SpicyIP

FEBRUARY 3, 2025

Other Posts SpicyIP Tidbit: Delhi Police Authorized to Issue Takedown Orders for Unlawful Content On 26th December 2024, the Delhi Government issued a gazette notification, designating Delhi Police as the nodal agency for regulating digital content hosted or published on intermediary platforms in the National Capital Territory of Delhi.

Copyright 95

Copyright Litigation Trademark Copyright Infringement 95

IPilogue

AUGUST 4, 2022

That case centered around the issue of whether the applicant’s “JU DIAN & Design Mark” was obtained in bad faith contrary to 18(1)(e) of TMA or was otherwise invalid per 18(1)(b) or 18(1)(d) of the TMA. Background. The following family of JU DIAN character trademarks have been heavily used in China to promote their restaurants.

Trademark 114

Trademark Registration Design Designs 114

The IPKat

JANUARY 1, 2025

He kept readers informed about the latest developments in trade marks, designs, AI, and copyright law. The registration form is available here. The registration deadline is one day before each webinar. Kevin Bercimuelle-Chamot joined the IPKat as an InternKat at the start of 2023 and then continued as a GuestKat.

Ownership 64

Ownership IP Registration Intellectual Property 64

IP and Legal Filings

JANUARY 30, 2022

The Respondent secured federal trademark registration for “Get Lucky” in 1986, and the Petitioner commenced offering garments employing the registered trademark “Lucky Brand” and term “Lucky” a few years later, in 1990. However, the Second Circuit Court of Appeals disagreed.

Trademark 105

Trademark Branding Brands Branding 105

The IPKat

MARCH 25, 2024

Here’s what Henning writes: Works of applied art – the difference between design and copyright law by Henning Hartwig I. USM Haller modular furniture In 2011, the Court of Justice of the EU (CJEU), for the first time, had to decide on issues revolving around the protection of different categories of works under European copyright law.

Copyright Law 80

Copyright Law Art Design Designs 80

The IPKat

NOVEMBER 30, 2023

The case concerned the registration of 'Prosecco' as a GI in Singapore. This Kat was interested to see a court finally address this argument Singapore has offered protection for GIs since 1999, but it only adopted a registration-based system in the last decade with the Geographical Indications Act 2014 ('GIA').

Registration 135

Registration Advertising Advertising Law 135

IP and Legal Filings

DECEMBER 17, 2024

This blog discusses the concept of non-conventional trademarks, its use in Pharmaceutical Industries, relevance and complexity surrounding the registration process under Indian Law. Section 9(1) (a) states that non–distinctive trademarks are not eligible for registration, which presents a challenge for single-colour trademarks.

Trademark 52

Trademark Branding Branding Brands 52

SpicyIP

JANUARY 26, 2025

Lokesh Vyas dwells on these questions in his post in the aftermath of SRAIs registration! The plaintiff claimed to have adopted the trademarks in 2006, acquired a registered design in 2019, and built significant goodwill for his products. The plaintiffs claims regarding his trademarks and registered designs were upheld.

Trademark 59

Trademark Art Registration Business 59

IP and Legal Filings

AUGUST 11, 2021

The Khadi and Village Industries Commission (KVIC) has secured trademark registration for the brand name “Khadi” in three more countries which were Mexico, United Arab Emirates, and Bhutan. The trademark registration in Mexico was granted in December 2020, while the registration in UAE was granted on June 28 and latest in Bhutan on July 9.

Registration 52

Registration Trademark Branding Branding 52

IP and Legal Filings

AUGUST 11, 2023

2] This new set of marks is often referred to as non-traditional trademarks , and the qualification for their registration, as opposed to a traditional mark, is substantially higher. [3] I do this by demonstrating the statutory criteria for trademark registration and then applying the set criteria to check the registrability of braille.

Trademark 98

Trademark Registration Intellectual Property Intellectual Property Law 98

IP and Legal Filings

MARCH 24, 2023

Introduction The Plaintiff is engaged in the construction business and is the proprietor of trademark BURJNOIDA in class 37 (for building and construction services) as of February 2, 2011, which it claims to have been using since December 24, 2010.

Registration 98

Registration Trademark Copyright Infringement Copyright 98

The TTABlog

SEPTEMBER 14, 2023

In its notice of opposition, opposer claimed a likelihood of confusion with its marks STERLING , in standard character and design form, and STERLING COMPUTERS. SAS Optimhome , 99 USPQ2d 1959 (1960) (TTAB 2011). Registration or pending application," then the mark should be entered in a third box. See CSC Holdings LLC v.

Law 89

Law Registration Trademark Copying 89

IP and Legal Filings

OCTOBER 30, 2023

Barbie, a name synonymous with an unattainable standard of femininity and the concept of commercial feminism, was designed to captivate the toy market with all its glittery pink magnificence. A straightforward pink sans-serif typeface was used for the 1959 original trademark registration.

Trademark 98

Trademark Branding Branding Brands 98

LexBlog IP

FEBRUARY 24, 2022

The Supreme Court held today that lack of knowledge of either fact or law can excuse inaccuracies in a copyright registration under Section 411(b)’s safe harbor provision of the Copyright Act. Unicolors created fabric designs but did not publish them at the same time. H&M moved for judgment as a matter of law. legal mistakes.”

Registration 40

Registration Copyright Law Publishing 40

The IPKat

MARCH 17, 2024

VCC also failed to have the NEW CERTAN trade mark registration cancelled. Kreglinger's first vintage of the wine promoted and sold as "New Certan" was the 2011 vintage, released in 2013. The label designer had received photos of VCC bottles and instruction from de Moor to use them as inspiration.

Design 109

Design Designs Marketing Marketing 109

IP and Legal Filings

JULY 28, 2022

The Department of Industry, which is the quasi-judicial authority responsible for filing, registration and other procedural aspects, has given a decision against McDonald’s. It was back in January 2011 when Future Enterprises had officially filed ‘Mac Coffee and Eagle device’ trademark before DOI. Facts of the case.

Trademark 97

Trademark Branding Branding Brands 97

SpicyIP

MARCH 16, 2025

Case Summaries Vst Industries Limited vs Asd Tobacco Private Limited & Anr on 6 March, 2025 (Delhi High Court) The petitioner, filed the petition to remove the respondents registration for the mark CHUMS from the Trade Mark Register. The appellant filed the present appeal.

Trademark 59

Trademark Copyright Branding Branding 59

IP and Legal Filings

SEPTEMBER 12, 2024

Samsung : This was a case, from 2011 to 2018, where Apple took the word against Samsung, claiming infringement of its smartphone design and utility patents. 2] Adidas vs. The lawsuit raised an understanding of the value of enduring trademarks and the perils of “knock-off” designs. FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign

Branding 98

Branding Brands Branding Trademark 98

The IPKat

DECEMBER 21, 2023

Those machines have been imported into the UK for distribution and sale since June 2013, and marketed using the acronym ICE and the following logo: Both the Claimant and the First Defendant have trade mark registrations in the United Kingdom.

Registration 69

Registration Intellectual Property Design Designs 69

The IPKat

DECEMBER 17, 2021

Background In 2011, Austrian applicant Gabriele Schmid successfully applied for a figurative mark, which displays the official EU symbol for protected geographical indications (‘the PGI symbol’) within the meaning of Regulation (EU) 1151/2012. Symbols that are of particular public interest do not enjoy absolute protection.

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Registration Reporting Design Designs 141

IPilogue

JULY 9, 2021

I am working on the revised 3rd edition of my book on Intellectual Property Law (Irwin Law 2011, 2nd edition) , and with Professor Pina D’Agostino as co-author on the revision of the 2nd edition on Copyright Law (Irwin Law 2000). What if they got nothing extra from patenting or design registration?

Intellectual Property 81

Intellectual Property Editing Intellectual Property Law IP 81

LexBlog IP

MARCH 3, 2022

Unicolors is the owner of copyrights in various fabric designs, including a 2011 copyright registration that consisted of 31 separate designs. On appeal, the Ninth Circuit disagreed with the district court and ruled that because Unicolors had made a mistake of law in connection with the registration (i.e.

Copyright Infringement 52

Copyright Infringement Copyright Registration Copyright Law 52

IP Intelligence

JUNE 3, 2021

On June 1, 2021, the Supreme Court granted certiorari on the question of whether Section 411(b) of the Copyright Act is intended to be a “fraud” statute that requires scienter for cancellation of a copyright registration. The court held that there were no valid grounds for cancellation of the registration, since fraud was not proven.

Copyright 52

Copyright Registration Artwork Design 52

IP and Legal Filings

FEBRUARY 7, 2023

Importance of Registration of Trademarks in the Metaverse Businesses may now reach a larger audience, increase their digital footprint, and increase profits by utilising the Metaverse. The trademark registration safeguards the owner’s rights and establishes the business’s legal standing.

Trademark 98

Trademark Non-Fungible Tokens Branding Branding 98

CopyrightsWorld

APRIL 29, 2022

On November 3rd, 2018, Thaler filed a copyright application for A Recent Entrance to Paradise, designating himself as the claimant and the work’s author as “Creativity Machine,” saying that the copyright should be transferred from the AI to him due to his “ownership of the machine.” says the author.

Copyright 98

Copyright Artwork Public Domain Art 98

CopyrightsWorld

APRIL 29, 2022

On November 3rd, 2018, Thaler filed a copyright application for A Recent Entrance to Paradise, designating himself as the claimant and the work’s author as “Creativity Machine,” saying that the copyright should be transferred from the AI to him due to his “ownership of the machine.” says the author.

Copyright 98

Copyright Artwork Public Domain Art 98

IP and Legal Filings

NOVEMBER 30, 2022

The 19th Asean meeting, which took place in November 2011, saw the introduction of the Regional Comprehensive Economic Partnership. Additionally, it requires Cambodia to maintain online databases with data on applications and registrations for patents, industrial designs, and trademarks. Introduction. Conclusion.

Intellectual Property 95

Intellectual Property Marketing Marketing IP 95

LexBlog IP

JULY 21, 2021

It outlines trends, data and legal rights pertaining to patents, trade marks, designs, plant breeder rights ( PBR ) and copyright. Design certifications remained generally stable (with a small decrease) in 2020. Over the past decade, standard patent applications have shown an overall upward trend, with 2020 filings up 15% from 2011.

Reporting 52

Reporting IP Patent Application Registration 52

azrights

JUNE 15, 2022

Match Group successfully challenged the Muslim dating app, Muzmatch’s, trade mark registrations in the EU and the U.K. According to The Guardian , Mr Shahzad set up Muzmatch as a side business in 2011. I’d love to help you to learn how to create stand out brands that are designed to succeed.

Business 93

Business Branding Branding Brands 93

43(B)log

AUGUST 18, 2021

For example (the details vary a little depending on defendant, but you get the picture): The STURGIS BIKE WEEK registration dates to 1997; defendants’ “Sturgis Motor Classic” came from 1997-98. SMRI ultimately sent one C&D in August 2006, and filed suit in June 2011. Here the court considers acquiescence and laches.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

2,990,814 (the “‘814 Registration”), has been used in U.S. 1057(b), Poulsen claims the ‘814 Registration is prima facie evidence of the validity of the Mark, Poulsen’s ownership of the Mark, and Poulsen’s exclusive right to use the Mark in commerce. Poulsen claims the Mark, protected under U.S. Federal Trademark Reg.

Trademark 40

Trademark Branding Branding Brands 40

TorrentFreak

MAY 31, 2024

2/2011) in 2011 led to the formation of an administrative body known as the Second Section of the Intellectual Property Commission (S2CPI). Four of those were rejected in Q1 2024 for complaining about the registration of a website, not an established website where infringement is taking place. pirateproxy.live 1337x.gd

Music 114

Music Reporting Advertising Advertising 114

Intepat

MAY 28, 2024

This success is largely attributed to Apple’s effective trademarking of various designs and sounds related to its products and services. Notably, Apple trademarked its store design in the United States in 2011. Prior Registration and Use: Apple Inc. Cracking the Code: What Sets Apple’s Trademark Apart?

Trademark 52

Trademark Intellectual Property Branding Branding 52

The IPKat

SEPTEMBER 29, 2022

Giovanni Guglielmetti dealt with the subject of design protection under copyright law, starting from the well-known judgments Cofemel Case C-683/17 and Brompton Case C-833/18 [Katposts here and here ]. It is true, in fact, that the Court held that there is no requirement other than 'mere' originality (i.e.,

Reporting 83

Reporting Copyright Intellectual Property Artistic Work 83

The TTABlog

MARCH 9, 2022

The Board dismissed a petition for cancellation of a registration for the mark NUTRIVITA , in standard character form, for "dietary and nutritional supplements," on the alleged grounds of nonuse and abandonment. For example, the fact respondent abandoned a prior registration for NUTRAVITA in a design form was irrelevant.

Licensing 45

Licensing Registration Design Designs 45

The IP Law Blog

FEBRUARY 3, 2022

In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” This protected designation was superseded by adoption of the Protected Designation of Origin (“PDO”) for GRUYÈRE in 2001.

Design 52

Design Designs Trademark Branding 52

Biswajit Sarkar Copyright Blog

MARCH 26, 2022

The law governing the protection of geographical indications in India has been that of the Geographical Indications of Goods (Registration and Protection) Act, 1999. The remedies can be claimed under Section 67 of the Geographical Indications of Goods (Registration and Protection) Act, 1999 in the form of civil remedies and criminal remedies.

Intellectual Property 52

Intellectual Property Registration Design Designs 52