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Protection of trademarks is important for the following reasons: Preservation of brand identity Prevention of customer confusion Business investment protection Fair Competition Innovation in branding Famous infringement cases within the areas of intellectual property underline complex legal issues and stakes involved. Dongre and Ors.
Introduction Advertising is an important strategy for a company to sell its products to the customer. Advertising generated awareness about a particular product in among the masses and the reaction of the masses decides the fate of the product. To increase their sales, often companies indulge themselves in comparative advertising.
In pirate streaming, in part due to the way sites tend to copy each other’s branding, obvious long-standing players are less easy to identify. However, one platform that has stood the test of time is PrimeWire, which in one form or another has been around for perhaps eight years – even longer if its previous branding 1channel.ch
Among other things, he allegedly advertised and trafficked circumvention devices, while maintaining regular contact with resellers throughout the world. Bowser’s involvement started in June 2013 and continued until his arrest last year. According to the indictment, Bowser was more than just a writer. Bowser Pleads Guilty.
A talented graphic designer, Bencko was responsible for Megaupload’s logo and ensuring that other sites in the group looked good and accommodated advertising properly. With his former colleagues’ names rarely out of the media for long, Bencko spent much of 2012 and early 2013 retweeting news about the Megaupload case.
In Mohan Meakin Ltd v AB Sugars Ltd (2013), wherein the mark TALL MOM was deemed identical to OLD MONK on grounds of phonetic similarity, despite the difference in product categories (former being country liquor and latter being Indian Made Foreign Liquor), the Delhi HC found infringement under section 29(2)(c), while presuming consumer confusion.
PepsiCo had registered the tagline “For the Bold” as a trademark in 2013 for its Doritos tortilla chips and used it extensively for promotions when it was launched in India in 2015. As evidence, advertisements featuring on Parle’s Facebook Page on 28 th November 2020 and 3 rd January 2021 were presented before the court.
Besides Mariah, there were many other celebrity trademark stories this year, as more an more celebrities launch more and more brands. On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. 2013: [link]. The firm has registered more than 4,000 U.S.
Introduction The brand ‘Haldiram’ has been synonymous with various savouries in India for many years, especially their legendary bhujia. A recent ruling by the Hon’ble Delhi High Court elevated the brand Haldiram as a well-known trademark. 3500 crores were the advertisement expenses and Rs. 5000 were surpassed for sales.
According to the SCA, the target market for the products was made up of discerning consumers who were more concerned with the precise brand of watch they required, and who would be less likely to be deceived or confused by the limited similarities between the marks.
Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products. Prior import plans in 2010-11 were paused.
Brands have recently begun to co-opt this form of communication in an attempt to capitalize on the prevalence and effectiveness of memes. [ii] 29, 2013), [link]. [ii] xi] See Diana Bradley, 5 Brands Insert Themselves into the Viral ‘Distracted Boyfriend’ Stock Picture , PRWEEK (Aug. 1, 2013), [link]. xv] See 35 U.S.C. §
From 2011 to now, defendants continued to sell music and merchandise and to promote music videos and other media under the Darkside name, including creating a website to advertise their music and distributing sound recordings through Spotify, YouTube, and SoundCloud. Did SWS reasonably and excusably delay?
According to the EUIPO case-law ( R-1489/2017 , R-788/2013 ), smileys or emojis are typically used in both advertising and private communication to express positive emotions. The history of The Smiley is an example of the work by brand licensors to protect their heritage.
Despite majority owner Daniel Snyder’s 2013 promise to “NEVER “ change it , the Washington R*dskins NFL franchise team name is about to become history. With that awful history and dogged grip on the indefensible name , the arrival of NEVER and the end of Forever for the the R-Word brand name is long overdue.
Painaway advertised its products as “Australia’s No. 1 Joint & Muscle Spray and Cream Topical Pain Relief Brand” on: (1) its Australian website; (2) social media; and (3) Ultimate Fighting Championship (“UFC”) athletes’ clothing in matches televised in the United States.
At the core, plaintiff alleged that defendant MGDH’s use of phrasing and imagery suggesting that Meadow Gold brand products are sourced in Hawai’i was misleading and deceptive because Meadow Gold products contain milk and other products, such as whipping cream, imported from the continental United States. Hawai’I Jun. the origin. the origin.
for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. Here, however, AKF didn’t allege that Mothership ever marketed, sold, or advertised the “Cake” mark. AKF sued LCF etc. 3d 1068 (9th Cir.
Do a quick Google search and you will find many sites explaining the history and significance of the phrase to Apple and its branding, and how it brought a new wave of popularity and interest to a floundering Apple company as of 1997. from 14 October 2011 to 13 October 2016).
The Pumas alleged that defendants violated the New Mexico Unfair Practices Act based on their purchase of a Black & Decker-branded coffeemaker. Based on Black & Decker’s reputation, the Pumas thought the coffeemaker would be better than the lower-priced store brand and paid more for it as a result.
The BoA discussed the items of evidence filed by 44IP: Statistical data of people watching Formula 1 in 2013 did not include data from Bulgaria, Croatia, Estonia, Latvia and Lithuania. The BoA concluded that consumers could believe that the contested application is a sub-brand of the earlier mark. 128 et seqq.).
The title of this series is an homage to the great Lesley Fair, who launched and authors many of the best of the FTC’s business blogs and who coined this term in her blog reviewing 2013 cases on the same topic. Then, in 2013, the FTC settled with a group of large retailers that had received the letters. One group paid $1.26
The public has become accustomed to identifying a particular brand of running shoe or sports shirt based solely on a distinctive sign. One of the longest legal cases based on position trade marks is Shoe Branding Europe BVBA v. The contested position trade mark cannot be considered a simple and banal geometric shape.
But after 2013, when Respondent last advertised the CS amps in its domestic catalogs, domestic sales plummeted, rapidly dwindling to single digits and then zero at some points in the critical 2016-2021 time frame. emphasis by the Board).
This, I remarked, granted an effective monopoly in the word EAGLE (being the only shared element of the two brand names) notwithstanding the judge’s recognition that Sazerac was not entitled to such a monopoly. The defendant launched VAGISAN in the early 2000s (2013 in the UK).
It sells its software primarily to the United States Navy but, in 2013, sold its software to at least one major pharmacy chain. Intuitively, this may seem like a positive effective, i.e., Ironhawk’s brand would be strengthened if associated with the more well known brand of Dropbox.
Rapala Billboard Ads Continue to Engage (2013). Rapala’s “More Hits Than Google” Billboard Update (Photo Included) (2009). Good Bye Google, Hello Whudjagiddumon? Rapala Taunts a Monster? Rapala: Happy Fishing on Mother’s Day (2012). Eat More Walleye? Top Ten Questions About Rapala Minnocchio (2015). Rapala’s Public Service Announcement?
Roller Ready was founded in 2013 by a group of entrepreneurs who identified a need for a more efficient and effective way to clean paint rollers. Roller Ready claims that it has invested significant time, effort and money in building its brand and creating a positive reputation in the market.
Facebook advertising for the 2014 app continued until 2016 or 2019 and remained available for download; even though the Pebble Watch was discontinued in late 2016, WCT’s principal testified that “there remains a loyal following among the Pebble Watch community.” Peloton’s core brand is Peloton. Downloads declined after a 2015 peak.
FDA in 2013 under NDA No. The Court rejected the second basis, noting that the allegations of induced infringement “relied solely on defendants’ proposed ANDA labels as the inducing conduct” — with no evidence of advertising or promotional materials that might otherwise support allegations of induced infringement.
Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013. Delhi High Court directs Registry to advertise KFC’s ‘Chicken Zinger’ trademark. Ltd for disobeying the Palbociclib interim injunction. Check out the post for more details.
Given that finding and clearing a new brand purely from a legal perspective can take months, it is interesting to note that when a Defendant loses an infringement case it will almost certainly be ordered to rebrand within days, weeks at the most. The parties were back in court in January for a form of order hearing.
from Santa Clara University School of Law in 2013, his Ph.D. Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising. He received his J.D.
FDA in 2013 under NDA No. The Court rejected the second basis, noting that the allegations of induced infringement “relied solely on defendants’ proposed ANDA labels as the inducing conduct” — with no evidence of advertising or promotional materials that might otherwise support allegations of induced infringement.
Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention. They were able to invest in IP protection, research and development, and advertising. Scenario in India.
As part of Hayley Paige’s responsibilities for JLM, she was tasked with growing the “Hayley Paige” brand for the company, including “assisting with advertising programs.” While the contract was originally to run through 2016, the parties extended the agreement through August 1, 2022. BioScrip, Inc. , 2d 204, 218 (S.D.N.Y.
One of these brands that has popped up on the AmeriKat's Instagram are riding boots from Fairfox & Favor. The parties Fairfax & Favor was started in May 2013 by two schoolfriends who wanted to design their own luxury leather goods after initially importing goods from Spain.
Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements. Other Posts.
Petitioners alleged that from 2003 to October 2016, Petitioners and Respondent operated as a partnership and shared equally the profits derived from arranging and organizing dance parties in New York City under the Freedom Party brand. Until late 2017, the “Freedom Party” was advertised to the public as the joint creation of the parties.
BGL and its subsidiaries ( BGL Group ), including Manolo Blahnik, manufacture, distribute and sell luxury shoes and accessories bearing the “MANOLO BLAHNIK” name and brand, which are sold in over 65 countries including Australia. The “MANOLO BLAHNIK” branded products have been available for sale in Australia since 1997. Trade mark.
The Metaverse provides vast opportunities for brands to venture into creation of new technologies. Class 35: – Section 35 signifies the virtual advertisements by the business and retail stores. Companies are working tirelessly to provide the best and most economical services and products to the users. Conclusion.
In February 2020, FDA and FTC took steps to encourage biosimilar competition , with a focus on truthful and non-misleading advertising. Coinciding with this announcement, FDA issued draft guidance titled “ Promotional Labeling and Advertising Considerations for Prescription Biological Reference and Biosimilar Products Questions and Answers.”
Coinciding with this announcement, FDA issued draft guidance addressing promotional labeling and advertising considerations for prescription biological reference and biosimilar products. BI pointed to Humira (adalimumab) as an example. 1, 2020 and regulates anticompetitive patent settlements.
The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. If a sub-brand performs the function, as Asava possibly does in this case, it must be treated as a trademark.
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