SpicyIP

FEBRUARY 3, 2025

Prabha Sridevan, Judge, MHC (2000-2010) and Chairperson, IPAB (2011-2013) was recently interviewed by SpicyIP Doctoral Fellow Malobika Sen as part of her doctoral research. the original plaintiff) filed a suit to protect four registered Kirloskar trademarks against alleged infringers. Kirloskar Brothers Ltd.

Copyright 95

Copyright Trademark Litigation Copyright Infringement 95

IP and Legal Filings

JUNE 26, 2023

However, the extent of protection and applicable principles of trademark law that surround the numeral trademark takes center stage in the discussion. Additionally, various judgements by courts have provided no straight jurisprudence regarding protection of numeral trademarks. vs. Sach Industries [iii].

Trademark 96

Trademark Fair Use Registration Branding 96

IP and Legal Filings

FEBRUARY 7, 2023

This demonstrates the succinctness and simplicity of the Metaverse’s trademarking mechanism. Their rights will be protected thanks to the metaverse brands’ trademarks. By deterring rip offs, trademarks safeguard a company’s identity and the repute of its brand(s), especially in the Metaverse.

Trademark 98

Trademark Non-Fungible Tokens Branding Brands 98

IP and Legal Filings

OCTOBER 30, 2023

Hence, it is no wonder that the battle for ownership of her trademark is also highly sought after. Barbie’s unique corporate identity, which includes its name, logo, and slogan, has always been carefully protected by trademarks thanks to Mattel’s vigilance.

Trademark 98

Trademark Branding Brands Branding 98

IP and Legal Filings

FEBRUARY 20, 2023

Thus, there is an unmistakable similarity between domain names and trademarks, which is why domain names have been granted trademark recognition and protection. Reliance is also a registered trademark, and as such, it is protected from trademark infringement.

Trademark 98

Trademark Registering Trademarks Registration Trademark Law 98

IP and Legal Filings

SEPTEMBER 12, 2024

INTRODUCTION Section 29 [1] of the Trademark Act, 1999 , defines infringement as: “Trademarks infringement occurs if an unauthorized party makes use of a registered trademark in a way that is likely to lead to confusion about the origin of the product.” FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign

Branding 98

Branding Brands Branding Trademark 98

IPilogue

AUGUST 30, 2021

The case, United States Patent and Trademark Office v. signals broader protections for trademarks vis-à-vis giving online companies latitude to trademark “generic” titles and disagreeing with the federal government’s restrictions. Patent and Trademark Office (“USPTO”). Booking.com B.V.

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Registration Trademark Journalism Intellectual Property 105

Technology & Marketing Law Blog

MARCH 7, 2022

Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. b)(4)(i)(A) (2011). Unicolors, Inc. b)(4) (2021).]

Registration 98

Registration Blogging Copyright Designs 98

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. With trademark registration in UAE, it was the first time that the brand gets trademark registration in a gulf country.

Registration 52

Registration Trademark 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

FEBRUARY 2, 2024

However, what would happen if business houses wanted to trademark the name of the god they worshipped? As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited.

Trademark Law 98

Trademark Law Trademark Law Service Mark 98

IPilogue

AUGUST 4, 2022

That marked the first time that the Court invalidated a trademark for reasons of bad faith per s. 18(1)(e) of the Trademarks Act (TMA). Judian opened locations specifically in metro Vancouver for the large Chinese Canadian population in this area who would recognize the Beijing Judian trademarks. v Wei Meng. The Decision.

Trademark 114

Trademark Registration Designs Design 114

Kashishipr

DECEMBER 21, 2021

Originating from German doctrine, one of the unconventional or non-traditional trademarks, ‘Position Marks,’ is a clear, precise, intelligible, and objective kind of mark placed or affixed at a specific area on a product in an appropriate and proportionate shape and size, capable of showing graphical representation.

Intellectual Property 105

Intellectual Property Registration Trademark Branding 105

SpicyIP

JULY 28, 2023

But what seems like a probable ramification of the rebranding move is the trademark dispute that the organization is going to face due to this. many of the Trademark attorneys and reporters have questioned the move due to the similar trademarks held by close to a thousand applicants including tech giants like Microsoft and Meta.

Trademark 96

Trademark Marketing Marketing Branding 96

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. . Hasbro v EUIPO. In 2015, Doga?aji’s

Trademark 59

Trademark Registration Trademark Law Intellectual Property 59

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 Branding 59

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

IP and Legal Filings

JULY 28, 2022

The company recently filed 10 applications with the US Patent and Trademark Office for the McDonald’s brand and McCafe. The trademarks are for virtual food and beverage products. The trademark of Mc/Mac has been under the debate all around the globe. The trademark of Mc/Mac has been under the debate all around the globe.

Trademark 97

Trademark Branding Brands Branding 97

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. 2017/1001 and thus can be registered as a trademark.

Trademark 75

Trademark Advertising Advertising Registration 75

The TTABlog

MARCH 22, 2024

Bertini petitioned to cancel a registration for the mark APPLE for a host of entertainment and other services in class 41, claiming that Apple Inc. Bertini contended that the nonuse occurred "during a period of at least three years and six months after the date of the SOU, namely during November 11, 2011 - May 31, 2015."

Registration 49

Registration Service Mark Trademark Copyright 49

The TTABlog

SEPTEMBER 14, 2023

SAS Optimhome , 99 USPQ2d 1959 (1960) (TTAB 2011). Under the Trademark Act and applicable rules, the grounds for the opposition are limited to those stated on the ESTTA cover sheet, regardless of the claims made in the notice of opposition itself. Registration or pending application," then the mark should be entered in a third box.

Law 89

Law Registration Trademark Copying 89

IP and Legal Filings

AUGUST 4, 2023

To prevent the undue usage of their goodwill and branding celebrities used to get their names registered under the trademark act. 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.

Trademark 52

Trademark Registration Branding Brands 52

LexBlog IP

JULY 28, 2023

The trademark dispute that has been steadily escalating between Illinois-based Citizens Equity First Credit Union (“Citizens”) and California-based San Diego County Credit Union (“SDCCU”) could be headed to the Supreme Court. registration and purported common law rights to the standalone tagline NOT A BANK.

Trademark 52

Trademark Registration Law Patent Law 52

SpicyIP

FEBRUARY 27, 2023

Battle of the Firms – The Irony of IP Law Firms Being Sued for Trademark Infringement IP firms sue others for infringement all the time, but it’s surely interesting when they themselves are involved in suits over their own IP. Coincidentally, this time too the petitioner was the Japanese car manufacturer Toyota. Case: TTK Prestige Ltd.

Trademark 104

Trademark IP Registration Technology 104

IP and Legal Filings

NOVEMBER 27, 2022

Trademark refers to the cumulation of distinctive sign/symbol, design, or combination which is exclusively associated with the products or services helping the targeted customers identify the same easily. Distinctiveness – under the Trademark Act, the term ‘mark’ includes ‘combination of colours’ making it intrinsically obscure.

Trademark 52

Trademark Branding Brands Branding 52

The IPKat

OCTOBER 4, 2021

In 2000, Nestlé filed an application with the Swiss Trademark Office for registration of a 3D trade mark in class 30 for coffee, coffee extracts and coffee preparations. In 2011, Nestlé secured a preliminary injunction in Switzerland, based on its registered 3D mark, against Ethical Coffee Company's capsules.

Public Domain 145

Public Domain Marketing Marketing Licensing 145

SpicyIP

NOVEMBER 2, 2021

We’re very happy to bring our readers a guest post that uses a dataset of more than 300,000 trademark examination reports from the year 2019, as the basis for analysing the trademark registry’s examination process. A dataset was built by scraping the electronic register of the Indian Trademark Registry in 2020.

Reporting 126

Reporting Trademark Advertising Advertising 126

SpicyIP

AUGUST 10, 2023

The case revolved around SAP Se (Appellant) trying to furnish new evidence according to the Trademark Rules, 2002. It started trading in India in around 1992 under the mark “SAP” and applied for trademark registration in 1999. The Appellant herein was a software entity providing business solutions for a number of industries.

Trademark 98

Trademark Law IP Registration 98

SpicyIP

MAY 8, 2022

Eashan has been practicing as an intellectual property advocate and consultant in New Delhi since 2011, and teaches a seminar on intellectual property law at National Law University, Delhi. An image of a notepad with ‘Trademark’ written on it from here ). Eashan Ghosh. (An At its core is a solitary question.

Intellectual Property 122

Intellectual Property Intellectual Property Law Registration Law 122

The TTABlog

JUNE 12, 2024

In this opposition to registration of the mark MOUNTAIN GATEWAY COMMUNITY COLLEGE for educational services and various clothing items, Applicant Virginia Community College Systems moved for summary judgment, asserting that the Board lacked subject matter jurisdiction due to state sovereign immunity. SA , 100 USPQ2d 1584, 1591 (TTAB 2011).

Registration 53

Registration Trademark Litigation Government 53

LexBlog IP

SEPTEMBER 29, 2022

(I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). Every sound trademark seems not only to signify something but to raise a question or two as well. Hence, the title of this piece and the discussion below.

Trademark 52

Trademark Registration Music Intellectual Property 52

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 Brands Branding 40

The TTABlog

FEBRUARY 8, 2022

Court of Appeals for the Ninth Circuit reversed (in part) the district court's dismissal of a civil action for unfair competition, trademark dilution, and trademark infringement involving Defendant Meenakshi's three IDHAYAM marks registered for sesame seed oil. In December 2019, the U.S. TTABlogged here ].

Litigation 75

Litigation Registration Branding Brands 75

SpicyIP

MAY 30, 2024

from seeking rectification of FCB Garment Tex’s “IVANS” trademark. Inter alia, Vans Inc backed its arguments for rectification with its recent recognition as a well known trademark. For a well-known trademark, range of protection extends to dissimilar goods and services as well. The respondent, FCB Garment Ltd.

Trademark 45

Trademark Marketing Marketing Registration 45

43(B)log

JUNE 20, 2022

Laches can bar both injunctive relief and damages in trademark cases, and here the court grants a motion to dismiss based on laches. It has a 2014 registration for “Darkside NYC” for live musical performances by a band; the production of musical sound recordings; and websites with information about music or entertainment.

Music 59

Music Branding Brands Branding 59

IP and Legal Filings

OCTOBER 31, 2023

However, using a generic term as a trademark is a tricky play, SUN is a good example of an arbitrary trademark reason being as it is used for computer products and its extensive use has acquired distinctiveness. Indian Trademarks Act of 1999 prohibits the registration of generic trademarks under section 9(1).

Trademark 59

Trademark Trademark Law Registration Fair Use 59

The TTABlog

MAY 5, 2022

In what appears to be a case of first impression, the Ninth Circuit ruled (perhaps unsurprisingly) that under the Madrid Protocol, a foreign applicant who obtains a registration without showing actual use in the United States has a right of priority, as of the relevant constructive use date, over another who first used the mark in the United States.

Registration 52

Registration Marketing Marketing Trademark 52