IP and Legal Filings

MARCH 7, 2022

The owner of a trademark is only protected if the trademark is registered with the Indian trademark registration. Trademark infringement occurs when a person who is not allowed to use a trademark does so in any way that benefits him (either financially or in terms of market position). Registered Trademark. Remedies Available For Owner.

Trademark 84

Trademark Law Registering Trademarks Branding 84

The TTABlog

NOVEMBER 25, 2024

Tripleye was dealt an early blow when the Board refused to take judicial notice that "autonomous vehicles are (or will be when they reach the market) expensive purchases," due to the vagueness of the statement and the lack of unquestionable evidence in support. Perhaps on a more developed record we would find otherwise.

Registration 56

Registration Designs Design Marketing 56

Selvam & Selvam Blog

NOVEMBER 3, 2022

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. vs Gujarat Co-Operative Milk marketing federation LTD. & The case, Frankfinn Aviation Services Private Ltd.

Trademark 52

Trademark Social Media Registration Registering Trademarks 52

IIPRD

JUNE 29, 2022

Shield strategy: Registering all works and establishing a large IP portfolio function as a “shield” against competitors’ possible copying of their designs, allowing the brand to keep its market dominance. MULTIPLE IP REGISTRATION AND THEIR PROTECTION. ” REGISTRATION OF DOMAIN AND COMBATING THE CYBER SQUAT.

Intellectual Property 98

Intellectual Property Branding Branding Brands 98

Canadian Intellectual Property Blog

OCTOBER 14, 2020

It has been almost two years since the federal legalization of cannabis, and Canada’s legal cannabis market is quickly blossoming into a massive industry. The market is constantly growing with many US states (e.g., Market research predicts that the global legal cannabis market could reach CAD $100 billion by 2027 [1].

Intellectual Property 52

Intellectual Property Intellectual Property Law Designs Design 52

The IPKat

NOVEMBER 27, 2023

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.

Editing 72

Editing Registration Branding Branding 72

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement.

Trademark 98

Trademark Social Media Advertising Advertising 98

The TTABlog

APRIL 6, 2022

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.

Ownership 52

Ownership Registration Trademark Contracts 52

Corsearch

NOVEMBER 20, 2023

A study published in 2018 found that overall incidents of drug name confusion of all types had decreased when comparing two periods, 2000-2004 and 2012-2016 1. That said, as the market becomes more congested, that work becomes more and more challenging to maintain and improve.

Trademark 59

Trademark Branding Branding Brands 59

IP and Legal Filings

FEBRUARY 16, 2023

What Is Non-Use Of Trademark Eventually trademarks serve as effective marketing tools for their owners. Image Sources : Shutterstock] A trademark’s removal from the trademark registration is the consequence of non-use. The principal consequence of non-use on a trademark is its removal from the trademark registration.

Trademark 52

Trademark Registration Registering Trademarks Advertising 52

IIPRD

SEPTEMBER 30, 2021

The major impact that IP is making in the market is unfathomable. Effective and timely registration of IPs is now what the company strives for. Some facts were: In the US, nearly 40% of the market value of an average company is absent from its balance sheet. In 2005, Qualcomm generated about 58% of its $5.7

IP 52

IP Licensing Intellectual Property Marketing 52

LexBlog IP

SEPTEMBER 29, 2022

They are marketed through different, yet related, channels of trade (sports and entertainment, which were melded together as ESPN’s original name ). 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). ”; see also ILN Today, July 15, 2021.

Trademark 52

Trademark Registration Music Intellectual Property 52

IIPRD

OCTOBER 4, 2022

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 40

Intellectual Property Registration Trademark Licensing 40

SpicyIP

FEBRUARY 12, 2024

Case Summaries Gujarat Cooperative Milk Marketing v. The plaintiff submitted that though their “Sufiyana” mark has not been registered, they have been using the same since 2014/ 2018 and thus have gathered a substantive goodwill in the market. The Plaintiff has been using the infringed trademark ‘FLY HIGH’ since 2004.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

Biswajit Sarkar Copyright Blog

JANUARY 19, 2022

Since domain names have a worldwide outreach, its registration is done by an international organization called the Internet Corporation for Assigned Names and Numbers (ICANN). Even before applying for registration, the registrant will have to check whether his domain name is similar to any other registered domain name in the WHOIS.

Registration 52

Registration Trademark Cinema Business 52

IP and Legal Filings

NOVEMBER 27, 2022

Representation – When the general public and its user associate the colour combination with the brand which in return intensifies the market value of the brand and prohibits others from utilising the goodwill of the brand in question. The mark should be ruled out from the registration because it does not contain a distinctive character.

Trademark 52

Trademark Branding Branding Brands 52

SpicyIP

DECEMBER 8, 2023

Since Bolt Technology OU lacked a commercial presence in India, its app downloads in the country were rendered inconsequential as users could not access Bolt’s services locally, failing to establish a “ substantial reputational spillover ” into the Indian market Reputation and Goodwill: Not Really ‘Tomato-Tomahto’?

Technology 59

Technology Trademark Business Branding 59

IIPRD

NOVEMBER 14, 2023

of the population of India having ingress to the world wide web and ever growing e-commerce market which is forecasted to reach about twenty billion euros by 2030, it becomes pertinent to analyse the interconnect between these two. [1] Kiren Willy, India: e-commerce market size 2030 | Statista , [link] (last visited Sep 7, 2023).

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

The IPKat

JUNE 23, 2022

In most trade mark cases waiting a little longer to see the Defendant off the market would not, in my view, cause the Claimant a huge additional loss. Those who think that securing a registration without encountering an opposition means you’re safe should think again! The judge was very much in the former camp.

Branding 75

Branding Branding Brands Litigation 75

Technology & Marketing Law Blog

AUGUST 11, 2023

The court says it’s immaterial that there is a potentially long time delay between user registration and the purchases. July 27, 2023) Kass created a PayPal account in 2004. The post More Chaos in the Law of Online Contract Formation appeared first on Technology & Marketing Law Blog. PayPal, Inc. , 22-2575 (7th Cir.

Contracts 98

Contracts Law Reporting Blogging 98

Intepat

OCTOBER 6, 2024

As a result, businesses are leveraging patents to secure their innovations in green technology, ensuring they stay competitive in a market that values sustainability. Globalization and Harmonization of Patent Systems The globalization of markets and the interconnectedness of economies are driving the need for a more harmonized patent system.

Patent 52

Patent Intellectual Property Inventor Technology 52

IIPRD

FEBRUARY 23, 2021

The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. The National IPR Policy of 2016 has resulted in increasing IP registration since its inception. The pendency in IP registration applications have also decreased. Objective 5.11.1

IP 40

IP Intellectual Property Business Branding 40

IP and Legal Filings

DECEMBER 31, 2024

3] This move aims to provide investor safety measures and support orderly expansion in the real estate sector and market, as proposed in a Consultation Paper. However, when ownership is represented digitally through tokens, additional legal issues arise, notably in terms of ownership registration, transferability, and enforcement of rights.

Ownership 97

Ownership Contracts Due Diligence Editing 97

SpicyIP

DECEMBER 31, 2024

2024 has been an explosive year for IP developments in India, with more IP divisions coming up in different High Courts, an increasing number of IP registrations and an overall higher degree of attention on IP issues in the country. to clarify that registration does not grant exclusive right in a part of the mark.

IP 105

IP Invention Patent Copyright 105