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Trademark Infringement Get So “Lucky”

IP and Legal Filings

The Respondent secured federal trademark registration for “Get Lucky” in 1986, and the Petitioner commenced offering garments employing the registered trademark “Lucky Brand” and term “Lucky” a few years later, in 1990. This case saw the issuance of several marks.

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Cancellation of a Registered Mark Based on Fraud in Section 15 Affidavit Not Allowed

LexBlog IP

On Wednesday, a divided panel of the Federal Circuit issued a precedential decision reversing the USPTO’s cancellation of a registered trademark (Great Concepts, LLC v. The Back Story In 2003, Great Concepts applied to register DANTANNA’S for restaurant services. Chutter, Inc., 2022-1212). In 2015, Chutter, Inc.

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Evergreening of Patents

Kashishipr

In 2002, the Federal Trade Commission, after an extensive inquiry, found out that over 75% of applications by generic pharmaceutical manufacturers were in some way or other involved in litigation initiated by the original patent holders. India changed its Patents Laws in 2005 to comply with the TRIPS Agreement. Conclusion.

Patent 105
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Fraudulent Incontestability Declarations: Textual Fidelity vs. Fraud Deterrence

Patently-O

18, 2023) , the Federal Circuit addressed whether fraud in a declaration of incontestability justifies cancelling the underlying trademark registration. Their disagreement centers on the scope of “maintaining” a registration and policy concerns over deterring false statements. I’m sure they are lovely.

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Vans v. FCB: Taking a Look at the Delhi High Court’s Restrictions on the Rights of Well Known Trademarks vis-a-vis Prior Use

SpicyIP

On this, the Court expressly held that the recognition as a well known mark will not give Vans an automatic, unabridged right to apply for rectification of FCB’s trademark. In this post, I have briefly discussed the judgement and analyzed what it could mean for the proprietors of well-known trademarks and other proprietors.

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The Interplay between Religious Sensitiveness and Trademark Law in India

IP and Legal Filings

The Trademarks Act of 1999 does not forbid the use of names of gods or goddesses, religious symbols, or figurines in and of themselves; But it simply limits the registration of the mark under the Trademarks Act’s Section 9(2)(b), as is shown while reading the clause. 4] Section 9(2)(b) of the Indian Trademarks Act, 1999.

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SpicyIP Weekly Review (July 31- August 6)

SpicyIP

Sabu Trade Private Limited vs The Registrar Of Trade Marks on 2 August, 2023 (Bombay High Court) The dispute pertained to the question of whether the Trademark Registry can make “typographical corrections” in registered trademarks? Passing a summary judgement, the Delhi High Court restrains the Defendant from using ‘Whitehat Sr.”