The IPKat

JUNE 23, 2022

Given that finding and clearing a new brand purely from a legal perspective can take months, it is interesting to note that when a Defendant loses an infringement case it will almost certainly be ordered to rebrand within days, weeks at the most. The parties were back in court in January for a form of order hearing.

Branding 70

Branding Brands Branding Litigation 70

IIPRD

FEBRUARY 23, 2021

Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention. The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. Objective 5.11.1

IP 40

IP Intellectual Property Branding Brands 40

Kashishipr

AUGUST 18, 2021

In the Bainbridge judgment (2006), the court, in reference to a family of marks, said that “they reproduce in full the same distinctive element with the addition of an element, graphic, or word, which differentiates them from each other or when characterized by the repetition of a single prefix or suffix taken from an original mark.”

Trademark 105

Trademark Registration Branding Brands 105

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. This decision corrects a nine-year old blunder by the same Court in which it had refused relief due to absence of registration.

IP 136

IP Intellectual Property Copyright Trademark 136

Intepat

MAY 12, 2023

The Madrid Protocol allows a brand to protect itself on an international level and gives a user-friendly, cost- effective and expeditious set of procedures in a single application. After successful registration, the trademark is considered to be granted and protected in the member states.

Registration 52

Registration Branding Brands Branding 52

The IPKat

JULY 19, 2022

The event is open for registration here. The event is open for registration and more information about it can be found on the ALAI 2022 website. The symposium will take place on 23 September 2022 from 9:00am to 4:00pm. This year's meeting will focus on copyright, neighbouring and special rights.

Licensing 70

Licensing Intellectual Property Contracts IP 70

IIPRD

MAY 4, 2023

The portion of the total market that involves electronically enabled medical devices continues to expand. Moreover, the medical devices also favour design registration for their unique, innovative designs and copyright registration if have a software associated with the device. Grace & Co. 3] (1979) 2 SCC 511. [4]

Intellectual Property 52

Intellectual Property Invention Public Domain Patent 52

SpicyIP

MAY 15, 2023

Recently, tech brands Rario and Striker found themselves in a tussle over the exclusive right to use images and names of famous cricket players on their respective Online Fantasy Sports Platform. Case: Holyland Marketing Pvt. Single Judge, the court restrained Brompton and its associates from using the YSL marks.

Trademark 82

Trademark Registration Cease and Desist IP 82

LexBlog IP

JULY 5, 2022

” [1] The best part about a copyright is that its registration is typically inexpensive and straightforward. The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. § 102(a); see also Pride Family Brands, Inc.

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

Above the Fold

JULY 5, 2022

1] The best part about a copyright is that its registration is typically inexpensive and straightforward. The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. 102(a); see also Pride Family Brands, Inc. 3d 1314, 1320 (11th Cir.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

LexBlog IP

NOVEMBER 30, 2022

Varsity Brands , 137 S.Ct. Since 2006, a third prime time game has also been played on Thanksgiving. In 2022, the NFL branded the Thanksgiving games as the John Madden Thanksgiving Celebration, to honor the memory of head coach and broadcaster John Madden. [ Unlike the afternoon games, this game has no fixed teams.

IP 52

IP Intellectual Property Fair Use Trademark 52

43(B)log

FEBRUARY 23, 2024

You can also see it in Tam & Brunetti—little interest in how TM works, the relationship b/t registration and enforcement, even though that’s central to the Lanham Act. Similar with registration agencies—a firehose coming at them. What you’re seeing is cross-licensing/branding. This issue is not going to go away.

Trademark 45

Trademark Law Branding Brands 45

43(B)log

AUGUST 11, 2021

Significant rise in substantial similarity litigation starting in 2006—tripled. Share of 9 th Circuit opinions also exploded in 2006. Their studies: we might see tarnishment in the brand context, and stronger among conservatives. Control to tarnishment—They rated the brand as stronger if they saw the tarnishing stimuli.

Trademark 72

Trademark Copyright Branding Brands 72

Patently-O

DECEMBER 12, 2021

. § 1052(c) provides, in pertinent part, that the PTO must deny federal registration to a trademark if it “[c]onsists of or comprises a name, portrait, or signature identifying a particular individual except by his written consent….”

Registration 69

Registration Government Advertising Advertising 69