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While NFT platforms are not yet specifically regulated, they are subject to the provisions on Electronic System Providers (“ESPs”) contained in several regulations, as follows: • Law No. 11 of 2008, dated April 21, 2008, regarding Electronic Information and Transactions, as amended by Law No 19 of 2016, dated November 25, 2016.•
2] Adidas vs. Payless ShoeSource: This 2008 case highlighted the importance of protecting a trademark within the fashion industry. It is this judgment that more or less laid the foundation of “trans-border reputation” in Indian trademarklaw. Dongre and Ors. V Whirlpool Co.
A critical issue to be addressed is whether these limited-edition products can get protection under IntellectualProperty (IP) law, just as regular products do, and if yes, then which is the most appropriate form of IP Protection ? Protection for Limited Edition Products under TrademarkLaw.
The presence of cryptocurrency is constantly growing, and therefore, it needs the law to transform along with it to address its administration and execution. Several courts have had trouble in applying substantive TrademarkLaw to this field of technology. Can Cryptocurrencies be Protected under the TrademarkLaw?
Abstract In the changing landscape of intellectualpropertylaw, Trademarks have gone beyond the traditionally used symbols, names, logos to enhance the non-traditional identifiers. Sound trademarks are one of the most special and widely used trademark in todays time which is considered as a non-conventional Trademark.
We are pleased to bring to you a guest post by Naman Keswani on the concept of naked licensing within trademarkslaw. Naman is a fourth-year student at the Hidayatullah National Law University, Raipur who has a keen interest in IntellectualPropertyLaw, especially TrademarkLaw.
Even though the last 250 GTO models were produced in the 60s, Ferrari had only registered a 250 GTO trademark with the European Union IntellectualProperty Office (‘EUIPO’) in 2008. Another car company, ARES Design, announced its plans to bring a modern take on the classic 250 GTO model in 2018.
19] Being able to distinguish one’s trademark falls at the centre of the trademarklaw, as otherwise, it is liable to be rejected under Section 9(1) of the Act. Sowmya Krishnan, Registrability of non-traditional trademarks: A critical analysis , 6 IJRAR 914, 916 (2019). 31] Trademark Act, 1999, §11, No.
He was unmistakably aware of the nuances regarding colours in trademarklaw. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] Notwithstanding the essence of this finding, this is too narrow an interpretation of the true spirit of trademarklaw. 18] Deere & Company v. .:
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