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This was originally published on January 22, 2009: Working from home today after a bruising few weeks at work (see yesterday’s post!), The post Best of 2009: “Adverference?” I finally figured out what was going on. ” appeared first on LIKELIHOOD OF CONFUSION™.
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 trademarklaw, even if they are not strictly prohibited. 6] Section 9(2)(b) of the Indian Trademarks Act, 1999. [7] 7] 2005 (3) AWC 2097. [8]
Only Marc Randazza can put certain things in certain ways — and on those occasions when he’s actually right (like when he’s discussing law and not politics! ;-)), man, he’s. The post Best of 2009: The best of the best. Of the bestest. appeared first on LIKELIHOOD OF CONFUSION™.
The post Best of 2009: “Infinity Dollars” — IP damages and the jury, Part 1 appeared first on LIKELIHOOD OF CONFUSION™. A lot of people, including judges, lawyers and civilians, don’t seem to really understand what statutory damages are all about. They are not supposed to be a windfall (discussed more.
Ali Shayif (2009) ( paywalled ) which has been cited numerous times by the Supreme Court and numerous High Courts of India ( here and here ). Existing trademarklaws sufficiently address online infringement without needing a new “e-infringement” category. E-Infringement Merely Academic Distinction?
The recently published Draft Amendment to the Chinese TrademarkLaw is proposing the introduction of important changes to the current trademark system in China. The draft Article 18 TrademarkLaw correctly removes the distinction between registered and unregistered well-known marks. For example, the actual art.
This was first posted on May 7, 2009. The post Best of 2009: Keeping it real — the ultimate use in commerce appeared first on LIKELIHOOD OF CONFUSION™. The TTABlog® reports, again, on the fraud issue, but that’s not what interests me here so much this time. Rather, it’s the.
This was first posted on May 7, 2009. The post Best of 2009: “Keeping it real — the ultimate use in commerce” appeared first on LIKELIHOOD OF CONFUSION™. The TTABlog® reports, again, on the fraud issue, but that’s not what interests me here so much this time. Rather, it’s the.
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.
The recently published Draft Amendment to the Chinese TrademarkLaw is proposing the introduction of important changes to the current trademark system in China. The draft Article 18 TrademarkLaw correctly removes the distinction between registered and unregistered well-known marks. For example, the actual art.
2009), which stands for the proposition that, yes, a domain name registrar can be liable for contributory trademark infringement arising from the directly infringing acts of its clients. [stextbox id=”info”] This is a summary and analysis of the decision in Transamerica Corp. Moniker Online Services, 672 F.Supp.2d
Originally posted 2009-01-22 13:31:48. It raises an interesting question about Internet-related copyright and trademarklaw. Republished by Blog Post Promoter Working from home today after a bruising few weeks at work (see yesterday’s post!), We use a filtered Internet service […] The post Adverference?
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?
In this post, I extend it by highlighting HCU’s history arguing that HCU is a principle of trademarklaw and not just a provision limited to Section 12. It will be interesting empirical research to do, exposing the buried historical premises that slyly shape our legal thinking around trademarkslaw.
In Trademarklaw, 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. 35 does not apply if the name has acquired distinctive or secondary meaning (The Goenka case (2009)). A legal entity cannot use Sec. Further, Sec.
Originally posted 2009-09-30 23:33:13. Republished by Blog Post PromoterEric Goldman has the transcript from the oral argument we reported on last month. He’s still betting on Google. The post More oozes out from the Kinderstart litigation appeared first on LIKELIHOOD OF CONFUSION™.
Frankly our sensibilities are too delicate to blog on this story, but that’s why there’s always the the Trademark Blog. Originally posted 2009-09-17. You’d hardly think it possible any more. The post “Scandal” at the TTAB appeared first on LIKELIHOOD OF CONFUSION™.
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 trademarklaws and case law have shed some light in this regard. However, there are still some grey areas clouding this issue. Supreme Court Judgment no.
An interim injunction was granted to the plaintiff in 2009 and through the present judgement, the court decreed the suit in favour of the plaintiff. A legal notice had been issued to the defendant on September 27, 2007 and this was subsequently followed by an interim injunction on September 10, 2009.
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. Emmi Roth, through its predecRoth Kase USA, Inc., called “Grandcru Gruyere.”
In order to prove a trade dress infringement claim, a plaintiff must show: (1) the trade dress is nonfunctional, (2) the trade dress has acquired secondary meaning, and (3) there is a substantial likelihood of confusion between [the plaintiff’s] and [the defendant’] products.” Art Attacks Ink, LLC v. 3d 1138, 1145 (9 th Cir.
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. The trademark legislation of 1999 protects Indian trademarks. The Coca Cola Company v. Bisleri Pvt.
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. The trademark legislation of 1999 protects Indian trademarks. The Coca Cola Company v. Bisleri Pvt.
Basheer, in his 2009 post, about Chantix, a Pfizer-patented anti-smoking drug, raised questions regarding transparency around the discretion to require local clinical trials. The vacated order restrained Google from infringing Consim’s trademark on Bharat Matrimony. “Ad-word” and Class 5.2 Let’s see how it unfolded.
In 2009, the Right to Information Act was still in its infancy and the judiciary, especially the Supreme Court, was an institution still cloaked in secrecy. In 2009, the Right to Information Act was still in its infancy and the judiciary, especially the Supreme Court, was an institution still cloaked in secrecy.
Thus in Pratibha Singh vs Singh & Associates 5 , the plaintiff had been using the mark ‘Singh & Singh’ since the year 2002 and it had been granted registration in 2009. In this article, I have analyzed how personal names be granted protection under the trademarklaw. Conclusion. Entertainment Pvt.Ltd.
Taco John’s registered the mark in 1989, and Gregory Hotel registered the mark for concurrent use in New Jersey in 2009 based on its common law use dating back to 1979. Taco John’s is reportedly notorious for sending cease-and-desist letters to those who use the mark. The Lanham Act, which governs U.S. ” 15 U.S.C. §
To be eligible for trademark protection, the mark must be distinctive, non-generic, and not already in use by another party. Learn more about distinctive trademarks. Common trademark violations Navigating the waters of trademarklaws can sometimes feel like you’re trying to solve a puzzle blindfolded—confusing, right?
The first and the foremost question which crosses our minds is that does the digital assets in the virtual reality fall under the category of “Goods” under trademarklaw, and who should be held liable for infringement when the infringer is unknown. It also protects the product from unauthorized use by a third party.
’ filed a suit for infringement of trademark against the defendants, ‘PP Buildwell Pvt. Mehta School of Law (Mumbai), in case of any queries please write back us via email at support@ipandlegalfilings.com or contact us at IP And Legal Filings. Judicial Standing: P.P. Jewellers Pvt. Buildwell Pvt. Ltd FAO(OS) No.
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. Emmi Roth, through its predecRoth Kase USA, Inc., called “Grandcru Gruyere.”
More recently in 2020, Sankalp Jain discussed the copyright challenges in “Dreams,” a video game enabling user-generated content, arguing for the Indian copyright law’s limitations in addressing the the issues around the fan-made creations within the game. Relevant here are Arun C.
Using trademarks in domain names, linking, framing, meta-tagging, and framing are a few methods that could lead to trademark challenges. Cybersquatting is another type of trademark infringement. A fundamental tenet of trademarklaw is to avoid consumers being confused about the origin or source of products or services.
27-10-2009). [8] Facebook Twitter LinkedIn WhatsApp The post Trademark Enforcement In E-Market : Challenges In Identifying The Infringer And Holding Them Accountable first appeared on IPLF. Nakul Bajaj &Ors, [Civil Suit No. 344/2018]. [6] 6] Christian Louboutin SAS v Nakul Bajaj &Ors, [Civil Suit No. 344/2018]. [7]
These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.
A UK food blogger who operated an underground restaurant in 2009 made the decision to host a ticketed dinner with a Harry Potter theme. What does Trademarklaws Say? The Trade Marks Act of 1999 provides protection for trademarks in India. and whose copyright is owned by author JK Rowling (in Australia as well).
In addition, the opinion has important ramifications for domestic trademarklaw through its identification of “use in commerce” as the actionable domestic conduct. Now in trademarklaw, extraterritorial reach is a simple on-off switch: Is there use in commerce or not? Google Inc. In Jack Daniel’s Properties, Inc.
citizen with a professional background and proven ability in patent or trademarklaw. At Goldman Sachs, he founded and led the investment bank’s intellectual property practice from 2000 to 2009. The statute specifically requires that the Director be a U.S. I expect that Sec.
Various contraceptives and sex toys were added significantly after the Manual went online; IUDs were added only in 2009. There have been federally lawful cannabis goods/services since 2018 with very specific chemical definitions. Adult magazines, adult films, etc. Sex therapy only added in 2024. And there are a lot of registrations.
Jaitley’s right and pronounced that any person may be restrained from using the names of popular or well-known celebrities, when the particular name is a well-known trademark as envisaged under the basic principles of trademarklaw and thatcelebrity is entitled to use his name for commercial purposes. Entertainment Pvt.
In his introduction, Ted Davis notes the decline in litigation under the Lanham Act, related state statutes, and the common law of unfair competition. Meanwhile, the failure-to-function refusal seems to be gaining in popularity at the TTAB, although not so much with trademark practitioners.
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