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A trademark refers to a recognizable expression, design, or sign uniquely identifying the products or services of a specific source and differentiating them from those of others. A trademark may be located on the packaging, voucher, label, or the product itself. Law on Color Trademarks in India.
Originally posted 2012-12-21 06:00:01. Republished by Blog Post PromoterOriginally posted March 30, 2012. The Second Circuit, just yesterday (March 29, 2012) has issued an opinion called Louis Vuitton v. 08-4483-cv(L)) sure to bring joy to the hearts of trademark counterfeiting enforcers everywhere. Ly USA, Inc. (08-4483-cv(L))
Coca-Cola holds the trademark rights in India, but not in the USA. In 2012, the Meenaxi registered the two word marks with the USPTO (THUMS UP & LIMCA). McCarthy on Trademarks § 29:1. A simple assumption is that territorial limits align with both the laws and the people. This is plainly insufficient.
Top Trademark Trends of 2021. 2021 was a busy year in the world of trademarks. The uncertainties of COVID in a second year couldn’t stop huge application filing numbers and many developments in the world of trademarks. Trademark scams continued to proliferate, despite some increased efforts to crack down.
This is a trademark case. Dollar Financial holds registered trademarks for MONEY MART – the name it uses for its payday and title loan venders as well as pawn shops and pawn brokerages. Dollar Financial ( Fed.
The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.
And trademarks have been along for the ride. While there were not, in my opinion, any major court developments affecting trademark owners, there have been many other events and changes that have impacted the world of trademarks over the past 12 months. The year’s biggest story impacted trademarks in a few different ways.
This is an interesting example of how intellectual property law can be utilized to smother the proliferation of harmful views. The context surrounding the litigation shows that protecting business interests is not trademarklaw’s sole function. . However, a proceeding like that between WOTC and TSR LLC can suggest otherwise.
The trademark dispute between Olympic and Retrolympic was a bit interesting owing to the dispute about the likelihood of confusion between the competing marks. The marks are Retrolympic and IOC trademark ‘Olympic.’ The Federal Supreme Court rules that the German Olympic Protection Act provides special trademark protection for Olympia.
C Union of India (2012). Therefore, the Court’s approach amounts to an unsubstantiated piercing of the corporate veil while not taking into account relevant principles and case laws. Existing trademarklaws sufficiently address online infringement without needing a new “e-infringement” category.
We are pleased to bring you a guest post from Payal Saraogi, on a recent decision of the Delhi High Court on Google’s use of trademarks as advertisement keywords. Payal has graduated from the School of Law, Christ University in 2020, and currently practices as a disputes lawyer. Google India Private Limited and others.
If the title sounds familiar, you are part of the reason Booking.com successfully trademarked “Booking.com” while paving the way for owners of similar marks to receive trademark protection. The Decision. Justice Breyer disagreed with the majority’s decision, specifically (1) that placing “.com”
Originally posted 2012-03-30 14:37:51. Republished by Blog Post PromoterThe Second Circuit, just yesterday (March 29, 2012) has issued an opinion called Louis Vuitton v. 08-4483-cv(L)) sure to bring joy to the hearts of trademark counterfeiting enforcers everywhere. Ly USA, Inc. (08-4483-cv(L))
A member of the California, Federal Circuit Bar, and US Supreme Court bars, Ghosh was elected to the American Law Institute in 2012 and is currently a member of the advisory board on the Restatement of Copyright. Ragavan’s scholarship emphasizes issues intersecting international trade law with intellectual property rights.
ii] This blog post will (i) introduce the problem of counterfeit sports merchandise, (ii) provide a summary of trademark policy rationales and how they have been applied in the sports apparel context, and (iii) offer a proposed solution to the problem. (i) i) Introduction to the problem of counterfeit sports merchandise. Euroquilt, Inc. ,
Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. Under trademarklaw, 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.
Name saturation is an existential challenge for every industry that harnesses trademarklaw to protect its brand. Read on as we explore how you can conquer the likelihood of confusion in your pharmaceutical trademarks. As more and more names are registered, fewer are available for use.
We are pleased to bring to you a guest post by Naman Keswani on the concept of naked licensing within trademarkslaw. Naman is a fourth-year student at the Hidayatullah National Law University, Raipur who has a keen interest in Intellectual Property Law, especially TrademarkLaw. 2 nd 484, 489 (3 rd Cir.
He was unmistakably aware of the nuances regarding colours in trademarklaw. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3]
For instance, in 2012 Kodak used its facial recognition patent, among its other IPs, as collateral when it was facing bankruptcy. The whole patent portfolio of the company, at the time of their auction, was reported at a whopping 2 billion USD in 2012! on banking regulations and its observations on the use of trademark as collateral.
A dispute has emerged between the NFL, the Las Vegas Raiders, and the Dimopoulos Law Firm over the NFL and the Raiders threatening to sue the firm for trademark infringement. The law firm claims it has been using a black and silver color scheme to promote its services since its inception in 2012.
The Secretary of Commerce recently appointed Derrick Brent as Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office. Since 2012, Brent has been working as in-house counsel or doing similar consulting work. His key role will likely be in helping Dir.
Section 9(1)(a) 1 of the Indian Trademark Act, 1999 mentions lack of distinctiveness in the mark as one of the grounds for refusing registration of the mark. However, in India, there are numerous family enterprises where personal names and surnames have been registered as trademark. Personal Names As Trademark.
Moreover, in 2012, the USPTO received several patent applications that contained the terms “cryptocurrency” and “blockchain”. Trademarking of cryptocurrencies is yet another aspect that links IP to the crypto market. Like any other trademark , the cryptocurrency mark must be distinctive.
Originally posted 2012-12-27 06:00:01. Jane Coleman’s definitive online treatise Secondary Trademark Infringement has recently been updated […] The post Best of 2010: Gucci v. Jane Coleman’s definitive online treatise Secondary Trademark Infringement has recently been updated […] The post Best of 2010: Gucci v.
scores trademark coup with Beatles’ label logos Originally posted 2012-03-18 14:49:21. Nice little bit of journalism here: Apple Inc. Republished by Blog Post Promoter. The post Getting to the core of the Apple / Beatles TM settlement appeared first on LIKELIHOOD OF CONFUSION™.
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. First, trademark owners need to understand the seriousness of a trademark becoming generic.
ii] American media personality Paris Hilton used her now trademarked catchphrase “That’s Hot” in reality TV show The Simple Life routinely. She trademarked the term in February 2007, and since then, it has become her “signature catchphrase.” for using her trademarked phrase in their cards, thereby infringing on her rights.
The book, a follow on edition from the 2012 1st edition of Overlapping IP Rights is once again a masterclass in thinking through the oft under discussed spheres of overlaps in IP, this time with additional subject areas and updated developments. Their focus of jurisdiction is EU, German law, and US law.
3 MCCARTHY ON TRADEMARKS AND UNFAIR COMPETITION § 19:111 (5th ed. The] evidence indicates that there was bona fide domestic use of the CS mark on amplifiers in the ordinary course of trade from 2012 through 2015. Peavey argued that "[a] mark is only abandoned when all trademark significance, including residual good will, is lost.”
431, 446 (2012); see also Shammas v. McCarthy , the leading treatise on trademarklaw explains that “[t]he concepts of ‘generic name’ and ‘trademark’ are mutually exclusive. If they do, the district court “must make de novo factual findings that take account of both the new evidence and the administrative record.”
(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.
Originally posted 2012-06-11 19:57:20. Republished by Blog Post Promoter Michael Atkins gives us the post-mortem on this case that demonstrates what could delicately be called the home field advantage. The post South Korean court affirms ridiculous STARPREYA ruling appeared first on LIKELIHOOD OF CONFUSION.
billion fine issued by the European Commission and considering the lack of a consolidated competition law in the UAE, businesses here may have been excused for being tempted to focus only on their competitive activities related to operations in Europe. However, with the publication on 23 October 2012 of UAE Federal Law No.
More pain, very little gain — besides for lawyers’ college funds — in the roiling world of trademark fair use. Originally posted 2012-09-10 06:00:30. Republished by Blog Post Promoter. The post Unfair use appeared first on LIKELIHOOD OF CONFUSION™.
Originally posted 2012-06-26 21:23:42. Get the story here. Republished by Blog Post Promoter The post March Madness appeared first on LIKELIHOOD OF CONFUSION™.
Gutman created a Pinterest account in 2011 and an Instagram account in 2012, shortly after she began working for JLM. Monaghan Trademark Owner Sues Over Alleged Twittersquatting–Coventry First, LLC v. Sims Creating Parody Social Media Accounts Doesn’t Violate Computer Fraud & Abuse Act – Matot v. Kravitz An Update on PhoneDog v.
More recently in 2020, Sankalp Jain discussed the copyright challenges in “Dreams,” a video game enabling user-generated content, arguing for the Indian copyright law’s limitations in addressing the the issues around the fan-made creations within the game. Relevant here are Arun C. That’s all from my end. (By
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. First, trademark owners need to understand the seriousness of a trademark becoming generic.
There were no witnesses produced by the defendant even after filing its evidence by way of an affidavit, which was recorded by the Joint Registrar in 2012, and thereafter the defendant had stayed away from the proceedings. patent law disputes where the court has calculated notional damages on the basis of publicly available information.
That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” context to see how various other countries have responded to such challenges as well, not only in copyright but in trademark and patent too.
1) He made this request on grounds including trademarklaw and unfair competition law. The request was based on IP provisions as well as trademark and unfair competition law. The flavour of food cannot be characterised as “work” within the meaning of Law 2121/1993 or directive 2001/29.
Aditya Gupta is a lawyer by training and is presently working on issues that fall at the intersection of IP law, freedom of expression, and business strategy. His primary focus is on trademarklaw and the intersection of finance and social networks. Vijay V Venkitesh is a data scientist and Research Associate at IIMA.
Despite the judiciary’s efforts to address the concerns under current intellectual property laws like copyright and trademark, the absence of relevant and specific provisions for the protection of personality rights has started to pose a serious threat. National Law School of India Review , 31 (1), 125–148. Rajagopal v.
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