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For IndiGo, the 6E callsign has been an integral element of the official designator and a brand identifier for the past 18 years. Notably, 6E has become a dominant feature and exclusive to the Indigos brand and its associated services. IndiGo has also secured registration for the word mark 6E Link under multiple classes in 2015.
Protection of trademarks is important for the following reasons: Preservation of brand identity Prevention of customer confusion Business investment protection Fair Competition Innovation in branding Famous infringement cases within the areas of intellectual property underline complex legal issues and stakes involved. Dongre and Ors.
Belmora ) had the TTAB tackled this issue, and here it reached the same outcome: cancellation of two registrations on the ground that Registrant Meenaxi used its registered marks THUMS UP and LIMCA to misrepresent the source of its soft drink products. Section 14(3) cases are as rare as a White Sox fan in Boston. 2021 U.S.P.Q.2d
Less than one month after oral argument, the Board sustained this opposition to registration of DON'T MESS WITH TEX-MEX for restaurant service, finding confusion likely with the registered mark DON'T MESS WITH TEXAS for paper food containers, paper bags, and cups. An aided awareness survey prompts respondents by mentioning the brand.
An expungement proceeding allows for cancellation, in whole or in part, of a trademark registration between three and ten years old if the mark has never been used in commerce with some or all of the registered goods and/or services. The biggest individual brand story of the year was Facebook’s announcement of its new META brand.
A recent trend in branding, however, is the use of non-traditional trademarks such as haptic markings. These markings play a crucial role in differentiating brands and improving the customer experience. The importance of tactile branding in the space, beverage, and high-end goods industries has been well-established. [1]
The number of applications filed, and registrations granted in FY2020 both grew over the prior year, to the highest in history. trademark registrations! When Congress passed the CARES Act in late March, it featured provisions allowing the USPTO to extend some deadlines for applicants and registrants for a few months.
The Court held that the Single judge failed to appreciate that the appellant has been using the mark since 2015 and nor did the respondent argue that irreparable harm will be caused if the injunction is not granted. The Court held the marks to be deceptively similar and cancelled the registration of the impugned marks.
Read on to learn about: The difference between patents and industrial designs Recent industrial designs registration trends How you can swiftly search for industrial designs with Corsearch What are industrial designs? These and other questions are relevant in assessing registrability potential for patents. respectively. in 2017, 14.6%
Background In 2015, an individual person filed for registration of German word mark GTA. Consumers are aware of the use of several separate brands on cars, namely the manufacturer brand (Volkswagen, VW), the model name (Golf, Polo) and the trim level designation (GTI).
Genesis of the Dispute According to this report on Mint (paywalled), the Lodha siblings (Abhishek and Abhinandan) parted ways in 2015. He also argued that the FSA stipulated that Abhinandan could not use the TM or brand name Lodha in any manner whatsoever. 500 crores (disputed figure).
And the number of active trademark registrations in the USPTO database is larger than ever. Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use.
Lokesh Vyas dwells on these questions in his post in the aftermath of SRAIs registration! He argued that he had obtained proper business licenses and trademark registrations and that there were significant differences in their product logos. Is a Script a Dramatic or a Literary work? Broad Peak Investment Holdings Ltd. Pratibha Prop.
The Board granted a petition for cancellation of a registration for the mark CS for "amplifiers," finding that Petitioner Adamson Systems proved by a preponderance of the evidence that Respondent Peavey Electronics had discontinued use of the CS mark on amplifiers, with intent not to resume use. emphasis by the Board).
Shyam Vithalrao Devkatta (2015), the Supreme Court held that a film title, such as “Desi Boys,” cannot be subject to copyright infringement (paras 8-11). The viability of title registrations with societies and guilds has also been a major aspect of discussion for film title registrations. In Krishika Lulla v.
Introduction Brand owners and traders have long embraced numeral creativity to captivate consumers. Names like 7-eleven, 5 Star, 7Up, and 99acres resonate with consumers, widely reflecting the innovative use of number as brand identities.
August asserts that the Defendant, AirG Inc, a Canadian social media brand, committed copyright infringement by reproducing six of Pugliese’s Jennifer Lopez photos on their website without permission. The Court was not satisfied that any of this evidence confirmed that Pugliese was a US citizen in April 2015, when photos were created.
Colorful Roots LLC, the Opposer, Roots Corporation, relied on several of its trademark registrations of ROOTS and its derivatives. Opposer made of record its four ROOTS trademark registrations as well as the testimony declaration of its Chief eCommerce Officer. In Roots Corporation v. b) Relatedness of the goods.
Bernard Kelvin Clive, a well-known brand strategist, once said that strong brands aren’t built through shortcuts and copycats. In the 21 st century, the Oreo cookie is the best-selling cookie brand worldwide. Let us discuss a few of them. Such results talk about Xiaomi being a poor imitation of the tech giant Apple Inc.
As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. It demonstrates to a buyer where a product came from and how much he can trust that product based on the brand value associated with it. Trademark Infringement. Indirect Infringement. Registered Trademark.
If the property of a person can be protected, likewise, when a popular celebrity like Amitabh Bachchan faces possible harm regarding his brand, the same can be protected under his right to publicity. The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks.
Third-party registrations and third-party website evidence showed the same mark used by a single entity for both restaurant services and frozen pizza sold at retail (for example, Uno Pizzeria and Grill). It sells ROMA brand frozen pizza in supermarkets in 29 states. There was no evidence of media recognition or brand awareness.
The company recently filed 10 applications with the US Patent and Trademark Office for the McDonald’s brand and McCafe. The Department of Industry, which is the quasi-judicial authority responsible for filing, registration and other procedural aspects, has given a decision against McDonald’s. Facts of the case.
This is generally done by giant corporations and brand names to survive the competition and swallow the small businesses for gains. The modus operandi of bullying and legal threats which are baseless by large entities gets initiated by serving a cease and desist notice which contains threats of instituting a trademark infringement suit.
to an entity called Oksara LP in August 2015. Oksara LP’s registration documents, available on the UK’s Companies House portal, list B2B Consultants Ltd and BTD Enterprises Ltd as Oksara LP partners. And another from 2016 that featured a piracy ‘brand’ with an even bigger profile. KickassTorrents.
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.
As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. It demonstrates to a buyer where a product came from and how much he can trust that product based on the brand value associated with it. Trademark Infringement. Indirect Infringement. Registered Trademark.
The Supreme Court provided a detailed analysis on what makes a trade mark eligible for registration. Prime among the conditions for registration, the mark must be one “by which the goods of the applicant may be distinguished from the goods of others.” com” are capable of registration. 2] (2015) 237 FCR 388.
Delhi High Court clarifies that difference in brand name cannot be a defense against prior publication of the suit design. Case: Novamax Industries Llp vs Prem Appliances & Anr. The Defendant argued that the suit design was published prior to the date of registration under a different trade name.
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. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may. 2015) What is trademark dilution? What is Trademark Dilution?
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. NICE Classification ). & Ors , it was held that.
In the latest round of this 25-year-old saga, the Board granted a petition for cancellation of two registrations for the mark COHIBA (one mark in standard form, the other slightly stylized) for "cigars," on the ground of violation of Article 8 of the Pan American Convention. 1067(a) [Section 17(a) of the Lanham Act]." Dow Chem.Co.
According to the SCA, the target market for the products was made up of discerning consumers who were more concerned with the precise brand of watch they required, and who would be less likely to be deceived or confused by the limited similarities between the marks.
PepsiCo had registered the tagline “For the Bold” as a trademark in 2013 for its Doritos tortilla chips and used it extensively for promotions when it was launched in India in 2015. Plaintiffs submitted to the court that on 19 th September 2020, Parle had applied for the registration of the trademark, “Be the Fizz! For the Bold!”,
It granted a petition for cancellation of a registration for the mark DANTANNA’S for “steak and seafood restaurant” on the ground of fraud. Neither he nor Great Concepts notified the USPTO about the false statement, although they were aware of it since 2015. Respondent ACIGI became Fuji’s exclusive U.S.
Comments Invited for Amendments to the Geographical Indications of Goods (Registration and Protection) Act, 1999, by October 10 Comments invited for proposed amendments to the Geographical Indications Act. Sponsored] Registration Deadline Extended for the “Comprehensive Course on Patents” Organized by The IP Press In Collaboration with S.
Do a quick Google search and you will find many sites explaining the history and significance of the phrase to Apple and its branding, and how it brought a new wave of popularity and interest to a floundering Apple company as of 1997.
the Court, with a 2-1 majority, found that the Board wrongly cancelled the registration of a trademark holder due to the filing of a fraudulent declaration by its former attorney to obtain incontestable status of the trademark “DANTANNA’S.” Section 14 allows for a petition to cancel registration of a mark that was “obtained fraudulently.”
respondent) has registered the mark ‘Alphard’ in 2015, for using it in classes 9 (different scientific, nautical, life-saving apparatus, computer and computer softwares etc.) However, the same stands rejected by the Registry on the ground of its similarity with Techsquare’s mark ( pdf ). On the other hand, Techsquare Engineering Pvt.
In 2015, the Supreme Court, in B&B Hardware, [1] decided in a 7-2 vote that issues decided in TTAB proceedings may have preclusive effect if the elements of issue preclusion are met. In 1997, Beasley obtained a New Jersey state trademark registration for THE EBONYS. The TTAB is one such limited jurisdiction “court.”
In 2015, the Supreme Court, in B&B Hardware, [1] decided in a 7-2 vote that issues decided in TTAB proceedings may have preclusive effect if the elements of issue preclusion are met. In 1997, Beasley obtained a New Jersey state trademark registration for THE EBONYS. The TTAB is one such limited jurisdiction “court.”
To provide some background, in 2015, Apple launched a streaming service and filed for federal trademark protection of its APPLE MUSIC mark in connection with “production and distribution of sound recordings and arranging, organizing, conducting, and presenting live musical performances.” Bertini appealed.
The Board sustained an opposition to registration of the mark DANA DESIGN in the form shown below, for backpacks, hiking equipment, tents, and related goods, on the ground that the mark comprises the name of a living individual, Dana Gleason, without his consent and is therefore barred from registration by Section 2(c) of the Trademark Act.
The parties settled in 2015; defendants agreed to cease their use of those marks and to avoid the words “Florida” and “Virtual” together in a mark. Plaintiff has seven registered trademarks involving Florida Virtual School or FLVS; two of the registrations are incontestable. statements as evidence of confusion.
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