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Be Bold but Never Break the Trademark Mold:Implications of Delhi HC’s Decision in PepsiCo v. Parle Agro

IP and Legal Filings

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.

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Inter American Convention allows claims that Lanham Act makes dubious after Abitron; but what about Article III?

43(B)log

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. Its cancellation petition for Zenú has been suspended during this litigation.

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Sunday Surprises

The IPKat

The course is delivered both offline and online, and the registration is available here. 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. Interested candidates are welcome to apply here.

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Top Trademark Trends of 2022

Erik K Pelton

And the number of active trademark registrations in the USPTO database is larger than ever. Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use.

Trademark 130
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shipping facilitator escapes direct (c)/TM claims; alleged hinkiness not enough for contributory liability either

43(B)log

for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. The logo is registered with the Copyright Office, and AFK applied for trademark registration as well. AKF sued LCF etc. 3d 1068 (9th Cir.

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TM laches where a band broke up "for now" but its music remained on Spotify etc.

43(B)log

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. There was no progressive encroachment here; both bands were in NY as of 2013 with the same name and same services. Fans often call it “Darkside.”

Music 57
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Africa IP Highlights #2: The trademarks arena

The IPKat

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.