IP and Legal Filings

JANUARY 5, 2023

To profit on the reputation of another brand, competitors began copying marks or acquiring deceptively similar trade marks with a desire to obtain the goodwill of well-known marks. The ‘Cycle’ trademark has been domestically and internationally used by the plaintiff since 1954 without anyone’s interruption.

Trademark 98

Trademark Brands Branding Branding 98

Corsearch

FEBRUARY 22, 2024

Trademark infringement is the nightmare that keeps big brands up at night. In a world where maintaining a distinctive identity and protecting consumer trust is a constant battle, safeguarding your trademarks is crucial. What is trademark infringement? Let’s start with the basics; what is trademark infringement?

Brands 59

Brands Branding Branding Trademark 59

IP and Legal Filings

MARCH 7, 2022

A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

Trademark 84

Trademark Law Registering Trademarks Brands 84

IP and Legal Filings

OCTOBER 23, 2023

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. Image Sources: Shutterstock] Amid this growth, the issue of trademark infringement is faced by the trademark owners in online marketplaces.

Marketing 98

Marketing Marketing Trademark Registration 98

SpicyIP

FEBRUARY 9, 2025

Macrotech Developers (formerly known as Lodha Developers) filed a trademark infringement suit against the House of Abhinandan Lodha (HoABL). He also argued that the FSA stipulated that Abhinandan could not use the TM or brand name Lodha in any manner whatsoever. Further, Macrotech has sought Rs. in damages. Further, Sec.

Brands 59

Brands Branding Branding Business 59

SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. Shell Brands International AG v.

Trademark 126

Trademark Invention Patent Art 126

Likelihood of Confusion

SEPTEMBER 12, 2023

The post Best of 2009: McBummer: Thoughts on the McFamily of Trademarks McConcept appeared first on LIKELIHOOD OF CONFUSION™. I’ve written before about the odd cultural juxtaposition of McDonald’s and the Muslim world. It turns out I don’t know the half of it! Now McDonald’s has lost its effort to.

Trademark 40

Trademark Branding Branding Brands 40

IP and Legal Filings

FEBRUARY 2, 2024

However, what would happen if business houses wanted to trademark the name of the god they worshipped? As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited.

Trademark Law 98

Trademark Law Trademark Law Service Mark 98

IP and Legal Filings

SEPTEMBER 14, 2023

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

Brands Branding Branding Trademark 98

azrights

MARCH 23, 2022

One person who clearly didn’t understand this was Mr Gu who set up a Chinese takeaway in Barrow-in-Furness in 2009 using the name China Tang. The Judge disagreed and rejected Mr Gu’s defence of honest concurrent use, holding that Mr Gu had infringed the Claimant’s trademark and should rebrand. The Expense Of Unregistered Trademarks.

Business 52

Business Brands Branding Branding 52

The TTABlog

FEBRUARY 8, 2022

Court of Appeals for the Ninth Circuit reversed (in part) the district court's dismissal of a civil action for unfair competition, trademark dilution, and trademark infringement involving Defendant Meenakshi's three IDHAYAM marks registered for sesame seed oil. In December 2019, the U.S. 7-3 at 1-4.)

Litigation 75

Litigation Registration Brands Branding 75

Greenspoon Marder LLP

NOVEMBER 25, 2012

Coach, the luxury handbag manufacturer, began Operation Turnlock in 2009, an anti-counterfeiting campaign. Just in July of this year, a mother and daughter team of counterfeiters were hit with a $44 million judgment, and their operation was shut down by a Manhattan judge for trademark infringement. Can You Trademark a Place?

Trademark 52

Trademark Settlement Brands Branding 52

Intepat

APRIL 7, 2022

A trademark is a distinct identifier that helps a person differentiate himself or his product. For an average consumer, a trademark constitutes an identity of the product or service they plan to avail. How to Franchise your brand name. Licensing and assignment are two methods for the transfer of trademark rights.

Trademark 52

Trademark Licensing Brands Branding 52

43(B)log

AUGUST 18, 2022

9, 2022) Interesting case about trademark preemption. The Pumas alleged that defendants violated the New Mexico Unfair Practices Act based on their purchase of a Black & Decker-branded coffeemaker. However, Black & Decker did not in fact design, manufacture, distribute, or warrant the coffeemaker. if they are of another.”

Trademark 64

Trademark Licensing Brands Branding 64

Intepat

APRIL 7, 2022

A trademark is a distinct identifier that helps a person set himself or his product apart. For an average consumer, a trademark constitutes an identity of the product or service they plan to avail. Licensing and assignment are two methods for the transfer of trademark rights. To license, a registered user is a licensee.

Business 52

Business Trademark Licensing Brands 52

IP Tech Blog

APRIL 17, 2023

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. This will enhance the chances of a brand to obtain a certain degree of well-known status recognition. Therefore, well-known status is not a defined degree of notoriety.

Trademark Law 57

Trademark Law Trademark Law Brands 57

Garrigues Blog

DECEMBER 6, 2022

Can a well-known watch brand prevent the protection of another identical or similar trademark for other types of goods such as cosmetics? The possibility of consumers’ associating the goods of a particular trademark is greater when that mark is well-known.

Trademark 52

Trademark Brands Branding Branding 52

LexBlog IP

APRIL 17, 2023

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. This will enhance the chances of a brand to obtain a certain degree of well-known status recognition. Therefore, well-known status is not a defined degree of notoriety.

Trademark Law 52

Trademark Law Trademark Law Brands 52

The TTABlog

AUGUST 5, 2024

662, 678 (2009). The question, then, was "whether, as a matter of law, online retail store or mail order activities featuring only a party’s own goods are 'services' as contemplated in the Trademark Act." The Trademark Act defines "service mark" but does not define "services." Ashcroft v. Iqbal , 566 U.S. citing Giant Food Inc.

Trademark 56

Trademark Service Mark Registration Television 56

The IPKat

MAY 12, 2024

The dispute concerned the geographical indication "Salaparuta" for Sicilian wine, which received protection in Italy in 2006, and then was registered as a Protected Designation of Origin (PDO) by the European Commission in 2009. The wine brand had been around since the nineteenth century but changed ownership a few times.

Registration 68

Registration Brands Branding Branding 68

IP and Legal Filings

JUNE 12, 2023

Parody is often taken as a defence in trademark infringement suits. It has become a common to modify brand names, movie titles etc. and will it amount to trademark infringement? This issue was addressed in TATA case by in which the primary issue before the court regarded a violation under the Trademark Act.

Copyright Law 105

Copyright Law Copyright Law Copyright Infringement 105

The IPKat

DECEMBER 31, 2021

On 25 September 2020, the EUTM application was refused under Article 7(1)(b) of Regulation 2017/1001 (EUTMR) on the ground that the sign cannot function as a trademark and would not be perceived by consumers as a badge of origin. Listen here to the sound. Furthermore, despite that the Guidelines (Part B, Section 4, Chapter 3, No.

Graphic Design 84

Graphic Design Intellectual Property Music Trademark 84

SpicyIP

MAY 15, 2023

Recently, tech brands Rario and Striker found themselves in a tussle over the exclusive right to use images and names of famous cricket players on their respective Online Fantasy Sports Platform. Delhi High Court Sets Aside 3 Orders from the Patent Office and the Trademark Registry, in 1 day! Case: Holyland Marketing Pvt.

Trademark 104

Trademark Registration Cease and Desist IP 104

The IPKat

NOVEMBER 18, 2021

Background World Branding Mark S.A (‘WBM’) is the proprietor of two EUTM’s under which perfume is sold. Considering this paucity of decisions, a recent judgeme nt by the Court of Appeal of the Hague (19 October 2021), which deals with the Van Doren Lifestyle judgement, merits special attention.

Marketing 125

Marketing Marketing Licensing Brands 125

IP Law 360

JULY 25, 2022

BuzzBallz, the creator of the popular premixed cocktails in small round cans sued a celebrity cosmetic dentist for trademark infringement in Texas federal court Monday, alleging that his caffeinated chewing gum product, "Buzzballs," ripped off the well-known, ready-to-sip alcoholic beverage brand that has been around since 2009.

Brands 40

Brands Branding Branding Trademark 40

Selvam & Selvam Blog

NOVEMBER 3, 2022

vs Tata Sia Airlines Limited CS(COMM) 54/2022 was instituted by Frankfinn to refrain Tata from using their registered trademark ‘Fly High’. The court while taking due note of the arguments raised by both sides observed the fine line of difference between the definition of the words mark and trademark in the Trade Marks Act, 1999.

Trademark 52

Trademark Social Media Registration Registering Trademarks 52

The IP Law Blog

FEBRUARY 3, 2022

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. purchased the business in 2009. First, trademark owners need to understand the seriousness of a trademark becoming generic.

Designs 52

Designs Design Trademark Brands 52

Corsearch

FEBRUARY 28, 2024

If you create a standalone design that you can then apply across a range of products, this will come under a different intellectual property registration system, such as a logo trademark. The most recent year that shows a contraction in growth rates was 2022, and the next was 13 years ago, in 2009. respectively.

Registration 59

Registration Designs Design Intellectual Property 59

The IPKat

APRIL 23, 2023

Kat friend Ann-Kathrin Goller discusses a recent decision in Australia that portends a significant departure from the approach taken in many jurisdictions regarding the role of reputation in a trademark infringement dispute.

Law 95

Law Registration Brands Branding 95

Selvam & Selvam Blog

OCTOBER 31, 2024

Trademarks provide an advantage to businesses by distinguishing one’s product from others. The pharma industry too faces the issue of similar marks being branded and sold. In this industry, the trademarks not only play a crucial role in distinguishing the marks but also ensures consumer safety.

Trademark 52

Trademark Registration Brands Branding 52

DuetsBlog

JUNE 15, 2020

Rapala’s “More Hits Than Google” Billboard Update (Photo Included) (2009). Yes, it’s actually a registered trademark. And, by the way, what is your all-time favorite from the annual Rapala line up that we’ve been covering for a dozen seasons now (minus 2019, given my move)? Good Bye Google, Hello Whudjagiddumon?

Registering Trademarks 52

Registering Trademarks Trademark Branding Brands 52

Kashishipr

AUGUST 2, 2021

The IP rights holders can either record their IP beforehand, enabling the Customs authority to suo motu monitor shipments and exclude, detain, seize, destroy, or dispose of the merchandise that it suspects to be counterfeit or infringing the recorded trademark; or make a complaint to the Customs authority under the domestic Customs legislation.

IP 105

IP Intellectual Property Registration Registering Trademarks 105

IP Intelligence

JUNE 6, 2023

A trademark license may seem straightforward. From a 5,000-foot view, a franchise involves one party allowing another to use its brand, which may include products and services, intellectual property, and sometimes more, in exchange for a fee. 45.66.210(a) (2009); Fla. What is a franchise? Under 16 CFR § 436.1(h) 15 U.S.C. §

Licensing 52

Licensing Due Diligence Business Trademark 52

IP Intelligence

JUNE 5, 2023

A trademark license may seem straightforward. From a 5,000-foot view, a franchise involves one party allowing another to use its brand, which may include products and services, intellectual property, and sometimes more, in exchange for a fee. 45.66.210(a) (2009); Fla. What is a franchise? Under 16 CFR § 436.1(h) 15 U.S.C. §

Licensing 52

Licensing Due Diligence Business Trademark 52

The IPKat

SEPTEMBER 26, 2024

percent in 2023, marking the first such decline since 2009. Türkiye stood out in trademarks and industrial designs. South Africa performed well in global brand value and ICT services imports. International patent filings saw a decline of 1.8 India continues to be the world leader in the indicator of ICT services exports.

Editing 74

Editing Intellectual Property Publishing Reporting 74

The TTABlog

AUGUST 15, 2022

Branded, LLC , 2022 USPQ2d 742 (TTAB 2022) [precedential] (Opinion by Judge Marc A. Under Section 45 of the Trademark Act, a mark shall be deemed abandoned "[w]hen its use has been discontinued with intent not to resume use. Respondent Branded also claimed that there were efforts to license the mark. Vans, Inc. See Rivard v.

Registration 40

Registration Cease and Desist Brands Branding 40

LexBlog IP

JUNE 6, 2023

A trademark license may seem straightforward. From a 5,000-foot view, a franchise involves one party allowing another to use its brand, which may include products and services, intellectual property, and sometimes more, in exchange for a fee. § 45.66.210(a) (2009); Fla. What is a franchise? Under 16 CFR § 436.1(h)

Licensing 52

Licensing Due Diligence Business Intellectual Property 52