IP and Legal Filings

MARCH 7, 2022

A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

Trademark 89

Trademark Law Registering Trademarks Branding 89

The IP Law Blog

MAY 20, 2021

What happens when a junior trademark holder’s business becomes so popular and well known that it threatens to swamp the reputation of a senior mark holder? The senior mark holder brings a trademark infringement case alleging “reverse confusion” among its potential customers. After some discovery, Dropbox moved for summary judgment.

Trademark 98

Trademark Marketing Marketing Business 98

IP and Legal Filings

MARCH 7, 2022

A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

Trademark 84

Trademark Law Registering Trademarks Branding 84

IP and Legal Filings

JANUARY 30, 2023

Types of IPR Basically, there are four types of IPR Patent Trademarks Copyrights Trademark and Metaverse Trademark is the visual symbol that differentiate between trademarked goods and services from each other. Allegations of trademark infringement have already been made in several instances in Metaverse.

Intellectual Property 98

Intellectual Property Non-Fungible Tokens Trademark Copyright 98

Kashishipr

SEPTEMBER 20, 2021

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. SSPL was incorporated in 2004. When SSPL was incorporated in 2004, SK Oil Industries had assigned it the label’s copyright. Plaintiff’s Arguments. Concluding Remarks.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

Olartemoure Blog

MARCH 16, 2022

The SIC during its trademark registrability evaluation does not analyze the same criteria that INVIMA assesses. The trademark registration is not a mandatory requirement for the Marketing Authorization of all the products supervised by INVIMA. Sentence 2004-00883 of June 7, 2018. María Alejandra Pava Trademarks Director.

Registration 98

Registration Branding Brands Branding 98

IPilogue

FEBRUARY 1, 2023

Trademarking taquería is akin to trademarking “pizzeria” or “café.” ” However, Sonora Taquería is not the first business TW’s trademark is enforced against. Here, a trademark examiner would examine the understanding of the UK public when reviewing the “Taqueria” mark.

Cease and Desist 104

Cease and Desist Social Media Trademark Intellectual Property 104

LexBlog IP

DECEMBER 20, 2022

However, you might not be aware that there are many registered trademarks related to Christmas. The 2004 Warner Brothers film based on a 1985 children’s book has resulted in 14 registered trademarks for Warner Brothers. Twentieth Century Fox holds 2 trademarks based on its famous 1990 film of the same name.

Cease and Desist 52

Cease and Desist Trademark Registering Trademarks IP 52

Indiana Intellectual Property Law

AUGUST 6, 2021

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.

Cease and Desist 52

Cease and Desist Trademark Branding Brands 52

Corsearch

NOVEMBER 20, 2023

Name saturation is an existential challenge for every industry that harnesses trademark law to protect its brand. Read on as we explore how you can conquer the likelihood of confusion in your pharmaceutical trademarks. As more and more names are registered, fewer are available for use.

Trademark 59

Trademark Branding Brands Branding 59

IP and Legal Filings

AUGUST 6, 2021

Rejection of a trademark on the ground of bad faith is much common. Keep waddling International Pte Ltd (Applicant) used to sell their wines originating from Chile since April 2004. Section 7(5) states a trademark should not be registered if its use in Singapore is prohibited by any written law. Bad faith as a sole ground.

Registration 98

Registration Trademark Law Publishing 98

The IPKat

NOVEMBER 29, 2023

It, however, appears that the sign Crompouce® was registered as a trademark with the Benelux Office for Intellectual Property (BOIP) already in 2020 and the design was registered as a Benelux design in the same year. In the media, a discussion emerged among Dutch IP professionals about whether Crompouce® is a valid trademark?

Cease and Desist 77

Cease and Desist IP Trademark Designs 77

IP and Legal Filings

NOVEMBER 27, 2022

Trademark refers to the cumulation of distinctive sign/symbol, design, or combination which is exclusively associated with the products or services helping the targeted customers identify the same easily. Distinctiveness – under the Trademark Act, the term ‘mark’ includes ‘combination of colours’ making it intrinsically obscure.

Trademark 52

Trademark Branding Brands Branding 52

Selvam & Selvam Blog

APRIL 27, 2022

A trademark in Pakistan can be renewed for a period of 10 years. A request to renew a trademark in Pakistan should be made at any time during 6 months before the expiry of the trademark. Further, if the trademark is renewed for the second time it is mandatory to show evidence of use of trademark.

Trademark 40

Trademark Journalism Advertising Advertising 40

The IPKat

DECEMBER 17, 2022

Kat friend Marcel Pemsel, who will shortly publish as a full-fledged Guest Kat, already shares his thoughts on a recent trademark decision by the General Court concerning that favorite of trade mark questions: what does the specification of goods and services cover? Many terms have a clear and precise meaning.

Editing 129

Editing Art Law Licensing 129

IP and Legal Filings

FEBRUARY 16, 2023

Introduction Trademarks may include any distinctive sign or mark that contributes in differentiating goods or services those of the competitors. In order to maintain the owner’s rights, a trademark must be used and periodically renewed; otherwise, the proprietor might lose the validity and the right of enforcing the trademark.

Trademark 52

Trademark Registration Registering Trademarks Advertising 52

43(B)log

JUNE 19, 2023

14, 2023) I’ve been thinking a lot after Jack Daniel’s about the role of common sense in trademark. Judge Leval in scholarship, Trademark: Champion of Free Speech , 27 Colum. & Arts 187 (2004), and the Seventh Circuit in practice, are all about using common sense rather than doctrine to limit the scope of trademark rights.

Fair Use 81

Fair Use Trademark Advertising Advertising 81

Patently-O

MAY 13, 2022

Petitioner Gilbert Hyatt brought this action to challenge the Patent and Trademark Office’s secret rule, attested to by former agency officials and reflected in its official actions, to deny him further patents irrespective of the merit of his applications. 55 (2004), applies to claims seeking to set aside agency action under 5 U.S.C. §

Patent 133

Patent Inventor Patent Application Law 133

Selvam & Selvam Blog

NOVEMBER 3, 2022

vs Tata Sia Airlines Limited CS(COMM) 54/2022 was instituted by Frankfinn to refrain Tata from using their registered trademark ‘Fly High’. The plaintiff on the other hand contended that they were the original adopter, prior user, and registered proprietor of the mark ‘Fly High’ with use claimed since the year 2004.

Trademark 52

Trademark Social Media Registration Registering Trademarks 52

Selvam & Selvam Blog

AUGUST 28, 2023

FAO(OS)(COMM) 2 of 2022), involved a dispute as to whether displaying/ encouraging the use of a registered trademark of the Respondent to display third party’s website links, which were infringing the Respondent’s trademark, amounts to infringement. DRS Logistics (P) Ltd., (FAO(OS)(COMM)

Trademark 52

Trademark Registering Trademarks Advertising Advertising 52

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. 1 v OHIM , C‑329/02 P, EU:C:2004:532, paragraph 23).

Trademark 52

Trademark Registration Music Intellectual Property 52

IP and Legal Filings

DECEMBER 23, 2023

Therefore, with the increasing presence of commercial enterprises on web, it becomes apparent that domain name may be subject to norms applicable to other intellectual property rights such as trademarks. Akash Arora [8] , the plaintiff was the proprietor of the well-known trademark “Yahoo” and corresponding domain name, “Yahoo.com”.

Trademark 52

Trademark Registration Trademark Law Business 52

IP and Legal Filings

NOVEMBER 23, 2023

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. ii] 2003 VIIAD Delhi 405, 2003 (26) PTC 245 Del, 2004 (1) RAJ 10 [iii] The Trademarks Act, 1999. [iv] iv] The Copyrights Act, 1957. [v]

Intellectual Property 105

Intellectual Property Privacy Branding Brands 105

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

LexBlog IP

OCTOBER 25, 2021

A glaring issue with this practice is that many search terms in keyword advertising programs are already trademarked, and trademark owners have an affirmative duty to enforce their trademark rights. In August 2021 , 1-800 Contacts filed a complaint against Warby Parker alleging trademark infringement over search engine ads.

Advertising 52

Advertising Advertising Trademark Cease and Desist 52

Likelihood of Confusion

DECEMBER 11, 2023

2004), and the question of. One of the first posts on LIKELIHOOD OF CONFUSION® was about Gibson Guitar Corp. Paul Reed Smith Guitars, LP, 70 UPSQ2d 1911 (M.D. The post While my guitar gently weeps appeared first on LIKELIHOOD OF CONFUSION™.

Branding 59

Branding Branding Brands Trademark Law 59

Indiana Intellectual Property Law

DECEMBER 23, 2022

The United States Patent and Trademark Office issued Patent Nos. September 14, 2004. is not an authorized Gema distributor and upon information and belief, does not sell “new” Gema products but rather sells knocks-offs using the Gema Trademarks without authorization. First in Finishing, Inc.’s Registration No. Registration Date.

Trademark 40

Trademark False Advertising Patent Registration 40

43(B)log

AUGUST 26, 2024

Plaintiffs alleged that, since its founding (2004), Grubhub only included restaurants on its platform who agreed to appear. False association: Some plaintiffs failed to allege protectable trademarks, but this would be curable in an amended complaint.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

LexBlog IP

NOVEMBER 23, 2022

1795/2022, 3651-52/2022] recently deliberated whether the exclusive rights available to a trademark owner under the Indian Trade Marks Act, 1999 (‘ Act ’) would restrain a third-party from use of such trademarks in a descriptive or laudatory sense. Tata SIA Airlines Limited , [CS(COMM) 54/2022 & I.A.

Trademark 52

Trademark Registration Advertising Advertising 52

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

LexBlog IP

NOVEMBER 4, 2022

.” Ye claims the hamburger restaurant, located in Ivanhoe (a suburb of Melbourne), continues to have food on its menu named after the artist’s 2004 album and says neither his store nor products are approved for use by Ye. ” The document claims, “Ye has suffered, and will continue to suffer, loss and damage.”

Cease and Desist 52

Cease and Desist Intellectual Property Law Intellectual Property Branding 52

The TTABlog

DECEMBER 17, 2024

The International Trademark Association (INTA) has filed a proposed amicus brief with the U.S. The district court granted Plaintiff Cesari's motion for partial summary judgment on its trademark infringement claim, ruling that preclusion applied to the issue of likelihood of confusion based on a 2004 TTAB decision.

Trademark 45

Trademark Copyright 45

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. According to statistics, Louis Vuitton counterfeits accounted for 18% of all counterfeit items seized in the European Union in 2004!

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

The TTABlog

JUNE 17, 2024

In another chapter of the long-running battle over the HAVANA CLUB trademark for rum, the U.S. The EDVA district court had dismissed the case, reasoning that the Trademark Act precludes such an action, but the court of appeals held that the Administrative Procedure Act (APA) permits judicial review. pdf here ]. Text Copyright John L.

Registration 53

Registration Trademark Intellectual Property Licensing 53

Intepat

DECEMBER 18, 2024

Dimension Films (2004), where the court ruled that even a brief, unlicensed sample of copyrighted music could lead to copyright infringement. Failure to secure appropriate permissions for these elements can result in copyright infringement claims. A pertinent example is the case of Bridgeport Music, Inc.

Licensing 52

Licensing Copyright Public Domain Music 52

SpicyIP

APRIL 21, 2022

There had been an attempt via the 2004 Patent Ordinance to narrow pre-grant oppositions in terms of substance as well as in terms of representation by opposition parties – however this ordinance lapsed and the subsequent bill that replaced it in 2005 expanded it on both these counts, reinstating expansive pre-grants as a necessary safeguard.

Patent Application 131

Patent Application Patent Registration Publishing 131

The TTABlog

JANUARY 10, 2022

McCarthy , the leading treatise on trademark law explains that “[t]he concepts of ‘generic name’ and ‘trademark’ are mutually exclusive. Retail Servs., Freebies Publ’g , 364 F.3d 3d 535, 546 (4th Cir. Ampak, Inc. , 3d 57, 59 (4th Cir.

Trademark Law 75

Trademark Law Trademark Registration Government 75