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First published February 14, 2013. The post Best of 2013: WAL-ZYR versus ZYRTEC: Allergic to legislating trademarklaw? I have no problem using the TTABlog for a blog launching point every week. Why would I when I can riff on a post such. appeared first on LIKELIHOOD OF CONFUSION™.
Introduction Registration of a trademark is an important step toward building a brand on solid ground. Lack of distinctiveness to incorrect classification are among the common errors that can bring derailment upon your trademark registration. A good trademark should be imaginative or symbolic.
Trademarks are very important business assets because they distinguish products and embody reputation. The judgment made budget retailers realize the price they must pay for imitating established brands and stressed the virtue of originality in design, even within the lower end of the market. [3] Dongre and Ors. V Whirlpool Co.
For more, read the article Olivia Muller and I recently wrote for the American Bar Association: The Growing Threat of Trademark Scams. The biggest individual brand story of the year was Facebook’s announcement of its new META brand. NFT trademarks. Trademark filings related to non-fungible tokens (NFTs) exploded in 2021.
Originally posted 2013-02-06 13:58:13. Republished by Blog Post PromoterWho but the ultimate trademark pig the NFL would make unwilling third parties endorse their sponsors? The post The ugly side of branding appeared first on LIKELIHOOD OF CONFUSION™. Makes me want to throw a SUPER BOWL PARTY!
Abhishek, in two interviews ( here and her e ), has argued that the FSA explicitly stated that all brand, IPR, copyright, TMs (whatever that means) of the Lodha business, including Lodha and Lodha group, would belong to the Lodha Developers Private Limited (Macrotech Developers). Prafull (2013).
The Single Judge Bench (SB) consisting of Justice Sanjeev Narula made some intriguing observations regarding the trademarkability of the mark “Aashiqui” as a movie franchise and restraining its use by other entities. Murugadoss (2013) concerning the title “Raja Rani” and by the Bombay HC in Zee Entertainment Enterprises Ltd v.
This may include creating products with certain distinct features, such as a particular smell or a sound that is exclusive to the product and the brand. Thus, several companies have attempted to manufacture products implanted with a particular smell that is exclusive to the brand. Smell marks and Indian trademarklaws.
Established, but offensive, brands change names. Never before have some many brands backed away from names or name origins that were offensive. Uncle Ben’s, Eskimo Pie, Aunt Jemima, Washington Redskins, and Cleveland Indians are some of the brands began name changes or removed items from their logo in 2020. 2013: [link].
Originally posted 2013-01-08 13:57:37. Republished by Blog Post PromoterPresident Obama is suffering from the right-of-publicity blues again. And now maybe we understand why he wants an intellectual property anti-counterfeiting lawyer on the Supreme Court — this could rise to the level of an international incident already, Jack!
In other parts of the notice, takedowns were requested under trademarklaw. MarkMonitor doesn’t manage all 6,431 domain names currently listed under Nintendo of America, but it has provided brand protection services for some of the biggest names in business. So Real or Fake?
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.
However, Modelo Grupo (“Modelo”) and Constellation Brands (“Constellation”) would say there is a lot riding on the answer. Modelo, whose parent is Anheuser-Busch InBev (“AB”), created the Corona brand. Based on its popularity, most would say, “Who cares whether hard seltzer is beer, just give me one.”
Celebrity trademark messes. Besides Mariah, there were many other celebrity trademark stories this year, as more an more celebrities launch more and more brands. Pelton & Associates ®, a boutique trademarklaw firm in Falls Church, Virginia. Past issues of Top Trademark Trends: 2021: [link].
Disclaimers/Laura Heymann’s work in 2013: a consumer protection law approach to disclaimers about where you expect to find information. Lisa Ramsey: Free expression and competitiveness considerations: large brands/celebrities can teach you to associate a weak mark w/their company can be problematic.
[viii] This massive dichotomy in prices forces fans to choose between the Scylla of paying hundreds of dollars for a jersey to support their favorite team because of sports licensing monopolies, and the Charybdis of perpetuating trademark infringement by knowingly or unknowingly patronizing these shady, unregulated vendors. (ii)
And then what if I told you that the practice has had precedent since 2013? a 2013 TTAB case, does just that. 2d 1684 (TTAB 2013). Why shouldn’t the brand be allowed at least the opportunity to prove acquired distinctiveness as product configuration? . Even with proven secondary meaning? 105 U.S.P.Q.2d
Under US trademarklaw the test for genericness is comprised of two parts: (1) what is the genus of goods or services at issue; and (2) does the relevant public understand the designation primarily to refer to that genus of goods or services.
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. Lanham Act, Section 45. emphasis by the Board).
It has marketed its software under the name “SmartSync” since 2004 and obtained a trademark for SmartSync in 2007. It sells its software primarily to the United States Navy but, in 2013, sold its software to at least one major pharmacy chain.
The Federal Circuit’s pair of decisions provide guidance on how logos factor into the design patent infringement inquiry, and begin to tease-out differences in policy concerns underlying design patent law versus trademarklaw. See, e.g. , Groeneveld Transp. Efficiency, Inc. Lubecore Int’l, Inc. , 3d 494 (6th Cir.
201 (Spring 2013). Trademark Owner Sues Over Alleged Twittersquatting–Coventry First, LLC v. Steps Brand Owners Can Take to Deal With Brandjacking on Social Networks. Washington State’s Proposed Employer Social Media Law: The Legislature Should Take a Cautious Approach — SB 5211. TELECOMM. & & TECH.
In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.”
He had been selling “METAL” branded clothing since the early 1990s, primarily through hard rock music magazines. Topolewski almost immediately reapplied for the mark, this time through Metal Jeans, which obtained the “METAL” registration in 2013. (decided Feb.
Although there are many well-known marks in the industry, registering marks is a vital process for businesses to safeguard their brand identity and intellectual property and to obtain exclusive rights over them. Trademarklaw underwent substantial changes, both multilaterally and regionally.
Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademarklaw and is not limited to a provision. 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. on Triveni Interchem Pvt.
Originally posted 2013-10-29 12:56:20. The post Old trademarks never die… appeared first on LIKELIHOOD OF CONFUSION™. They just fade away. Republished by Blog Post Promoter.
In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. The Division Bench reiterated that what makes something a trademark is the power to distinguish a product from others.
It serves as an essential element in making up the brand identity, customer loyalty, and market differentiation. A strong trademark opens the door for instant recognition and emotional connection with the consumers such as the infamous Nike’s “swoosh” [2].
A brand’s name, particularly when it takes the shape of a trademark, can define its identity, reputation, and value, making it an asset that is valuable to safeguard. Trademarks are unique “marks”, names, symbols, signs, words or phrases that define a brand or company’s products or services.
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