JIPL Online

APRIL 7, 2021

[viii] This massive dichotomy in prices forces fans to choose between the Scylla of paying hundreds of dollars for a jersey to support their favorite team because of sports licensing monopolies, and the Charybdis of perpetuating trademark infringement by knowingly or unknowingly patronizing these shady, unregulated vendors. (ii)

Marketing 98

Marketing Marketing Licensing Trademark Law 98

Kashishipr

DECEMBER 15, 2021

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. Another car company, ARES Design, announced its plans to bring a modern take on the classic 250 GTO model in 2018.

Trademark 105

Trademark Intellectual Property Registration Designs 105

IP and Legal Filings

SEPTEMBER 12, 2024

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 trademark law. Dongre and Ors. V Whirlpool Co.

Branding 98

Branding Brands Branding Trademark 98

IP and Legal Filings

FEBRUARY 20, 2023

However, the same process does not include any examination or verification to determine whether the domain name is distinctive or capable of distinguishing itself from the competition, i.e., existing domain names that are clearly in violation of trademark law. 1, 8-72, (2008). first appeared on IPLF.

Trademark 98

Trademark Registering Trademarks Registration Trademark Law 98

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.

Licensing 105

Licensing Registration Trademark Trademark Law 105

SpicyIP

FEBRUARY 9, 2025

In Trademark law, it is important to determine if the mark is being used to offer goods and services similar to the ones for which it is registered. Parle Agro (2008), the BHC said that where both parties enjoy a TM due to their lineage from the family, one cannot restrict the other from using the name. In Parle Products v.

Branding 59

Branding Branding Brands Business 59

IPilogue

AUGUST 2, 2021

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. . Photo Credits: BP Miller ( Unsplash).

Trademark 59

Trademark Registration Trademark Law Intellectual Property 59

IP and Legal Filings

DECEMBER 17, 2024

The Trademark law in India, known as Trade Marks Act, 1999, comes into force according to the rules established under the International Principles laid down in TRIPS (Trademark-Related Aspects of Intellectual Property Rights Agreement).

Trademark 52

Trademark Branding Branding Brands 52

The IP Law Blog

JUNE 17, 2021

Then again, Seattle has been a target city for an NBA expansion team or franchise relocation since the departure of the Seattle SuperSonics to Oklahoma City in 2008. With that said, it seems that Seattle may not be the most obvious location for Starbucks Stadium or Starbucks Arena after all.

Trademark 98

Trademark Brands Branding Branding 98

BYU Copyright Blog

OCTOBER 25, 2021

a 501(c)(3) organization created to solicit and manage resources on behalf of Louisiana Tech University ("LTF"), alleged that a Florida corporation, Bel-Mac Roofing ("Bel-Mac"), violated numerous federal and Louisiana state laws by infringing copyright and trademark rights LTF has in the logo for Louisiana Tech's Bulldog mascot.

Derivative Work 52

Derivative Work Advertising Advertising Intellectual Property 52

SpicyIP

NOVEMBER 23, 2021

While doing so, the Court disregarded many of the foreign judgements cited by Google which held invisible use of trademarks as failing to constitute infringement; and highlighted the stark differences in trademark law in each jurisdiction, especially when compared to India. 2008 (38) PTC (416) (Del). IMG Technologies Pvt.

Trademark 105

Trademark Advertising Advertising Trademark Law 105

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 is the well-known yoga gear company.

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Advertising Advertising Settlement Trademark 111

Garrigues Blog

APRIL 23, 2024

regarding the use of the ZARA trademark, as previously discussed here. In other words, the scope of the first wording of Article 37 was more limited, as it only referred to the use, in the course of trade, of the trademark when it was necessary to indicate the intended purpose of a product or service.

Trademark 52

Trademark Advertising Advertising Trademark Law 52

IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. 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 trademark law. 63 at paragraph 15. [23]

Registration 98

Registration Trademark Trademark Law Law 98

SpicyIP

NOVEMBER 17, 2023

Aside from various journals, his writings can be found at SpicyIP.com where he has been writing since 2008. His areas of focus include international IP policy, IP & development, and IP & Health.

Intellectual Property 105

Intellectual Property Technology IP Law 105

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.

Trademark 52

Trademark Trademark Law Television Registering Trademarks 52

Technology & Marketing Law Blog

MARCH 7, 2022

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). 110-617 , at 23 (2008) (emphasis added). Whimsicality, Inc. Rubie’s Costume Co. , 112, 115 (S.D.N.Y. 411(b) to the Copyright Act.

Registration 98

Registration Blogging Copyright Designs 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. See Egyptian Goddess, Inc. Swisa, Inc., 3d 665(Fed.

Design Patent 72

Design Patent Patent Infringement Designs Design 72

The IP Law Blog

APRIL 1, 2021

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. In 1999, he registered the “METAL” mark on TA’s behalf for use on various clothing items, including jeans, shirts and boots.

Trademark 52

Trademark Registration Branding Brands 52

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. 33] Neoperl v EUIPO (Représentation d´un insert sanitaire cylindrique) ECLI:EU:T:2022:780. [34]

Trademark 98

Trademark Registration Intellectual Property Intellectual Property Law 98

Patently-O

APRIL 20, 2024

2008) (en banc) and Gorham Co. I think of the design patent test as quite close to likelihood of confusion in trademark law, but design and trademark pedants yell whenever I make this comparison. Seirus has now petitioned for writ of certiorari. Swisa, Inc. , 3d 665 (Fed. White , 81 U.S. 511 (1871).

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Design Patent Art Designs Design 69

SpicyIP

NOVEMBER 8, 2023

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. The issue is also discussed in his and Dinesh Thakur’s book ‘The Truth Pill: The Myth of Drug Regulation in India. Let’s see how it unfolded.

Trademark 59

Trademark Publishing Journalism Copyright 59

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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Trademark Due Diligence Litigation Law 45

IIPRD

JUNE 13, 2024

According to the decision, under the current laws to be an inventor, there must be “intentionality and culpability”, which AI lacks because it cannot legally enter into contracts. Trademark law One of the areas where both trademarks and AI intersect with each other is in creation of new brands and trademarks.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

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. TOSIBA Appliances [2008 (37) PTC 394] Facebook Twitter LinkedIn WhatsApp The post Effect Of Non-Use Of Trademark first appeared on IPLF.

Trademark 52

Trademark Registration Registering Trademarks Advertising 52

IP and Legal Filings

MAY 8, 2024

Placing emphasis of judgements of Supreme Court in Khoday Distilleries Limited vs. The Scotch Whisky Association 2008 (10) SCC 723 and of High Court of Bombay in Carew Phipson Ltd. Deejay Distilleries (P) Ltd.

Trademark 52

Trademark Intellectual Property Branding Branding 52

SpicyIP

OCTOBER 23, 2023

The case was filed before the Delhi High Court in 2008 and heard by Justice Bhat. The first was a case where Petronet tried using the law on confidentiality to gag reportage and the second was a case where the Tata group in an uncharacteristic lapse of judgement tried using trademark law to shut down a website setup by Greenpeace.

Intellectual Property 52

Intellectual Property Government Law IP 52

LexBlog IP

SEPTEMBER 29, 2022

For example, the first sound mark in India was registered for Yahoo in 2008, and an Indian bank later received a sound even though Indian law at the time did not expressly specify that sound marks were allowed. .; see also par. Outside of the EU and the US, sound marks have also been recognized—and debated.

Trademark 52

Trademark Registration Music Intellectual Property 52

IIPRD

JUNE 8, 2024

Intellectual property rights protection to the fashion industry Trademark Act: Trademark Act plays a significant role in preserving a brand’s legitimacy and integrity, which is advantageous for the industry. However, the protection of fashion designs by trademark law is not perfected.

Intellectual Property 52

Intellectual Property Designs Design Branding 52

IP and Legal Filings

NOVEMBER 23, 2024

Finally, Apple uses its trademarks largely within its marketing strategies in such a way that they are displayed in advertisements, product packaging, and retail shops, which serves to sustain its high-tech and premium brand image. Recent developments include e-filing and expedited examination procedures designed to facilitate registration.

Branding 105

Branding Branding Brands Technology 105

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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Registration Trademark Blogging Law 106