This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
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 trademarklaw, even if they are not strictly prohibited.
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 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?
Image from Rick Harrison, here Our readers may be aware of Section 12 in the Trademark Act 1999 which allows the registration of identical or similar trademarks by more than one proprietor in case of honest concurrent use of some special circumstances. But then came Raman Kwatra v. It claimed to have used the mark since 1954.
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 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™.
Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Trademark violation raises significant issues. Cybersquatting is another type of trademark infringement.
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.
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.
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™.
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
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.
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.
Businesses may find it challenging to enforce trademark rights in online marketplaces because it can be challenging to locate infringers and hold them accountable. Effective trademark enforcement is essential in this situation for protecting the goodwill and financial interests of legitimate businesses.
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.
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.
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. What are trademark owners’ rights in this case?
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 Supreme Court held that the Lanham Act does not reach trademark infringement that occurs outside of the United States (US). In addition, the opinion has important ramifications for domestic trademarklaw through its identification of “use in commerce” as the actionable domestic conduct. Hetronic International Inc. ,
Macrotech Developers (formerly known as Lodha Developers) filed a trademark infringement suit against the House of Abhinandan Lodha (HoABL). 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. Further, Macrotech has sought Rs.
Section 9(1)(a) 1 of the Indian Trademark Act, 1999 mentions lack of distinctiveness in the mark as one of the grounds for refusing registration of the mark. However, in India, there are numerous family enterprises where personal names and surnames have been registered as trademark. Personal Names As Trademark.
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?
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.
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™.
But although this phrase is used by many, two restaurant companies actually own TACO TUESDAY trademark registrations that they can assert as conclusive evidence of their exclusive rights to use the slogan and enforce those rights against anyone who tries to use the mark. Taco Bell is seeking to change that. The Lanham Act, which governs U.S.
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™.
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.
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.
They included stories of the Patent Agent examination, the Indian Innovation Act, the opening of the Trademark database, the presumption of patent validity, and the South Asian Basmati fights and more. This raised a question did the registrar of Trade Marks have the jurisdiction to revoke the ‘MANJAL’ trademark?, and Class 5.2
Many big companies are getting ready to enter the world of Metaverse, for example, Nike for the purpose of selling virtual footwear and apparel in the virtual world of metaverse filed many trademark applications with the U.S These trademark applications consist of Nike’s logo “just do it” and air Jordan designs. Liden Research, Inc. ,
As a result, in order to obtain approval from the Indian Trademark Registry, a solid foundation of uniqueness of the mark, whether inherent or acquired, must be established in the first phase. ’ filed a suit for infringement of trademark against the defendants, ‘PP Buildwell Pvt. 29 of the Trademarks Act, 1999.
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.
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.
Turtle ” order opining that use of a mark to pass a critical comment will not amount to an infringement of the trademark. 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. and for passing the famed “ Tata v.
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.
Nonetheless, trademark infringement has grown to be a serious problem there, with legal repercussions for the owners. Thus, raising a very valid question that whether a themed restaurants violate trademark rights of the show it is based upon? Theft of trademarks may be a bigger issue for character-themed cafés.
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.
Rachael Dickson, Administrative Discrimination in the Trademark ID Manual The TM ID manual is a searchable database of over 64000 acceptable IDs for goods and services. Various contraceptives and sex toys were added significantly after the Manual went online; IUDs were added only in 2009. Adult magazines, adult films, etc.
The Trademark Reporter has published its latest "Annual Review" of U.S. Trademark Cases: " The Seventy-Fifth Year of Administration of the Lanham Act of 1946 ," by Theodore H. In his introduction, Ted Davis notes the decline in litigation under the Lanham Act, related state statutes, and the common law of unfair competition.
Protection Of Publicity Right As A Well-Known Trademark Although, publicity rights do not have any statutory protection per se in the Indian Law, but publicity rights in some form are protected by The Trade Marks Act, 1999 and The Copyright Act, 1957. OS) 1745/2009 Rajagopal and Ors. Entertainment Pvt. Baby Gift House and Ors.,
We organize all of the trending information in your field so you don't have to. Join 9,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content