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Van Doren Lifestyle revisited: the reversal of the burden of proof due to market partitioning

The IPKat

Kat friend Jan Jacobi reports on a recent case where only the intrepid dare tread—-trade mark exhaustion and market partitioning. Some trade mark proprietors (contractually) restrict their distributors from selling to certain markets.

Marketing 126
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Once Branded Notorious Pirates, Sites Agree to Filter Out Pirated TV Shows

TorrentFreak

Later in 2012, the RIAA submitted its regular report to the United States Trade Representative, requesting various sites to be branded notorious pirate markets. Launched around 2009, Hellspy and Hellshare had successfully weathered the Megaupload storm.

Branding 143
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[Part II] Assessing DHC’s Finding on Piercing the Corporate Veil and Damages in the Amazon Case

SpicyIP

Ali Shayif (2009) ( paywalled ) which has been cited numerous times by the Supreme Court and numerous High Courts of India ( here and here ). Further, the financial data relied upon (from the Plaintiffs Trademark Licensing Agreements with other brands) was not directly linked to the Defendants infringing activities.

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Trademark Enforcement In E-Market : Challenges In Identifying The Infringer And Holding Them Accountable

IP and Legal Filings

The issue of counterfeiting not only compromises a brand’s reputation or brand value, but also puts consumer safety at risk by allowing the sale and uninformed purchase of sub-standard goods. In the year 2017 the market value of the E-commerce was $38.5 27-10-2009). [8] Nakul Bajaj & Ors. [4] 344/2018]. [6]

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Puma or Rolex – Which is more famous?

The IPKat

As different as these brands may be, both are certainly well-known among the general public. 207/2009 (being essentially identical to the currently applicable Art. 207/2009 (being essentially identical to the currently applicable Art. 207/2009 , i.e. an infringement of Rolex’ right to a trade mark with a reputation.

Art 124
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Iconic Fansubbing Site Legendas.tv Shuts Down Voluntarily

TorrentFreak

In 2009, legal pressure resulted in a temporary shutdown. While the entertainment companies were quick to brand them as pirates, Legendas argued that they were probably some of the most avid consumers. The site, which relied on a team of contributors, soon gained a steady user base. Avid Consumers. team sent out a different message.

Cinema 144
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Green Washing Vis-A-Vis Green Trade Marks

IP and Legal Filings

This has led to consumers opting for brands that pledge their duty to contributing towards environmental protection by means of minimalism and sustainability. In today’s era of eco-branding, wherein trademarks are used to distinguish sustainable brands from the mainstream commercial ones, the latter engage in the practise of “greenwashing”.

Brands 98