Technology & Marketing Law Blog

NOVEMBER 11, 2023

The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines, Car-Freshner has turned into a serial plaintiff, though this is my first time blogging them in-depth. The contributory trademark infringement claim survives a motion to dismiss.

Trademark 115

Trademark Contracts Blogging Fair Use 115

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law 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 trademark law known as trademark dilution, the owner of a brand may. What is Trademark Dilution?

Trademark 96

Trademark Registering Trademarks Trademark Law Branding 96

IP and Legal Filings

NOVEMBER 1, 2023

As per Section 29(4), A registered trademark will get infringed and lead to dilution if- ( a ) The mark is identical or similar to the previously registered trademark ( b ) Use in relation to different types of goods and services than those of the registered trade mark. ( 2010 (42) PTC 572 (Del.) 2010 (42) PTC 572 (Del.)

Trademark 105

Trademark Registering Trademarks Branding Brands 105

Intepat

MAY 12, 2023

After successful registration, the trademark is considered to be granted and protected in the member states. Under the system, one agent in the home country is enough for registration. Therefore, in countries such as these which are non-contracting parties.

Registration 52

Registration Branding Brands Branding 52

Kashishipr

AUGUST 24, 2022

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 Trademark Law and the hospitality sector in India.

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

FEBRUARY 20, 2022

Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. Under trademark law, however, phrases are frequently deemed not to disclose the commercial origin of products or services, which is a trademark’s primary role.

Trademark 61

Trademark Advertising Advertising Registration 61

IP and Legal Filings

AUGUST 4, 2023

LAW RELATING TO REGISTRATION OF NAMES AS TRADEMARKS IN INDIA There is not any particular provision that prohibits celebrities to register their name as trademarks in India under the trademark act, of 1999. Thus, it can be assumed that registration of names as trademarks is allowed. Entertainment v.

Trademark 52

Trademark Registration Branding Brands 52

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. Thus, other cases have applied conversion law to alleged theft of domain name registrations (e.g., WhenU concluded that copyright was a dead-end. 1-800 Contacts v.

Licensing 105

Licensing Copyright Contracts Advertising 105

Copyright Lately

JUNE 6, 2022

It is possible for a song title to be protected under trademark law in certain circumstances, but it’s not easy. The 2010 Bayoubuzz interview may give us a clue. During his 2010 interview with Bayoubuzz , Vance seemed to recognize and take pride in that accomplishment, as well he should.

Copyright 82

Copyright Copyright Infringement Music Social Media 82

IP and Legal Filings

MARCH 28, 2023

According to Section 29(4) of the Trademarks Act, use of a mark that is: Identical or similar to a registered trademark that already has a reputation in India; and Used on goods or services other than those covered by the registration constitutes trademark infringement in the form of dilution. 2010 (42) PTC 572 (Del.) [2]

Trademark 93

Trademark Branding Brands Branding 93

IP and Legal Filings

MARCH 7, 2022

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. If a mark or logo is used with the permission of the authorised person, it is not considered a trademark infringement.

Trademark 78

Trademark Law Registering Trademarks Branding 78

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

In 2010, the Second Circuit issued a watershed decision about secondary trademark infringement. ” [This is the most coveted payload for trademark owners. Provide “reasonably accessible electronic means by which a registrant and consumer can notify the platform of suspected use of a counterfeit mark.”

Trademark 144

Trademark False Advertising Advertising Advertising 144

IP and Legal Filings

MARCH 7, 2022

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. If a mark or logo is used with the permission of the authorised person, it is not considered a trademark infringement.

Trademark 70

Trademark Law Registering Trademarks Branding 70

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.

Design 52

Design Designs Trademark Branding 52

SpicyIP

FEBRUARY 27, 2024

We have already traversed through Junes , Julys , Augusts , Septembers , Octobers , Novembers , Decembers , and shared some stories like Rahul Cherian’s Legacy, 2010’s International Efforts on Pandemics, Corruption in IP Offices, Law Making via Leaked Documents, etc. It’s the 8th post of this monthly series.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

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. First, in Toyota v. The Delhi High Court in Ayur United Care v.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

NOVEMBER 8, 2023

For collective marks, he argued that out of 10 collective mark registrations he examined, 9 were granted erroneously. Then, in 2010, the European Court of Justice ruled in favor of the Google Adwords Program holding such use to be non-infringing. Also, check Joff Wild on the Allegations Against Indian Patent Office.

Trademark 59

Trademark Publishing Journalism Copyright 59

LexBlog IP

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.

Design 40

Design Designs Branding Brands 40

LexBlog IP

SEPTEMBER 29, 2022

19 The distinctive character of a trade mark must be assessed by reference, first, to the goods or services in respect of which registration is sought and, second, to the perception of the relevant public (see judgment of 12 February 2004, Henkel, C‑218/01, EU:C:2004:88, paragraph 50 and the case-law cited). Duck Boat Tours, Inc.

Trademark 52

Trademark Registration Music Intellectual Property 52

The IP Law Blog

MARCH 2, 2021

The Supreme Court first looked to the section of the Lanham Act governing remedies for trademark violations, 15 U.S.C. 10 According to Fossil, the equity courts historically required plaintiffs to establish willfulness, or its historical equivalent, to obtain a profits award in trademark disputes.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

IP and Legal Filings

DECEMBER 6, 2023

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 trademark law and thatcelebrity is entitled to use his name for commercial purposes. Entertainment Pvt.

Privacy 105

Privacy Intellectual Property Law Intellectual Property Advertising 105

Patently-O

JUNE 11, 2023

Elster to determine if the PTO violated Steve Elster’s First Amendment right to free speech when it declined to federally register his trademark TRUMP TOO SMALL in connection with T-shirts. The PTO had denied registration under 15 U.S.C. Brunetti , the Federal Circuit’s decision was almost certainly correct. [4]

Registration 64

Registration Trademark Government Law 64

43(B)log

AUGUST 8, 2024

There’s also a legitimacy impact; in 2010, some cannabis IDs were accidentally added to the manual and filings went up; went back down when IDs removed. RT: If you have relative examination, and not just refusal on absolute grounds, you really need to know the scope of applicant/registrant services. Not a counterfeiter.

Fair Use 45

Fair Use IP Art Registration 45

IP and Legal Filings

OCTOBER 23, 2024

Trademarks are governed by the Trademarks Act of 1999 and the Trademark Rules of 2017 in India which provides for registration and protection of Trademarks from fraudulent practice. 2] In recent times, many people are misusing the goodwill of others by “trademark squatting”. “The

Trademark 74

Trademark Registration Branding Brands 74

Patently-O

DECEMBER 12, 2021

. § 1052(c) provides, in pertinent part, that the PTO must deny federal registration to a trademark if it “[c]onsists of or comprises a name, portrait, or signature identifying a particular individual except by his written consent….”

Registration 69

Registration Government Advertising Advertising 69