IP and Legal Filings

SEPTEMBER 12, 2024

INTRODUCTION Section 29 [1] of the Trademark Act, 1999 , defines infringement as: “Trademarks infringement occurs if an unauthorized party makes use of a registered trademark in a way that is likely to lead to confusion about the origin of the product.” FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign

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IP and Legal Filings

OCTOBER 28, 2023

Introduction The Trademarks Act of 1999 introduced trademark dilution. The use of trademarks helps a company set itself apart from its rivals’ products and services. A feature of trademark law known as trademark dilution gives the brand owner exclusive rights to the mark, providing them a strong and recognisable trademark.

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Technology & Marketing Law Blog

JULY 25, 2021

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. In 2015, it extended the “Align” mark to yoga apparel, which has generated $1B in sales. In 2015, it extended the “Align” mark to yoga apparel, which has generated $1B in sales. Greenberg v.

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43(B)log

MARCH 9, 2022

7, 2022) Melwani owns the Royal Silk trademark for “a wide variety of products.” False designation of origin/false advertising: Lasoff v. And it dismissed false advertising claims as “duplicative of his infringement claim.” Trademark dilution: Not plausibly pled to be famous, but leave to amend. Amazon.com, Inc.,

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Likelihood of Confusion

OCTOBER 8, 2024

Originally posted 2015-05-13 15:51:00. Google case that keyword advertising can be trademark use giving rise […] The post Wherefore art thou trademark use? Google case that keyword advertising can be trademark use giving rise […] The post Wherefore art thou trademark use?

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Intepat

NOVEMBER 14, 2022

Trademark Classification. When you file for a trademark in India, an indispensable requirement is finding out the trademark classification of your goods or services under which you must file your brand. ” The system of trademark classification eases the process of registration of a trademark. .”

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IP and Legal Filings

NOVEMBER 22, 2023

Introduction Advertising is an important strategy for a company to sell its products to the customer. Advertising generated awareness about a particular product in among the masses and the reaction of the masses decides the fate of the product. To increase their sales, often companies indulge themselves in comparative advertising.

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Likelihood of Confusion

NOVEMBER 4, 2024

Originally posted 2015-08-13 21:27:15. Republished by Blog Post Promoter Liability insurers gotta deny coverage: As the Trademark Blog reports, American Guarantee & Liability Insurance Co. Republished by Blog Post PromoterOriginally posted 2008-07-29 12:12:10. obtained against Payless Shoesource, Inc., earlier this year.

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The IPKat

DECEMBER 17, 2021

Today, it’s about the trademark arena. The court declined to form an opinion on Apple’s contention that over the past 15 years, it had established a family of i-prefix trademarks, which would assist a consumer in better recognising its products. (c)

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Garrigues Blog

FEBRUARY 5, 2024

A judgment from the Court of Justice of the European Union (CJEU) clarifies the scope of third-party use of trademarks, taking into account the changes introduced in the European Directive on trademarks. regarding the use of the ZARA trademark.

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43(B)log

JULY 24, 2023

Thanks to its patents, Amgen enjoyed a temporary exclusivity period for pegfilgrastim injections until 2015. But the FDA, independent reviews at scientific journals, and even some of Amgen’s own employees criticized the advertising claims as unsupported and misleading. Sandoz Inc. 2023 WL 4681569 , No. 2:22-cv-05326-RGK-MARx (C.D.

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The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Applicant GB's design patent served as some evidence of non-functionality, but was outweighed by GB's own advertising touting the design's utilitarian benefits.

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SpicyIP

NOVEMBER 2, 2021

We’re very happy to bring our readers a guest post that uses a dataset of more than 300,000 trademark examination reports from the year 2019, as the basis for analysing the trademark registry’s examination process. A dataset was built by scraping the electronic register of the Indian Trademark Registry in 2020.

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Indiana Intellectual Property Law

APRIL 4, 2023

Albert’s”) filed suit against AaLAND Diamond Jewelers (“AaLAND”) for Trademark Infringement, False Designation of Origin, and Unfair Competition in violation of Lanham Act, 15 U.S.C. 1125(a)(1)(A) , Indiana Common Law Trademark Infringement in violation of Ind. Crown Point, Indiana – Plaintiff Albert’s Diamond Jewelers, Inc.

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Indiana Intellectual Property Law

AUGUST 6, 2021

Evansville, Indiana – In 2004, the Coca-Cola Company launched its Full Throttle® energy drink brand, which was later apparently acquired by Monster Beverage Company (“Monster”) in 2015. From that transaction, Energy owns multiple trademark registrations including the three at issue in this case, U.S. Registration Nos.

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Garrigues Blog

APRIL 23, 2024

The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. regarding the use of the ZARA trademark, as previously discussed here.

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SpicyIP

AUGUST 2, 2024

These various brands have posted laudatory posts congratulating her for this achievement, while at the same time utilizing her image and Olympic win for their own commercial own use by using it in the form of an advertisement. Building onto this development, in 2015, the Madras High Court in Shivaji Rao Gaikwad v. Entertainment Pvt.

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Garrigues Blog

SEPTEMBER 29, 2021

Trademarks displayed in audiovisual works can be a real headache if the associated legal aspects fail to be taken into account. Both Spanish and European trademark laws and case law have shed some light in this regard. It is common practice in the audiovisual world to be particularly careful with any trademarks displayed on screen.

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IPilogue

JANUARY 21, 2022

Game publishers can decide what teams/players may compete, who may host tournaments, and how tournaments are advertised and broadcasted. For instance, in 2015, a Twitch streaming channel named “SpectateFaker” was issued a takedown notice by Abuzu , another video game streaming service.

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43(B)log

DECEMBER 18, 2023

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

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43(B)log

SEPTEMBER 7, 2021

And Defendants began saying that they planned to expand into the display-advertising business: putting ads on a vehicle’s digital signage, a rider’s mobile app, and on digital screens like electronic billboards. But in 2019, Uber Technology allegedly began preparatory steps to enter the advertising business. Starting in 2012, Uber Inc.

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43(B)log

AUGUST 12, 2021

Safelite allegedly falsely advertised that (1) “if damage spreads beyond the size of a dollar bill, a replacement will be necessary”; (2) “when a chip is smaller than a dollar bill, it can usually be repaired without replacing the windshield.” Safelite counterclaimed for trade secret theft not related to advertising.

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IPilogue

MARCH 6, 2023

This loss for Louboutin follows several years of rejections from the Japan Patent Office (JPO) and JPO Appeal Board to register its trademark for a colour mark consisting of a red (Pantone 18-1663TP) coloured in soles for use in high heels filed on April 1, 2015 (TM App no. 2015-29921 ).

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IP and Legal Filings

NOVEMBER 23, 2023

iii] Provisions in Indians Laws Trademarks Act, 1999 does not make any exact provision for publicity rights, but its definition of ‘Marks’ contains names within its ambit. ii] 2003 VIIAD Delhi 405, 2003 (26) PTC 245 Del, 2004 (1) RAJ 10 [iii] The Trademarks Act, 1999. [iv] iv] The Copyrights Act, 1957. [v]

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Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. Then, in Liapes v. seriously, are you still posting THERE???) TikTok bans.

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The TTABlog

OCTOBER 27, 2021

Click on picture for larger image Section 45 of the Trademark Act provides, in pertinent part, that a mark is considered to be in use in commerce for services "when it is used or displayed in the sale or advertising of services and the services are rendered in commerce." Harrison won, at least at the TTAB. Playdom , 778 F.3d

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43(B)log

OCTOBER 4, 2021

Most of Illinois Tool’s trademark-related claims were time-barred by the statute of limitations and laches. But genuine fact issues remained on whether J-B Weld’s advertising of “Made in USA” was false and whether Illinois Tool had standing. Illinois Tool has long sold threadlockers under the trademark “Permatex.”

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IP and Legal Filings

APRIL 19, 2023

This right is similar to the use of a trademark but not the same. Trade Marks Act of 1999 The Indian Trademark Act does not provide for the exclusive protection of personal or image rights. However, Section 2(m) appropriately includes the term “names” in its definition of “trademark”1.

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43(B)log

SEPTEMBER 11, 2023

Here, I think we might be starting to see what a post-Abitron, post-JDI world could look like: courts may begin to reestablish distinctions between registered trademarks and unregistered matter protected by unfair competition law, based this time on statutory interpretation rather than conceptual categories.

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IP and Legal Filings

SEPTEMBER 20, 2024

2] However, such privilege has not been granted to patent or trademark agents in the Indian regime, which can otherwise play a vital role in the emerging domain of the Intellectual Property regime. Similarly, Rule 144(iii) of the Trade Marks Rules, 2017, makes any degree-holder eligible to be a trademark agent. [1] Section 42.57

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SpicyIP

SEPTEMBER 8, 2024

Comparative Advertising: As I read this decade-old post on comparative advertising, centered around the SAFFOLA vs. FORTUNE battle, I thought of revisiting the two-decade conversation on this ever-relevant topic. Generally, the benchmark for comparative advertising hinges on the “average consumer” test.

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Indiana Intellectual Property Law

DECEMBER 23, 2022

The United States Patent and Trademark Office issued Patent Nos. January 6, 2015. is not an authorized Gema distributor and upon information and belief, does not sell “new” Gema products but rather sells knocks-offs using the Gema Trademarks without authorization. First in Finishing, Inc.’s Registration No. Registration Date.

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IP and Legal Filings

MAY 17, 2024

A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. Daler Mehendi, a known singer and the plaintiff in the present case, had a registered trademark over the letters “DM” and established a business called “D.M. Varsha Productions,2015 (62) PTC 351 (Madras).

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Technology & Marketing Law Blog

AUGUST 5, 2022

The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” The court relies on two decisions: (1) In re CTLI, a bankruptcy ruling from 2015 blogged here: “ Company’s Social Media Accounts Transferred in Bankruptcy ” and (2) Int’l Bhd. Teamsters Loc.

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The IPKat

JANUARY 25, 2024

Background In 2010, Buongiorno Myalert SA (Buongiorno), an Italian mobile apps and services provider, launched an advertising campaign for a paid subscription to a multimedia messaging service, marketed under the name ‘Club Blinko’.

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Kluwer Copyright Blog

SEPTEMBER 1, 2021

music synchronised in an advertisement) and adaptations (e.g. Since the 2015 judgment, the freedom of expression defence has been used in many copyright cases. A composite work is therefore a derivative work, i.e. simple incorporations (e.g. a remake or an adaptation of a book into a film).

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Above the Fold

DECEMBER 21, 2021

On December 10, 2021, the TTAB issued a precedential decision reminding trademark practitioners and applicants that service mark use requires that an applicant actually render the services recited in the trademark application; mere preparation to render the services is insufficient. Trademark Application Serial No. 10, 2021).

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