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Background Gufic Pharmaceuticals, a manufacturer of Ayurvedic medicines, registered in 2010 the word mark “Gufic” for goods in Classes 3, 5, and 29. Hecht Pharma filed a revocation action in the EUIPO on the ground that the extent of trademark use had not been sufficiently demonstrated. Not a trademark?
On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. Erik Pelton® has been making trademarks bloom since 1999 ® as the founder of Erik M. Pelton & Associates ®, a boutique trademarklaw firm in Falls Church, Virginia. 2010: [link].
A fundamental principle of trademarklaw permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. In accordance with a provision of trademarklaw known as trademark dilution, the owner of a brand may. What is Trademark Dilution?
Slogans are brief, memorable words that are commonly used in advertising to promote a specific company. Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. Using a mark as an advertising slogan, on the other hand, does not prevent it from being registered as a trademark.
He was unmistakably aware of the nuances regarding colours in trademarklaw. 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 trademarklaw. NLSI Rev 67, 73 (2010). [11]
regarding the use of the ZARA trademark. We will examine the impact of the ruling in cases involving the use of third-party trademarks. Buongiorno was an internet and mobile telephone network provider that, in 2010, launched an advertising campaign for a paid subscription to a messaging service for receiving content via SMS.
Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces. Overturning Tiffany v.
Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Here in this article, we shall shed light on the relationship between TrademarkLaw and the hospitality sector in India.
WhenU concluded that trademarks was a dead-end. Nevertheless, because adware often provided poor consumer experiences, adware largely fizzled out by 2010. The Silvaco court also cautioned that “the expansion of conversion law to reach intangible property should not be permitted to ‘displace other, more suitable law.’”
In this case, the High Court granted the plaintiff an injunction and declared that anyone who copied a trademark like Mercedes-Benz would be violating Indian trademarklaw. Exceptions As the coin have both the side in the same way the doctrine of dilution of trademark also have some exceptions. 2010 (42) PTC 572 (Del.) [2]
The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. regarding the use of the ZARA trademark, as previously discussed here.
and Ors (2010), to argue that the initial diversion of consumer attention is sufficient to constitute TM infringement. Underestimating the Persistent Relevance of Initial Confusion in Modern TrademarkLaw The Single Judge’s reasoning that initial confusion is transient and does not warrant protection seems misguided.
Ujoy Technology and Toyota Jidosha Kabushiki Kaisha vs Tech Square Engineering Pvt Ltd [Delhi High Court] This year the concept of transborder reputation in trademarklaw saw two important interpretations from the Delhi High Court. Bolt Technology v. First, in Toyota v. Makemytrip (India) Pvt. d) Other IP Developments 1.
So … Prashant’s post was followed by a detailed post on Adwords and TrademarkLaw cautioning that a traditional interpretation of “use in commerce” could jeopardize the rights of trademark owners, given the evolving business models. Only then does Google need to take action against the advertisement and not otherwise.
Image from here Trademarklaw has an interesting concept—generic disparagement that goes a bit further than general disparagement. Facts: The story has it that Marico has been in the oats business since 2010 and sells it under the name “Saffola Oats,” but it has many flavors. It arguably has a market share of around 45%.
Introduction In the world around, you might have witnessed an advertisement taking place without being in official association with the organisers or the owners, but pretends in such a way that it is officially associated with the event. The Legal Gray Area: Does IP Law Fully Protect Against Ambush Marketing? Arvee Enterprises and Ors.
Originally posted 2010-10-12 18:56:06. Republished by Blog Post Promoter Looking for the Geico v. Google decision? Here it is. More to come… UPDATE: I didn’t exactly mean more litigation — but I guess we shouldn’t be surprised.
The integrity of trademarklaw is seriously threatened by such exploitative strategies, which emphasises the necessity of court action to defend and preserve the rights of rightful trademark owners. A study of Indian and US TrademarkLaw relating to the effect of ‘Non-Use’of a trademark. [3] 2014). .—[(1)
the Apex Court held that one of the inherent aspects of the right to privacy as enshrined under Article 21 of the Constitution is the right to prevent others from using the person’s name or likeness without his consent for advertising or non-advertising purposes. vs. Baby Gift House and Ors.MANU/DE/2043/2010 ArunJaitley v.
21] Under this test, Ginger Rogers and the estate of Fred Astaire could not prevent a filmmaker from using the title “Ginger and Fred” in a fictional film because the use was “clearly related to the content of the movie and is not a disguised advertisement for the sale of goods or services or a collateral commercial product.” [22]
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