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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.
It is this judgment that more or less laid the foundation of “trans-border reputation” in Indian trademarklaw. 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.
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™.
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 trademarklaw. Indian Trademark Act, Section 29(4) (1999). 1125(c)(2)(B) (1996).
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 trademarklaw is to avoid consumers being confused about the origin or source of products or services.
McCarthy , the leading treatise on trademarklaw 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.
Name saturation is an existential challenge for every industry that harnesses trademarklaw 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.
“The first step in determining whether an unregistered mark or name is entitled to the protection of the trademarklaws is to categorize the name according to the nature of the term itself.” Platinum Fin. 3d 722, 727 (7th Cir. ” Int’l Kennel Club of Chi., Mighty Star, Inc., 2d 1079, 1085 (7th Cir. Sullivan v.
Trademark owners have sued both search engines and advertisers who purchase the keywords, alleging that the use of their trademark in this capacity creates a likelihood of confusion among consumers. Alternatively, should trademark owners have a responsibility to aggressively protect their intellectual property?
Pramod Borse [9] , the plaintiff was the registered owner of trademark “Bisleri” and the defendant had registered an identical/deceptively similar domain name “Bislari.com”. After examining the facts, the court held that the owner of trademark had the exclusive right to register the trademark as a domain name under the trademarklaw.
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. The trademark legislation of 1999 protects Indian trademarks. Landmark Judgements Of Trademark Infringement. MilmetOftho Industries and others (MOI) v. Allergan Inc. (AI)[2004].
It has marketed its software under the name “SmartSync” since 2004 and obtained a trademark for SmartSync in 2007. Ironhawk develops computer software that uses compression technology to allow for the efficient transfer of data, especially in “bandwidth-challenged environments.”
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. The trademark legislation of 1999 protects Indian trademarks. Landmark Judgements Of Trademark Infringement. MilmetOftho Industries and others (MOI) v. Allergan Inc. (AI)[2004].
Moreover, as the 1987 report notes, IP litigation was very limited at that time, except for trademarklaw. Then in 2004, IIT Kharagpur’s Rajiv Gandhi School of IP came into being with generous funding from US billionaire Vinod Gupta. Out of those limited numbers, even fewer taught.
1 v OHIM , C‑329/02 P, EU:C:2004:532, paragraph 23). Here in a nutshell is the query the Court addressed: 16 Under Article 7(1)(b) of Regulation 2017/1001, trade marks which are devoid of any distinctive character shall not be registered.
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. TRA/159/2004/TM/DEL] [iii] K.R REFRENCES [i] M/S. Nichols (Vimto) Limited v. M/s Kellog Co., [TRA/159/2004/TM/DEL] Beri & Co.
Since trademarklaw protects domain names against cybersquatting, trafficking and trading, the court granted punitive damages and directed the defendant to transfer the domain name to the plaintiff. 3] AIR 2004 SC 3540. [4] The court further observed that the domain name “arunjaitley.com” had been registered in the bad faith.
But the court held that “the FAQs as a whole do not qualify or dispel the notion that Brenner was the one who discovered NR and that he did so in 2004.” Elysium also counterclaimed, and ChromaDex kicked out some of them while Elysium got partial summary judgment on the falsity of a statement that ChromaDex was the only seller of NR.
Unlike UDRP, it is governed by the Arbitration & Conciliation Act, 1996 and hence, binding in the court of law 8. Despite no separate law on the protection of domain name, Indian courts have, over the years, given protection under the trademarklaw. Judicial Decisions.
Appointed to the Delhi High Court in 2004 where he served until May, 2019 before assuming the role of chief justice of the Rajasthan High Court and eventually being appointed to the Supreme Court in September 2019. There is much to say about Justice Bhat’s career on the bench especially his courage on the bench.
The court starts its trademark analysis nostalgically: “Turn back the clock to the Internet’s nascent age—1999.” The court recounts the perennially problematic Brookfield case and how the 2004 Playboy v. ” (How about this: let’s not). Netscape and 2011 Network Automation cases modified it.
Putting an End to some long standing Trademark Disputes Some of the longest-running battles in Indian TrademarkLaw have finally reached their conclusions! While these cases raised critical questions in TrademarkLaw, what truly unites them is the sheer time it took for the courts to deliver a verdict.
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