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. Komal, Protection of non-traditional Trademarks: Issues and the Road Ahead, 11(2) TUCOMAT 695, 697 (2020). [2] 5] Trademark Act, 1999, §2, No.

Trademark 98

Trademark Registration Intellectual Property Intellectual Property Law 98

IP and Legal Filings

NOVEMBER 1, 2022

Regarding the IPR matters, Cambodia has issued the following legal documents: • Law concerning Marks, Trade Name and Acts of Unfair Competition dated January 8, 2002; • Law on Patents, Utility Model Certificates and Industrial Designs, in force since January 2003; • Law on Copyright and Related Right, in force since March 2003.

Trademark 52

Trademark Service Mark Intellectual Property Registration 52

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 52

Fair Use Cease and Desist Trademark Design 52

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 52

Fair Use Cease and Desist Trademark Design 52

SpicyIP

OCTOBER 16, 2024

MK Pharmaceuticals (2007). By allowing enterprises to claim exclusive rights over any colour variation of their logo, notwithstanding the extent of use or consumer recognition, the law can be seen to grant an overreaching protection to grayscale marks and stifle fair competition.

Trademark 105

Trademark Registration Branding Brands 105

LexBlog IP

JULY 21, 2021

As one commentator has noted, in the United States “[t]here is no inherent or statutory bar for a symbol that has acquired religious connotations and spiritual meaning to a group of believers to be protected as a commercial trademark, provided that certain legal conditions are met.” World Intellect. 75, 79 (2020). 3d at 1040 ].

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

The IP Law Blog

MARCH 2, 2021

In Romag , the Court examined whether a plaintiff in a trademark infringement action is required to show that a defendant willfully infringed the plaintiff’s trademark to obtain a profits award. But even if the Court put aside these issues, its own survey of the case law was less convincing than Fossil would have had the Court believe.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

LexBlog IP

SEPTEMBER 29, 2022

19 The distinctive character of a trade mark must be assessed by reference, first, to the goods or services in respect of which registration is sought and, second, to the perception of the relevant public (see judgment of 12 February 2004, Henkel, C‑218/01, EU:C:2004:88, paragraph 50 and the case-law cited).

Trademark 52

Trademark Registration Music Intellectual Property 52