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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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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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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. In 2006, Chutter, Inc.’s

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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.

Patent 105
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SpicyIP Weekly Review (March 18- March 24)

SpicyIP

Zydus Lifesciences Limited, on 13 March 2024 (Delhi High Court ) The case centered on the establishment of a confidentiality club in a biosimilar litigation dispute. Furthermore, directives were issued to domain registrants and relevant government departments to suspend access to infringing websites.

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Spicy IP Weekly Review (December 11 to December 17)

SpicyIP

He is interested in IP law, and commercial and criminal litigation. Ankit Sahni’s AI “Co-authored” Artwork Denied Registration by US, Continues to be Registered in India Can AI (co)author art? US Copyright Office says no to “RAGHAV”s work, even as the same work remains registered as a copyright in India.

IP 59
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SpicyIPWeekly Review (December 4- December 10)

SpicyIP

The DHC’s verbose order distinguishing between ‘goodwill’ and ‘reputation’ resets the debate on the fundamentals of transborder reputation claims in trademark litigation. An interim injunction was granted to the plaintiff in 2006 and the suit was pending for 17 years. Rajesh Chawla & Ors.