IP and Legal Filings

OCTOBER 31, 2023

In the United States as well, trademark laws prohibit the trademarking of generic terms because it would give someone a monopoly on a product. Image Sources: Shutterstock] Brief background Booking.com is a website for booking travel and lodging services that has been using the domain name “Booking.com” since 2006.Company

Trademark 59

Trademark Trademark Law Registration Fair Use 59

IP and Legal Filings

AUGUST 11, 2023

19] Being able to distinguish one’s trademark falls at the centre of the trademark law, as otherwise, it is liable to be rejected under Section 9(1) of the Act. vs. Arvindbhai Rambhai Patel, AIR 2006 SC 3304. [7] Brandon & Co. [23] 24] (emphasis supplied). Patel v Chetanbhat Shah & Anr., Charles & T.

Trademark 98

Trademark Registration Intellectual Property Intellectual Property Law 98

LexBlog IP

JULY 5, 2023

On June 29, 2023, the Supreme Court adopted a restrictive view of the extraterritorial application of the Lanham Act, holding that federal trademark law cannot support a claim for trademark infringement against solely foreign conduct. The case is Abitron Austria GmbH v. Hetronic International, Inc.

Trademark 52

Trademark Marketing Marketing Contracts 52

SpicyIP

JUNE 13, 2024

Mountain Valley Springs, the plaintiff, has been marketing its products under the trademark (TM) “Forest Essentials” since 2000, claiming extensive reputation and goodwill, especially for their Ayurvedic products, including a baby care segment launched in 2006. Case Overview: What were The Parties even Fighting for?

Branding 55

Branding Brands Branding Marketing 55

Intepat

MAY 12, 2023

According to the report, the unit of sales of the Honda brand in 2010 in the target market was considerably lesser despite efforts to improve and improvise their brand strategy. The duplicate brands/dummy brands kept forging the market of the original Honda Motors Co. to eliminate this threat.

Registration 52

Registration Branding Branding Brands 52

Technology & Marketing Law Blog

JUNE 8, 2024

We usually get ours at the local farmers market.] In an April 2023 summary judgment ruling , the plaintiff established that it “possesses the legally protectable, incontestable trademarks TEXAS TAMALE and TEXAS TAMALE COMPANY.” CPUSA2 appeared first on Technology & Marketing Law Blog. ” Say what?

Trademark 129

Trademark Advertising Advertising False Advertising 129

IP and Legal Filings

FEBRUARY 20, 2024

However, it may be more appropriate to consider trademark law as a comparable framework for comprehending the extent of the personality right. This is called personality merchandising or ” marketing of one’s persona. National Law School of India Review , 31 (1), 125–148. L., & Lemley, M.

Personality Rights 92

Personality Rights Privacy Social Media Intellectual Property 92

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. If a sub-brand performs the function, as Asava possibly does in this case, it must be treated as a trademark.

IP 143

IP Intellectual Property Trademark Copyright 143

SpicyIP

NOVEMBER 11, 2024

Image from here Trademark law has an interesting concept—generic disparagement that goes a bit further than general disparagement. It arguably has a market share of around 45%. All this was to create a market for its newly launched chocolate, “Alphine Super Oats.” Dabur India Ltd.

Marketing 110

Marketing Marketing Advertising Advertising 110

Patently-O

DECEMBER 12, 2021

Lemley, What the Right of Publicity Can Learn from Trademark Law , 58 Stan. 1161, 1162 (2006) (“[T]he courts have developed no meaningful counterweight to this ever-expanding right [of publicity]. Dogan & Mark A.

Registration 69

Registration Government Advertising Advertising 69