Biswajit Sarkar Copyright Blog

DECEMBER 19, 2023

Definition of MSME The MSME Development Act, established in 2006, witnessed a significant overhaul in its definition within the Atmanirbhar Bharat package on May 13, 2020. Subsidies offered for Patent and Trademark (in selected categories) registration, encouraging innovation and protecting intellectual property.

Settlement 52

Settlement Intellectual Property Registration Designs 52

SpicyIP

MAY 23, 2022

Moreover, Section 64 of the Copyright Act shows that on an action of seizure, the police officer can “seize copies of infringing works without a warrant.” Without the registration requirement, there is no need of any documentation to even claim ownership, before pointing at someone else for alleged infringement and opening them up to arrest.

Copyright 137

Copyright Ownership Copyright Infringement Law 137

SpicyIP

MAY 15, 2023

Considering that the petitioner is the prior user of the mark and has an earlier registration, Delhi High Court directs the Trademarks registry to remove the respondent’s allegedly similar mark. Since the petitioner has priority over both registration and the user of the said trademark, the court, thus, ordered the Ld.

Trademark 104

Trademark Registration Cease and Desist IP 104

IP Whiteboard

AUGUST 30, 2020

From some general Google searching, it seems common for people to download pictures of works they like and bring them to their tattooist to copy. According to Dr Marie Hadley from University of Newcastle: My unpublished research among tattooists in New Zealand suggests there can be a lot of pressure from clients to copy existing images. “I

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

43(B)log

APRIL 28, 2022

That is, even assuming that authorizing referential uses counted, he didn’t do anything after distributing the 1986 award until 2006, nearly twenty years. Plaintiff’s 1980s USFL registrations lapsed. The 2011 registrations were acquired from an unrelated entity. They based their priority on use beginning in 2006.

Licensing 45

Licensing Advertising Advertising Registration 45

The IPKat

MAY 9, 2024

018171305 ) as well as case law ( R-51/2006-4 , R-2069/2020 ). 018840401 for the padlock and for the pendants under EUTM registration no. 018153472 , EU trade mark no. 018734154 , EU trade mark no. 017959016 , EU trade mark no. 017970825 , EU trade mark no. 018171317 , EU trade mark no.

Marketing 49

Marketing Marketing Intellectual Property Designs 49

LexBlog IP

JULY 5, 2023

In 2006, Hetronic entered distribution and licensing agreements with Hydronic Steuersysteme GmbH (later purchased by Abitron Austria GmbH). The Lanham Act applies to persons who, without the consent of the trademark registrant, “use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark.[if]

Trademark 52

Trademark Marketing Marketing Contracts 52

IIPRD

MARCH 17, 2023

This regulation provides the responsibility of the manufacturer, and as per this regulation, product registration is not necessary. However, the manufacturing, storage, distribution, sale, and import of nutraceutical products come into the purview of the Food Safety and Standards Act of 2006 (FSSA).

IP 52

IP Intellectual Property Marketing Marketing 52

LexBlog IP

JULY 5, 2022

” [1] The best part about a copyright is that its registration is typically inexpensive and straightforward. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] Perrier Group of America, Inc. , 3d 114, 118 (2d Cir. 22] Inwood Labs. , 23] General Motors Corp.

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. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] Perrier Group of America, Inc. , 3d 114, 118 (2d Cir. 22] Inwood Labs. , 23] General Motors Corp.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

The IPKat

JUNE 23, 2022

The High Court revoked four EASYOFFICE registrations owned by easyGroup for non-use and held that the Defendant’s use of EASYOFFICE was not an infringement of those registrations anyway owing to, amongst other things, the availability of an honest concurrent use defence. Muzmatch has since rebranded as Muzz.

Branding 75

Branding Brands Branding Litigation 75

IIPRD

NOVEMBER 14, 2023

There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. Challenges in IPR Regulation in e-commerce As per a survey, around 38% online buyers experienced counterfeit products and 1/3 rd people have gotten copied products. 16] Rule 3, Information Technology Act, No.21,

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

SpicyIP

MARCH 25, 2024

Kunal Makkar & Anr on 14 March 2024, Delhi High Court Image from here The petition concerned alleged violations of a previous judgment where respondents undertook not to imitate, copy, manufacture, or sell shoes imitative of the petitioner’s designs. Christian Louboutin Sas & Anr v.s

Trademark 52

Trademark Patent Copyright Confidentiality 52

IIPRD

MAY 4, 2023

While branding may also be important, especially with larger, established companies, trademark protection is generally less critical because it may protect the name, but does not prevent competitors from copying the function or form of a medical device. 10] (2006) IIILLJ 540 Del. 9] Act 39 of 1970. [10]

Intellectual Property 52

Intellectual Property Invention Public Domain Patent 52

Barry Sookman

MARCH 24, 2020

It also used to exclude agreements of purchase and sale, that created or transfered interests in land and required registration to be effective against third parties. Determine how to provide the client with copies of the document executed remotely. Marini , 2006 CanLII 34269 (ONSC). 3] CPTPP Articles 14.5

Contracts 52

Contracts Law Business Technology 52

IP and Legal Filings

DECEMBER 6, 2023

2006 QB 125 : (2005) 3 WLR 881 : 2005 EWCA Civ 595. RFMLR (2018) 1 Titan Industries Limited v. Ramkumar Jewellers, CS (OS) No. 2662/2011 Douglas v. Emerging Trends in Publicity Rights in India : An Analysis Under the Intellectual Property Laws in India, 2 CMET (2015) 74 Zacchini v.

Privacy 105

Privacy Intellectual Property Law Intellectual Property Advertising 105

LexBlog IP

NOVEMBER 30, 2022

Meredith Corporation : In one case, the alleged infringement involved the copying of approximately 170 recipes, which were accompanied by “much other instructive and valuable matter and information for household and family purposes.” Since 2006, a third prime time game has also been played on Thanksgiving.

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. Sears/Compco said there was a right to copy things in the public domain; how did that go away? Similar with registration agencies—a firehose coming at them.

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. Courts don’t do really prong one beyond assessing access (not independently assessing copying). Questions: how does this doctrine interact with concurrent registrations?

Trademark 72

Trademark Copyright Branding Branding 72