IP and Legal Filings

SEPTEMBER 16, 2021

The inculcation of such features into products and services has snowballed into the rise of a separate class of trademarks known as ‘non-conventional trademarks’. Global and Indian laws concerning smell trademarks. Smell marks and Indian trademark laws. [Image Source: gettyimages].

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Trademark Law Trademark Law Registration 52

SpicyIP

NOVEMBER 23, 2021

We are pleased to bring you a guest post from Payal Saraogi, on a recent decision of the Delhi High Court on Google’s use of trademarks as advertisement keywords. Payal has graduated from the School of Law, Christ University in 2020, and currently practices as a disputes lawyer. Google India Private Limited and others.

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Trademark Advertising Advertising Trademark Law 105

SpicyIP

MARCH 14, 2025

While burgers in the trademark case Burger King Co. Although the Pune commercial court held that Burger King US miserably failed to prove that the local eatery had committed trademark infringement, the Bombay High Court stayed this order and restrained the latter from using the trademark Burger King. Who doesnt love burgers?

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Trademark Registering Trademarks Registration Brands 64

JIPL Online

FEBRUARY 26, 2021

If the title sounds familiar, you are part of the reason Booking.com successfully trademarked “Booking.com” while paving the way for owners of similar marks to receive trademark protection. The Decision. Justice Breyer disagreed with the majority’s decision, specifically (1) that placing “.com”

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Trademark Registration Trademark Law Advertising 98

SpicyIP

SEPTEMBER 16, 2024

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.

Registration 105

Registration Television Trademark Trademark Law 105

43(B)log

JUNE 24, 2022

Relationship to use as a trademark; symmetry b/t types of use that might allow acquisition of rights v. Disclaimers/Laura Heymann’s work in 2013: a consumer protection law approach to disclaimers about where you expect to find information. Intro, Graeme Dinwoodie Ornamentality is undertheorized. types of use that might infringe?

Trademark Law 75

Trademark Law Law Trademark Registration 75

The IP Law Blog

MAY 20, 2021

What happens when a junior trademark holder’s business becomes so popular and well known that it threatens to swamp the reputation of a senior mark holder? The senior mark holder brings a trademark infringement case alleging “reverse confusion” among its potential customers. After some discovery, Dropbox moved for summary judgment.

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Trademark Marketing Marketing Business 98

JIPL Online

APRIL 7, 2021

ii] This blog post will (i) introduce the problem of counterfeit sports merchandise, (ii) provide a summary of trademark policy rationales and how they have been applied in the sports apparel context, and (iii) offer a proposed solution to the problem. (i) i) Introduction to the problem of counterfeit sports merchandise. Euroquilt, Inc. ,

Marketing 98

Marketing Marketing Licensing Trademark Law 98

Erik K Pelton

MAY 28, 2024

The following are the comments our firm submitted today regarding the USPTO’s proposed trademark fee changes and increases: Docket No.: Pelton & Associates, PLLC Regarding “Setting and Adjusting Trademark Fees During Fiscal Year 2025” The following are the comments of Erik M. trademark registrations.

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Registration Business Trademark Reporting 147

Likelihood of Confusion

OCTOBER 25, 2024

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!

Intellectual Property 52

Intellectual Property Blogging Fair Use Branding 52

IAM Magazine

NOVEMBER 2, 2022

After six years of judicial practice, the punitive damages clause in the Trademark Law was revised to one to five times the actual damages in 2019 from one to three times the actual damages in 2013. In the same year, the Anti-Unfair Competition Law was also introduced for the first time, with the same range of one to five times.

Trademark Law 52

Trademark Law IP Trademark Law 52

SpicyIP

FEBRUARY 9, 2025

Macrotech Developers (formerly known as Lodha Developers) filed a trademark infringement suit against the House of Abhinandan Lodha (HoABL). In Trademark law, it is important to determine if the mark is being used to offer goods and services similar to the ones for which it is registered. Prafull (2013). in damages.

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Brands Branding Branding Business 59

The IP Law Blog

MAY 27, 2021

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. However, Modelo Grupo (“Modelo”) and Constellation Brands (“Constellation”) would say there is a lot riding on the answer.

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Licensing Brands Branding Branding 103

Likelihood of Confusion

OCTOBER 28, 2024

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? Makes me want to throw a SUPER BOWL PARTY! The post The ugly side of branding appeared first on LIKELIHOOD OF CONFUSION™.

Brands 52

Brands Branding Branding Blogging 52

SpicyIP

MARCH 20, 2023

on banking regulations and its observations on the use of trademark as collateral. Bharat is a fourth-year student at the National Law School of India University, Bengaluru. patents, trademark and copyright. Subbarava Setty & Anr. that the use of intellectual property as collateral in financing transactions (I.P.

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Registration IP Copyright Due Diligence 112

Likelihood of Confusion

OCTOBER 2, 2024

Originally posted 2013-08-21 01:25:09. Sand Hill Advisors, LLC — a trademark case […] The post Likelihood of — well, no, actually. Republished by Blog Post PromoterAt least in some parts of the country, LIKELIHOOD OF CONFUSION is something judges actually sometimes don’t find. Out there, for example. The left.

Blogging 52

Blogging Trademark Trademark Law Law 52

TorrentFreak

APRIL 26, 2024

In other parts of the notice, takedowns were requested under trademark law. When Apple worked with MarkMonitor back in 2013, records show the company operated the domain mm-apple.com. A similar notice sent to GitHub in 2020 took content down using the DMCA.

Artwork 144

Artwork Brands Branding Branding 144

JIPEL Copyright Blog

APRIL 4, 2022

Conceived to decide whether nonverbal marks merit trademark protection, nonverbal marks fall into three categories: product packaging (also known as trade dress) which is capable of inherent distinctiveness ; product configuration (also known as product design) which is capable of acquired distinctiveness ; and tertium quid. 113 U.S.P.Q.2D

Registration 52

Registration Designs Design Trademark 52

The IP Law Blog

APRIL 1, 2021

The Ninth Circuit recently considered an issue of first impression: What standard of review does an appellate court apply when reviewing a district court’s grant of summary judgment in a trademark infringement case on the equitable basis of the unclean hands doctrine. The Ninth Circuit faced this issue in the case titled: Metal Jeans, Inc.

Trademark 52

Trademark Registration Brands Branding 52

Patently-O

SEPTEMBER 17, 2023

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 trademark law. On their face, both the design patent and trademark infringement tests invoke principles of confusion.

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Design Patent Patent Infringement Designs Design 72

Technology & Marketing Law Blog

MARCH 10, 2022

201 (Spring 2013). The claims were unsuccessful, and I speculated that the church may have had better luck if it had a viable trademark or a contract claim, neither of which it had. Gutman , JLM, the bridal wear company was successful at the PI stage precisely because it asserted trademark and contract claims. (NB: TELECOMM. &

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Social Media Contracts Ownership Business 98

The IP Law Blog

FEBRUARY 3, 2022

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. First, trademark owners need to understand the seriousness of a trademark becoming generic.

Designs 52

Designs Design Trademark Brands 52

Likelihood of Confusion

OCTOBER 15, 2021

” Originally posted 2013-07-10 14:26:04. It rejects the stupid and unconstitutional argument that “commercial use” under the Lanham Act’s dilution provisions can be found where there is simply “diversion.” Republished by Blog.

Blogging 52

Blogging Trademark Law Trademark Law 52

The TTABlog

NOVEMBER 6, 2023

3 MCCARTHY ON TRADEMARKS AND UNFAIR COMPETITION § 19:111 (5th ed. 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.

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Registration Brands Branding Branding 61

Intepat

JUNE 17, 2024

Introduction Trademarks are the identifiers that enable businesses to establish a strong footing in the global marketplace. Trademark law underwent substantial changes, both multilaterally and regionally. The Madrid System is composed of the Madrid Agreement and Madrid Protocol. Allows payment of one set of fees.

Registration 52

Registration Designs Design Trademark 52

IP and Legal Filings

OCTOBER 4, 2022

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. Trademarks.

Intellectual Property 52

Intellectual Property Law Business Designs 52

LexBlog IP

FEBRUARY 3, 2022

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.” First, trademark owners need to understand the seriousness of a trademark becoming generic.

Designs 40

Designs Design Brands Branding 40

Biswajit Sarkar Copyright Blog

JANUARY 19, 2022

In that case, Google was using the plaintiff’s (Bharatmatrimony) trademark for advertising the websites of other matrimonial sites. Hence, the court held by virtue of Section 29(3) of the Trademark Act, there will be a presumption of infringement against the defendant. This is because there were several factual questions in dispute.

Registration 52

Registration Trademark Cinema Business 52

SpicyIP

FEBRUARY 27, 2024

More recently in 2020, Sankalp Jain discussed the copyright challenges in “Dreams,” a video game enabling user-generated content, arguing for the Indian copyright law’s limitations in addressing the the issues around the fan-made creations within the game. Relevant here are Arun C.

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Non-Fungible Tokens Copyright Business Moral Rights 59

SpicyIP

FEBRUARY 13, 2023

Other Posts Honesty as a Defense vis-à-vis Trademark Infringements: Principle or Provision? 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 trademark law and is not limited to a provision.

Designs 52

Designs Design Trademark Cease and Desist 52

LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” context to see how various other countries have responded to such challenges as well, not only in copyright but in trademark and patent too.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Technology & Marketing Law Blog

MARCH 7, 2022

The legislative history indicated that 411(b) was one of “a number of changes to copyright and trademark law that will enhance the ability of intellectual property rights holders to enforce their rights.” See, e.g. , DeliverMed Holdings, LLC v. Schaltenbrand , 734 F.3d 3d 616, 625 (7th Cir. Legal Background: Registration.

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Registration Blogging Copyright Designs 98

IPilogue

OCTOBER 17, 2022

Interestingly, Apple first filed the trademark for Dynamic Island with the Jamaican Intellectual Property Office (“JIPO”) back in July before filing it in the U.S. In this case, Apple filed the trademark application for Dynamic Island on July 12, 2022, in Jamaica, a member of the Paris Convention which recognizes the right of priority.

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Trademark Law Trademark Law Privacy 119

Technology & Marketing Law Blog

JUNE 29, 2022

17 years later, I’m still blogging their ignoble trademark lawsuits. Some “highlights” of 1-800 Contacts’ trademark jurisprudence over the years: 1-800 Contacts v. misinterpreted the law of competitive keyword ads for many, many years. WhenU (2d Cir. 1-800 Contacts v. Lens.com (10th Cir. Jand, Inc. ,

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Trademark Advertising Advertising Blogging 111

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. Plaintiffs allegedly used the 12 O’Clock Boyz trademarks since 2001 and registered the marks in 2016. Nathan, F.Supp.3d 3d -, 2022 WL 4591905, No. 18-CV-5930 (MKB) (E.D.N.Y.

Fair Use 52

Fair Use Trademark Copyright Editing 52

Likelihood of Confusion

MARCH 2, 2022

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.

Trademark 52

Trademark Blogging Branding Branding 52

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. The case clarifies that the bar on arbitrability of trademark disputes is not an absolute one. Golden Tobacco Ltd [Delhi High Court]. Lectro E-Mobility.

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IP Intellectual Property Copyright Trademark 143