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One of the most effective ways to protect your brand and all that it owns, including distinctive features, is through the registration of a trademark. Trademarklaw grants legal protection of your business name, logo, or slogan against other individuals using the same with regard to protection over intellectual property.
v] Thus, the market for counterfeit sports apparel in the United States is quite large. ii) Policy rationales behind trademarklaw and their application in the sprots apparel context. the court summarized the modern purpose behind trademark protection in that they “help consumers to select goods. [ix] Euroquilt, Inc. ,
The eatery owners argued that they had been using the name Burger King since 1992, which was over two decades before Burger King US entered the Indian market in 2014. Relying on this observation, the Pune court found the local eatery to be a prior user of the contested trademark.
Disclaimers/Laura Heymann’s work in 2013: a consumer protection law approach to disclaimers about where you expect to find information. Why not have it across all consumer markets? Beebe: East German TM regime encouraged colorful packages, tried not to fall further behind in the market. Articulating the reasons may help.
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] The rulings, in turn, drove home that mere association is not sufficient to support a finding of trademark infringement or dilution.
In 2013, Constellation acquired perpetual, irrevocable, and exclusive license rights in the Corona marks, which gave Constellation the right to sell products under the Corona trademark. The question is whether Modelo will succeed in its quest to remove Corona Hard Seltzer from the market.
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.
Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademarklaw. Defendants' 2013 documentary Both parties’ works are “docu-fiction” set in Baltimore. Defendants' 2013 documentary Both parties’ works are “docu-fiction” set in Baltimore.
According to Duff and Phelps, and CII’s joint report in 2019 on IP-backed financing, the proportion of tangible assets in the market value of Standard and Poor’s 500 firms has declined from over 80 percent to under 20 percent in the past three decades, thus signifying the rising contribution of intangible assets.
com” at after a generic word, “Booking,” still makes “Booking.com” generic within traditional trademarklaw [xiv] and (2) the fact consumer identify “Booking.com” doesn’t change the fact that it is still generic and thus ineligible for trademark registration. [xv] 21, 2013), [link]. [vi] Booking.com B.V., at 2301 (2020).
201 (Spring 2013). Washington State’s Proposed Employer Social Media Law: The Legislature Should Take a Cautious Approach — SB 5211. Big Problems in California’s New Law Restricting Employers’ Access to Employees’ Online Accounts (Forbes Cross-Post). Social Media and TrademarkLaw” Talk Notes. TELECOMM. &
Some “highlights” of 1-800 Contacts’ trademark jurisprudence over the years: 1-800 Contacts v. The post 1-800 Contacts Loses YET ANOTHER Trademark Lawsuit Over Competitive Keyword Ads–1-800 Contacts v. Warby Parker appeared first on Technology & MarketingLaw Blog. WhenU (2d Cir.
However, with the publication on 23 October 2012 of UAE Federal Law No. 4 of 2012 Concerning Regulation of Competition all businesses with operations in the UAE or supplying goods and services to the UAE market will have to ensure that they focus on and comply with the provisions of this new law. image Source : Medium Blog].
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. For trademark infringement under the Lanham Act, likelihood of consumer confusion is a key requirement.
He gradually expanded his offerings to a variety of markets, including motorcyclists, skaters, lumberjacks and “headbangers.”. Topolewski almost immediately reapplied for the mark, this time through Metal Jeans, which obtained the “METAL” registration in 2013.
Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” H&M (Guest Blog Post) appeared first on Technology & MarketingLaw Blog. Factual and Procedural Background. 3d 1194 , 1196 (9th Cir. Schaltenbrand , 734 F.3d
Unlike UDRP, it is governed by the Arbitration & Conciliation Act, 1996 and hence, binding in the court of law 8. Despite no separate law on the protection of domain name, Indian courts have, over the years, given protection under the trademarklaw. Judicial Decisions. Hence, it gave the injunction. Descriptive Names.
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. The Court held that the use of the Google Ads program undisputedly qualifies as advertising, which falls under Indian trademarklaw.
Trademarklaw underwent substantial changes, both multilaterally and regionally. The Paris Convention established the beginning of the international trademark system, and the Paris Union was expanded by a distinct union which is collectively known as the Madrid system.
Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademarklaw and is not limited to a provision. Delhi High Court Imposes Costs worth INR 2 Cr. on Triveni Interchem Pvt.
provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. market for religious publishing and products at $6.8 Second , it has been argued that the court merely espoused the settled principles of trademarklaw that ‘common’ names and phrases cannot be monopolized.
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].
However, in the era of global market and globalisation, it is only a matter of fact to copy a brand’s name and mark for one’s own company. “A A typical scenario is for a squatter to register the trademark of a foreign brand and wait until the foreign brand owner enters the local market.” [5] Trademark squatting.
Video game cases involving college sports—for the most part, video game cases have gone in favor of game makers; 2013 cases were just conservative (in nonpolitical sense) courts getting used to a novel form of art, despite SCt’s instruction—the problem isn’t transformativeness itself. But is it inconsistent/vague?
Although the process requires time, strategy and resources, it is possible to turn a sign, which in principle would not meet the necessary requirements to access the register, into a trademark worth its weight in gold in the market. Acquired distinctiveness is a fundamental concept in trademarklaw.
Putting an End to some long standing Trademark Disputes Some of the longest-running battles in Indian TrademarkLaw have finally reached their conclusions! While these cases raised critical questions in TrademarkLaw, what truly unites them is the sheer time it took for the courts to deliver a verdict.
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