This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
The plaintiffs claim that Intershez and Shezan, LLC fraudulently registered Shezan Services trademarks in the United States and used these registrations to have U.S. The p laintiffs argue that after Intershez was dissolved in 2008, it falsely claimed ownership of the trademarks and used them to record with U.S.
The case concerned the Australian trade mark registration for the words "KATIE PERRY" (No. 1264761), which was registered in class 25 for "clothes" with a priority date of 29 September 2008. She settled on the brand name Katie Perry and started her own fashion label in 2007. Wikimedia : Creative Commons Attribution 2.0
Under the Indian Trade Marks Act of 1999 , if a sound is or has become a distinctive or unique symbol associated with one undertaking, it will be eligible for obtaining Trademark Registration. This article shall discuss the foundations of sound trademark registrations in India while giving examples of widely known sounds trademarks.
Protection of trademarks is important for the following reasons: Preservation of brand identity Prevention of customer confusion Business investment protection Fair Competition Innovation in branding Famous infringement cases within the areas of intellectual property underline complex legal issues and stakes involved. Dongre and Ors.
2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.
Non-conventional or Non-Traditional trademarks such as sounds, color, shape, scent or any other motion marks have emerged as a new innovative tools widely being used in the todays changing and competitive market era that redefine how brands connect with the public at large.
The name Beetlejuice, for example, has multiple registered trademarks related to it including registration number 4863369, which covers the use in “Clothing for men, women and children…”. They are part fashion, part artwork, part branding and part character. Trademark infringement, however, isn’t like copyright. Bottom Line.
Barclays purchases a number of Lehman Brothers businesses and accompanying goodwill back in 2008 as part of the bankruptcy proceedings. But, Barclays was not using the marks and allowed their registration to expire. Barclays opposed the whisky registration and also applied to re-register its mark.
Reports indicate that four well-known piracy brands have been reported to the police – the infamous Tamil Rockers, Tamil Blasters, and Tamil MV, plus popular mobile application Pikashow. The registration of the complaint was confirmed by Santosh Ram, station officer at the Bengaluru Police. That switch has proven more effective.
Abhishek, in two interviews ( here and her e ), has argued that the FSA explicitly stated that all brand, IPR, copyright, TMs (whatever that means) of the Lodha business, including Lodha and Lodha group, would belong to the Lodha Developers Private Limited (Macrotech Developers). In Parle Products v.
In 2008 Meenaxi began filling the US demand with its own version version of the drinks. Coca-Cola stepped-in in 2016 seeking to cancel Meenaxi’s mark registrations. But, the missing link was evidence that the US-based Indians and Indian-Americans were aware of the branding. consumers were aware of its Indian brands.
While they commonly consist of a brand name or logo, the shape of a product may also be an indication of its origin. Even though the last 250 GTO models were produced in the 60s, Ferrari had only registered a 250 GTO trademark with the European Union Intellectual Property Office (‘EUIPO’) in 2008. Key Takeaways.
Lokesh Vyas dwells on these questions in his post in the aftermath of SRAIs registration! He argued that he had obtained proper business licenses and trademark registrations and that there were significant differences in their product logos. Is a Script a Dramatic or a Literary work? Broad Peak Investment Holdings Ltd.
However, the Delhi High Court recently declared that the stylized “H” mark of French luxury brand Hermes International qualifies as a “well-known trademark” under the terms of section 2(1)(zg) of the Trademark Act, 1999 (hereinafter, the act). This is the extra protection that a brand obtains after being named Popular. 264/2008. [vi]
The annual list of popular torrent sites features well-known brands, and this year there are some notable additions. RARBG was founded in 2008 and specializes in high-quality video releases. The site’s registrations remain closed, however, and comments are still disabled. RARBG RARBG has remained steady over the past year.
Several times, we see that luxury brands come up with limited edition products, whether it is cars, watches, cosmetics, chocolates, electronics, etc., The brand does not create more of these to maintain the attractiveness and exclusivity associated with the limited or special edition products. In essence: ‘use it or lose it.’
The wine brand had been around since the nineteenth century but changed ownership a few times. Duca di Salaparuta appealed, arguing that when pre-existing national GI registrations were converted into EU unitary registrations, they were fully subject to the validity requirements of the 2008 Regulation on wines.
In an exhaustive and exhausting opinion, the Board granted petitions to cancel two registration for the mark OLD SCHOOL for various clothing items, on the ground of abandonment. The Board found that the registrant, despite claiming attempts to sell or license the mark, had discontinued use of the mark with an intent not to resume use.
Unlike other forms of IPR, copyrights subsist in works from the moment they are expressed in fixed form irrespective pf whether or not you have applied for a registration. Visibly, the most imitated brands around the world are Gucci, Louis Vuitton, Chanel, Michael Kors, Coach, Nike, Rolex etc.
We are pleased to announce that registration for the free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship is currently open. Registration DA-IICT extends a warm welcome to all eligible participants FREE of charge.
European trademark law requires genuine use of a trademark to maintain registration. Lack of use may cancel a trademark’s registration; as well, any oppositions based on a trademark without genuine use may not withstand a non-usage defense. . Tugce Kucukali is an IPilogue Writer and incoming LL.M. Hasbro v EUIPO.
To prove excusable nonuse,” the Federal Circuit states, “the registrant must produce evidence showing that, under his particular circumstances, his activities are those that a reasonable business[], who had a bona fide intent to use the mark in United States commerce, would have undertaken.”
Where a defendant relies on a trade mark registration as a defence to infringement, the defendant remains protected against infringement until the registration is cancelled by the Court. FanFirm registered the word mark, FANATICS , in Classes 9, 16, 24, 25, 32, 38 and 39 in 2008. Sports fans.
Moreover, the name earned by the brand helped it in establishing 81 retail outlets overall at different locations such as New Delhi, Pune, Noida, Bangalore, and Mumbai, and registered several trademarks for the brand of ‘THEOBROMA’ and for its different variants. Over time, it gained a good reputation and earned popularity.
The IPKat has received and is pleased to host the following contribution by former GuestKat Jan Jacobi (BarentsKrans) regarding a recent Dutch decision on free riding and declining reputation of a brand. Quite often, the IP of a bankrupt company is sold to a third party who continues operating all or some of the brands.
Can a well-known watch brand prevent the protection of another identical or similar trademark for other types of goods such as cosmetics? But does this mean that a famous mark can extend its status and prevent the registration of third parties’ trademarks for any goods or services?
He had been selling “METAL” branded clothing since the early 1990s, primarily through hard rock music magazines. This was apparently untrue and in a separate 2008 proceeding, the PTO concluded that this was a false statement, at least as to boots, and cancelled TA’s registration of the METAL mark. (decided Feb.
In the age of cryptocurrency, the first move was advanced by the introduction of Bitcoin, which was introduced in a white paper in 2008, and then it came to be launched in 2009. This, in turn, is rewarded with the newly created cryptocurrency. Since then, there have been more than 2500 cryptocurrencies.
Image Sources : Shutterstock] A trademark’s removal from the trademark registration is the consequence of non-use. Also, IPAB and Indian Courts did not hesitate to cancel the registration of well-known International brands as it was observed in the case of Cadbury, Burger King and M/s Pops Foods Products (p) Ltd.
However, he concludes that the recent stand of the Delhi High Court highlights that the judgment does not reflect an absolute bar over the arbitrability of disputes concerning trademarks, but rather it imposes a limitation only in relation to those matters which are concerned with the grant or registration of trademark. Thematic Highlight.
In July 2022, following an appeal, the EUIPO's Board of Appeal eventually revoked the Registration in respect of all the goods at issue, with the exception of ‘polo shirts’ and ‘sweaters’, finding that the evidence produced by Mr Noah showed genuine use of the Mark in the European Union during the relevant period.
Karanveer Singh Chhabra, emerges as a poignant saga, pitting the stalwarts of the liquor industry against each other in a quest for brand integrity and consumer trust. The plaintiffs have obtained registration in respect of their trademark in Class-33. Whether the consumers of such products be able to differentiate between both brands?
The famous brand Lays, during the ICC World Cup 2011 launched 6 new flavors, named after the countries playing the match, India, Sri Lanka, West Indies, Australia, England, and South Africa. Continuous use of the trademark is an essential requirement for not only registration but also for enforcing one’s right against infringement.
The USPTO refused registration of the proposed mark LE CHOCOLAT DES ILES & Design (shown below), for various chocolate products [CHOCOLAT disclaimed], including chocolate candy and chocolate-covered nuts, finding confusion likely with the registered mark ISLAND CHOCOLATES for "chocolate candies, chocolate covered nuts" [CHOCOLATE disclaimed].
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.
However, El Ranchero has only been selling tortilla chips and tostados under its EL RANCHERO word and design marks since as early as 2008. Both parties also introduced evidence that their products are sold and marketed at grocery and retail stores, online through their websites and social media, and through co-branding with beer companies.
Introduction The Indian fashion market is pegged at an impressive value of $50 billion, out of which 10% consists of international luxury brands. [1] This is evidenced as an artistic work enjoys protection throughout the life of the author plus sixty years; whereas a design only enjoys protection for 10 years from registration.
In the year 2008, both India and Pakistan discussed submitting a joint application to register basmati as GI in the European Union. Later this plan was dropped following the 2008 Mumbai terrorist attacks. Even though many countries domestically use basmati rice, it is geographically exclusive to certain districts of Pakistan and India.
Concluding that Coca-Cola failed to establish statutory standing based on lost sales or reputational injury, the CAFC reversed the TTAB’s decision [ TTABlogged here ] ordering cancellation of Meenaxi Enterprise's registrations for the marks THUMS UP and LIMCA for soft drinks. trademark rights in the THUMS UP or LIMCA brands."
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). ” Ardagh at par.
The Recording of Court Proceedings in 2008: In October 2008, Mihir discussed a case in the Supreme Court that considered recording its proceedings as a move toward judicial transparency. For collective marks, he argued that out of 10 collective mark registrations he examined, 9 were granted erroneously.
Section 72A of the IT Amendment Act of 2008 specifies the penalty for disclosing information in violation of a legal contract.” it has also launched its Amazon IP Accelerator program to provide assistance to its sellers who are also brand owners, it enables business owners to acquire and protect their Intellectual property.
Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention. The National IPR Policy of 2016 has resulted in increasing IP registration since its inception.
In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. Back in 2008, the Shenzhen Market Supervision Administration (MSA) set up a digital works recordation center, the so-called “Shenzhen Digital Works Recordation Center” ( 深圳数字作品备案中心 ).
We organize all of the trending information in your field so you don't have to. Join 9,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content