Technology & Marketing Law Blog

JULY 25, 2021

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. In 2008, it launched its successful “Align” yoga mat line. Aliign sued lululemon for trademark infringement. lululemon appeared first on Technology & Marketing Law Blog.

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Kashishipr

DECEMBER 15, 2021

For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. In simple terms, the shape must be highly recognizable, noticeably distinct from other products in the market, and offer a clear indication of the origin of the product. Registration took two years.

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Garrigues Blog

FEBRUARY 5, 2024

regarding the use of the ZARA trademark. We will examine the impact of the ruling in cases involving the use of third-party trademarks. They claimed the lawfulness of such use under the limitations specified in Article 37 of the Trademark Law, both in its original version and as modified by Directive 2015/2436.

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Trademark Trademark Law Advertising Advertising 59

SpicyIP

SEPTEMBER 28, 2023

We are pleased to bring to you a guest post by Naman Keswani on the concept of naked licensing within trademarks law. Naman is a fourth-year student at the Hidayatullah National Law University, Raipur who has a keen interest in Intellectual Property Law, especially Trademark Law.

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Licensing Registration Trademark Trademark Law 105

Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” In 2008, Congress added 17 U.S.C. § Copyright Office, Annual Report of the Register of Copyrights, Fiscal Year Ending September 30, 2008 , at 12–13 (2008). The post U.S.

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Registration Blogging Copyright Design 98

Patently-O

SEPTEMBER 17, 2023

The Federal Circuit’s pair of decisions provide guidance on how logos factor into the design patent infringement inquiry, and begin to tease-out differences in policy concerns underlying design patent law versus trademark law. For trademark infringement under the Lanham Act, likelihood of consumer confusion is a key requirement.

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The IP Law Blog

APRIL 1, 2021

He gradually expanded his offerings to a variety of markets, including motorcyclists, skaters, lumberjacks and “headbangers.”. 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.

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Garrigues Blog

SEPTEMBER 29, 2021

Trademarks displayed in audiovisual works can be a real headache if the associated legal aspects fail to be taken into account. Both Spanish and European trademark laws and case law have shed some light in this regard. However, there are still some grey areas clouding this issue.

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Trademark Trademark Law Television Registering Trademarks 52

IIPRD

JUNE 8, 2024

A thriving market for knockoffs has resulted from influencers’ endorsement of more reasonably priced alternatives to high-end products. However, the protection of fashion designs by trademark law is not perfected. Most of the people are not even aware of such laws in place and hence legal awareness is the need of the hour.

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IP and Legal Filings

APRIL 10, 2025

The current statute provides protection of these celebrity rights under trademark law, copyright law as well as passing off action for infringing the said rights. Celebrities hold goodwill in the market and are entitled to make money out of their public persona. under the trademark laws.

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SpicyIP

MAY 17, 2024

Interestingly, the judgment (dated May 1, 2024) by the Delhi High Court covers multitude of legal intricacies of trademark regime, making this judgement a rich resource for a trademark law enthusiast seeking a holistic understanding of the subject. Pfizer Products Inc., (the

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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. 34] Haptic Trade Mark Application (Case I ZB 73/05) [2008] E.T.M.R. Brandon & Co. [23] 24] (emphasis supplied).

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Trademark Registration Intellectual Property Intellectual Property Law 98

IP and Legal Filings

FEBRUARY 16, 2023

In order to maintain the owner’s rights, a trademark must be used and periodically renewed; otherwise, the proprietor might lose the validity and the right of enforcing the trademark. What Is Non-Use Of Trademark Eventually trademarks serve as effective marketing tools for their owners. M/s Kellog Co., [TRA/159/2004/TM/DEL]

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IP and Legal Filings

MAY 8, 2024

Enterprises A proprietary concern at 155, Gurunanak Timber Market, Dhar Road, Indore (Madhya Pradesh) Brief Facts Plaintiffs are in business of manufacturing and distribution of wines, liquors and spirits. They manufacture and sell whisky in the name of ‘Blenders Pride’ and ‘Imperial Blue’. Deejay Distilleries (P) Ltd.

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SpicyIP

OCTOBER 23, 2023

Instead, the new policy was going to allow only one government owned pharmaceutical company to manufacture Oxytocin which would then be marketed through only one government owned distributor. The case was filed before the Delhi High Court in 2008 and heard by Justice Bhat.

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LexBlog IP

SEPTEMBER 29, 2022

They are marketed through different, yet related, channels of trade (sports and entertainment, which were melded together as ESPN’s original name ). As one Indian lawyer noted , “At a later stage, India adopted the provisions of the EUIPO (European Union Intellectual Property Office) and came up with the Trademark Rules of 2017.

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Trademark Registration Music Intellectual Property 52

SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients. Let’s see how it unfolded.

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IP and Legal Filings

NOVEMBER 23, 2024

It serves as an essential element in making up the brand identity, customer loyalty, and market differentiation. A strong trademark opens the door for instant recognition and emotional connection with the consumers such as the infamous Nike’s “swoosh” [2].

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Technology & Marketing Law Blog

NOVEMBER 27, 2023

I disagreed , and continue to think the Court will uphold the constitutionality of Section 2(c), but the question is what free speech doctrine(s) the Justices will use to make this determination and whether they will provide additional guidance on evaluating First Amendment challenges to trademark laws.

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