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A Tale of Two Ports? GC holds PORTWO GIN to be an exploitation of PDO

The IPKat

1308/2013 (see here for the Regulation). Consequently, it found that “the sign whose registration is contested is clearly indissociable from the earlier PDO” (paragraph 44). Picture on the lower left is Jon Sullivan, who has released it into the public domain. The GC thought “yes”.

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A Master(s) Class in Genuine Use? UK IPO rejects revocation action, finding genuine use of registration for gin

The IPKat

In this case, the UK IPO rejected a revocation action on the ground that the proprietor had put its registration to genuine use [decision here , No. If so, read on… Pawing over the evidence… Background On 21 st June 2013, Destileras M.G., If so, read on… Pawing over the evidence… Background On 21 st June 2013, Destileras M.G.,

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When you can't know a book by its title, and the law may even leave you confused

The IPKat

An international bestseller, it was the focus of a publishers' bidding war at the 2013 London Book Fair.[2] Title of a Single Creative Work The title, or a portion of a title, of a single creative work must be refused registration under §§1, 2, and 45 of the Trademark Act, …. So, there it is. identifies a specific literary work.

Law 126
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Sweet respite for Cadbury as the High Court partially upholds its appeal

The IPKat

One of these hurdles is that the subject of the registration, in this case a colour, must constitute a ‘sign’. As such, Meade J found the new description to be worse than the description at issue in the 2013 judgment, considering that the removal of the wording is “ cosmetic at best and does not help.

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A Look Back at India’s Top IP Developments of 2021

SpicyIP

The Vidya Drolia case laid down certain conditions for non-arbitrability of disputes and stated that grant and issue of patents and registration of trademarks were exclusive sovereign or government functions, thus making them non-arbitrable. Durga Trading Corporation was clarified in this case. Hero Electric Vehicles Private Ltd v.

IP 143
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Time for the 12 O'Clock Boyz to go: court shuts down (c)/TM lawsuit against documentary & feature film about Baltimore bikers

43(B)log

Nathan directed the allegedly infringing 2013 Documentary, which “tells the story of Pug, a thirteen-year-old child who wants to be a ‘12 O’Clock Boy,’ just like [he] has repeatedly watched in [the 2001 and 2003 Documentaries].” Defendants' 2013 documentary Both parties’ works are “docu-fiction” set in Baltimore. Nathan, F.Supp.3d

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TM Scholars' Roundable: Session 1: The Relevance of Ornamentality in Trademark Law: Acquisition of Rights

43(B)log

U’s registration for THE for clothing and other merchandise by putting THE on a hangtag. Registration v. Much of the law is a collection of rules of thumb from registration context. Hard to think coherently about TM status without thinking about registration v. Use=is it in fact being used by this party as a TM.