Likelihood of Confusion

OCTOBER 10, 2024

Originally posted 2010-12-24 11:48:31. Republished by Blog Post PromoterOriginally published December 9, 2009.

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Likelihood of Confusion

SEPTEMBER 3, 2023

[stextbox id=”alert”]This is a summary and analysis of the recent (August 2, 2010) decision in Rosetta Stone Ltd. 2010 WL 3063152 (E.D. Google Inc., The case has been. The post Rosetta Stone v. Google: Lost in translation appeared first on LIKELIHOOD OF CONFUSION™.

Trademark Law 59

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IPilogue

AUGUST 2, 2021

European trademark law requires genuine use of a trademark to maintain registration. Lack of use may cancel a trademark’s registration; as well, any oppositions based on a trademark without genuine use may not withstand a non-usage defense. . Photo Credits: BP Miller ( Unsplash).

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Likelihood of Confusion

SEPTEMBER 6, 2024

Originally posted 2010-06-28 01:00:06. Here they report on a Tenth Circuit case clarifiying the applicable standard for declaratory judgment jurisdiction in trademark infringement cases: The court held that the “reasonable apprehension of suit” standard […] The post 10th Cir.

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SpicyIP

NOVEMBER 11, 2024

Image from here Trademark law 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%.

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Likelihood of Confusion

AUGUST 17, 2024

Originally posted 2010-08-17 18:21:16. Republished by Blog Post PromoterCan a building be a trademark? Can a photo of a building be a trademark? Can a drawing based on a photo of a building be a trademark? I’d be inclined to answer no, no, maybe.

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The IPKat

JULY 22, 2022

In 2006, work on simplifying procedures for the protection of industrial designs started in the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) , which has evolved into the draft for the proposed DLT. plants, animals, and microorganisms), and knowledge systems.

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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?

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Likelihood of Confusion

FEBRUARY 3, 2023

I subbed for a more important lawyer on a panel for the American Intellectual Property Association Spring Meeting in New York today (May 7, 2010). This is an outfit I. The post Where nobody knows your name appeared first on LIKELIHOOD OF CONFUSION™.

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Garrigues Blog

FEBRUARY 5, 2024

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.

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Likelihood of Confusion

FEBRUARY 23, 2022

Originally posted 2010-08-10 17:08:46. History repeating and all, ya know. First time, tragedy. Second time — farce. Republished by Blog Post Promoter. The post Slamming the DOORS appeared first on LIKELIHOOD OF CONFUSION™.

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Likelihood of Confusion

AUGUST 19, 2021

Originally posted 2010-03-28 10:00:14. The IMPACT® blog reports a settlement in the Second Life dispute. Republished by Blog Post Promoter. The post Second Life case settles appeared first on LIKELIHOOD OF CONFUSION™.

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Erik K Pelton

DECEMBER 20, 2022

Erik Pelton® has been making trademarks bloom since 1999 ® as the founder of Erik M. Pelton & Associates ®, a boutique trademark law firm in Falls Church, Virginia. trademarks for clients and has represented hundreds of parties in trademark disputes. Past issues of Top Trademark Trends: 2021: [link].

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Technology & Marketing Law Blog

NOVEMBER 11, 2023

Second, and more importantly, because the trademark law consequences of getting it wrong are so severe that few services would choose to roll the dice. The contributory trademark infringement claim survives a motion to dismiss. This ruling highlights the legal risk.

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The IPKat

FEBRUARY 11, 2022

it has become a preeminent firm in the trademark world. An honors graduate of Dartmouth College, and of Harvard Law School, he married a profound understanding of trademark law with a keen practitioner's eye for the needs of his clients and the disarming charm of his charismatic personality.

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Erik K Pelton

DECEMBER 31, 2021

Erik Pelton® has been making trademarks bloom since 1999 ® as the founder of Erik M. Pelton & Associates ®, a boutique trademark law firm in Falls Church, Virginia. trademarks for clients and has represented hundreds of parties in trademark disputes. Past issues of Top Trademark Trends: 2020: [link].

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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.)

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Intepat

MAY 12, 2023

According to the report, the unit of sales of the Honda brand in 2010 in the target market was considerably lesser despite efforts to improve and improvise their brand strategy. On September 21, 2010, the Trademark (Amendment) Act, 2010 , was introduced to bring into action the system of the Madrid Protocol in India.

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IP and Legal Filings

AUGUST 11, 2023

19] Being able to distinguish one’s trademark falls at the centre of the trademark law, as otherwise, it is liable to be rejected under Section 9(1) of the Act. NLSI Rev 67, 80 (2010). [3] 3] A Draft of Manual of Trademark Practice & Procedure, 3.2.4. [4] 5] Trademark Act, 1999, §2, No. 6] Laxmikant V.

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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.

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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]

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The IPKat

MARCH 24, 2023

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.

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Kashishipr

JANUARY 12, 2022

Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection. The trend of incentivizing hashtags as trademarks began way back in 2010, and since then, the filing of such Trademark Applications has spiked globally.

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Garrigues Blog

APRIL 23, 2024

regarding the use of the ZARA trademark, as previously discussed here. of the trademark “ZARA” as a key element in the promotions of its service Club Blinko, in the year 2010, infringed upon the exclusive right that Inditex holds over the renowned trademark “ZARA” Buongiorno Myalert, S.A.

Trademark 52

Trademark Advertising Advertising Trademark Law 52

Erik K Pelton

DECEMBER 28, 2020

Erik Pelton® has been making trademarks bloom since 1999 ® as the founder of Erik M. Pelton & Associates ®, a boutique trademark law firm in Falls Church, Virginia. trademarks for clients and has represented hundreds of parties in trademark disputes. Past issues of Top Trademark Trends: 2019: [link].

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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.

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Copyright Copyright Infringement Music Social Media 83

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.

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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.

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LexBlog IP

AUGUST 30, 2023

1) He made this request on grounds including trademark law and unfair competition law. See: Supreme Court 1420/2019; Supreme Court 1215/2019; Supreme Court 415/2018; Supreme Court 1051/2015; Supreme Court 1625/2014; Supreme Court 537/2010; and Supreme Court 4/2022. (3) dishes and seasonings) as works of IP. (1)

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

IP and Legal Filings

AUGUST 4, 2023

List of Indian celebrities who have got a trademark registration for their name [non- exhaustive list] The trademark law in India is very clear on the point that a name will only be protected under a trademark when it is used concerning to any product or service and not merely to protect the identity or the brand value of that person.

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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]

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SpicyIP

AUGUST 26, 2024

2010), in which the Court upheld singer Daler Mehndi’s right to protect his public image, voice and appearance against unauthorised commercial use. The scope of these rights has been further developed judicially by an array of observations and pronouncements, starting with D.M. Entertainment Pvt. Baby Gift House & Ors.

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Personality Rights Privacy Copyright Trademark 103

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. PDO and PGI designations are used for agricultural products that traditionally have been produced in a particular geographic region.

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IP and Legal Filings

AUGUST 23, 2023

Agro Tech Food Limited (2010) 44 PTC 736 (Del.) (DB)at Jubilant Agri & Consumer Products Ltd. 2014 (57) PTC 617 (Bom); M/S South India Beverage Limited v. General Mills Marketing Inc; Phonepe Private limited v. EZY Services [8] 2021 SCC OnLine Del 2635. [9] 9] Marico Limited v. DB)at para 15-17; Phone Pay [10] Rich Products Corp v.

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Corsearch

NOVEMBER 15, 2022

Brands and IP owners are closely watching the development of StockX and MetaBirkins lawsuits that may lay the foundation of IP law in the metaverse. The StockX lawsuit may set a legal precedent regarding what kinds of NFTs can be created, while MetaBirkins may clarify how trademark law will be applied to NFTs.

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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.

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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. Let’s see how it unfolded.

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