IP and Legal Filings

FEBRUARY 20, 2022

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.

Trademark 58

Trademark Advertising Advertising Registration 58

IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. 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 trademark law. NLSI Rev 67, 73 (2010). [11]

Registration 95

Registration Trademark Trademark Law Law 95

IP and Legal Filings

MARCH 28, 2023

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 trademark law. 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]

Trademark 89

Trademark Branding Branding Brands 89

SpicyIP

JUNE 13, 2024

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 Trademark Law The Single Judge’s reasoning that initial confusion is transient and does not warrant protection seems misguided.

Branding 56

Branding Branding Brands Marketing 56

Technology & Marketing Law Blog

OCTOBER 19, 2021

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.’”

Licensing 101

Licensing Copyright Contracts Advertising 101

SpicyIP

NOVEMBER 8, 2023

So … Prashant’s post was followed by a detailed post on Adwords and Trademark Law 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.

Trademark 59

Trademark Publishing Journalism Copyright 59

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

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.

Trademark 144

Trademark False Advertising Advertising Advertising 144

SpicyIP

DECEMBER 30, 2023

Ujoy Technology and Toyota Jidosha Kabushiki Kaisha vs Tech Square Engineering Pvt Ltd [Delhi High Court] This year the concept of transborder reputation in trademark law saw two important interpretations from the Delhi High Court. Bolt Technology v. First, in Toyota v. Makemytrip (India) Pvt. d) Other IP Developments 1.

IP 114

IP Copyright Trademark Intellectual Property 114

IP and Legal Filings

OCTOBER 23, 2024

The integrity of trademark law 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 Trademark Law relating to the effect of ‘Non-Use’of a trademark. [3] 2014). .—[(1)

Trademark 69

Trademark Registration Branding Branding 69

IP and Legal Filings

DECEMBER 6, 2023

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.

Privacy 105

Privacy Intellectual Property Law Intellectual Property Advertising 105

Patently-O

DECEMBER 12, 2021

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]

Registration 69

Registration Government Advertising Advertising 69