SpicyIP

MARCH 16, 2025

Highlights Finding the Real Burger King: Identical Marks & Prior Use in the Pune Eatery Case It has been 14 years since the Burger King trademark dispute began in India, still with no end in sight. The plaintiff,, filed for summary judgment and permanent injunction against trademark infringement. Ramada International, Inc.

Trademark 59

Trademark Copyright Branding Brands 59

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

Apparently due to this notoriety, Poulsen obtains patent and trademark protection for its roses throughout the world, including the United States. According to the Complaint, Poulsen developed a unique currant red hybrid tea rose variety branded with the trademark INGRID BERGMAN (the “Mark”) in the early 1980s. Federal Trademark Reg.

Trademark 40

Trademark Branding Branding Brands 40

SpicyIP

MAY 23, 2022

Under the Trademarks Act, 1999, the legislature has explicitly mentioned that offences under Section 103, 104, and 105 of the Trademark Act, which may extend upto three years are cognizable offences (under Section 115(3) ). Intention of the Legislature.

Copyright 137

Copyright Ownership Copyright Infringement Law 137

SpicyIP

AUGUST 26, 2024

Neela Film”), issued an ex-parte ad-interim injunction against the defendants, including websites, e-commerce platforms, YouTube channels and ‘John Doe’ parties, restraining them from infringing the copyright and trademark of the makers of the popular Hindi television sitcom “Taarak Mehta Ka Oolta Chashma” (“TMKOC”). Rajat Nagi & Ors.

Personality Rights 111

Personality Rights Privacy Copyright Trademark 111

43(B)log

DECEMBER 26, 2022

28, 2022) Brick and mortar infringement still exists, and this opinion considers both copyright and trademark claims. The logo is registered with the Copyright Office, and AFK applied for trademark registration as well. Use” is also an element of trademark infringement. AKF sued LCF etc. What about §43(a) of the Lanham Act?

Copyright Infringement 59

Copyright Infringement Branding Branding Brands 59

The TTABlog

JUNE 13, 2022

Trademark Rule 2.104(c), 37 C.F.R. SAS Optimhome , 99 USPQ2d 1959, 1963 (TTAB 2011). Trademark Rule 2.107(b), 37 C.F.R. The only claim Opposer Saber included on the ESTTA form and in its pleading was nonownership under Section 1 of the Trademark Act. 2.104(c); see also CSC Holdings LLC v. 2.107(b); see also O.C.

Ownership 40

Ownership Registration Design Designs 40

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.

Intellectual Property 95

Intellectual Property Marketing Marketing IP 95

IIPRD

SEPTEMBER 17, 2021

The famous brand Lays, during the ICC World Cup 2011 launched 6 new flavors, named after the countries playing the match, India, Sri Lanka, West Indies, Australia, England, and South Africa. TRADEMARK. A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of another.

Editing 52

Editing IP Artistic Work Designs 52

SpicyIP

AUGUST 2, 2024

Currently, Bhaker is managed by iOS Sports & Entertainment, who released a statement calling such unauthorized advertising as “moment marketing free of cost,” and issued a legal notice to the above brands to take such commercials down, contending that such advertisements violated their ownership of Bhaker’s personality rights.

Brands 105

Brands Branding Branding Personality Rights 105

Biswajit Sarkar Copyright Blog

JULY 11, 2022

2011) the “arbitrability of IPR disputes” was the subject of a notable ruling by the Hon. 2011 in relation to the personam problem arising out of rights in rem. The jurisdiction of the arbitral tribunal is not affected by the Trademarks Act or the Copyright Act. Arbitration in Intellectual Property. Supreme Court.

Intellectual Property 52

Intellectual Property Settlement IP Copyright 52

43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. I don’t quite get how it could show ownership of the trade dress in the US but not ownership of the word marks.) Latinfood U.S.

False Advertising 59

False Advertising Advertising Advertising Registration 59

SpicyIP

NOVEMBER 21, 2022

Pharmaceutical Trademark Confusion: Poison Pill or Public Health? The Plaintiff had argued that all the rights pertaining to the film vests with them by virtue of an agreement with the producer entered in 2011. while also acknowledging the pending applications for change of ownership. Highlights of the Week.

IP 100

IP Cease and Desist Patent Music 100

Patently-O

MAY 1, 2024

But, mere ownership of the patent does not automatically confer standing – the plaintiff, whether the patentee or an exclusive licensee, must have retained the right under the patent to exclude the accused infringer from practicing the claimed invention. Although not directly relevant for this case, The patent at issue, U.S.

Licensing 56

Licensing Patent Ownership Patent Infringement 56

IIPRD

FEBRUARY 8, 2024

3] held that the plaintiff’s trademark and trade dress was infringed by defendants. 1197 (1994) [12] Ministry of Communication and Information Technology, Rules on Information Technology, 11th April, 2011 (India). The Delhi High Court in Bajaj Electricals Limited vs. Gourav Bajaj & Anr. [3] 299, 33 I.L.M.

Intellectual Property 52

Intellectual Property IP Government Technology 52

Intepat

NOVEMBER 2, 2023

The number of patent submissions from India has witnessed substantial growth, more than doubling between 2011 and 2021. The country has witnessed a substantial increase in patent and trademark filings, aiming to elevate its IP office to a prominent global position.

Intellectual Property 52

Intellectual Property IP Higher Education Technology 52

Plagiarism Today

OCTOBER 27, 2021

Yesterday, we looked at the myriad of ways that copyright and trademark impact Halloween costumes. Copyright Challenges in Creating Garbage Horror : Back in October 2011, my partner and I were running a small YouTube channel named Garbage Horror, where we reviewed various low-budget horror movies.

Plagiarism 246

Plagiarism Copyright Public Domain Copyright Infringement 246

IP and Legal Filings

APRIL 19, 2023

This right is similar to the use of a trademark but not the same. The performer owns the ownership of the performance under Section 38 of the Copyright Act and has sole control over the recording and reproduction of the performance. The same may be defended under section 35 if the same act is based on a bona fide belief.

Personality Rights 98

Personality Rights Privacy Moral Rights Copyright 98

43(B)log

APRIL 28, 2022

He also hosted a reunion and golf tournament in 2007 and engaged in other referential activities; he managed royalties from the licensed USFL apparel from 2011-2021. The 2011 registrations were acquired from an unrelated entity. Defendants’ priority dated from 2011; at this point, plaintiffs failed to show fraud.

Licensing 45

Licensing Advertising Advertising Registration 45

IP and Legal Filings

JANUARY 10, 2023

An upsurge in production of new technology would provide multiple opportunities in the field of IPR, such as patents and copyrights over new technological inventions and concepts and other trademark rights of the companies looking to provide services in the virtual world. Trademark rights in Metaverse. In another case of TATA Sons V.

Intellectual Property 59

Intellectual Property Invention Trademark Government 59

IP and Legal Filings

AUGUST 26, 2024

Personality Rights: Every individual has the right and ownership over the use of the information related to their identity, and this right even increases when the use is commercial. 9] Section 14, The Trademarks Act, 1999. [10] 2011 SCC Online Del 2660 [11] Amitabh Bachchan v. 10] Mr. Arun Jaitley v.

Personality Rights 52

Personality Rights Privacy Intellectual Property Law Intellectual Property 52

IPilogue

JANUARY 14, 2022

Our hard-working students and community members published more than twice as many articles than in 2020 and the most articles in a calendar year since 2011. This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Trademark Law. Parody in Trademarks is No Joke.

IP 105

IP Copyright Infringement Inventor Intellectual Property 105

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Patent and Trademark Office (“USPTO”), climbing from 3,773 in 2010 to 5,319 in 2019 (see Figure 1). Up from just 10 cases involving patents related to battery technologies in 2011, 27 in 2020 alone there were 93 such cases in U.S. higher energy density), and more durable than lithium-ion batteries. district courts, the U.S.

Intellectual Property 52

Intellectual Property Journalism Technology IP 52

Intepat

APRIL 11, 2025

Hence, website takedown actions have emerged as a crucial tool for rights holders in India seeking to combat online infringement of their copyrights, trademarks, and other IP. Proof of ownership of the IP right. Specific URLs of the infringing content.

IP 52

IP Social Media Due Diligence Intellectual Property 52

SpicyIP

MARCH 22, 2025

Like their app ZEPTO, Kiranakart Tech doesnt seem to believe in delay, this time over the use of trademarks. March 3 which allowed Kiranakart Techs rectification application against an identical ZEPTO trademark. In this post, Ill take a look at the facts of the case and the legal framework for the cancellation of a trademark.

Advertising 59

Advertising Advertising Trademark Registration 59

SpicyIP

APRIL 6, 2025

The plaintiff instituted a suit against the defendants seeking a decree of permanent injunction for infringement of its registered trademarks ‘GINGER’ and copyright infringement of the original professional photographs of its GINGER hotels. Trademarks PUKHRAJ and EMERALD are registered trademarks of the plaintiff.

Trademark 93

Trademark Copyright Infringement Registering Trademarks Copyright 93