article thumbnail

Bombay High Court Rules that Copyright Registration of a Label is not Compulsory

Kashishipr

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.

article thumbnail

Landmark Trademark Battles: Shaping Brand Protection Globally and in India

IP and Legal Filings

It is this judgment that more or less laid the foundation of “trans-border reputation” in Indian trademark law. Whirlpool was able to claim rights over its trademark in this country, even though it didn’t have a physical presence here and did not have any registration at that time. Dongre and Ors. Apple Inc.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

While my guitar gently weeps

Likelihood of Confusion

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™.

Brands 59
article thumbnail

An Explorative Study on the Liability of Domain Name Registrars with reference to Trademark Infringement.

IP and Legal Filings

However, the same process does not include any examination or verification to determine whether the domain name is distinctive or capable of distinguishing itself from the competition, i.e., existing domain names that are clearly in violation of trademark law. Indian Trademark Act, Section 29(4) (1999). 1125(c)(2)(B) (1996).

article thumbnail

Trademark Infringement in the Digital Age

IP and Legal Filings

Using trademarks in domain names, linking, framing, meta-tagging, and framing are a few methods that could lead to trademark challenges. Cybersquatting is another type of trademark infringement. A fundamental tenet of trademark law is to avoid consumers being confused about the origin or source of products or services.

article thumbnail

E.D. Va. District Court Upholds TTAB Decision Finding "GRUYERE" Generic for Cheese

The TTABlog

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.

article thumbnail

Conquering Likelihood of Confusion in Pharmaceutical Trademarks

Corsearch

Name saturation is an existential challenge for every industry that harnesses trademark law to protect its brand. 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.